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HomeMy WebLinkAbout08/25/1980 Council MinutesAugust II, 1980 These minutes were considered, corrected and approved at a regular meeting held on August 25,1980. Edna L. garner, Clerk- Treasurer August 25, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on August 25, 1980 by Mayor Gourley. Council members present; Elsenpeter, Jaworski, Kulaszewicz, McLean. Absent; None. Mr. Locher, Mr. Meister and Mr. Schumacher were also present. Mr. McLean moved to approve the minutes of August 11, 1980 as presented. Seconded by Mr. Jaworski. Notion carried unanimously. On considering the disbursements, Mr. Jaworski moved to approve the disbursements as printed. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Robert Burman, County Commissioner, presented some tax forfeit property that is available for City acquisition if they so desire. Mr. Burman left a map noting these lands and the legal descriptions of the lands. He said they could be purchased for the appraised value. It they are interested just let him know. Mr. Burman also told the County had progressed to the point where the Anoka County Highway Department would like to meet with City Officials on the plans for the up- grading of County #23. The Clerk was instructed to contact Mr. Paul Ruud apd set this meeting for the evening of September 15,1980 at 7:30/8:00 P.M. Mr. Burman reminded the Council that he was running for re- election and asked if there were any problems they would like to discuss with him. Mayor Gourley said there are three problemed streets in the City that should be assumed by the County as County Roads 1) 24th Avenue; 2) 80th Street and 3) Pine Street. Mr. Burman said the transferringfof roads is not as simple as it once was - Metro Council gets involved. He said he is interested and is aware of the maintenance problems on these streets. He will consult with Anoka County Highway Department and will get back to the Council. Mr. Jerry Young, representing the Circle -Lex Lions Club presented information on the upcoming Sandburr Days to be held at Sunrise Park September 6 and 7. The proposed activities to be held were discussed. Mr. Young asked for a beer permit for the two days. After some general discussion, Mrs. Elsenpeter moved to approve the use of Sunrise Park by the Circle -Pines -Lex Lions Club on September 6 and 7, 1980 and to issue a beer permit for the sale of 3.2% beer beginning at 8:00 A.M. on September 6 until 1:00 P.M. and on September 7, 1980 from Noon until Midnigh +. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Dick Paulson, who lives on Vicky Lane, appeared before the Council to present a August 25, 1980 problem he is having with water standing in his back yard. This has caused his septic sustem to overflow and he is asking for some direction as to the solving of this problem before winter since he must install a new system. Mayor Gourley felt that North Northeast is having some engineering work done in that area and felt this should assist in solving that problem. He felt that some answer should be available before the next Council meeting. It was felt generally that this Council should find out what work has been done by North Northeast and then perpaps the City's Engineer could take a look at the problem. Mr. Dennis Ulmer appeared before the Council in reference to Council action on the withholding of building permits in Rice Lake Add. #1,2, &3. Mayor Gourley pointed out the problems that exits in those plats and noted that these problems have been reported to this Council for approximately one year. This has to do with some washing out of the street, some seeding, and some catch basins that need covering. Mr. Ulmer is under obligation to construct homes and needs his building permits. Mr. Ulmer had proposed to Mayor Gourley that these problems would be completed within 30 days and he would ask the Council to allow building permits to be issued. Mr. Ulmer said he wasn't aware of the Council action restricting building permits He asked the Council to allow building permits to be issued and to allow him'30 days to get the required improvements completed. Mr. Jaworski said he would object to Mr. Ulmer having a free hand for 30 days - he felt that there should be some limitation. There was some discussion as to whose responsibility it is to see that the work is done according to the plans and speci- cations. Mr. Schumacher asked Mr. Locher, if this City allows building in this area, would there be any repercussion on the City as far as the storm water which there is pre- sently Litigation? Mr. Locher said he couldn't answer that - he did not know where the storm water might be going. Some of the water in the 3rd addition flows directly South and East of the existing road. If any of the water from the 3rd addition is to flow into the first addition there could be problems. Mr. Ulmer said the 3rd addition did not drain into the first - Mr. Schumacher said the map Mr. Ulmer had brought in showed the drainage to the East into the first addition. Mayor Gourley said this discussion concerns the work to be done in Rice Lake 1 & 2 - Rice Lake 3rd will considered seperately. The 1st and 2nd addition have RCWB approval. Mr. Ulmer said he only wanted building permits on the existing street in the 3rd ad- dition. Mayor Gourley asked that the 1st and 2nd be dealt with first. Mrs. Elsenpeter asked if Mr. ULmer felt that these problems could be corrected in 30 days and Mr. Ulmer felt this could be done. Mr. Schumacher felt that since the City is involved in a law suit, what affect will the allowing of building in this area have on that suit? Mayor Gourley said Add. #1 & 2 is operating under a RCWB approval, and this did not require any special construc- tion as to the ponding area. The 3rd Add. does not have a permit at this time. Mayor Gourley asked how many building permits Mr. Ulmer would need in the next 30 days - Mr. Ulmer thought perhaps 3; Mayor Gourley suggested 4; Mayor Gourley moved to allow Mr. Ulmer four building permits in Rice Lake Add. #1 & #2, this be reviewed 1 01 August 25, 1980 in 30 days for the conformande of all problems as outlined in the Engineer's letter be taken care of. Mr. Kulaszewicz was concerned over possibly legal repercussions if building is al- lowed. Mr. Locher said there is two aspects 1) the claim that this plat is causing the back up of water and 2) the drainage ditch is plugged and this shows clearly on the aerial photographs, this is the area located behind the body shop (Skyline). This matter will be reviewed on September 22, 1980. The motion was seconded by Mrs. Elsenpeter. Motion carried unanimously. Mayor Gourley made some suggestion to Mr. Meister as to how the problem with the cul- de -sac could be corrected - perhaps with a berm. Mayor Gourley said the ordinance requirements will need to be varied - does the Council want a report before the work is done? The general consensus of the Council was the Engineer is authorized to vary this ordinande to solve this problem. Rice Lake 3rd Add. was discussed and the problems that could appear if construction is allowed in that area before RCWB give it's final approval. Mr. Meister was asked what percentage of that plat would drain into the first plat and he felt only about 40%. Mayor Gourley suggested some grading along the Tots along Sunrise and the build- ing of a berm on the rear of the lots thus ensuring that the drainage is to the West and not to the East. Mr. Ulmer said they are only requesting building permits along Sunrise Avenue at this point in time. Mr. Kulaszewicz moved to approve building permits on the lots facing Sunrise Avenue with the` lots to have 100% drainage to Sunrise and that there must be approval of RCWB before any permits are issued on any of the remaining streets in that develop- ment. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The Special Hearing for the Dobie Rezoning was called to order. The Clerk read the notice of publication but the date read August 28, 1980 , at 8:00 P.M. The Council set a special meeting for August 28, 1980 at 8:00 P.M. to consider this rezoning re- quest. Mr. Volk presented his report on proposed street improvements. The first street to be considered was 77th Street West of Highway #8. This is the street that was supposed to be brought up to a certain level by Mr. Wahlberg but was never done. Mr. Volk pre- sented suggested work to be done on that street to bring it up to a gravel street level. Mr. McLean felt this should be paid for by Mr. Wahlberg. He asked this be researched. Mr. McLean moved to table this consideration until the letter from Mr. Wahlberg has been received. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Volk reported that the repair on the manholes on East Shadow Lake Drive has been completed and he presented two bids for the patch work that must be done on the street. H &S Asphalt - $1696.50; Lino Lakes Blacktopping - $1650.00 Mr. McLean moved to approve the Lid from Lino Lakes Blacktopping. Seconded by Mr. Kulaszewicz. Motion, carried unanimously. The Planning and Zoning Board report was considered next. The first item on the agenda was a request from Mr. Glenn Rehbein for a variance to transfer title on a piece of land containing Tess than 22 acres. This land is to be added to a parcel along Highway #8 to bring the total acreage to just over 5 acres. Mr. Rehbein plans to con- struct a single family residence on that property. There was some discussion of the fact that the West 300 feet of this land is zoned commercial and the Council has been restricting residential construction in lands zoned commercial. However, Mr. McLean pointed out that the land on that side of Highway #8 is all residential and a pre- 162 August 25, 1980 cedent has been set.- It was pointed out that in the Comprehensive Land Use Plan, that area has been planned for multi - family zoning. Mr. Rehbein said that he would accept whatever zoning is applied to all the lands located in that area. Mr. Jaworski moved to approve the variance for the transfer of title of the parcel of land. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to approve the construction of the single family home upon the re- ceipt of the letter stating that Mr. Rehbein will accept whatever zoning is accept- able to the remaining property owners. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. McKenna, of Equity Estates, had applied for a variance yo construct a garage nearer the street than his home. He pointed out the problems that he had with a very high water table in the area. His home was only two feet into the ground with soil mounded around the basement area. He felt that if he put the garage along side the home he would need to disturb his soil. Since he has had no water problems to this date, he did not want to disturb that soil. There is also a line of trees that he does not want to destroy. After some discussion, Mr. McLean moved to approve this variance to allow the garage to be constructed nearer the street than the home due to the problems with high water table and to allow the trees to remain. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Krysinski's application for the use of lands just South of Lino Park as a used car lot was discussed. Mr. Short had noted that the used car lot is a permitted use in that area but a home is not. There was some discussion on the information needed before this applica #ion can be considered. Mr. Kulaszewicz moved to table this matter until the necessary conformance to Mr. Short's recommendations. This to be completed within 30 days. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. LeRoux had applied for a variance for the transfer of title of land of less than 22 acres. Planning and Zoning had recommended approval of this matter subject to the receipt of a Certificate of Survey. This had not been received. Mayor Gourley moved to table this request. Seconded by Mrs. Elsenpeter. Mrs. McClaine had requested a variance for a sot split and had requested to be put on the P & Z agenda. This matter had started in April of 1980 and has not been con- sidered due to non - appearance of the party. Mayor Gourley moved to deny this request. Seconded by Mr. McLean. Motion carried unanimously. Mr. Harold Bisel had applied for a special use permit for the repair and sale of used lawn mowers at his home on 20th Avenue South. Mr. Bisel is a teacher and this is just a summer occupation for him. Planning and Zoning had recommended approval with the stipulation of 1) no outside storage; 2) no employees, work to be done by owner only; 3) this special use permit is non- transferrable. Mr. McLean moved to approve this special use permit to include the above stipulations. Seconded by Mrs. Elsen- peter. Motion carried unanimously. The Planning and Zoning Board had forwarded Lakes Add. #7 to the Council with a re- commendations for denial on a 4 to 3 vote. Mrs. Elsenpeter moved to set a public hearing on this proposed plat for September 8, 1980, at 10:00 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. The Public Hearing on the vacation of a portion of Mallard Lane in Lakes Add. #2 was called to order at 9:40 P.M. Mr. Locher pointed out the location of this piece of 162 August 25, 1980 land and noted that the City must obtain a drainage easement over a portion of this land. The County had also given several other easements for drainage in this area in conjunction with this vacation. Mr. McLean moved to approve the vacation of a portion of Mallard Lane subject to the receipt of the drainage easement needed and as defined by Carley Engineering from Anoka County. Seconded by Mr. Jaworski. Mo- tion carried unanimously. Mr. McLean moved to close the hearing at 9:50 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. The feasibility report on Lantern Lane was considered and accepted. Mr. Jaworski moved to authorize the Engineer to prepare plans and specifications for this project. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The matter of a request for a sewer hookup into Shoreview by Nathe Brothers was con- sidered. This is for the '49 Club located at the intersection of Highway 49 and County Rd. J. Mr. Meister said the only way he could consider recommending this is with the understanding that when there are sewers available in Lino Lakes, this es- tablishment would have to connect with the Lino Lakes system and pay their share of the assessments. There was some discussion of this matter by the Council with the general feeling that this should be kept within this City. Mr. McLean moved to deny this request and instruct Mr. Nathe to get together with the surronding property owners and request sewer service from the City of Lino Lakes. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Schumacher is to write to Mr. Nathe informing him of the Council action and their suggestions. Mr. Meister presented a revised cost estimate for the repair of LaMotte Drive. This is using a Marify fabric and drain tile and the cost estimate is approximately $11,000.00. The Council was concerned on how this could be paid for since this is not included in this year's budget. The Clerk is to write to all the residents of LaMotte Drive and ask them to attend the September 22, 1980 meeting for discussion of this project. She is to also follow this up with a phone call before the meeting to remind them of the meeting. Mr. Meister asked about hhe interest rate and the time period for the repayment of the special assessments on Black Duck Drive. He was informed that the interest rate is 8% and the time schedule is 10 years. The Public Hearing on the matter of the Woodshed was called to order. The Clerk had contacted the Insurance Agent on this date and he had informed her that the insurance premiums are current as of this date. He will inform the office if there is any change in the status of the insurance. Mr. Jaworski moved to close the Public Hearing at 9:55 P.M. Seconded by Mr. McLean. Motion carried unanimously. Mr. Meister continued his report with the report on Andall Street. Mr. Meister had prepared a feasibility report. This was forwarded to the property owners. The total cost is $16,000.00. Mr. Schumacher had talked to one of the property owners and explained this to him and he was to get back to Mr. Schumacher. This owner had wanted this project assessed and over the longest period of time possible. Mr. Schumacher was asked if he had a formal proposal and he said, not at this time. Mr. McLean moved to approve the authorization for the Engineer to prepare the plans and specifications for the completing of Andall Street contingent upon receipt of a formal request stating that they will pay for this improvement. The Clerk asked if there shouldn't August 25, 1980 be some wording in this motion that the City will receive the necessary right -of- way. After some discussion, it was suggested that the cost of this be included in the overall cost. Motion seconded by Mr. Jaworski. Motion carried unanimously. Mayor Gourley made a point of the fact that the last Council meeting of the month has both:the Planning and Zoning Board meeting report and the Engineer's report and is making for a long meeting. He suggested that it would make for a more efficient meeting if the Engineer presented his report at the first Council meeting of the month. Mayor Gourley so moved. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher presented a copy of the revised Ordinance No.52 for Council considera- tion. This deals with revised fee schedule. This is to be put on the next agenda. Mr. McLean moved to table. Seconded by Mr. Kulaszewicz. Motion carried unanimous- Iy The matter of setting a Public Hearing for the vacation of LaMotte Park was con- sidered. Mr. Jaworski moved to set a Public Hearing for the vacation of LaMotte Park for September 22, 1980 at 8:30 P.M. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley asked Mr. Schumacher to report on the matter of insurance bids. Mr. Schumacher had done a comparison between the insurance the City now has and the proposed coverage by the League of Cities. Mr. Schumacher pointed out there is approximately $246.00 difference in the premimum with Home being that much higher, but, that company also offered better coverage. The difference in Worker's Comp. was $500.00 less than the League Mr. Schumacher recommended that the City stay with the Company they are with at the present time, and take a look at the League's proposal in a couple of years. Mr. McLean moved to accept the Home In- surance proposal for the coming year. Seconded by Mr. Kulaszewicz. Motion carried unanimously. On considering the July financial report, Mr. McLean asked if there could be a projection made for the end of the year. Mr. Schumacher said Mrs. Anderson had started that report and it should be ready for the next Council meeting. The matter of setting a public hearing for the proposed use of Federal Revenue Sharing Funds was next. This is to be done in conjunction with the proposed bud- get. There must two public hearings in connection with these funds. Mr. McLean moved to set the first public hearing on Federal Revenue Sharing for September 22, 1980 at 9:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Personnel Policy was next. Mr. Jaworski noted on Page 5, vaca +ions - to be taken after the anniversary of employment; he felt there should be a sentence added to say this should also apply to the vacation time in succeeding years. Thus vacations would be taken following the employee's anniversary date, not on a calendar year basis. Mr. Jaworski felt this could cause some problems unless it is understood by the employees; Mr. Jaworski questioned the 120 days accrued sick days. Mr. Schumacher said this is pretty standard and is also the existing policy. Mr. Jaworski con- tinued, Page 9, Section 26 - he said he could accept the jury duty payment but he disagreed with the employee being paid for being a witness. There was discullion of a witness being paid and the requirement of the employee paying this amount into the City Treasury. Mr. Jaworski objected to the City paying an employee to be a witness for someone. The Witness portion of this section to be eliminated by consensus of the Council. August 25, 1980 Jaworski - Page 9, subdiv. 4, on an employee being granted a leave of absence to run for office - he disagreed with this provision; he felt "for City office" should be added. Mr. McLean, wording "may be granted" this implies that the employee must ask for the leave of absence - should this say "shall be granted ". Mayor Gourley - bereavement leave - felt this is too broad - should read "the day off before and the day off after" and if the employee needed additional time off, then they could use either sick leave or accrued vacation time. He suggested combining subdiv. 1 &,2 and state the "day before, the day of, and the day after the funeral" and if additional time off is needed, this may be taken from either sick leave or vacation time, or may apply for leave of absence without sick pay. Mayor 1ourley suggested concerning maternity leave, that either the husband or wife could take this as sick leave or accumlated vacation leave or take a leave of absence. There was both pro and con discussion on this point. Mr. Schumacher felt that the statement in the Personnel Policy is sufficient. Mayor Gourley moved to table con- sideration of this point until there has been some research. Seconded by Mr. Jaworski. Motion carried unanimously. Mayor Gourley introduced the Resolution declaring October 25,1980 as Local Government Day•and that the City Council will host an open house at the Lino Lakes City Hall. Mayor Gourley and Mrs. Elsenpeter have been working on a program with the local service and athletic associations. They are interested and will set up displays for the public. There is to be coffee and cookies. Mayor Gourley moved to adopt the Resolu- tion. Seconded by Mr. McLean. Motion carried unanimously. Mr. Schumacher asked for Council approval for the use of the investment firm of Merrill Lynch as a source for investments. Mayor Gourley moved to approve this firm. Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszewicz moved to limit Council meeting from this date to be either adjourned or continued at 11:00 P.M. Seconded by Mr. McLean. Mayor Gourley felt that if there is to be continued it should be before the next regular meeting or this will serve no purpose. Mr. McLean felt that after a point in time, the Council members are not effective. Mayor Gourley amended the motion to state than if there is un- finished business at the 11:00 P.M. time, that a special meeting be set to consider that business. Mr. McLean accepted the amendment. Motion carried unanimously. Mr. Jaworski noted that Northwestern Bell is planning to change their method of bill- ing in that the new system will cost the people in the suburban areas more, in that they will be computing by the distance the phone is from the main exchange. He felt that some input to the Commission on this matter would be helpful. Mr. Schumacher asked for an interpretation on Ordinance No. 72, dealing with the mor- atorium on building in the Eastern part of the City. The City has received an ap- plication for a building permit in that area on a parcel of land that has been on record since 1941. Mayor Gourley said that will have to be approved by the Council. The intent was that each permit application will have to be reviewed on a one to one basis. Mr. Schumacher read the actions of the Planning and Zoning Board and the City Council in granting a variance to allow a building on that property. Mr. Locher felt that each application should be looked at on an invidual basis. Mayor Gourley said they would need a variance to the Ordinance and he felt there should be no charge for this request. 66 August 25, 1980 Mrs. Elsenpeter moved to adjourn at 11:25 P.M. Seconded by Mr. McLean. Aye. These minutes were considered, corrected, and approved at a regular meeting held on September 8, 1980. Edna L. Sarner Clerk- Treasurer August 28, 1980 The Special Meeting of the Lino Lakes City Council was called to order at 8:00 P.M., on August 28, 1980 by Mayor Gourley. Council Members present; Elsenpeter, Kulasewicz, Jaworski. Absent; McLean. Mr. Schumacher was also present. The I9ublic Hearing for Rezoning was called to order at 8:05 P.M. Mr. Brian Dobie had requested the Rezoning from R -1 to R -2, Tracts A & Q in his addition. Mr. Schumacher read the notice of publication. Mr. Schumacher reported this had been reviewed by the Planning and Zoning Board at their .ast meeting and that Board had recommended approval of this rezoning. Mr. Dobie said these lots are on the market at the present time - he has no plans for the development of the area himself. He felt that double bungalows or du- plexs abutting Main Street would provide a good buffer for the single family re- sidential area to the North. Mr. Kulaszewicz asked why he had requested this zoning on those tracts and Mr. Dobie said this would make the property more attractive and provide a shield from the traffic on Main Street. Mr. Dobie repeated that he has no plans for develop- ing those oots - they are for sale. Mayor Gourley asked for comment from the audience and Mrs. Gottwaldt asked where these home would be constructed - would they have access to Main Street? Mr. Dobie said just the first two tracts of land on either side of Wood Duck Trail and that the homes would be constructed so as to face that street. Mrs. Gottwaldt asked what classification of home would be constructed? Would these be low cost housing? Mr. Dobie said that the Building Codes would have to be followed thus ensuring standard homes. Mr. Mike Ellefson - 620 Main Street - said they had a nice neighborhood and he asked if low income housing is coming in that area? Mayor Gourley said this rezoning is just for Tracts A & Q and only a duplex or double bungalow can be constructed on those parcels of land - not multi - family dwellings of any greater size. Mr. Jeff Jones - 8042 Wood Duck Trail objected to the rezoning - he felt that the construction of R -2 would depreciate his property. He felt this zoning would increase traffic and that rental property is usually neglected and ends up being a detriment to the neighborhood. Mr. Russ Krube - 8121 Wood Duck Trail - said he had no obdections to this rezoning.