HomeMy WebLinkAbout09/22/1980 Council MinutesSeptember 22, 1980
The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M.
September 22, 1980 by Mayor Gourley, Council members present; Elsenpeter, Jaworski,
Kulaszewicz, McLean. Mr. Locher, Mr. Gotwald, Mr. Meister, and Mr. Schumacher,
were also present.
The minutes of September 8, 1980 were approved as presented. On considering the
disbursements, there were no questions. The Mayor declared the disbursements
approved as presented.
Mr. Aldrige appeared before the Council to discuss his application for a special
use permit for the construction of a plumbing establishment on Lake Drive in Carole
Estates II. The Planning and Zoning Board had suggested that since this land had
been proposed for Expansion Residential in the Comprehensive Plan, that Mr. Aldrige
look for lands that are in an Industrial Park. The Schilling plat on Lilac had
been suggested. Mr. Aldrige and Mr. Schumacher had consulted with the developers
of this plat and had discovered there is a problem wi *h the Rice Creek Watershed
Board as to the disposal of lots in the partial plat. It seems that the entire
drainage plan must be developed before any lots can be used in that plat and the
developer is not willing to put that much money into that plat at this point in
time.
Mr. Schumacher pointed out that at the present time there is very little, if any
Light Industrial zoning for use in this City - there are potential business looking
for building sites and there are none available.
Mayor Gourley questioned Mr. Aldrige as to the exten* of his proposed business.
Mr. Aldrige said this business is on the order of a Plumbery, with a major part
being retail sales with some contracting.
Mrs. Elsenpete- pointed out-that there are various businesses already located in
or near that area and felt this would not be out ofline for this area.
Mr. Aldrige pointed out that the lots South of the one he is interested in had
been sold for commercial purposes at this time.
Mayor Gourley felt that the zoning ordinance could be changed to allow retail
plumbing shops in the general business area and leave the general plumbing .
contractors in the light industrial zoning. Mayor Gourley felt that as long as
the operation remains at a 50/50 use, he would not be in violation of the ordinance.
If this change is made in the ordinance, this would relate to all portions of the
City. Mayor Gourley asked that this suggestion be forwarded to the Planning and
Zoning for their considerstion.
Mr. Pete Nadeau was next under the open mike. Mr. Nadeau has approached the Council
on the vacation of his plat, and the refund of the money he had paid into the Park
Fund. Mayor Gourley asked Mr.Locher for his advice on this matter.
Mr. Locher said the plat can be vacated, but must be done by public hearing, the same
as platting. If there had been land, it would have reverted to the developer, but
there is no provision made for the refunding of money.
Mayor Gourley wondered if it would not be better if Mr. Nadeau took this matter
to the Courts and the Council will wait for that decision and considered this
matter( in relation to the Court's decision.
Mr. Nathe had been scheduled under open mike but was ill. Mr. Schumacher explained
September 22, 1980
this is in relation to the request for sewers at the 49 Club. Mr. Schumacher said
that Mr. Nathe will petition the City for the installition of sewer service in
that area. There was some discussion of the feasibility of this installition and
the possibility of the inclusion of other properties. This petition will be con-
sidered when received.
Mrs. Elsenpeter. asked to discuss the actions of North Central Public Service in the
installation of gas lines into the Pine Haven Plat. She asked for some assistance
from this Council in getting this service before the heating season.
Mayor Gourley asked that a letter be written to North Central asking that this area
be handled as soon as possible.
Mr. Dick Paulson appeared before the Council to discuss the drainage problems on the
corner of Highway #8 and Main Street.
Mayor Gourley said he had discussed this matter with the manager of the Tom Thumb
store and he had agreed to allow a drain tile to be installed in the berm to drain
into the holding pond at that location. North Northeast also said they would do some
elevations to determine the flow of the water.
Mr. Paulson pointed out that one �f the culverts is plugged. This is a County cul-
vert and suggested that Mr. Paulson talk to the County. He said he had a couple of
times with no results.
Mr. Kulaszewicz suggested that the City Engineer take a look of this and present
some alternatives for the solution of this problem. Mayor Gourley said he was trying
to get this problem taken care of without involving the City personnel.
Mr Kulaszewicz moved to instruct the City Engineer to look at this problem and pre-
sent a solution.
Mrs. Elsenpeter felt that if the City allowed the Tom Thumb construction, then this
no longer a meighborhood problem, but a City problem in that the City allowed the
construction.
Mr. Schumacher said he had talked with Mr. Mobley about Tom Thumb Lnstallation and
at this tiee, they do not aave a legal occupancy. jThere were certain things that
were to be completed and has not been completed.
Mr. Jaworski asked if the plans for the Tom Thumb had been presented to the RCWB?
Mr. Schumacher indicated that he had done some research and could not find where
this had been presented to RCWB.
Mr. Gotwald felt this problem will be solved when the County completes its work on'
Highway #8.
Mr. Kulaszewicz added to his motion, that this work be done and the cost be billed
to Tom Thumb and present the solution to the problem be presented to the property
owners. Mr. Schumacher requested that the County Engineers and the Building In-
spectors be involved in this also.
Mr. Paulson said he would like some solution to this problem in that he wants to
put in a new septic system before the winter. Mr. Schumacher warned the Council
that if City staff becomes involved it would be precedent setting for future drain-
age concerns on private property and the City may become liable for damages.
September 22, 1980
Mrs. Elsenpeter seconded the Motion. Motion carried with Mayor Gourley voting, no.
The discussion on the problems on LaMotte Road was called to order at 8:30 P.M.
Mayor Gourley asked for a report from the Engineers.
Mr. Meister presented the Engineering suggestions for the repair of`this street
and the estimated costs of $11,278.00. This would include the installation of
the new product 'marify', 6" class 5, and 2" bitumous surface.
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Mr. Mastro of 1553 LaMotte Road, asked who is to pay the bill for this construction
and Mr. Gotwald said the history of this original installation should be considered.
Mr. Gotwald pointed out when the sewers were installed, the residents of the area
were in favor of the work with the stipulation that the costs be comparavle to those
being paid by the Cinterville residents. This was set at $3,000.00 per lot.
Mr. Gotwald pointed out that this would pay for the sewer installation and the re-
storation of the street. This project was assessed before the bids were let and thus
set a limit on the amount of money that could be expended.
It was pointed out that the street had started to break up the first year it was in-
stalled. Mayor Gourley asked if there was anyone that was present at the public
hearings held on this improvement? He said he had tried to verify the limit on
the spending and had been unable to do so. Mr. McLean said he remembered a limit
being set, but not the limit. Mr. McLean said he remembered being limited by what
was happening in Centerville.
Mr. Stimart pointed out that Mr. Sprint represented the home owners in the area
and had reported back to them on the actions of the Council. Mr. Stimart also said III
this street broke up the first of the year.
Mr. McLean asked if there is a reason for the breakup of this street and Mr. Gotwald
said there is a very high water table in that area and a lot of movement of that
water in its course to the lake. This is caused by a hardpan below the water table.
Mr. Gotwald said there is no assurance that if this road is repaired as proposed,
that it will be a good road. He felt that the problem is caused by the soil con-
ditions and the water table.
Mr. Stimart asked why the street wasn't repaired proper at the time the sewer was
:installed and Mr. Gotwald replied that there was a limit on the amount of money that
could be spent.
One resident said he had lived there for 10 years and one portion of the street had
always been bad. One resident said he had been there when the road was torn up and
he felt the amount of gravel and blacktop that had been removed was better than what
had been replaced.
There was some dti,scussion on the Centerville section being narrower than the Lino
Lakes portion - why wasn't this widened out to match? Mr. Gotwald said that was
the decision of the residents and Council of Centerville to restore to what was
existing.
There was some suggestion that perhaps this repair work should be the responsibil-
ity of the contractor - that he should be required to restore this street.
Mr. Gotwald said it was 14 months before the break up started and that there is
only a one year warranty period on road construction.
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September 22, 1980
Mayor Gourley referred to the soil borings that had been done and asked where some of
the material had gone - one boring indicated 7" of aggregate, the second boring - 52"
and the third had none - what happened to the material?
Mr. Gotwald explained what had been used in the restoration of that street and he said
that it is entirely possible for gravel to sinkkout of sight where there is so much
water movement.
Mr. Gotwald answered Mayor Gourley's questions on the required amounts of class 5
that is required by Ordinance and what can be used in order to achieve this speci-
fication.
Mr. Gotwald felt this is a routine maintenance problem and felt that if this street had
been maintained properly, it would have held up. This street had been installed accord-
ing to the Council's instructions.
Mayor Gourley pointed out that in June of 1979 the road had four of five spots that had
broken up - this was only 9 months after the installation - why wasn't the contractor
asked to repair this street at this time? Mr. Gotwald said the warranty is against
faulty workmanship.
The alternative mithods of repairing this street were discussed. This would include
some sub - cutting, filling with clean sand, class 5 and bitumous.
Mr. Jaworski said he felt there is no way to assess how long this street would have
lasted no matter what surface had been installed due to the soils. Mr. McLean agreed
and felt this is a problem of City maintenance. M. Kulaszewicz felt this could
occur on any street in the City and he basically agreed with Mr. Jaworski. Mrs.
Elsenpeter felt that even the work proposed could fail so it would appear this is more
of a maintenance problem.
Mayor Gourley felt there should have been better engineering from the beginning, this
will save maintenance cost over the years.
Mr. Schumacher pointed out the financial status of the City - the revenues have not
increased. What has been done is to decrease this year's seal coating budget by
$24,000.00. There is no way the City can absorb $11,000.00 of additional expenditures.
Mr. Meister said the best for this year is to cut out the bad spots and put in some
fill and black top those spots. It is too late in the season for major work. He felt
this should be considered in the Spring. He felt this work could be done for approx-
imately $600.00. This is just the bare minimum to keep the street intact for the
winter months.
Mr. Kulaszewicz moved to instruct the Street Superintendent and City Engineer to look
at the street and do the work to make this street passable for the winter months, at
the lowest possible costs. Seconded by Mr. McLean. Motion carried unanimously.
Mrs. Elsenpeter moved that total repair of this Street be included in the 1981 main-
tenance budget. Seconded by Mr. McLean. Motion carried unanimously.
After a recess, the Planning and Zoning Report was considered. The first item on this
report was a kennel license request by Mr.. Vernon Swanson. The Planning and Zoning
Board had recommended approval of this license at 6840 Sunset Avenue. Mr. McLean moved
to approve this license with the stipulation that no more than four dogs be kept at
that location. Mayor Gourley asked that this license be pro -rated for the remainder
of this year. These license are to be used from January 1, through December 31.E Se-
September 22, 1980
conded by Mr. Jaworski. Motion carried unanimously.
The next item was a request from Mr. Brad Barrot to move a house from one site in
Lino Lakes (Aqua Lane) to another location (77th Street) . The house does meet
the specifications of The City. This house has been inspected by the Building In-
spector and the Mayor. It was felt this is a well built home. Mayor Gourley felt
that something should be done to the siding. Mr. Barrot he would either stain, paint,
or restore the siding so it is presentable.
Mr. Jaworski moved to approve the moving of this home from Aqua Lane to 77th Street
with the stipulation that he upgrade the siding. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
There was some discussion on the moving permit applications that had been approved
and adopted by the Council and Mr. McLean wondered why this form had not been used
in this application.
Mr. Glenn Rehbein had applied for variance for the construction of a storage building
which would have one corner nearer the street than his residence. This was,so lo-
cated due to the sun angle since there will be some solar heating in the home.
Mr. McLean moved that this variance be granted. Seconded by Mr. Kulaszewicz. Motion
carried unanimously.
Mr. Schumacher asked to discuss the size of this building since this building will
exceed 1000 square feet. This is not according to the City's building code which
limits an accessory building to 1000 square feet. After some discussion of this
matter, the general consensus of the Council was that this building could be construc
ted within the Commercial portion of this lot and Mr. Rehbein does not need a variance.
The special use permit application of Mr. Gearman was considered. This is for the
construction of a commercial building on Highway #49 and had been sent to RCWB and
had been approved by that Board. Mr. Jaworski moved to approve this special use per -
mit. Mayor Gourley asked that the drawing presented be attached to this special use
permit. Seconded by Mr. McLean. Motion carried unanimously.
The hearing for the proposed sale of the Park property in LaMotte Add. was called to
order. Mayor Gourley asked if there was anyone here to speak on this matter and there
was none. Mayor Gourley moved to authorize the Attorney to draw up the necessary deeds
to secure the necessary signatures from the LaMotte family. Seconded by Mr. Jaworski.
Motion carried unanimously.
Mayor Gourley moved to continue this hearing until October 14, 1980 at 9:00 P.M.
Seconded by Mr. McLean. Motion carried unanimously.
The Clerk was instructed to mail a notice to all property owners notifying them of
this hearing.
Since the Council adjourns at 11:00 P.M. and it is now that time, Mayor Gourley asked
the wishes of the Council. This meeting will continue.
The matter of Mr. Ulmer was next and Mr. Meister reported that the work that was
necessary has been completed with the exception of the seeding. Mayor Gourley
questioned the steep slope on the cul -de -sac. Mr. Meister felt this has been re-
paired correctly. If this should wash away in the Spring, it will be repaired by
Mr. Ulmer. There was some discussion of a spot on the cul -de -sac that had appeared
to have been patched. Mayor Gourley felt that this should be looked at since it
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September 22, 1980
appeared not to have been repaired correctly.
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Mayor Gourley said with the understanding that the Engineers will check out the small
patch and that Mr. Ulmer will be responsible for any erosion that occurs in the Spring,
then the Chair would move that Mr. Ulmer be allowed to apply for building permits in
those plats on a normal basis. Seconded by Mr. McLean. Motion carried unanimously.
The matter of Wollan's Estates was considered. There is approval of the RCWB, the
Anoka County Highway Department - Mr. Locher noted there are some mathematical errors
which will be corrected by the Surveyor's office - this does not present a problem.
The final deeds to this property is correct. Mr. Locher recommended this plat be
approved subjece to these corrections. When the plat is filed, the City will receive
a Warranty Deed for Outlot A.
Mr. Meister said several Outlots that had been on the original are not present on
these final drawings but he had received a corrected copy and these parcels are on
the final.
Mr. McLean moved to approve the final plat of Wollan's Estates subject to the cor-
rections as outlined by Mr. Locher and subject to the City receiving a deed to Out -
lot A. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mr. Jaworski moved to authorize the Mayor and the Clerk to sign the final plat for
Wollan,:Estates. Seconded by Mr. McLean. Motion carried unanimously.
Mr. Schumacher reported that he had met with Mr. Vernon Wahlberg on the status of 77th
Street. Mr. Wahlberg refused to consider anything over $1000.00 as his contribution
to the upgrading of this street. There was discussion on the original stipulations
as set forth ehen the building permits were issued. Mr. Locher said he had talked to
Mr. Wahlberg and had been told that the City would not construct the street.
Mayor Gourley suggested shortening the proposed street, thus eliminating some tree
removal, grading and graveling.
Mr. Jaworski moved to authorize Mr. Schumacher to contact the bank on Mr. Wahlberg's
Letter of Credit with the information that the City will be using this money to up-
grade that street (77th). Seconded by Mr. Kulaszewicz. Motion carried unanimously.
The Council asked for a new submission as to the cost under the specifications as
outlined above. The Council will then decide just how this work will be done.
There was discussion as to how this should be handled with Mr. Gotwald suggesting
that two bids be obtained.
Mr. McLean moved to instruct Mr. Schumacher to obtain two bids covering the work as
specified by the City Engineer and Public Works Superintendent concerning the exten-
sion of 77th Street. Mayor Gourley amended the motion to 'instruct the Public Works
Superintendent' to obtain the bids. Mr. McLean accepted. Seconded by Mr. Jaworski.
Motion carried unanimously.
Mr. Schumacher requested the Council to consider the petition of the residents of
Andall Street and authorize the preparation of plans and specifications for this
Street. Mr. McLean so moved. Mayor Gourley added that Mr. Locher be authorized
to obtain the deeds for the right- of -way. Seconded by Mr. Jaworski. Motion
carried unanimously.
Mr. McLean moved to adjourn. Seconded by Mr. Jaworski. Mayor Gourley declared the
the motion out of order and asked the Council how they wished the incompleted por-
tion of the agenda handled. This included items 10 through 16. Mr. McLean asked
that the Attorney's report be handled at the special meeting on September 29,1980.
After-- some discussion, the Mayor called a special meeting of the Council to follow
the public hearing on September 29, 1980 to begin immediately following the Public
Hearing .
Mr. McLean moved to adjourn. Seconded by Mr. Jaworski. Aye.
These minutes were considered, corrected, and approved at a regular meeting held on
October 14. 1980.
Edna L. Sarner Clerk- Treasurer
September 29, 1980
The special meeting of the Lino Lakes City Council was called to order at 7:40 P.M.
on September 29, 1980 by Mayor Gourley with all Councilmembers present. Mr. Locher,
Mr. Schumacher and Mr. Meister were also present.
Mayor Gourley opened the Public Hearing on Lakes Add. #7 and outlined the format by
which this public hearing would be conducted. 1) Staff presentation; 2) Developer's
presentation; 3)Proponents and opponents; 4) Council discussion. Mayor Gourley set
the deadline of 9:00 P.M. for the closing of this hearing. At that point the Council
should be prepared to either approve or deny. Mayor Gourley asked for representa-
tives of groups to please speak for the group and to limit their discussion to 5 min-
utes.
Mayor Gourley asked Mr. Schumacher to present the preliminary plat. Mr. Schumacher
noted that copies of this plat are posted in the rear of the Council chambers as
well as the map board. This plat consists of 54 units in Block 1, and 44 units in
Block 2, proposed for quadreminium construction. At the Planning and Zoning Board
meeting on August 20, 1980, this preliminary plat had been denied on a 4 to 3 motion.
This plat-xis presented by El Rehbein & Son and they are platting under a Special Use
Permits issued for multiple dwellings. The denial was denied for the following reasons;
drainage, density, and downgrading of existing homes and some confusion on the existing
special use permit.
Mr. Schumacher pointed out that the drainage will be reviewed by RCWB once the Council
has taken some action on this plat. The Enviornmental Work Sheet has been prepared
and has been reviewed by the City Planner; the Developer has received these comments
and is now in the process of making the necessary revisions. This will be submitted
to the Enviormental Quality Control Board for their review.
Mr. Schumacher pointed out that the preliminary plat has satisfied the following
Ordinance requirements; 1) Park Dedication; 2) Storm Water run -off; 3) lot size and
setbacks 4) Building coverage; 5) lot depth and width; 6) architectural review.
The issues not complying with the Ordinances, 1) no street names; 2) one lot does not
meet the frontage requirements - Lots 32 & 34. Mr. Schumacher felt this will have to
be considered by the Council.
Mr. Blackbird noted this is a re- submission of the same plat - 5th revision. The re-