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HomeMy WebLinkAbout10/27/1980 Council MinutesOctober 27, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., October 27, 1980 by Mayor Gourley with- all members present. Mr. Rick Johnson substituted for Mr. Locher who was ill. Mr. Schumacher was also present. On considering the minutes of October 6, 1980, the minutes were approved as presented. Mr. Jaworski moved to approfe the disbursements as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The minutes of October 14, 1980 were approved as presented. Under Oper Mike, Mr. Sharppen was not present. Mrs. Joe Gregoire was present re- presenting her husband with a request for Council consideration for changing the City ordinance restricting the parking of vehicles fo over 9,000 lbs. gross weight in a residential area. Mr. Gregoire is an over the road truck driver and he wants to bring the tractor home and park overnight in his driveway. Mr. McLean asked if there was any relationship to the gross weight of this type of vehicle to what the City ordinance allows and the general consensus of the Council is there is none. It was concluded that a tractor would weigh approximately 13,000 pounds as compared to 4,500 for a pickup, this is empty weight. The consensus of the Council was this should be tabled for further study before a decision is made. Mayor Gourley pointed out that recreational vehicles are allowed in a residential area and these are over the 9,000 pound limit figure. 1 The Council asked for a staff report on the impact of this type of usage as compared II to that is currently allowed in relationship to the streets. Mr. Schilling was not present to discuss the drainage problem of Mr. Karth so this matter was tabled until Mr. Schilling arrived. The Planning and Zoning Board report was considered. Mr. Schumacher presented Mr. Malley's request for special use permit to construct a metal pole building on his land of Knoll Drive for the purpose of restoring and storing antique cars. Mr. Schumacher pointed out that the City ordinance restricts a metal building to 150 square feet, the State Building Code restricts a non - commercial accessory building to 1,000 square feet. Mr. Malley has asked for permission to construct a building 40X64. Mr. Malley said he bought the property for the purpose of having his hobby at home. He did not want any junk laying around outside, that is why his plans to construct a pole building of this size was necessary. Mr. Malley asked for a variance to the 1,000 square foot restriction. Mayor Gourley pointed out that the 1000 sq. foot restriction is a part of the State Building Code and not a City restriction. This is not new. The secondary structure cannot be any larger than the primary structure. Mr. Johnson said that he did not feel that once the City has adopted the State Building Code, they can arbitrarily vary the requirements. Mr. Jaworski felt, that in order for Mr. Malley not to lose his deposit, perhaps this matter should be tabled and allow Mr. Malley some time to work with Mr. Kluegel on an alternate. Mayor Gourley pointed out that the $100.00 deposit is refundable providing that there are no costs incurred relating to Planner or En- gineer. 1 October 27, 1980 20'1 Mr. McLean asked why this had to be a separate building and Mr. Malley said in his re- storation of these cars, the job can get pretty dirty and there is slways some danger in the wilding or painting and he would rather not have this connected to his home. Mr. Jaworski moved to table this until some alternative can be worked out. Seconded by Mr. Kulaszewicz. Mayor Gourlye said the problem is that this request is for a variance to the square footage and he felt there is no way this can be varied. Mr. Jaworski felt that if an alternative is worked out, then Mr. Malley could with draw his request and get his money back. Mr. Schumacher pointed out that only the $100.00 is refundable. Mr. Jaworski withdrew his motion and Mr. Kulaszewicz withdrew his second. Mr. Jaworski moved to deny this variance request. Seconded by Mr. McLean. Motion carried unanimously. The next item on the agenda was a variance request from Mr. D. Matzke to allow the construction of a garage nearer the street than his home. This is made necessary by the lay of the land and the stand of trees existing on the property. Planning and Zoning had recommended approval of this request. Mr. Jaworski said the homes in that area are constructed in a very uneven pattern so there is no line. Mayor Gourley moved to approve this request. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schilling's request for a special use permit to construct a professional building in Wollan's Estates was to be considered next. Mr. Schilling was not present at this time but Mr. Schumacher reported on what had been requested and went through the Planner's review of this request pointing out the items that needed to be either changed or corrected on this proposal. There was discussion on the need to alter the direction of the exiting traffic, the planned landscaping, type of construction, basement or not, the suggestion that the building be moved to the rear of the Jot - Mr. McLean moved to table consideration of this request until Mr. Schilling is present. Seconded by Mr. Kulaszewicz. Mr. Jaworski asked that a landscaping diagram identifying the type of trees and shrubbery be included in this motion. Mr. McLean felt this can be included in the motion of this special use permit is granted. Motion carried unanimously. The next item was consideration of the Comprehensive Land Use Plan as submitted by the City of Centerville. Mr. Kulaszewicz moved to table this until the Movember 10, 1980 agenda. Seconded by Mr. McLean. Motion carried unanimously. Mr. Sharppen was present and reported on the problems that is being encountered by residents in having water in their basements due to the wrong installation of culverts - one on Main Street and one on 4th Avenue. Mr. Sharppen asked who owns these culverts and whose responsibility it is to see that the water drains properly. It was generally felt these are Anoka County culverts. Mr. Kulaszewicz said he had talked to Mr. Burman and Mr. Burman had called Mr. Matzke (who is also affected) and told him these ditches are the responsibility of Rice Creek Watershed Board. There was discussion as to where these ditches and culverts are located and just who's responsibility it is to take care of this drainage. Mr. McLean suggested contacting the County for clarification as to who owns the ditches. 'O2 October 27, 1980 Mayor Gourley suggested that perhaps the City Engineers should also take a look at this problem. This matter will be put on the November 10, 1980 agenda. The Public Hearing on the Vacation of LaMotte Park was called to order at 8:30 P.M. III This is a continued hearing. Mr. Schumacher reported that he has received a copy of Centervilless five year devel- opment plan for their new park. This 10 acre Park is located approximately 600 feet to the North and East of the existing homes. Mr. Schumacher read the proposed park development plan. Mayor Gourley asked if the residents of that area have had any thoughts since the last meeting and Mr. Glenn Simonson said some of the residents had gotten together and had come to the conclusion that they would like to have the lot left as a green area with perhaps some trees planted there. A petition had been prepared and cir- culated in the neighborhood for signatures. Mr. Simonson asked to present this to the Council. Mr. Hoffmeister said the area residents would be glad to assist in planting the trees. Mr. Schumacher recommended that this petition be presented to the Park Board at their next meeting. Mrs. Stimart said the area in the rear of these homes is for sale for development and she said, even though they have no children, they approve these suggestions. Mr. Schumacher recommended that anyone who could, plan to attend the Park Board meeting to be held the first Monday in November. Mayor Gourley asked Mr. Johnson to remind Mr. Locher that the Council needs the deeds for that property. Mr. McLean moved to continue this hearing until November 10, 1980 at 9:00 P.M. Se- conded by Mrs. Elsenpeter. Motion carried unanimously. A recess was called at this point in time. Mr. Karth had requested that he be scheduled on the next meeting. He is to be put on the November 10, 1980 agenda as Item No. 5. The matter of the two petitions for street lights were considered. One is for Old Birch Street at the East entrance and one is for West Shadow Lake Drive and Shadow Court. There was also a request on the West Shadow Lake DriveLpetition for a street sign. It was suggested that this be referred to the Road Department for a solution. Mr. McLean asked if these lights were a part of Mr. Volk's planning and Mr. Schumacher said he had discussed this with Mr. Volk and Mr. Volk had no problem with these lights. Mr. Jaworski moved to approve the installation of the street lights, 1) Old Birch Street at the East entrance, and 2) West Shadow Lake Drive and Shadow Court. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was consideration of the bids for water, sewer and street installation on Lantern Lane and Lantern Circle. The bids had been opened on Oct. 24th and Mr. Schumacher had the bid computations from the Engineer. The low bidder on the project was Orfei & Sons in the amount 6f $153,502.20. This bid is under the 1 2(e October 27, 1980 feasibility study. Mr. Meister, had recommended this be awarded to the low bidder. Mr. Schumacher is in the process of arranging financing for this project and the Andall Street project. This and the Andall project are both 100% assessable. He felt he should have information on this at the next Council meeting. Mr. Jaworski moved to approve the low bidder, Orfei & Sons in the amoung of $153,502.20, project to be numbered 80 -81. Seconded by Mr. Kulaszewicz. Motoon carried unanimously. The next item on the agenda was consideration of the financial report for the month of September. Mr. Schumacher went through the items that needed some explanation. Mr. Schumacher felt the financial status is recovering from the slump in the building. Mr. McLean asked for a cash flow projection on a quarterly basis. Mr. Schumacher felt this will be done at the end of this month. This would give the Council some idea of what position this City will be in at the end of the year. Mr. McLean asked if there was to be another budget meeting to be scheduled and Mayor Gourley said that later in the agenda there are some budget cuts proposal for Council consideration. Mr. Nathe's petition for extension of sewers was considered. Mayor Gourley suggested a very brief feasibilty report to be done by the Engineer. A copy of this petition to be sent to Mr. Locher. The next item was the proposed cuts to the budgets. Mr. Schumacher had prepared a schedule. He had also adjusted the anticipated revenues - this will bring the deficit more in line. Mr. Schumahher outlined the areas of his proposed recommendations. With the cuts and the adjusted revenues, the budget shows a surplus of some $800.00. There was discussion on.the matter of having a surplus at the end of year. Mr. McLean was concerned that this figure be planned for and Mr. Schumacher suggested that perhaps the matter of increasing the revenues rather than cutting the services should be con- sidered. After some discussion, a budget hearing was set for November 17, 1980 at 8:00 P.M. The next item was consideration of a salary adjustment for Mr. Volk. This had been provided for March 24, 1980 when,the salary for 1980 had been approved. Mr. Schumacher presented his recommendation and the reasons for this recommendation. Mr. Volk is $178.00 below the Stanton Survey average. Mr. Schumacher recommended that Mr. Volk receive one -half or 89.00 of this for the remainder of the year. Mr. McLean moved to approve this recommendation to be effective Oct. 1, 1980. Se- conded by Mrs. Elsenpeter. Motion carried unanimously. Under Old Business, the proposed use of the 1981 Federal Revenue Sharing Funds was dis- cussed. A public hearing must be set on this with the stated use being published. Mr. Schumacher recommended these funds be allocated to the Police Department Budget. Mr. Ja‘Norski moved to approve this recommendation. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Still under Old Business, Mayor Gourley pointed ouq that each Council member has a corrected copy of the proposed liquor ordinance. He pointed out several corrections that should be made. Under section 4, Subd. 3, dealing with the fees, the sentence "that the Council may change the fees from time to time by Council Resolution." Mayor Gourley also pointed out that the fee for an On -Sale license has been increased to '04 October 27, 1980 $3,000.00. He felt it was more efficient to do this at the time the ordinance is adopted rather than by special resolution. The section on the 'Combination License' didn't read quite the way it should - this needs to be reworded. Also, the Off -Sale license fee may be adjusted. There was also provisions in the State Law for the adjustment of Club License. The general consensus of the Council was that this should be left as is. Mayor Gourley asked the Council to read this over and make note of any mistakes or corrections they feel should be taken care of. The Clerk is to provide Mr. Locher with a copy of this proposed ordinance. Mayor Gourley reported that he had received a call from Mr. Meister asking the City's position on that firm working with Mr. Glenn Rehbein on Shenandoah II. The firm had done the preliminary work when the plat had been started. There is also a letter from Ulmer Construction requesting this firm be allowed to finish their work on the existing plats. The Council discussed these two letters and the general consensus of the Council was that the firm should be allowed to complete the Rice Creek Water Shed Board work for Ulmer Construction, but that all work should cease on the Shenandoah Plat. Mr. Jaworski so moved. Seconded by Mr. McLean. Motion carried unanimously. Under New Business, he had received a request for a portion of the City to be included in the Cable TV district of White Bear Lake. This letter is from Mr. Mort Huber who lives on Bald Eagle Boulevard. Mayor Gourley read the letter. Mayor Gourley had also received a letter in reference to sludge disposal on the W &G Rehbein property on 20th Avenue North. This is in reference to an application to allow this operation on the property in Lino Lakes. It was generally felt that this City need not make a reply to this letter. It is for the City's information only. Mayor Gourley presented an application for a Bingo Permit from the Lino Lakes Parents Club. This is to be held on November 21, 1980, the application is in order with the exception of the $5.00 fee. Mrs. Elsenpeter moved to approve this Bingo permit. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Jaworski presented a request for Bingo Permit for St. Joe's Church for November 23, 1980 from 1:00 to 5:00 P.M. This had been applied for in August with the exception of the date. This appliction will be presented to the City very shortly. Mr. Jaworski moved to approve this permit. Seconded by Mr. Kulaszewicz. Mr. Jaworski pointed out that the prizes at these games will be food baskets. Motion carried unanimously. Mr. McLean asked to speak on the action of the Council at the October 14, 1980 meeting in dealing with the LeRoux property. Mr. McLean objected to the granting of the variance. He had no' problem with the Special Use Permit for the mining operation, but basing the existence of the pole building on the length of the mining operation - Mr. McLean felt this be extended forever. Mr. McLean will write a Resolution for presenta- tion at the next meeting. Mayor Gourley had received a letter from Mr. Robert Burman noting that the Anoka County Board of Commissioners had reaffirmed the agreement with this City on the use and development of the Chain of Lake Park. Mr. Kulaszewicz moved to adjourn. Seconded by Mr. McLean. Aye. 10:35 P:M. 1 1 1 2U: October 27, 1980 These minutes were considered, corrected, and approved at a regular meeting held on November 24, 1980. A (" Edna L. Sarner Clerk- Treasurer November 5, 1980 The Special Meeting of the Lino Lakes City Council was called to order at 7:30 P.M. by Mayor Gourley on November 5, 1980 with all members present except Mr. Kulaszewicz. This meeting is for the purpose of discussing the offers of settlement from Mr. Nadeau by mail and the litigation filed in conjunction with the Quads. Mr. Locher reported on a letter dated October 30, 1980 from Mr. Parta, Mr. Nadeau's attorney. This letter offers the City $250.00 for expenses incurred. Mr. Locher disagreed with the part of the letter that deals with the Park land being returned to the original owners. There was discussion on the possibility that land had been given in lieu of the money and the City had already started development of that Park - what would happen in that case? The matter of developing this land by selling by metes and bounds - the City has no recourse for obtaining park lands. Mr. Lando) felt that this subject should be presented to the legislature for some action. Mr. McLean felt that this land could be split into 2Z acres, sold and transferred and the City would have no control. It was suggested that perhaps the Council should pass an Ordinance dealing with this type of land split. It was pointed out, that in the process of platting, the City had requested land for park purposes, but Mr. Nadeau had preferred to donate money. It was also noted that this plat has been included in the Comprehensive Plan and designated for a purpose in that document. Mr. McLean moved to authorize Mr. Locher to reject this offer. Seconded by Mr. Jaworski. Motion carried unanimously. There were several suggestions to Mr. Locher to present in this case. Mayor Gourley felt that some figure as to the cost incurred by the City in approving this plat - in the area of the Planner's fees in relationship to the Comprehensive Plan. These fees were discussed with a figure of $3,000.00 as to the estimated costs. The biggest concern of the Council is the future development of this land and how the park fund could be reimbursed. The consensus of the Council was that all the money should be retained - if not possible then the costs incurred by this City, should be reimbursed to the City. Mr. Jaworski felt that Mr. Nadeau should sign a contract with the City stating that he will not develop that land unless he plats according to City ordinances. The meeting was adjourned. Mr. Jaworski moved to do so. Mrs. Elsenpeter seconded. Aye.