HomeMy WebLinkAbout12/08/1980 Council Minutes218
November 24, 1980
rule and complete this agenda. Seconded by Mr. Kulaszewicz. Motion carried
unanimously.
The net item on the agenda was the Attorney's Report. Mr. Locher had some sug-
gested corrections for the proposed Liquor Ordinance. These recommendations were
discussed and noted for inclusion on the corrected copy.
Under Old Business, authorization for Mrs. Sullivan to complete a park plan for
Shenandoah. Mr. McLean asked about the current plans she is working on and Mr.
Schumacher said they have been received. These will be looked at at the next
meeting. Mr. McLean moved to table this consederation until the Dec. 8, 1980 meeting.
Seconded by Mr. Jaworski. Motion carried unanimously.
Mayor Gourley moved to reconsider a Motion made by Mr. McLean, seconded by Mrs.
Elsenpeter and passed at the November 10, 1980 meeting. Information supplied by
the Engineer was erroneous in that Laurene Avenue has not been constructed to
date. Motion to reconsider was seconded by Mr. Jaworski. Motion to reconsider
passed - upon recondidering the Motion to accept the streets in Rohavic Oaks is
recommended by the Engineer, the Motion failed.
Mayor Gourley said the procedure would be to now obtain correct information from the
Engineer for the acceptance of the street in Rohavic Oaks.
The Clerk was asked to make a notation on the original minutes that this motion was
reconsidered and defeated.
Under New Business, Mayor Gourley moved to appoint Mrs. Julie LaBlond to the Park
Board to fill the unexpired term of Mrs. Susan Sears. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Aye.
These minutes were considered, corrected, and approved at a regular meeting held on
January 26, 1981.
r
Edna L. Sarner Clerk- Treasurer
December 8, 1980
The regular meeting of the Lino Lakes City Council was called to order at 7:35 P.M.
by Mayor Gourley on December 8, 1980. Council members present: Elsenpeter, Kulas-
aewicz. Absent: Jaworski, McLean.
On considering the minutes of October 20, 1980, Mayor Gourley corrected these minutes
as follows; page 2, paragraph 4, delete 'ordinance violations' and insert the word
'misdemeanors'. Mr. Kulaszewicz moved to approve as corrected. Seconded by Mrs.
Elsenpeter. Motion carried unanimously.
The minutes of November 5, 1980 was tabled due to a lack of a quorum of members
present at that meeting.
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December 8, 1980
Mrs. Elsenpeter moved to approve the minutes of November 17, 1980 as presented. Se-
conded by Mr. Kulaszewicz. Motion carried unanimously.
Council members had failed to receive a copy of the November 24, 1980 minutes. Mr.
Kulaszewicz moved to table consideration of these minutes until the next meeting.
Seconded by Mrs. Elsenpeter. Motion carried unanimously.
Mayor Gourley noted that the expense checks for the Council and the Civil Defense
Director had been omitted for the disbursement list. Mr. Kulaszewicz moved to approve
the disbursements with the above additions. Seconded by Mrs. Elsenpeter. Motion
carried unanimously.
Under Open Mike, Mr. Morris Carlson had requested time. He spoke on the subject of
a flowing well owned by Mr. Jim Dupre. Mr. Carlson feels this water is draining
onto his property and creating a water problem. He suggested Mr. Dupre install tile
and drain the excess water into a ditch.
Mr. Kluegel had checked this will and had been informed this will had been in opera-
tion approximately nine years and most of the water drains onto Mr. Morks' property.
Mr. Carlson asked if Mr. Dupre had a permit from the City for this well and was told the
City does not require permits of this type. The general consensus of the Council was
that Mr. Carlson should take this matter to the RCWB.
Mr. Al Ross had requested time to speak on the plural names of County Road J. He
felt there should be one name and any change should be taken care of now before any
more development takes place on that street. He suggested using 85th Street since
this is the indicated name at the Freeway exit, and the City Staff should meet with
MNDOT.
His other concern was some sort of control at the exit of Rocky's N. onto Highway 49.
He felt this uncontrolled usage of the exit area has created a dangerous situation.
He also requested that some additional lighting be placed in the area. Mr. Ross
suggested that perhaps the people at the establishment could work with the State
Highway Department for a solution.
Mr. Matzke was not present at this time - discussion of his problem was delayed.
The subject of the ownership of Rocky's N. was the next item on the agenda. Chief
Myhre reported that he had checked out both names given to him and found no problems
with either.
Mr. Charles Langer, Attorney, presented the transfer of shares to Mayor Gourley and
the Council members. Mr. Mark J. Seccombe owns 999 shares of the Corporation and
Mr. Gregory Schlosser owns 1 share, he is the manager and holds the liquor license
is his name. The documentation as to the transfer of the shares was checked by Mr.
Locher who said all things were in order.
Mr. Kulaszewicz moved to approve the transfer of the licenses to Mark Seccombe and
Gregory Schlosser with a $125.00 transfer fee to be paid to the City and the trans-
fer to become effective as of this date. Seconded by Mrs. Elsenpeter. Motion car-
ried unanimously.
The discussion with Mr. LeRoux was delayed for about 30 minutes when Mr. Jaworski was
expected to arrive.
December 8, 1980
The matter of the EAW for El Rehbein & on was considered. This i to be submitted
to the EQB upon acceptance by this City. After some discussion, Mr. Kulaszewicz
moved to accept this EAW and forward to the EQB. Seconded by Mrs. Elsenpeter.
Motion carried unanimously.
The final approvla of Shenandaah II was next on the agenda. Mayor Gourley noted that
Outlot A in this plat is designated as a ponding area. There seems to have been some
misunderstanding as to the use of the outlot. Mayor Gourley said his understand-
ing of this was that Mr. Rehbein would pay the park fee of $4500.00, give the City
a deed to Outlot A but, if Mr. Rehbein needed this outlot for a ponding area, the
City would agree to that usage.
M. Schuamacher reported that all the papers are in order. Mayor Gourley asked if
the City had given Mr. Rehbein a deed for the vacated park land in Shenandoah I and
Mr. Locher said, Yes.
Mr. ,Schumacher asked how to handle the vacated park lands - can the City deed this
to Mr. Rehbein as wwo parcels of land? Mr. Locher said the deed has already filed,
but felt this could be handled by variance.
Mr. Kulaszewicz moved to approve the final plat of Shenandoah II. Seconded by Mrs.
Elsenpeter. Motion carried unanimously.
Mr. Kulaszewicz moved to authorize the Mayor and the Clerk to sign the plat. Seconded
by Mrs. Elsenpeter. Motion carried unanimously.
The next item on the agenda was the consideration of authorizing Mrs. Sullivan to
prepare the development plans for the Park in Shenandoah. Mr. Schumacher presented
the plans prepared by Mrs. Sullivan for Sunrise Park and Country Lakes Park. There
was discussion of the cost - Mr. Schumacher said the two presented here cost approx-
imately $2200.00; who assess the needs of the neighborhood - the Park Board; how
about citizen input - all Park Board meetings are open and anyone is welcome. It was
suggested that a contact person be appointed for the neighborhood and they can notify
the rest of the residents.
Mrs. Elsenpeter moved to approve the completion of the development plans for the
Shenandoah Park by Mrs. Sullivan. Seconded by Mr. Kulaszewicz. Motion carried unan-
imously with the fee to be paid from dedicated park funds.
A recess was called at this point in time. Mr. Jaworski arrived at 8:45 P.M. and the
meeting was reconvened.
The Engineer's report was considered. The first item was a correction on the recom-
mendations for the acceptance of the streets in Rohavic Oaks. Mr. Meister said the
name of the street had been changed on the final plat from Laurene to Rohavic Lane
and this is the street that should have been accepted.
Mayor Gourley requested a letter to that effect be written to the Council before
acceptance of the streets.
The next item was a pre - reasibility report on the request of Mr. Ralph Nathe for
sewer service to the 49 Club. Mr. Meister presented two alternatives - one would
extend a line for the lift station on Laurene and service that entire area and the
second would allow Mr. Nathe to connect to the Shoreview system.
There was discussion on both proposals with the Council deciding to consult the
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December 8, 1980
feasibility report that had been done several years ago on a petition for sewers
along Highway 49. This matter is to be put on the first agenda in January.
The status of the controversy of the disconnected sewer stub on Totem Trail was con-
sidered. Mr. Locher brought the Council up to date on this matter and said he had
contacted Northdale Construction and alerted them to the fact that he will be asking
for a reimbursement to the City of $1390.00
Mayor Gourley felt the City had wasted enough time and money on this matter and
suggested serving a summons on Northdale immediately.
Mr. Kulaszewicz moved to authorize Mr. Locher to file suit against Northdale Construc-
tion for recovery of the cost to the City for repairing this hookup. Seconded by Mr.
Jaworski. Motion carried unanimously.
The next Item was the discussion of the Wet Lands Map as prepared for Anoka County
by the DNR. Mr. Meister said he felt that some of the areas indicated, covered too
much area. He would like the City to incicate any areas they have concerns about and
feel that should be checked. It was generally felt that this map had been prepared
without sufficient data and could create problems for both the City and the land owners.
DNR will meet with the City if they so desire. Mr. Jaworski moved to request addition-
al time (comments are due by the end of January) for review and to request a meeting
with the DNR on this map. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
The proposed RCWB amendments had been reviewed by Mr. Meister and his, recommendations
and comments had been forwarded to the Council.
Mr. Schumacher pointed out that Ramsey County Board had reviewed these proposed changes
and sent their comments onto this Council. The consensus of the Council was that a
letter of support be sent to Mr. Orton on this matter. Mayor Gourley so moved and
added that the assistance of this City be offered. Seconded by Mr.Kulaszewicz. Mo-
tion carried unanimously.
Mr. Locher reported on the matter of the litagation. The judge'a recommendation was
that El Rehbine & Son should file a petition for a special use permit on the Outlots
and that the City should hear this petition and make a decision within the next 60 days.
The recommendation was made on November 25, 1980.
Mr. Schumacher said the application had not been received in time for the December
Planning and Zoning Board meeting and since this matter must be finalized before
January 25, 1980, it is necessary that a special Planning and Zoning Board meeting
be scheduled to hear this special use permit petition.
Mr. Jawordki moved to set a special Planning and Zoning Board meeting on January 7,
1981 at 7:30 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mr. Jaworski moved to authorize Mr. Locher and Mr. Short to attend this meeting.
Seconded by Mrs. Elsenpeter. Motion carried unanimously.
The Clerk is to send notification of persons within 300 feet of these outlots.
The next item was consideration of appointing two members to the Community Development
Block Grant Steering Committee. Mayor Gourley appointed Mr. Harvey Karth and said
he should find another person to work with him.
December 8, 1980
A recess was called at this point in the agenda. The meeting was reconvened with
Mr. LeRoux being considered at this time.
Mayor Gourley said Mr. LeRoux had been asked to appear to clear up what appeared to
be some minunderstanding on the subject of his mining operation. Mayor Gourley
said he was under the impression that the special use permit is for the mining
operation only - his trucks are to be used for that purpose only. Mr. LeRoux agreed
this was his intention. The building used for the storage of the trucks is to be
removed at the conclusion of the mining operation. Mr. LeRoux also agreed to this.
There is also the provision that this special use permit will be reviewed annually.
Consideration of Ordinance No. 78 was next on the agenda. This ordinance estab-
lishes a moratorium on all subdividions by metes and bounds until the Comprehen-
sive Plan had been approved. Mr. Locher had checked this ordinance during the
recess and had made some additions and corrections. Mayor Gourley pointed out the
areas of additions and deletions and read the entire ordinance as revised.
Mr. & Mrs. Pete Nadeau had some questions and comments. Mayor Gourley explained the
reasoning for this ordinance.
Mrs. Elsenpeter moved to adopt this Ordinance. Seconded by Mr. Jaworski. Motion
carried unanimously. This Ordinance to be certified to the County.
On considering the Resolution establishing the Cable Communications Commission, Mr.
Schumacher reported that Mr. McLean felt the appointments to that board should be
done by the Council as a whole, not just the Mayor. Mayor Gourley said this (Item 5)
is in line with the State Statute.
Mrs. Elsenpeter moved to adopt the Resolution establishing the Cable Communications III
Commission and to direct the City Administrator to advertise for residents interested
in serving on this Commission. Their letters should be set to the Council before
December 31, 1980, if possible. Seconded by Mr. Kulaszewicz. Motion carried unan-
imously.
Mayor Gourley appointed Mrs. Elsenpeter as Chairman of this Commission.
The next item on the agenda was a letter of resignation from the Police Clerk /Typist.
Mr. Kulaszewicz moved to accept this resignation with a letter of Thanks and a re-
commendation be written. Seconded by Mr. Jaworski. Motion carried unanimously.
Mr. Kulaszewicz moved to table consideration of Ordinance No. 65B. Seconded by Mr.
Jaworski. Motion carried unanimously.
Mayor Gourley presented a correction of Section X of the Liquor Ordinance No. 77.
He asked that Section X, as now written, be deleted and be replaced. He read the
wording to be inserted in Section X.
Mr. Jaworski moved to approve as presented and orginally intended. Seconded by Mr.
Kulaszewicz. Motion carried unanimously.
Under New Business, Mrs. Elsenpeter moved to authorize the payment of the Attorney
and Planner fees, in relation to the vacation of the East Birch addition, be paid
from Dedicated Park Funds. Seconded by Mr. Jaworski. Motion carried unanimously.
Mr. Schumacher reported that he had received a letter from Blaine on their Compre-
hensive Plan and the point that had been pointed out, was that the reserved capacity
December 8, 1980
in the Blaine Interceptor had not been included in this plan.
Mrs. Elsenpeter moved to authorize the City Administrator to forward this informa-
tion and a request that this be included in the Comprehensive Plan for the City of
Blaine. Seconded by Mr. Jaworski. Motion carried unanmmously.
The minutes of November 5, 1980 can now be considered. Mayor Gourley corrected the
sentences stating that Mr. kulaszewicz was absent; also, the last paragraph; the
Chair declared a consensus of the Council on this matter.
Mr. Jaworski moved to approve the minutes:- as corrected. Seconded by Mrs. Elsenpeter.
Motion carried unanimously.
Mr. Jaworski moved to adjourn at 10:55 P.M. Seconded by Mr. Kulaszewicz. Aye.
These minutes were considered, corrected, and approved at a regular meeting held on
December 22, 1980.
Edna L. Sarner Clerk- Treasurer
December 22, 1980
The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M.,
December 22, 1980, by Mayor Gourley. Council member present ; Elsenpeter, Jaworski,
McLean. Absent ; Kulaszewicz. Mr. Locher was present - Mr. Schumacher was absent.
On consulting the November 24, 1980 minutes, Mr. Jaworski corrected the minutes as
follows; page two, last paragraph, a motion to deny the application - to suspend -
the license should be included; page four, 8th paragraph - made and seconded the motion -
he did not second; page five, last five paragraphs, the motion did not have a second,
and the minutes reads as if the motion to reconsider failed — this motion passed;
the original motion should be shown, with the second and the fact that on reconsideration
that motion failed.
Mayor Gourley, page two, on the financial statement, should be some consideration of
acceptance.
Mr. McLean moved to return these minutes for correction and to be retyped. Seconded
by Mrs. Elsenpeter. Motion carried unanimously.
On considering the December 8, 1980, on page two, in considering the plat of Shenan-
doah 11, Mr. Kulaszewicz made the motions, Mrs. Elsenpeter seconded; on page three,
the word 'decision' should be changed to 'recommendation' in reference to the lit -
agation.
Mr. McLean questioned the Mr. LeRoux decision on page four, was the variance dealt
with? Mayor Gourley said the variance was to allow the building as long as the mining
operation is conducted. Mr. McLean felt the variance was to allow a commercial
operation in an R -1 area.