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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. 1 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 1 1 1 221 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.