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HomeMy WebLinkAbout01/26/1981 Council MinutesJanuary 19, 1981 Under New Business, Mr. Volk presented pictures and a proposal for the purchase of a Trojan Front End Loader from MNDOT. He gave the specifications of the machine. This is a non - budgeted item. This machine goes up for auction on Saturday, Jan. 24, 1981. The City has the option of purchasing before the auction. The estimated sell- ing price at the auction is $10/12 thousand dollars. Mr. Volk had checked with several equipment dealers and received their estimates for a piece of comparable equipment. The possibility of buying a snow plow and a wing for this unit was out - lined by Mr. Volk, also the areas in which this machine would be useful. Mr. Jaworski said he had looked at this machine and found it to be in excellent con- dition. The 2300 hours represents about one year's use. This machine can be purchased for $6500.00 by this City including the snow blower. Mr. McLean asked if this can be worked into the cash flow and Mr. Schumacher said, Yes, it could be handled. Mr. Jaworski moved to purchase the front end loader with the snow blower from the MNDOT at a cost of $6500.00. Seconded by Mr. Kulasaewicz. Motion carried unanimously. Mayor Gourley asked if there is some general discussion of the interviews with the Engineers held last week. There was some general comments. Mayor Gourley alerted the Council on the moratorium passed last year on the North East corner of the City. This should be renewed, and he asked Mr. Locher for the proper procedure to renew this Ordinance. Mr. Jaworski moved to adjourn. Seconded by Mr. McLean. Aye. 9:45 P.M. These minutes were considered, corrected and approved at a regular meeting held on February 9, 1981. Edna L. Sarner Clerk- Treasurer January 26, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on January 26, 1981 by Mayor Gourley with all members present. Mr. Locher, Mr. Kluegel, and Mr. Schumacher were also present. The correction of the minutes of November 24, 1980 was considered. Mr. McLean moved to approve as presented. Seconded by Mr. Jaworski. Motion carried unanimously. The minutes of January 12/19, 1981 was tabled due to the lenghth and insuffiecient time to read thoroughly. Mr. Jaworski so moved. Seconded by Mr. Kulaszewicz. Motion carried unanimously. On considering the disbursements, there was a question on a check for Mr. Robert Vadnais, for plumbing and well inspector. This covers the time frame of November 1 1 1 January 26, 1981 241 1979 through January 4, 1980. Mrs. Elsenpeter moved to approve the disbursements as presented, holding the check for Mr. Vadnais for clarification. Seconded by Mr. Jaworski. Motion carried unanimously. Under Open Mike, Mrs. ,ielores Feitz and Mrs. Jill Kaminski appeared uefore the Council with a proposal for an alternative animal control. Mrs. Deitz is a member of the Humane Society and objected to methods used at the current facility being contracted. She asked the Council to consider a facility in White Bear run by Mr. Tom Engler. Mrs. Kaminski presented some figures and a copy of the proposed contract to Mayor Gourley. The basic fee is $1300.00 per month which would be divided among as many communities as are under contract. This is for a five day week, 8 hours per day. (Phone 426- 4013). Mayor Gourley suggested that Mr. Locher compare the two contracts. Mr. McLean suggested having this operator before the Council for information on his operation. Mayor Gourley thanked the ladies for their time and information. The Planning and Zoning Report of January 21, 1981 was considered. The first item on the agenda was a rezoning request by Mr. Roger Acton. This request is to rezone two parcels of land just North of Cedar Street and West of 135E. The purpose of the re- zoning is to allow for the installation of bill boards on that property. Due to a State Law, lands must either be LI or Commercioi or permits for the bill boards will not be issued by the State. Mr. Short had reviewed this rezoning request and had._recommended that a planned use of the land to include ingress and egress be presented before rezoning Is considered. Mr. Schumacher had talked with MNDOT and had been told that if lands are rezoned for the sole purpose of allowing signs to be installed, the State will not issue the per - mits. Mr. McLean pointed out that there are highway signs directly across the freeway, Also, there is no direct access to this property. He felt that a plan for the use of this land should be presented before any rezoning is considered. Mr. McLean said he agreed with Mr. Short's letter... Mr. Schumacher reported that the Planning and Zoning Board had recommended that this rezone application be considered. Mr. McLean moved that the application for the rezone be denied for lack of sufficient information. Mr. Acton to present a design for the use of the land. Seconded by Mr. Jaworski. Motion carried unanimously. The request of Brian Barrot for the purpose of moving in a home on property located on Birch Street. The parcel of land contains 21 acres. Mr. Schumacher reported that the Planning and Zoning Board had recommended this variance to Ord. #78 be granted and a permit be issued for the moving in of the home, with money in leiu 0+ land for Park purposed, insulation to be installed to bring the R factor to 38 and repairs on the outside of the building to be completed per the Building Inspector. Mr. Schumacher pointed out that Ord. #78 prohibits the splitting of lands by metes and bounds but does allow for a variance. Mr. Kluegel presented pictures of the home and reported that the electrical and plumb- ing had been upgraded in May 1978 - the outside of the home does need some work. 242 January 26, 1981 There was discussion on the proposed road easement on one side of the proposed parcel of land. It was pointed out that in order to ensure proper setbacks, if and when a street is installed, Mr. Barrot will beed a 30' setback on the side yard. Mr. McLean was concerned that this split is just the first of a string of single lot splits on this land. He suggested that something that says this is the only split that will be allowed on this parcel - the remaining lands will have to be platted before any future building permits will be allowed. Mr. McLean moved to approve the variance for land of less than 22 acres with the net frontage of 175', owner must set home 30' from the West side lot line, Variance to Ord. #78 with a notation that no further lot splits will be allowed from this parcel until the land is platted. Seconded by Mrs. Elsenpeter. Mrs. Elsenpeter amended the motion to add 'money in lieu of land for park purposes, Mr. McLean accepted the amendment. Motion carried unanimously. Mrs. Elsenpeter moved to approve the permit for the moving in of the house from Mound Trail to 795 Birch Street with the stipulations that insulation be installed to R38 and that repairs to the outside of the home be done per the Building Inspector. Se- conded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Henry Suchy had applied for a kennel license for the purpose of keeping three dogs. Mr. Schumacher reported that the Planning and Zoning Board had recommended approval of this license with the stipulation that there will only be three dogs at that loca- tion with an amendment that Mr. Suchy be required to license the dogs. The provisions of the ordinances requiring any one with three dogs or more to ob- tain a kennel license was discussed as what the provisions of the ordinance regu- lating kennel license. Mr. Pete Nadeau, from the audience, felt that the Planning and Zoning Board had made up their minds before people were allowed to speak and he said he did not feel that the Planning and Zoning Board's recommendation should be considered by this Council. He said the dogs bark all the time, particularly if someone in the neighborhood is outside their home. Mr. Suchy said he had two small house dogs and one large watch dog that is chained outside. He said he bought the large dog after he had been robbed. There was several persons who spoke from the audience on the nuisance they felt these dogs are creating. Both parties accused the other of allowing their dogs to run loose. Mr. Kulaszewicz pointed out this same situation has been before the Council on other occasions and this Council always hears that no dogs are running loose, but at each hearing both parties say the dogs are running loose. Mrs. Elsenpeter felt that this matter should be handled by the Police Department and the Animal Control and the only thing this Council should be considering is the application for the keeping of three dogs and she moved to allow Mr. Suchy to keep three dogs. Mayor Gourley asked for a second to the motion three times and the motion died for lack of a second. Mr. McLean moved to deny the request for a kennel license noting there is no state- ment of need for three dogs, no indication of this being a kennel facility - this is an application to keep an extra dog. Seconded by Mr. Kulaszewicz. 1 1 1 January 26, 1981 Mrs. Elsenpeter felt that the ordinances do not apply to this situation in that Mr. Suchy is not planning on operating a 'Kennel' per se. She considered this the same situation as a person Who keep two dogs and one cat. The motion carried with Mrs. Elsenpeter voting, No. The next item on the Planning and Zoning agenda was a request for a variance for sale of property by Mr. Larry Crouse. Mr. Schumacher presented a map outlining the pro- posed parcels of land. One parcel is five acres and one parcel is 22 acres, neither parcel has frontage on a street'. The land is being purchased by existing property owners who wish to add this to their existing property - both property owners have five acres at the present time. The Planning and Zoning Board had recommended approval of this request with the stipulation that no money or land be required for Park pur- poses. These splits'are not for the purpose of establishing new lots - just adding to existing properties. These lots are unbuildable in that there is no frontage on any street. Mr. Jaworski moved to approve the variances for the transfer of a parcel of five acres and a parcel of 22 acres. Seconded by Mr. Kulaszewicz. Mayor Gourley amended the motion that the lands not be subject to park dedication. (It was noted that the fee had not been marked - Paid. No variances will be issued until it is determined that the fee had been paid). The amendment was accepted. Motion carried unanimously. A recess was called at this point in the meeting. The next item on the Planning and Zoning Report was a request for a Special Use Permit by Mr. Ken Klosowski to park a dump truck, a tag trailer and a front end loader on his property located on Wood Duck Trail. Mr. Schumacher reported that the Planning and Zoning had moved to recommend approval of this Special Use Permit with several stip- ulations but the motion failed on a 4 to 1 vote. There was discussion of the fact that this home is being used as a business. Mr. McLean asked Ms. Klosowski if this was the case and she refused to answer. Mrs. Elsenpeter pointed out that two such permits have been denied in the past year - 1) a welding shop in a residential garage; 2) parking of a semi - tractor in an R -1 area. Ms. Klosowski asked for a special use permit with a time limit of at least two years to give her client time to dispose of his property. Mr. Schumacher pointed out that the Planning and Zoning Board had felt that according to the Ordinance, this type of equipment should be stored in an Industrial area. Mayor Gourley pointed out that the Ordinance restricting this use had been passed in 1971 - long before Mr. Klosowski moved into the area. Mr. Klosowski said he had almost 3 acres. He said he had called City Hall and had talked to Mr. Kluegel - he had asked about the Ordinances and had been told there was an ordinance restricting the parking of his heavey equipment in a residential area but he could get a special use permit and he had bought the land on that assumption. Mr. Pat Joyce, pointed out there are several businesses in his area - why are some allowed and others denied? Who decides who gets a special use permit and who doesn't? And Why? 4 January 26, 1981 Mayor Gourley said there are basic criteria in the ordinances that must be met in order to be issued a special use permit for a home occupation. These rules and regulations must be adhered to before a special use permit will be issued. Mr. Jaworski moved to deny the special use application of Mr. Klosowski and that he be allowed sufficient time to find another place for storage of equipment - the equipment to be removed by May 1, 1981. Seconded by Mrs. Elsenpeter. Mr. McLean asked Mr. Jaworski for his reasoning for the May 1st deadline, and. Mr. Jaworski's denial. Mr. Jaworski said this is a non - conforming use of the land, the heavy equipment could cause damage to a residential street and the equipment should be out before the weight restriction are posted in the Spring. Mr. Jaworski felt that if this isn't sufficient time, Mr. Klosowski could return to the Council for an extension. Mr. Kulaszewicz amended the motion to state "if Mr. Klosowski indicates that he has found a place to relocate but needs more time, he can come before the Council at any time. Mr. Jaworski accepted the amendment. Motion carried unanimously. Mr. Schumacher presented the Special Use Permit application of Theresa Krysinski for a used car lot located on Lake Drive just South of Lino Park. All necessary infor- mation had been submitted except drainage approval of RCWB. That agency had indicat- ed this week that no permit was required from them. Mr. McLean asked about the parking area and Mr. Schumacher indicated a hand drawn sketch noting that it is not to scale. 1 1 Mrs. Elsenpeter said her concern is persons stopping on the highway - parking on the shoulder of the road - could they encourage people to pull into the customer parking area? Mr. Flannagan said that a "parking" sign would be put up. Mr. Kulaszewicz asked if all the requirements have been met and Mr. Schumacher said, Yes. He noted that the Planning and Zoning had recommended approval of this special use permit with the stipulation that screening be provided for the Lino Park side and that no more than.15 cars be there at any one time. There was discussion that perhaps, the screening should be provided from the Park side since the fence is so near the line on the North side. Mr. Kulaszewicz moved to approve the Speical Use Permit for a used car lot for Mrs. Krysinski. Seconded by Mr. McLean with the amendment that a dust free surface on the 2 display parking area be provided, on the customer parking area and the access to the dispaly area. The side to be limited to 15 cars, with the surfaces to be installed by Juse 30, 1981. Mr. McLean felt the screening should be done from the Park side. Mrs. Elsenpeter seconded the amendment. The amendment and the motion were voted as one and passed unanimously. Mr. Jaworski requested the times of aduournment be noted on the minutes of both the Council meetings and the Planning and Zoning Board meetings. The Clerk said the Planning and Zoning does not note the time of adjournment on the tapes - the Council III meetings she will note the time. The request for street lighting in the Sunset Oaks plat was discussed. Mr. Jaworski asked if this installation was in Mr. Volk's long range plans? Mr. Schumacher felt this had been delayed until Spring because of the extra costs of winter installation. 1 1 1 24 January 26, 1981 Mr. Jaworski moved to table this request for more information. Seconded by Mr. Kulaszewicz. Motion carried unanimously. There was a recess at this point in the meeting. Mr. Schumacher went through the financial report for the month of December. He re- minded the Council this is an unaudited report indicating a figure of $18,652.00 as the end of the year balance. Several items under both expenditures and disburse- ments were discussed. The Towing Contract for the Police Department was presented by Chief Myhre. Two had been received - Auto Medics and Gene's Towing. They are very close in costs and Chief Myhre recommended Auto Medics. There was discussion on the various charges and questions that Chief Myhre answered. Mr. Kulaszewicz moved to accept the towing contract as proposed by Auto Medics. Se- conded by Mr. Jaworski, Motion carried unanimously. Mr. Schumacher presented a summary sheet on the four Engineering proposals that was submitted. He read his memo to the Council on the need for an Engineering firm qualified in the many areas of concerns of this City. Mr. Schumacher went through his analysis of the four firms and explained his reasons for his recommendation of 0.S.M. Mrs. Elsenpeter moved to accept the recommendation of Mr. Schumacher and contract 0.S.M. as the City's Consulting Engineer. Seconded by Mayor Gourley . Mr. Jaworski said one important factor that had been left off of the analysis sheet in relationship to Milner Carley was the 20+ years of experience in this City. Mr. Schumacher pointed out this was reflected in the ratings that he had done. Mr. McLean asked if this evaluation had been done on an individual and Mr. Schumacher said, Yes, this would be the person representing the City. Mr. Kulaszewicz asked if Mr. Schumacher had compared the rates for each firm. Mr. Schumacher said, Yes, Milner Carley is the lowest, but he felt the Council must con- sider the City Representative in order to compare on an equal basis. Mr. Kulaszewicz felt that Milner Carley could compete with any of the other firms. Mr. Schumacher pointed out this City is going to have a major decision to make, dealing with major agencies, Milner Carley hasn't had the experience, they do not have the expertise of the larger firms. They have done an excellent job for the City, but pre- ssures for multi - family home, industrial growth, etc., the Council will be making a decision on these major issues and should have the best representation possible. Mr. Schumacher pointed out that he was not critizing Milner Carley, he was thinking of the future of this City - just who can do the best job for the City - not who is the best firm of the worst. Mrs. Elsenpeter said she did a similar chart at home - she felt that all the firms were competent - felt the City has reached a point where a change is needed - Engineer- ing can be done by any one, what this City is hiring is a City Representative. In no way was this down grading the engineering abilities of Milner Carley. ?46 January 26, 1981 Mr. McLean asked if Milner Carley had been approached on the problems that have been created by the inexperience of our City Representative, and Mayor Gourley said he had met with Mr. Carley, not specifically on this subject, but had finally come to the conclusion there would be no change in the service. 1 The roll call vote on Mrs. Elsenpeter's motion was: Mr. Jaworski - No; Mr. Kulaszewicz - No; Mr. McLean - No; Mrs. Elsenpeter - Yes; Mayor Gourley - Yes. Motion failed. Mr. Jaworski moved to accept Milner Carley on a non - exclusive basis for the year 1981. Seconded by Mr. Kulaszewicz. Mrs. Elsenpeter asked who will make the decision as to whom the assignments will be given - the general consensus of the Council was this would be a Council decision. On a roll call vote on the motion; Mr. Kulaszewicz - Yes; Mr. Jaworski - yes; Mr. McLean - Yes; Mrs. Elsenpeter - No; Mayor Gourley - Yes. Motion carried. Mr. Locher had researched the $5,000.00 surplus in the CI Fund for the legality of using this money for the purchase of the front end loader and reported, that according to his finding this is a permitted expenditure of those funds. Mr. Schumacher asked Mr. Locher to prepare the necessary Resolution for Council con- sideration for the next meeting. Mr. Locher reported on the special assessment rolls - Interest should have been added from September 8, 1980 through December 31, 1980. Mr. Locher had been to the County and had tried to get this on the 1980 rolls for collection in 1981 but the County would not allow this. The supplementary assessment must have a hear- ing with a ten day written notice. 1 There was discussion on the lots that have gone forfeit and what could be done about the special assessments on those lots. Mr. Schumacher said DNR and RCWB were very cooperative on the development of those Tots but the Corps of Engineer would not give any indication of approval, so Mr. Peterson had decided not to redeem them. The interest for the 3 months and 22 days will be added to 1981 assessment rolls for col- lection in 1982. Mr. Jaworski moved to set a public hearing on this matter for March 9, 1981 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley moved to table consideration of adjusting non - classified employees sal- aries. Seconded by Mr. Jaworski. Motion carried unanimously. Mayor Gourley moved to table consideration of a street name change - FWD Court to Oakwood Drive. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jaworski moved to cancel) the meeting for the consideration of sewers on Hodgson Road scheduled for February 11, 1981 due to a conflict with a Public Hearing on the Community Development Block Grant applications. The meeting for consideration of the Hodgson Road sewers be rescheduled for February 25, 1981 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. There was a copy of a Resolution in conjunction with the submission of the Comprehen- sive Plan to the Metropolitan Council for their review. Mayor Gourley asked for 1 1 January 26, 1981 247 approval of the Resolution. Mr. Jaworski moved to adopt the Resolution as presented. Seconded by Mr. McLean. Motion carried unanimously. Under New Business, Mayor Gourley said he would set up the Ways and Means Committee meeting. The matter of the $600.00 request from Mr. Benjy Munson, of the Lexington Fire Dept. was discussed. This is the Lino Lakes share of the costs for Mr. Munson to attend an arson school in Maryland. If this money is not paid at this time, it was gen- erally felt that this cost would be built into the overall fire coverage contract with Lexington. Mr. McLean moved to deny this expenditure at this time. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mayor Gourley moved to accept Mr. Jerry Heath's resignation from the Planning and Zoning Board and a letter of thanks and appreciation be forwarded to Mr. Heath. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley moved to authorize Mr. Locher to prepare the defense for the last suit filed by the Home Owner's Association in conjunction with the proposed quad develop- ment. Seconded by Mr. McLean. Motion carried unanimously. Mr. Jaworski moved to adjourn at 11:45 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected and approved at,a regular meeting held on February 9, 1981. Edna L. Sarner Clerk- Treasurer February 9, 1981 The regular meeting of the Oino Lakes City Council was called to order at 7:30 P.M. by Mayor Gourley . Members present; Elsenpeter, Jaworski, McLean. Absent; Kulaszewicz. Mr. Locher, Mr. Schumacher were wlso present. On considering the minutes of January 12/19,1981, Mayor Gourley said he had called the Clerk wihh some additions to the January 12, 1981 portion of the minutes byt would go through them at this time for the record. Page 1, 10th paragraph, 1st sen- tence, after the word 'the' insert 'finding of facts in conjunction with'; in para- graph 11, add #8 to the format "adjourn the hearing "; 12th paragraph, last sentence, delete 'the questions' and insert 'additional testimony'; page 2, paragraph 5, add the sentence, 'In July 1980 all Special Use Permits and Rezoning were reviewed'; 1st sentence, page 3, aftertthe word "Plan" insert 'chapter of the Comprehensive Plan' at the end of sentence add, 'with land use plan' at the end of the paragraph, add, 'and Lakes Add. #7 is consistent with the goals and policies of the Comprehensive Plane; at the end of paragraph 4, add, 'this would produce an enviornment consis- tent with the neighborhood'; page 5, insert sentence, 'Mr. Schumacher read letters from the Centerville Fire Department, School Dist. #12, County Highway Department and MNDOT, indicating these agencies have no major concerns with this development.'