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HomeMy WebLinkAbout04/13/1981 Council MinutesSpecial Council Meeting April 6, 1981 Mrs. Elsenpeter suggested that a third consideration be added - the discussion of a joint fire department with Centerville. The general consensus of the Council was to work on the first two at the present time. Mayor Gourley felt that when the study on the first two items is com- pleted, then the third consideration should be given some thought. Mr. Macdonald, Fire Marshall, felt that the City's ordinances are very inadequate and there should be some updating on those ordinances. Mr. Schumacher said there is money in the bidget for codification of the City's ordinances and he felt that during this process, there would be some recommendations in this area. BINGO PERMIT - ST. JOSEPH CATHOLIC CHURCH Mr. Jaworski moved ti issue Bimgo permits to St. Joseph Catholic Church for the dates of April 12, 1981, August 9, 1981 and November 22, 1981, the fee to be $15.00 and to waive the bond requirement. Seconded by Mr. Kulaszewicz. Motion carried unanimously. FIRE CONTRACT - CENTERVILLE There was some discussion of the wording of the Fire Contract with the City of Centerville and Mr. Schumacher noted some changes and additions that had been made. Mayor Gourley said this will be retyped and will be on the April 13, 1981 agenda for consideration. Mr. Jaworski moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered and approved at a regular meeting held on April 13, 1981. Edna L. Sarner, Clerk- Treasurer April 13, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:41 P.M., April 13, 1981, by Mayor Gourley. Council members pre- sent; Jaworski, Elsenpeter, Absent; Kulaszewicz, McLean. Mr. Jaworski moved to approve the minutes of March 23, 1981 as pre- sented. Seconded by Mrs. Elsenpeter, Motion carried unanimously. Mrs. Elsenpeter moved to approve the minutes of the Special Meeting held on April 6, 1981 as presented. Seconded by Mr. Jaworski. Motion carried unanimously. On considering the disbursements, there were some questions which were answered for the Council. Mrs. Elsenpeter moved to approve the dis- bursements. Seconded by Mr. Jaworski. Motion carried unanimously. April 13, 1981 OPEN MIKE Mr. Bill Molin appeared before the Council with the request to replace the proposed landscaping requested by the Council with a security fence. This is to be a chain link fence laced with plastic strips. Mr. Molin said ti would be installed inside the existing trees and at a later date they may wish to install a security arm of barb wire. He was reminded he would need a special use permit for the installa- tion of the security arm. This had been discussed with Mr. Short for his concurrence with this idea. Mr. McLean arrived at 8:00 P.M. After some discussion, the general consensus of the Council was there was no objections to the installation of this 6 foot fence without the security are. Mayor Gourley requested that a drawing be made of just where the fence will be installed and asked that this matter be put on the April 27, 1981 agenda. Mrs. Phyllis Blaylock asked to speak and requested that the Council speak into the mikes so the audience could understand what was being saind. She also requested that when the Council took a break for coffee that the audience be offered coffee also. Mayor Gourley said the coffee is just around the corner - anyone can help themselves and he requested the Council members to pull the mikes closer. MRS. OSTLIE asked that there be more copies of the minutes and the agendas. The Clerk explained that she makes 20 copies - some meetings that are both minutes and agendas not used - this meeting there are quite a few people present, so there isn't enough for everyone. There is no way to estimate the number needed. PUBLIC HEARING - LINO INDUSTRIAL PARK REZONING This hearing was called to order at 8:15 P.M. Mayor Gourley set the format for the conduction of this hearing. Mr. Schumacher presented the application, the publication, the map of the area, the comments of the Planner, MnDOT, RCWB, the Attorney and the actions of the Planning and Zoning Board. There were no objections to this rezoning form any of the above listed agencies. Mr. Schumacher pointed out that a number of Mr. Short's comments dealt with the platting of this land - not the rezoning, therefore these items will be considered at the time of platting. Mr. Schumacher read the letter from MnDOT, noting that there was a question as to the EQB interest in this project. EQB had written they do not review industrial lands containing less that 320 acres. Mr. Meister said there is no problems of rezoning the lands from an engineering standpoint. He noted that the run off is controlled by the requirements of the RCWB. Mayor Gourley asked if there were any comments from the developer and there were none. Mayor Gourley asked if there was anyone present who wished to speak April 13, 1981 n,--' either pro or con on this rezoning and Mrs. Blaylock requested further explanation on the storm water amangement. Mr. Meister explained the Imethods that required by RCWB. Mr. Ostlie askedthat this area be pointed out on the map. Mayor Gourley noted that this is North of I35W and West of Highway #8. It was also point- ed out that the lots bordering Lilac have already been rezoned to LI and this is the remainder of that parcel of land. Mr. McLean moved to approve the rezoning to LI the lands in the Lino Industria Park. SEconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. McLean moved to close the hearing at 8:30 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. Recess. Metting reconvened at 8:45 P.M. SPECIAL USE PERMIT - VARIANCE - ROBERT DuFOUR Mayor Gourley noted that Mr. DuFour was at the March 9, 1981 meeting and had been given a temporary permit for the parking of a trailer subject to a building permit being issued before the next meeting, County Health Depart- ment approval of the sanitary facilities and that the time for the permit begin on March 10. Mr. DuFour was also at the March 23, 1981 meeting and had not yet obtained a building permit. The variance request had been tabled at that meeting. Mayor Gourley asked Mr. Kluegel to report on the actions up to this date. Mr. Kluegel noted that a building permit was a part of this procedure and no permit has been issued to this date. Mayor Gourley asked if he had received plans and Mr. Kluegel said Mrs. DuFour had brought in plans this afternoon and when the cost of the permit had been discussed, she took the plans and left. There is also a matter of the installation of a well at this location without a permit. Mayor Gourley asked Mr. DuFour why he had not complied with the requests of the Council to obtain a building permit and Mr. DuFour said he had complied and he had taken out a building permit for this house in another area for $186.00 - a $1000.00 for a building permit in this City is excessive - did not know how this City could justify this when it only cost $186.00 in another county. Mayor Gourley asked if there were any questions from the Council and Mr. Jaworski asked for the floor but was interruped by Mr. DuFour who claimed that someone from the City had been sitting in front of his house spying on his family. Mayor Gourley told him that if he has a security problem he should discuss this with the Police Department. The question before the Council is the matter of his building permit. Mayor Gourley asked if he had any further comment on the matter of the building permit and Mr. DuFour said he felt the fee from this City is illogical and he may just alter his plans and remodel his house across the street. Mr. DuFour said the City had evicted the renters at 855 Birch and he had been storing the former tenants property for 2 months and causing him delays in his building program. He gave Mayor Gourley a bill for two months storage charges. The general consensus of the Council was that they had no idea of what he was talking about. Mayor Gourley asked if Mr. DuFour was planning on getting a building permit and Mr. DuFour did not give a clear answer. 4 April 13, 1981 Mr. Jaworski said he was unaware that Mr. DuFour owned other property in the City he thought this was a hardship case. Mr. DuFour pointed out that be does not own land, just the materials in the house. Mr. Jaworski asked Mr. Locher what the procedure for the Council was at this point and Mr. Locher said this is a violation of the City Ordinance and the City may file both criminal and civil action against Mr. DuFour. Mr. DuFour said he believed this is in violation of his bo estead rights, Mayor Gourely said this would be noted in the minutes. Mayor Gourley moved that the Attorney be authorized to proceed with both actions against Mr. DuFour. Seconded by Mr. McLean. Mr. DuFour asked what this Council planned on doing with the personal property in the house he owns. Mayor Gourley suggested he take this up with the Police Department. Mr. DuFour insisted that the City was responsible. On calling for the question, the motion carried unanimously. Mr. McLean asked if the Council has any responsibility in this mater and Mr. Locher said he had no knowledge of any action to force eviction on the people who were renting the property. Mayor Gourley said he had no knowledge of this either. Mr. Kluegel offered to explain the situation with the assistance of Mr. Tim Ross, Police Officer. Mr. Ross said he instigated the initial action due to domestic abuse. He advised the Building Inspector of the condition of the house. Mr. Kluegel then reported that he had contacted Mr. Jon Christenson of the Anoka County Health Department and together they had inspected the house. There are no sanitary facilities and the house was not fit for habitation. Mr. Ross said he had contacted Mrs. Baker and she had told him that her husband, who was still living there, would take care of the personal property. The general consensus of the Council was that this matter should be taken care of by either the owners of the personal property or the owner of the home at the time the Baker's were living there. Mayor Gourley moved to table the request for a variance. Seconded by Mr. Jaworsko. Motion carried unanimously. CENTERVILLE FIRE CONTRACT Mr. Schumacher reported on the changes that had been made in the contract per their request; 1) any time during the term of the contract, the City of Lino Lakes may reduce the designated fire service area, at its own discretion, to be effective on the anniversary of the contract. Mayor Gourley asked about increasing the service area and this would then have to be renegotiated. 2) paragraph 3 8 4, dealing with liability insurance, this had been researched by both Mr. Locher and Mr. Schumacher. There does not seem to be a problem in the area of insurance. 13) the ex- April 13, 1981 285 penditures of over $5000.00 per year must be approved by a committee; 14) no charges other than those specified in this contract may be levied to the residents of the City. Mayor Gourley said the only additional requirement would be to request that Centerville provide the City with a certificate of insurance each year. Mr. Jaworski moved to approve this contract with that provision, and to authorize Mayor Gourley to sign the contract. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley said the second item that must be done is to appoint two persons to serve on the joint committee. Mayor Gourley had contacted Mr. Bruce Macdonald and teh Centerville Fire Department andthey felt they could work with Mr. Macdonald and himself. Mayor Gourley moved that the Mayor and Fire Marshall serve on this joint committee. Seconded by Mr. Jaworski. Motion carried unanimously. ENGINEER'S REPORT 1) Developmental Charges - Mr. Meister said the cahrges are based on a bourly rate for all inspections in connection with platting. Mayor Gourley asked if he had a copy of the Forest Glen billing and Mr. Meister said he had one copy. Forest Glen - total to date $648.00. Mr. Menkevle had reported the add- itional charges would be approximately $6000.00. Mr. Meister said they were under the impression that Mr. Menkveld was looking for financing and a standard rate had been used. Mr. Menkveld said he had been billed by the City ofr over $900.00 and it was expalined this could have included Attorney and Planner charges as well as engineering costs. Mr. Meister had met with Mr. Menkveld and felt this matter has been fairly well straightened out. Mr. Schumacher said he had discussed the matter of billing with Mr. Meister and the charges will be broken out so that it will be understood. 2) Infiltration of sewer system in Shenandoah. Mr. Volk was not present so this was tabled. 3) Standard Specifications There had been some changes on the size of the lettering. Mr. Meister explained these changes. The type of letter- ing was discussed. Mr. Meister said the Company would recognize any type of lettering with the exception of the final plan, which should be done in LeRoy lettering. Mr. MCLean moved to approve the changes. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Volk is ill and will not be present to discuss the infiltration of the sewer system. This matter will be put on the agenda of the first meeting in May. 3) Consideration of gas extension of gas service on Black Duck, Lantern Lane, Orange Street and Wollan's Estates. Mr. Meister had written a letter on Black Duck and Lantern Lane. The remaining two he had just received at this meeting. He did not see any problems with either one. Mrs. Elsenpeter moved to approve the gas extensions on these four streets with the stipulation that the Engineer's recommendations be followed. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley asked April 13, 1981 ?86 Mr. Meister to writa a, letter of_spproya1 on Orange Street and Wollan's Estates for the files and Mr. Meister said he would. 4) Consideration of a Feasibility Report on Sewer Exten sion on #49. Mayor Gourley asked if there is a need to hold a hearing on this matter and Mr. Locher said since this is 100% petitioned, there is no need for a hearing. Mayor Gourley asked how the City could be sure this will be paid. Mr. Locher felt that the amount of construction costs as estimated by the Enigneer should be put in an escrow account before the project starts. Mr. Locher also has drawn up agreements for the property owners to sign. Mr. Meister presented two proposals for the installation of this sewer 1) along Highway #49 and 2) one along the rear lot lines of the affected properties. Mr. Meister presented cost figure estimates for both proposals. 1 There was discussion on the SAC, Shoreview's costs, the difference in the two proposals, the agreements that will need to be worked out, and the effect of this installation on a future City system in that area. Mayor Gourley said there are three things that must be done; 1) accept the report; 2) ask Mr. Schumacher to negotiate these costs with Shoreview; 3) arrange a meeting with the property owners. Meantime, the Council will have to decide which proposal to recommend for installation. Mrs. Elsenpeter moved to accept the Engineer's feasibility report, direct the Administrator to contact Shoreview for negotiation of their costs, to include a joint powers agreement with Shoreview, and that a meeting with the property owners be arranged with teh Enigneer, with a meeting to be set with the Council at a later date. Seconded by Mr. Jaworski. Motion carried unanimously. WELLS ON COMMON LOT LINES Mr. Schumacher reported that this request had been presented by a person who is constructing a duplex and wants to install one well on a common lot line with an escrow account to be set up for the repair and maintenance of the well. This had been put on the agenda for some sort of a temporary policy from the Council. Mr. Schumacher asked for the Engineer's and Attorney's opinion on this matter. Mr. Meister felt there would be problems with this type of setup. He flet that in the area of utilities, there should be separate services. Mr. Jaworski felt that with one well serving two units. if something happened to that well, both units would be without water. Mr. Locher felt this creates many problems and he would advise against this matter. The general consensus of the Council was this would not be allowed. PLANS AND SPECIFICATIONS FOR ORANGE STREET Mr. Meister presented a drawing for the extension of this street. This street dead ends at Nordin Street on teh West and Nordin Street is the East boundary street for Pine Oaks. Mr. Zaudtke is asking to construct Orange Street to Nordin and provide a "T" turnaround. Mr. Meister suggested April 13, 1981 287 that Mr. Zadutke provide one -half of the length of the street in a full street width. Mr. Meister said there is also a common ditch for the two plats. Mr. Zadutke is proposing to size this ditch to serve his development only. Mr. Jaworski moved to approve the recommendations of the Engineer which indicates that the 'T' should be constructed as a full width street for one -half the length of the street. Seconded by Mrs. Elsenpeter. The developer said they had changed the plans to reflect this. They have had extensive talks with the developers of the other plat and they are not able to get involved in the construction at this time. The share of costs on the ditch should be on a 70/30 basis and the street on a 50/50 basis. Mayor Gourley said he understood Mr. Jaworski's motion dealt with the 'T' only and that is approximately 165'. The motion carried unanimously. Mayor Gourley felt the general consensus of the Council was that this ditch sould be constructed to serve his development only and that when Pine Oaks is developed, the ditch would then need to be designed to handle the runoff from that development. Mr. McLean moved to approve the construction of the ditch to handle the runoff from Mr. Zadutke's development only. Seconded by Mr. Jaworski. Motion carried unanimously. There was a recess at this point in the meeting. The meeting was re- convened at 10:35 P.M. RESOLUTION 81 -6. This Resolution accepts the petition for the trunk sewer from 77th Street North to Main Street. Mrs. Elsenpeter moved to approve this Resolution. Seconded by Mr. McLean. Motion carried unanimously. RESOLUTION 81 -7. This Resolution asks for the redistricting of Anoka County to seven Commissioner Districts. Mr. Jaworski moved to adopt this Resolution. Seconded by Mr. McLean. Motion carried unanimously. 3.2% BEER PERMIT - ANOKA COUNTY PARK DEPARTMENT. Tis is for the on -sale of 3.2% beer only at the Club House at 7041 West Shadow Lake Drive. (This is at the Golf Course) Mr. Locher is out of the room and discussion was tabled. FORFEIT PROPERTY. There is one piece at the intersection of Sunrise and North Road - Lot 12, Block 8, Lexington Park Lakeview and Outlot A, just off West Rondeau Lake Road. The Clekr is to notify the County that the City wishes to acquire these parcels. Mr. Jaworski moved to approve this acquisition. Seconded by Mr. McLean. Motion carried unanimously. April 13, 1981 q ^8 BEER PERMIT Mr. Locher said this needs to be approved by the Police Department. Mr. Jaworski moved to approve the issuance of a 3.2% Beer Permit for On -Sale only to the Anoka County Park Department for use at the Golf Course Clubhouse at 7041 West Shadow Lake Drive. Seconded by Mr. McLean. Motion carried unanimously. FINAL CENSUS FIGURES. The Clerk reported that the final census count had been received from the Federal Government and Lino Lakes has a population figure as of last April of 4966. Mayor Gourley felt this indicated that money should be put in 1982's budget for a special census. The Clerk reported that 120 building permits for new homes have been issued since that date. ATTORNEY's REPORT. The Ordinance for the rezoning of the Light Industrial lands for Mr. Glenn Rehbein had been given to the Circulating Pines reporter for publication and the original to the Clerk for filing. SCHUENEMANN's CORNERS Mr. Locher said he had been notified that the corrections have been made on the final plat. The Clerk reported that Mr. Schuenemann had called about having 'utility' or'drainage' easements noted on the plat - which should it be? Mr. Locher said it could be either or both. Mayor Gourley felt it should be both and Mr. Locher agreed this would be the best. Mr. Schumacher asked why 'right -of -way' easements are not allowed on plats and Mr. Locher said this is the policy of the County Surveyor according to the interpretation of the County Attorney. CAPITAL IMPROVEMENT PROGRAM. Mayor Gourley moved to table the Capital Improvement Program discussion until the 1st meeting in May. Seconded by Mr. Jaworski. Motion carried unanimously. OLD BUSINESS. NONE NEW BUSINESS Mrs. Elsenpeter requested that a Vice - Chairman of the Cable Board Advisory Commission be appointed. Mayor Gourley appionted Mr. Herb Johnson to fill that position.. Mr. Jaworski moved to adjourn. Seconded by Mr. McLean. Aye. 10:45 P.M. These minutes were considered, corrected and approved at a regular meeting held on April 27, 1981. . Sarner, Clerk- Treasurer 1