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