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HomeMy WebLinkAbout03/25/1975 Council Minutes130 March 25, 1975 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on March 25, 1975 by Mayor Bohjanen. Councilmen present: Jaworski, Marier, McLean. Absent: Zelinka. Mr. Locher will arrive later. This is a rescheduled meeting postponed from March 24, 1975 due to inclement weather, the meeting having been continued by a roll call vote by telephone. The minutes of March 10, 1975 were corrected as follows: Page 6, paragraph 2: change the word 'she' to 'Mrs. Opal Peterson.' Mr. Marier moved to approve the minutes as written and corrected. Seconded by Mr. McLean. Motion carried. The Clerk had received an application for an Off -Sale Liquor license from Mr. Henry Rosengren at 8001 Lake Drive. The Council deferred action on this application until the arrival of the Attorney. Mr. Rosengren said he would return. A notice of the hearing scheduled by the Bureau of Mediation Services had been received. This hearing is scheduled for Friday, April 4, 1975 in the Anoka County Courthouse at 10:00 A.M. Mr. Marier moved to release all employees concerned with this hearing to attend this meeting at their own expense. Seconded by Mr. McLean. Motion carried with Mr. Jaworski voting, NO. Mr. Jaworski felt that the City would have to pay the salaries sooner or later. Mr. Zelinka arrived. The Clerk reported on the following items: A letter from Mr. Robert Burman with an enclosed memo from Mr. David Torkildson regarding the second arena planned at the site of the Columbia Arena in Fridley. The Council took no action on this letter; Read a letter from Mr. John R. MacLennan, Engineer for the Rice Creek Watershed District, in which the status of Otter Lake is discussed. he could not give an answer as to the water level to be maintained in that lake. Mr. Marier asked that a letter be written to Mr. MacLennan asking that the Rice Creek Watershed Board Plan be adhere to and their suggested procedures be followed. To maintain a level in the lakes is part of the function of that Board. The Clerk had rec- eived a call from the St.Paul Water Department and there will be further communications from that department on this problem. The Council deferred action until such time as the information is received, Received the first quarter payment of State Aid in the amount of $16,952.75; $662.50 payment from the Metropolitan Waste Control Commission for sewage hauling; $151.75 in municipal fines; Read a letter from the Principal of the Lino Lakes Elementary School thanking Acting Chief Myhre and Mrs. Pankratz for the 'Operation Identification' presentation to the Parents Club of that school; Received notice from the Town of Columbus that the hourly rate for use of the road grader has been raised to $20.00 per hour; Notices for Public Hearings to be held in connection with proposed rules and regulations relating to cable communications tobe held on April 25, 1975 in the State Office Building in St. Paul at 9:00 A.M. March 25, 1975 Hearings on Northern States Power's proposed rate increase to be held on March 26, 1975 at 10:00 A.M. in the American Center Building and on March 31, 1975 at 7:00 P.M. in Room 83, State Office Building; amendments to the Air Pollution Control Regulations to be held at 9:00 A.M. on April 17, 1975 at 1935 West County Road B2 and on April 17, 1975 at 7:00 P.M. and 9:00 A.M. on April 18, 1975 at the same location. There also will be hearings held out - of state on this subject. Mr. McLean reported on the Park Board meeting held on March 17, 1975. The budget and planned expenditures were discussed. The cost of the building tentatively planned for the Hall property was discussed and it was found that the cost could be more than planned for. The need to repair the well at Sunrise Park and a well to service a hockey rink at the Hall property will have to be considered. There is the possibility of a smaller building at this time. The plans should be finalized soon. Mr. McLean read a letter from Mr. Jerry Hanson of the Lino Lakes Area Recreation Association requesting a donation of $125.00 from the Lino Lakes Park Board. This mouney would be used to outfit one more ball team in the summer ball program. After some discussion, the Clerk was instructed to write Mr. Hanson informing him that this is an illegal expenditure of municipal funds. Provision of playgrounds and playground equipment that may be used by all residents is permissable, but funds for individuals is not. There are several benevolentorginazations located within the City of Lino Lakes and it was suggested that Mr. Hanson contact one or more of these orginazations. Mr. McLean also read a letter from Mr. Carl Nelson, President of the Centennial Hockey Association complaining of the poor condition of the hockey rinks at Sunrise Park this past season. No action was taken on this letter. Mr. McLean had attended the Planning and Zoning Board Meeting on March 19, 1975 substituting for Mr. Marier. He reported on the following items: Before he presented the request that had been considered at that meeting, Mr. McLean presented an idea from that Board. They felt that all Special Use Permits should be reviewed at the same time each year in order to make the administration of these permits feasible. Mr. McLean moved that all Special Use Permits be reviewed at the fist scheduled Council Meeting in March each year. Seconded by Mr. Marier. Motion carried. Mr. Thomas Smith of 874 Oak Lane, had appeared before the Planning and Zoning Board requesting a Special Use Permit to continue the operation of an automobile repair shop that he is now conducting at that location. Mr. Smith said he had been in business since 1969 and wasn't a aware of the requirements that he needed a Special use permit to operate a commercial enterprise in a residential area. He asked if the yearly review would mean that he would have to get signatures and repeat the process that he was . going through now and how would this affect his ability to stay in business? Mayor Bohjanen said that the review would consider any complaints that had been received, the condition of his property and how the area is maintained. Mr. Marier said the permit would be for one year, at that time it would be necessary for the applicant to reapply for a permit, appear before the Planning and Zoning Board and the Council for approval. Mr. Marier felt that the Council �1 132 March 25, 1975 must maintain some control over businesses in order to conform with the Comprehensive Land Use Plan and see that they are established in the areas so designated. Mr. Smith said this is a small part -time business and used to supplement his income. Mr. Marier reiterated that this is not aimed at his business, specifically, but at all businesses located in residential areas. Mr. Marier felt that unless controls are maintained, Lino Lakes would be severely criticized for non - conformance to the Land Use Plan. Mr. Smith said that he has no signs, the garage is also used for family cars, and he has no plans for expansion. Mr. Zelinka asked what his position would be if there were complaints? Mr. Smith said he would have to quit. At the present the neighbors have not complained. If this permit is denied he would suffer quite a financial Toss. There was some discussion on the $25.00 fee for the special use permit. Mr. Smith thought that $25.00 per year was excessive. Mr. Marier said this will have to be taken up by the Council at a later date. - Mr. Marier moved to grant the special use permit for one year at which time it will be reviewed. Seconded by Mr. Zelinka. Motion carried. Mr. Smith was reminded that special use permits are non - transferable. Mr. Smith requested a copy of the minutes of this meeting. The Clerk will mail them to him. Mr. Dennis Frick of 6025 Sunrise Avenue had appeated before the Planning and Zoning Board requesting a special use permit to establish a repair shop at that location. He would be repairing only small appliances, nothing that could not be carried by hand. After some discussion, Mr. Marier moved to approve the special use permit for one year. At that time the permit would be reviewed. Seconded by Mr. Jaworski. Motion carried. Mr. Frick had some questions as to signs and advertising. He was told that if the sign is under six square feet, a sign perm it is not necessary. Mr. Marier warned Mr. Frick on the possibility of parking problems- He must be careful not to congest the area with his clientele this would bring complaints. As to advertising, that is his decision. Mr. Henry Meirs had appeared before the Planning and Zoning Board asking for a variance to Ordinance 21 A to extend his driveway beyond the 400 feet. The Planning and Zoning Board had recommended approval of his request with the stipulation that the driveway be a 60 foot right -of -way to allow for possible development in the future. This driveway would necessistate the design of a cul -de -sac with a 100 foot diameter. Mr. Meirs had agreed to these stipulations. Mr. Marier moved to approve the request for a Variance. Seconded by Mr. Zelinka. Motion carried. Mr. Meirs had plans for the residence that he plans to build on the property. He told the Council that he is a masonary contractor and as such, has equipment that he prefers to keep stored. In the future he plans a pole - type steel building to house this equipment. The Council had no objections at this time but suggested he present his plans when they are finalized. Mr. Meirs thanked the Council and left. 1 1 1 Mr. Locher arrived. Mr. Prokop and Mr. Jankus had appeared at the Planning and Zoning Board meeting to explain the realignment of the private driveway into Mr. Jankus' property. These changes were suggested by the Engineer after a survey of the property. He had a deed drawn up for this driveway and an additional 30 feet along the presently platted 30 feet for West Road. Mr. Locher had checked the legal descriptions and they are in order. Mr. Marier moved to accept this description for that street. Seconded by Mr. Jaworski. Motion carried. Mr. Prokop asked the procedure for changing the name of the street. Mr. Locher said this must be done by Ordinance and involves a public hearing and publication. Mr. Prokop said that his understanding was, that since there is already a street named 'Lakeview' in Lino Lakes, they could decide on a name for that street. He hoped that it could be changed at the time the street construction is completed and the street is presented to the City for maintenance. The Council thought this procedure would take about three to four weeks. Mr. Prokop could arrange his time schedule accordingly. Mr. Orrin Clover of 20th Avenue North had appeared at the Planning and Zoning meeting requesting a special use permit and a Dog Kennel license. The dog kennel is to be located on his property at 7973 -20th Avenue North. The Planning Board had recommended approval of both requests with the following stipulations: there is to be no more than eight dog at any one time exclusive of litters which are not to be kept beyond six months. This permit will also be subject to the one year review. Mr. Marier moved to approve the requests with the added request that Mr. Clover provide some type of visual screening. Seconded by Mr. Zelinka. Motion carried. Mr. Marier introduced the questions on Pine Vista that Mrs. Opal Peterson and the Metro Council had asked in connection with that plat. Mr. Marier felt that on No. 1) the City follows the State Plumbing Code and a copy of the City Ordinance covering this should be sent to Mrs. Peterson and the Human Resources Committee; No. 2) Perc tests are required and a copy of this Ordinance should also be mailed to the above listed persons; No. 3) As to what action this City would take in the event of pollution, the recommendations of the Anoka County Health Department would be followed and each case will be considered on an individual basis. Mr. Nelson will be submitting water taken and tested from six wells in the area. Mr. Marier moved that a letter be written with the above statements listed and mailed to Mrs. Peterson, Mr. Doyle at the Human Resources Committee and a copy to Mr. Nelson. Seconded by Mr. McLean. Motion carried. Mr. Emil Jandric was in the audience and wanted to bring the Council up to date on what he was doing in connection with the double house located on the outlot in Lakes Add. #2. He presented the Council with a sketch of a street and the division of a portion of that outlot. He would like this portion to be zoned for double houses. There was a discussion of the present zoning, and the possibility of this area having to be platted. March 25, 1975 Mr. Locher said the lots would require replatting, rezoning or a variance for each lot. Mr. Marier felt that this area would have to be rezoned and as such would have to go through Planning and Zoning. The Clerk was instructed to get maps for Lakes Add. #2 and #3 and make them available for the Planning and Zoning Board and to put Mr. Jandric on the April 16, 1975 agenda. Mr. Marier reminded the Council since Mr. Lombardi had resigned from that Board, a replacement is needed. He moved to appoint Mr. Bruce Houle to that position. Seconded by Mr. Zelinka. Motion carried. The Clerk is to write a letter of confirmation to Mr. Houle. Mr. Jaworski had no report except that all roads are plowed. Mr. Zelinka had no report from the Personnel Commission, however, he read an article dealing with Flood Insurance and the length of time a community has to comply before Federal Housing funds are no longer available. Mr. Locher has a map showing the areas in the Flood Plain. He had planned to meet with Mr. Gotwald to discuss this but has not been able to set up the meeting and will also have the map available for Mr. Marier. Mayor Bohjanen reported on the meeting held last Saturday, March 22, 1975 dealing with the proposed legislation affecting Anoka County. Of particular interest is the bill that would give Anoka County condemnation rights for scenic lands. There is much opposition to this bill and Rep. Neisen is introducing a bill to repeal the present law which gives Anoka County the right to condemn lands for park purposes. The Clerk read a letter from Mr. Mattke of the Centennial School District scheduling a meeting with affected communites to discuss the traffic problem along North Road. He requested representative s of Lino Lakes attend this meeting. The general consensus of the Council was that this is a hazardous stretch of street and some improvement is necessary. Mayor Bohjanen and Acting Chief Myhre will attend this meeting Mr. Rosengren's application for an Off -Sale Liquor License was considered at this time. Mr. Locher said the application was in order and complies with the City Ordinance. Mr. Jaworski moved to approve the application upon receipt of the required bond. Seconded by Mr. McLean. Motion carried. Mr. Rosengren will get the required document to the Clerk's Office. Mr. Pomerleau, who is in the process of purchasing the Blue Heron had inquired about the transfer of the On -Sale Liquor License now held by Mr. Thayer. The City Ordinance reads that the transfer, can be made upon Council approval. Mr. Pomerleau was informed of the residency requirements. He told the Council that Mr. Victor Beverson, a sharholder, will be living in the quarters at that location. An office will also be in the same building. A check on Mr. Beverson by the Police Department is necessary before any consideration of the license transfer will be handled by the Council.. Mr. Jaworski moved to table this matter until all information available. Seconded by Mr. McLean. Motion carried.. !PP March 25, 1975 1 5 1 Mr. Locher had copies of ride -along forms that had been requested. These forms will allow members of the Civil Defense and other civilians to ride on patrol with the Police Department. Some aspects of this must be cleared with the Insurance Agent. Mr. Marier moved to approve Forms #1, #1A and # 1B to be used by the Police Department subject to insurance clearance. Seconded by Mr. Jaworski. Motion carried. Mr. Marvin LeTendre appeared asking about a sign permit for the installation of a lighted sign at the Skyline Autobody Shop of Lake Drive. Mr. LeTendre said he made application some time last year but so far no action had been taken. At the time this application was heard before the Planning and Zoning Board, Mr. LeTendre was out of town and he has not been in contact with the office to inquire of the status of that application. The Clerk will check the files and contact Mr. LeTendre. This is a lighted sign and is planned for installation on a pole used for a radio antenna. There was no old business. Under new business, Mr. Locher said Mr. Jandric had given him a legal description for the proposed lot that the double house is located on. Mr. Marier felt that Mr. Locher could not represent Mr. Jandric. Mr. Jandric will have to go through his own legal council. Mr. Locher will return the papers to Mr. Jandric telling him of the Council's decision. The Ordinance for the establishment of a tree inspection program was considered. Mr. Marier moved to approve the Ordinance and order publication. Seconded by Mr. Zelinka.IMotion carried. The requisitions will be handled out of petty cash. Mr. Marier moved to approve check #6328 through and including #6365, withholding check numbers 6328 and 6330. Seconded by Mr. McLean. Motion carried. Mr. Jaworski moved to approve payroll checks #2872 through and including #2896. Seconded by Mr. Marier. Motion carried. Mr. Marier moved to adjourn at 10:30 P.M. Seconded by Mr. Jaworski. Aye. These 'mrnutes were corrected and approved as corrected at the April 14, 1975 Council Meeting. CLERKtTREASURER