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HomeMy WebLinkAbout05/22/1978 Council MinutesMay 22, 1978 The regular meeting of the Lino Lakes Council meeting was called to order at 8:00, May 22, 1978 by Mayor Karth. Council members present; McLean, Kulaszewicz. Absent Schieder, Zelinka. Mr. Locher and Mr. Gotwald were present. Mr. McLean moved to approve the minutes of May 3, 1978 as written. Seconded by Mr. McLean. Motion declared passed. Mr. Kulaszewicz moved to approve the minutes of May 8, 1978 as written. Seconded by Mr. McLean. Motion declared passed. Mr. McLean moved to approve the minutes of May 15, 1978 as written. Seconded by Mr. Kulaszwicz. Motion declared passed. Mr. Jim Mayeda of the Minnesota Department of Transportation was present to discuss the State Sign Ordinance and the status of the City's Sign Ordinance. Mr. McLean brought Mr. Mayeda up to date on the City's efforts to get the Sign Irdinance No. 51 certified. Mr. Mayeda explained that he had taken over this position in 1973 and was unaware of the City's efforts to get certification. The person to contact is Mr. Robert Brennan, and he will call the office tomor- row with the proper address. Mr. Mayeda suggested sending a copy of the 1972 letter, write a cover letter and enclose a copy of .the Ordinance, and ask for certification. Mr. Mayeda asked that a copy of this correspondence be forwarded to his office. Mayor Karth thanked him for his time and information. The Clerk presented the hrd shells for Lakes Add. #5. Mr. McLean moved to autohorize the Mayor and Clerk to sign for the City. Seconded by Mr. Kulaszewicz. Motion declared passed. The representive from MARDON homes was present. He requested permis- sion to obtain a building permit on the lot nearest 77th street. This is for a model. Mr. Locher said the abstract is finished but he has not submitted his his report on the title as yet. He has no information on the status of the funds for Park purposes and no letter of credit for the streets. The Council was asked if it is possible to pay the Park funds when the permits are issued and Mr. McLean said the Ordinance stated that the funds must be paid before the hars shells are signed. Mr. Locher said the Council did consider a per lot fee but according to the research that he has done, this is not legal. It was felt this would be passed on to the buyer and the Park funds are the re- sponsibility of the developer. Mr. McLean said the request here is for a building permit for a model home. Since the home is proposed to face an intermal street, Mr. Gotwald suggested a letter of credit for the completion of the street in front of that lot in order to insure the salability of the home if something should stall the plat. 1.13 May 22,1978 Mr. McLoah MO ed =td approve the building permit with the :stipulations tbat.th. ts fdr dne_permit_with__ho_odcupancy allowed until the street is— ,:iA=.Wi.th�a letter of credit for the 'installation for that portion of the street. in front of this lot. Seconded by Mr. Kulaszwicz. Motion declared passed. Mayor Karth gave a brief report on the acgions of the Police Advisory Board. The Board had discussed local coverage versus County coverage, and at their next meeting they will be talking to several Mayors who have County coverage. Mr. Donald Holzmeir had presented a variance request for obtaining a building permit for a garage while he still has an open permit on his house. Mayor Karth had talked with him before the meeting. Mr. Holzmeir had appeared at a Planning and Zoning Board metting and he had been told to submit his request ti the Council. After some dis- cussion, Mr. McLean moved to approve this second permit. Seconded by Mr. kulaszwicz. Motion declared passed. A request for buried cable from Northwestern Bell had been checked by Mr. Gotwald and recommended approval. Mr. McLean moved to approve this request. Seconded by Mr. Kulaszwicz. Motion declared passed. The Public Hearing for consideration of an amendment to Ordinance 53 dealing with the i.inspection ane pumping of on site septic systems was opened at 8:00 P.M. by Mayor Karth. Mayor Karth said due to the heavy agenda, discussion onthis subject would be limited to one hour. He asked that all persons speaking give their names and addresses. He told the aduience that Mr. Gotwald had done some research on the status of WPC -40 and had found that the plans for this document is passage in June of 1978. If this Ordinance amendment is passed, it would only be for an interim perios until the WPC -40 regulations are adopted. Mr. Gotwald said this documrnt was to have been passed in 1977, but due to the complexity of the rules and the many State wide hearings that were held, it has been delayed for one year. There was a question as to what is required in these rules for the pumping of septic systems. It wouldseem that the rules do not advocate any in- spection or pumping requirements to be set upby the communities. There is only one paragraph on the maintenance. It was felt to require yearly inspections conducted by local authorities was not feasible financially. There was a suggestion, that at the sale of a house, the system would then be inspected by the local authority in order to insure a proper working sytem for the buyer. There was also a suggestion of a card system, whereby the owner would inspect his own system and mail the card back to the City. McLean felt that with this set of rules and regulations becoming law in less than a month, it would be superfluous to pass this a- mendment. Mr. Glenn Rehbein asked the Council to tell the residents in at- tendance the reason why this amindment was being considered and what could happen if the WPC -40 rules and regulations are not passed. 114 May 22, 1978 Mayor Karth said if there is a motion to deny this amendment, and the WPC -40 rules are not passed, and this amendment is to be re- considered, then the entire process of publication and public hearing must be repeated. Mr. McLean moved, that since the WPC -40 Rules and Regulations will supersede any Ordinance of this City, and since these Rules are to be passed within a month, this Amendment to Ordinance #53B be de- nied. Seconded by Mr. Kulaszwicz. Motion declared passed. Mr. Rehbein felt that there should be some discussion on the actions of the Metro Council and their attempts to police the actions of this City. He cited the requirement of a perc test. He felt that almost any portion of this City could pass a perc test if it is done by the right man. Mr. Rehbein was told that the perc test requirement is a part of the State Building Code and not a matter relating to Metro. Mr. Rehbein also objected to the collection of the SAC, he felt that assessing this to areas that would probably never get sewers was un- fair. The Council felt that the time to have objected to many of the rules imposed on this City was in 1975 at the time the Land Planning Act was passed by the State Legislature. This City passed a Resolution objecting to this Act and ti the powers of the Metro Council and sent this Resolution to every community in the seven County Metro area, to all State and Federal Senators and Representatives, Metro Council members, and the Governor. Of all the copies sent out, only 18 bothered to answer. Mr. Mobley said there was a program on the 60 Minutes show on the subject of Metro Government and in three major Cities this has been proven to be unconstitutional. Mayor Karth said the local government is not the place to go to ob- ject to Metro powers. Residents should contact their State Repre- sentatives and State Senators. Mr. Jim Kellog said the Metro is an illegal function fo government and felt the bill authorizing the establishment of this unit was un- constitutional- he asked why Cities continued to fill out their forms. Mayro Karth said until proven illegal by Court action, this is backed by the State Legislature and Cities must abide by State Law. Mr. Locher said the legality of the Metro could be attacked but the legal fees would probably be around $20,000.00 and no one community has that kind of funds for this action. Furthermore, if the Cities do mot conform, all funds are withheld - such as FHA mortage funds, sewer funds. Federal Highway funds - all these funds must be filtered through Metro. Mr. Bill Houle noted that Mr. Howard Neison, State Representatives for this area, was present. He asked what he had done in the area of reducing the powers of the Metro Council. 115 May 22, 1978 Mr. Neison said he had voted against the Land Planning Act but since most of the heavily populated areas have no quarrel with Metro, the Act was passed. Mr. Al Ross questioned the Chain of Lakes Park - will this City re- ceive any aid from the County for the maintenance of the roads? Mr. McLean said all the internal in the Park are the resposibility of the Anoka County Park Department. Mr. Ross questioned the feeder streets amd Mr. McLean said those are also County Roads. Mr. Ross felt there were many things to watch in the development of that Park. Mr. Neison pointed out that Anoka County has the power of condemnation. He said he had tried for two years to get that law appealed but has been overruled by the heavier populated areas because they want the parks out here. Mr. Rehbein felt this City must take a stand against Metro and of necessary go without their assistance. He felt that by conforming to their rules, these ordinances are merely a form of plea bargaining. He felt the Council should say, No, on some of these. Mr. McLean presented the following action taken by the Planning and Zoning Board at their meeting on May 19, 1978. ..Mr. Alfred Stafki, Jr. had applied for a special use permit to op- erate an upolstery shop out of his harage at 6891 Sunrise Avenue. After some discussion, the Planning And Zoning Board has recommended approval of this special use permit subject to annual review. Mr. McLean so moved. Seconded by Mr. Kulaszwicz. Motion declared passed. ..Mr. ElmerCrohn had submitted a preliminary plat for lands located North and East of the Lino Elementary School to be called the 'School Subdivision.' There is a private driveway located on the East side of this plat and it was suggested this driveway be re- aligned and taken out of the plat. Mr. Crohn had agreed to this. Mr. Gotwald reminded Mr. Crohn that a street plan with grade and drainage must be submitted before the final hearing on this plat. There was discussion on tho ponding area and the size of this pond. Also, the necessity for fencing. The Planning and Zoning Board had recommended approval of the pre- liminary plat. Mr. McLean so moved subject to the Planner, Engineer, Rice Creek Water Shed Board, with money in lieu of land and the private driveway being removed from the plat. Seconded by Mr. Kulaszwicz. Motion declared passed. Mr. McLean moved to set a public hearing on the plat for June 12 1978 at 8:45 P.M. Seconded by Mr Kulaszewicz. Motion declared passed. ..The plat Of Sunset Estates as submitted by Mr. Jim Schilling was considered. The Planning and Zoning Board had suggested a curve on the street. Mr. Schilling presented a map with the change made. The Planning and Zoning Board had recomminded approval of thos prey liminary plat subject to the Planner's, Engineer's and the Rice Creek Water Shed Board's recommendations. Also, money in lieu of 116 May 22, 1978 land for park purposes. Mr. McLean so moved. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to set a public hearing on this preliminary plat for June 12, 1978 at 9:00 P.M. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mr. Lyle Carpenter had submitted a request for a variance to trans- fer two parcels of land of less than 245 acres to be combined with his existing lot located North of Main Street on Lake Drive. Mr. Carpenter said he would also like to build a home on the back of this land. The Clerk had been asked to forward this information to Mr. Locher for a legal opinion on this matter. Mr. Locher said in order for the parcels to be used a part fo the existing business. the area beyond the 300 feet would need to be re- zoned to commercial. The area where the house is proposed to be constructed would be on a private driveway with two existing homes at the present time. Mr. Locher will check into this further and report back to the Council. ..Mr. Fran Burque had requested a variance to transfer a parcel of land of less acres. This will be combined with his son's existing land and made into one parcel. It was suggested that one legal des- cription be written in order to keep these two parcels of land in one. The Planning and Zoning Board had recommended approval of this request. Mr. McLean so moved. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mr Eugene Blomquist had presented a variance to transfer title on a parcel or land of less than 2Ai acres. This is the lands located along County Road J and lines up with the existing lots. The Plan- ning and Zoning Board had recommend approval of this variance. Mr. McLean so moved. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mr. Joe Effertz had applied for a variance to transfor a parcel of land of less than 2J5 acres on Oak Lane. This parcel contains 1.05 acres and has a frontage of 208' on Oak Lane. The remaining parcel of land contains 6.5 acres of land. The Planning and Zoning Board recommended approval of this variance. Mr. McLean so moved. Second- ed by Mr. Kulaszewicz. Motion declared passed. .. Mr. Bob Sorg had applied for a variance for a long driveway. Due to the lack of a legal decription and necessary information. the re- quest was not considered.. Mr. Sorg will get the necessary infor- mation and return to the June meeting. On considering the hard shells for Lakes Add. #4, the matter of the street vacation was discussed. Mr. Peterson was present at this time. Mr. Gotwald suggested that the plat can be filed before the hearing on the vacation of the street. Mr. McLean moved to authorized the Mayor and Clerk to sign the plat per Mr. Locher's title opinion, the park requirement had been handled in the original plat. Seconded by Mr. Kulaszewicz. Motion declared passed. 117 May 22, 1978 Mr. Gotwald said he has a topog mapof the area the City will be re- ceiving for park purposes and suggested having this decreased in size and a blue line copy made for City use. He felt this could be done for approximately $12.00. Mr. McLean moved to authorize Mr. Gotwald to proceed with this map. Seconded by Mr. Kulaszewicz. Motion der clared passed. Mr. Gotwald presented the Council with his recommensations for ac- ceptance of the sewer project 76 -3 and authorize for payment of the final figure. Mr. Gotwald said he will have a set of plans and specifications forthe completion of the Street ready for Council consideration of the June 12, 1978 meeting. At this meeting, there should be a Resolution approving and sewer project 76 -3 and accept as a City facility. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to pass a Resolution authorizing payment of the final figure as submitted by Mr. Gotwald. Seconded by Mr. Kulasze- wicz. Motion declared passed. A copy of the contract with the union and the police department had been received. Mr. Locher will check and will have his recommendation for the special Council meeting scheduled for June 5, 1978. A petition for the installation of three street lights in the Shen- andoah area had been presented to the COuncil. Mr. Gotwald had checked and felt the locations were correct. He suggested turning this over to Mr. Volk and have NSP also check the locations. Mr. Locher presented the problems he had encountered in getting deeds for the extensions of 77th street. If the street is kept on the sec- tion line, the right -of -way would be within 3' of Mr. Husnik's home. There would also be interference with his drainfeilds. Mr. Locher suggested swinging the street to the South at that location and then coming back to the section line once pass Mr. Husnik's home. The land owner to the South has no objections to this. Two of the lots on the South side of the street will be affected and the set backs on homes on those lots will have to be checked closely at the time of construction. Mr. Gotwald had checked the Strength Charge Ordinance as submitted by the Metro Waste Control Commission. This defines the charges levied for industrial waste treatment and since this City does not create any industrial waste, this Ordinance has no effect on this City. Mr. Kulaszewicz asked the Council to consider the promotion of Clif- ford Ross, Jr. from a part time position with the Police Department to a full time position. There was discussion of the necessity of all police being certified within one year after employment. This law becomes effective July 1, 1978. There was some discussion on the ramifications of this law on the men currently employed as part time personnel. Mr. Kulaszewicz moved to promote Clifford Ross, Jr. from part time to full time officer to be certified by the end of the current year. 1 1_ May 22, 1978 Seconded by Mr. McLean. Motion declared passed. Chief Myhre said two part time men will be considered at the Person- nel Commission meeting scheduled for Tuesday, May 23, 1978. This will bring the force to four full time men and four part time men. Mr. Locher was asked about the status of Richard Wilbur. He has been employed for a year and is not yet certified. If Mr. Wilbur can arrange to become certified, would City approve. The general consensus of the Council was that they would approve. Mr. Kulaszewicz moved to approve requisitions #838 through and in- cluding #842. Seconded by Mr. McLean. Motion declared passed. Mr. McLean moved to approve Checks #8810 through and including #8833. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to adjourn at 10:50 P.M. Seconded by Mr. Kulasze- wicz. Aye. These minutes were approved with correction June 12, 1978 at the regular Council meeting. 144_ EDNA L. SARNER, CLERK- TREASURER 1