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HomeMy WebLinkAbout06/12/1978 Council Minutes122 June 12, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., June 12, 1978, by Mayor Karth. Council mem- bers present; McLean, Kulaszewicz; Schneider, Zelinka. Absent; none. Mr. Locher was also present. Mr. McLean moved to approve the minutes of May 22, 1978.as presented. Seconded. by Mr. Kulaszewicz. Motion declared passed, -with Mr. Sch- neider abstaining. Mr. McLean moved to approve the minutes of the special meeting held on June 5, 1978 as written. Seconded by Mr. Kulaszewicz. Motion declared passed. The Clerk presented the following items for Council consideration: ..A letter from Mr. John Blomquist informing the Council that he had engaged Mr. James J. Jill to plan the use of the lands located on Otter Lake and felt he would have a preliminary plat very soon. ..A letter from the Office of Environmental Affairs, State Bicycle Program, setting forth the requirements for the preparation of a bikeway plan. The Clerk was instructed to contact Mr. Paul Ruud, County Engineer on this matter. ..A letter of appreciation from Mr. John McClellan, of the Centen- nial School District for the Council's support of the programs pre- sented at that school. ..A request from Northwestern Bell for permission to install buried cable on Otter Lake Road. Mr. Gotwald "has given verbal approval of this. Mr. McLean moved to approve this request. Seconded by Mr. Kulaszewicz. Motion declared passed ..The Church of Saint Joseph had requested a permit to sell beer at the August Festival on August:l3, 1978. The Council asked about insurance - the general consensus was this Church provides insurance. Mr. McLean moved to approve this request with the stipulation that proof of insurance be submitted to the City. Seconded by Mr "e' linka. Motion declared passed. ..A salary reimbursement from the State of Minnesota in regards to Sal Costa's attendance at a Breath - Testing ,School. This is in the amount of $197.96. ..At the request of Centerville, the Metropolitan Council had re- computed the tax due this City on the lands taken for Park purposes. A check in the amount of 133.94 had been received as the balance due for 1978. The Clerk said she had not had time to check the plats and parcels. This will entail going to Anoka and checking the files. ..In reference to the letter on Open Space dated May 16, 1978 and signed by Mr. Neil Franey, a special meeting with the Hugo City Coun- cilhas been schdeuled for June 28, 1978 at 8:00 P.M. at the Lino Lakes City Hall. --In the 208 Planning News, there is a reference to new policies being set up by the Metropolitan Council to establish a management program for on -site septic systems. There are two publications available. The Ckerk reported that she had asked for copies of the letters from Mr. Dougherty in reference to Mardon Acres. ..A letter from North western Bell in regards to the listings that will be printed in the 1978 Minneapolis Telephine Directory was discus- sed In the Lexington listings for the City, there is a non emergency number for the Lexington Fire Department but none for the Centerville Department. The Council fe. ?t that both should be listed or neither should be listed, The Clerk is to check with the Centerville for a non - emergency number. 123 June 12, 1978 Under Mayor Karht's report, he reported/on a suggestion he had received as to the maintenance of septic systems. It had been suggested the City set up a card system with .tbe WPC -40 inspection and maintenance requirements on this card and ask the people to follow this schedule and mail the card back to the City. The general consensus of the Council was this is not required by the WPC - 40 rules and as such, it was felt the City should not have stricter rules than the WPC -40 dictates. A building permit application had been received for a lot facing North Road just West of Lakeview. The Building Inspector had questioned the legality of the lot since it contains approximately 1/3 acre. Mr. Locher has checked the filing of the deeds and had found these lots were recorded in 1962, which preceeds the City Ordinance requiring 22 arces. In Mr. Locher opinion, thses are buildable lots, if they meet all other City requirements. The Public Hearing for the plat Sherwood Green was called to order at 8:30 P.M. by Mayor Karth. Mr. Locher read the notice of legal publication. Mr. McLean said all necessary materials are in. This plat contains 60 acres, 40 lots zoned RI, Single Family Residential. The Planning and Zoning Board has recommended approval, with money to be received in leiu of land for Park pur- poses, (this would amount to $6600.00) before the hardshells are :signed. Mr. Nelson, developer of the land, pointed - out that Lot 3,.BIk 4, will be used for drainage purposes. thus the final plat will only contain 39 Tots. Mr. McLean moved to approve the plat of Sherwood Green.as presented and. amend- ed. Seconded by Mr. Zelinka. Motion declared passed. Mr. Zelinka moved to close,the hearing at 840 P.M. Secondedy ■Mr. McLean. Motion declared passed. Mayor Karth called the public hearing on the vacation portion of West Shadow Lake Drive to order at 8:40 P.M. Mr. Locher presented the legal publication and an affadivit of posting of the notices signed by the Clerk. Mr. Locher read the legal description of thet portion of the West Shadow Lake Drive to be vacated. This small triangle of ,land lies between the original play and the current location of the surfaced street. Mr. McLean askedfor comments from the audience on this vacation. There were none. Mr. Zelinka moved to approve the vacation of that portion of West Shad- ow Lake Drive. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Zelinka moved to close the hearing at 8:45 P.M. Seconded by Mr. McLean. Motion declared passed. The public hearing on the School Subdivision was called to order at 8:45 P.M. by Mayor Karth. Mr. Locher read the legal publication and the description of the property being platted. There was discussion of the most Westerly 45' - Mr. Crohn said he would either retain this as a part of his lot or perhaps sell to the adjoining property own- ers. In either case, the strip of land will be removed from the plat. Mr. McLean questioned the acreage, and Mr. Crohn said he would have to have the acreage calculated since the removal of the strip of land would alter the number of acres. Mr. McLean requested Mr. Locher to obtain an acurate land computation on this parcel of land. Mr. Locher said the County Surveyor would compute the 124 June 12, 1978 acreage. The private driveway along, the East edge of the plat eas discussed. Mr. Crohn said this Strip of land will also be eliminated from the plat. Mr. McLean moved to approve the plat as presented and amended by the above stip- ulations, with money for park purposes to be received before the signing of the hardshells. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to close the hearing at 9:10 P.M. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Tippel was in the audience in reference to a complaint on his raising pigeons at his home in Shenandoah. Mr. Tippel said he had checked the City Ordinance be- fore he bought here and had been told that this operation was legal under the City ordinances.., Mr. Locher said he and checked several sources, one said pigeons are fowl and a- nother said they are not fowl. The building permit for the structure had been pulled, The permit had been is- sued Nov. 30, 1973 by Joanne Pankratz, as'a utility building with the work 'stor- age',in parenthesis. A notation on the final inspection copy by the Assessor was 'not started, 2 /11/74, This final inspection copy had been turned in July by Mr. Henery Amundsen, the Building Inspector, with a notation at the top stating 'nev- er built'. Under these conditions, the building permit would have been invalid. Mr. Tippel said he had talked with someone form the City offices by phone and had also talked with a Council member, by phone. (he had no names) and said he had been assured of raising of racing pigeons was legal. He also stated that the 'utility building, storage' had been put on the bbuilding permit by the girl in the office. He said he raises the pigeons for racing purposes only - no selling or buying is done. Mr. Tippel presented the Council with an undated letter from Mr. and Mrs. Aurandt supporting Mr. Tippet. There were two pigeons fanciers present with Mr. Tippel who presented some information on the sport of racing pigeons. Mr. Tippel said home is a licensed day care center and in order to keep the child- ren in the yard, he wants to put up a fence. He said his neighbor had said if he put up the fence, that he, the neighbor, would force Mr. Tippel to get rid of his pigeons. The opinion of the Council was the complaint must be presented in,writing and both parties should appear at the next Council meeting. Mr. Tippel will be advised if this matter is on the agenda. Mayor Karth presented the plans and specifications for the office to be built in the shop area. Two bids are in. Miller - $4,537.50; Hillyer - $4, 197.50. The Council would like time to study thses specifications. This matter to be put on the June 26, 1978, agenda. Mr. Volk asked permission to have this approved in order to have the builder put this construction on his calendar. Mr. Schneider would like to present this to the Park Board since it may be necessary;to use money ffom the Park Fund for this project. Mr. Zelinka suggested to aoard the project to the low bidder with construction to June 12, 1978 start on or after July 5, 1978 with verification of prices the same and approval of the Park Board. There was some discussion and Mr. Zelinka moved to pass the above motion. Seconded by Mr. McLean. Motion declared passed. Mr. Volk presented some specifications for the planned pole building to be con- structed. There was some discussion on the use of part of the building as a warming house. There will be more on this later. Mr. McLean reported that Mr..:Kirscthbauin ivy »Il probably return to work August 1, 1978 depending on the Doctor's examination on July 24, 1978. Mr. McLean asked if Mr. Kirschbaum will be able to perform normal duties of a po- liceman - he was refering to the stimulator Mr. Kirschbaum is wearing. Mr. McLean was concerned that Mr. Kirschbaum could be hurt because of his having to wear the instrument or someone sould be hurt because of his inability to perform his duties because of the instrument. Mr. Locher suggested talking with Mr. McGowan on this matter and to also inquire into a 1secondary.fund'. Mayor Karth reported -oh +he prob,l,em_at Luther'.s Sport Shop. It seems that Mr. Nutter has sold the establishment and in the process, has discovered that the corn- er of the,showroom portion of the building is about 2' into the street right -of- way. Mr. Nutter has offered to do all the legal work for the City to vacate that portion of the right -of -way to the building. Mr. Locher said if this addition had been sonstructed under the provisions of Or- dinance #6, no provision were made for building set backs form the side lot lines - so this building might not be in violation of that portion of the ordinance. The Clock was instructed to check for the date oii the bui4dnng,permtt r., fts permit must have been issued before Aug. 5, 1971. The CIer;k';was i instruci=ed to compile the necessary information and put this matter on the June 26, 1978 agenda. There was a suggestion that a stipu +ation could be put in the Deed that if the building is ever distroyed, that portion of the land would revert to the City. This will be discussed at the next Council meeting. The hardshells for Lakes Add. #5 are ready for signatures. Mr. Locher had checked the abstract and all is in order. Mr. McLean moved to approve the signing of the plat. Seconded by Mr. Zelinka. Motion declared passed. Mr. Tom Oswald, of the Forest Lake Service Bureau, presented his request funds to operate his organization. He had said that the joint powers agreement must be rejected because of financial implications. They are asking for a "purchase of Services" agreement for money. It was explained theseunits receive monies from the Counties, the Cities and LEA. Mr. Schneider explained this agreement is too late for this year since it was not in the budget. He also felt that one school provides with no charge the other does not - a line must be drawn some place. Mr. Oswald was asked about residents from the Centennial or White Bear are received assistance from this organization and he said they were not eligable. Mr. Oswald eas instructed to have a summary of what is offered and Waal- is furn- ished by his Bureau in the Clerk's office by August 1, 1978 for the 1979 budget consideration. 126 June 12, 1978 Mr. Schneider presented has financiai,report and answered questions of the Council esirnbeirs . Mr. An i nson w i l l be at the June 26, 1978 meeting to go through the audit report and the utility rates study. Mr. Schneider presented a form from the League of Minnesota Cities concerned with the possibility of insurance through that;,organization for the City. The lea - gue has proposed to so a study :on this matter and has asked for the Cities to re- spond. The cost is not to exceed $100.00 and could possibly result in a savings on insurance for the City. Mr. Schneider moved to fill out the form and answer "yes" to the questions. Seconded by Mr. McGowen be contacted on this matter. Mr. Zelinka moved to approve 200 hours fo observance of Police activities with the following stipulations; must be an adult, must sign the waiver form, In- surance must be checked and Mr. Locher will contact the Union. Seconded by Mr. Schneider. Motion declared passed. The contract for_Police with the Union had been retyped and signed by both the Union and Union Steward of the Police Department. Mr. Zelinka moved to approve this contract and authorize the Mayor to sign. Seconded by Mr. McLean. Motion declared passed. Mr. Zelinka asked Mr. Volk about the parking lots. Mr. Volk said it has been rough graded and the sides are lined with ties. It should be completed in ap- proximately 2 weeks. The barn at Sunrise Park is down. Mr. Volk said he had talked a little with Mrs. Billik and she is still talking about building a new home on 2nd Avenue. Mr. Volk felt that she will not make any plans until they are forced on her. Mr. Zelinka said he had talked with her last Fall and had been under the impres- sion,that she would not be in the house beyond the end of June but apparently Mrs. Billik had not considered this deadline. Mr. Zelinka said he would talk with her and find out what her plans are. There was general discussion of the condition of the Parks and as soon as the deed is here on the new park on 7th Avenue, the underbrush and fallen trees can be cleared. There was some discussion of the signs for the parks and the Hall and also the letters for the building. More on this later. Mr. Locher presented deeds from Mr. Walberg and Mr. Husnik for the extension of 77th Street. There are also deeds from the other land owners along that street. After some discussion as to the location of that street, Mr. Zelinka moved to accept the deeds for the relocation of a portion of 77th Street. Seconded by Mr. McLean. Motion declared passed. There was some discussion with Mr. Walberg for the installation of this extension. Mr. Walberg will consult with Mr. Gotwald and either present a bond or a letter of credit for this extension. Mr. Zelinka moved to authorize Mr. Gotwald to supervise and advise Mr. Walberg and to allow Mr. Walberg to perform his own work, per Mr. Gotwald's instructions. Seconded by Mr. McLean. Motion declared passed. Mr. McLean moved to approve requisition #843. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean questioned Check #8870 would like an explanation of the amount; $8880, 1 1 12 June 12, 1978 no regisition - this was an emergency; #8849, protected wrong. Mr. Zelinka moved to approve checks #8839 through and including #8890, with #8865 being voided, #8849 to be corrected. Seconded by Mr. McLean, Motion declared passed. Mr. McLean asked all Council members to re -read the letter from the Metro Council on the Otter Lake Open Space problem and have their comments ready for the next Council meeting. A special meeting has been scheduled for June 28, 1978 with the Hugo City Council to discuss this matter. Mr. Locher reported on the letter he had received from the Minnesota Department of Transportation in response to the letter from Mr. Locher about the City's Sign Ordinance. Some portions of the Ordinance was too restrictive and some not restrictive enough. This Ordinance cannot be certified by the State at this time. Mr. McLean asked Mr. Locher to mark the changes by the State and have to the City in order forthe Planning and Zoning Board to look at the changes. Mr. Schneider moved to adjourn at 12 :00 Midnight. Seconded by Mr. McLean. Aye. These minutes were approved with correction June 26, 1978 at the regular Council meeting. EDNA L. SARNER, CLERK - TREASURER