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HomeMy WebLinkAbout07/24/1978 Council Minutes141 July 24, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., on July 24, 1978 by Acting Mayor Schneider. Council members present; McLean, Kul - aszewicz, Zelinka. Absent; Mayor Karth who is on vacation. Mr. Locher was present but Mr. Gotwald was also absent on vacation. Mr. McLean moved to approve the minutes of July 10, 1978 as presented. Seconded by Mr. Kulaszew4cz. Motion declared passed, with Mr. Zelinka abstaining. The matter of the petition for the removal of the pigeons in the Shenandoah area was to be considered, but since no one was present, Mr. Schneider suggested this be de- ferred until the residents are present. The Clerk's Report ..The tax levy had been received for the first, half of the year - including the early draw of $55,000.00 the total received totaled $83,364.94. Of this amount $11,323.00 are for special assessments in Debt #2. ..State Aid in he amount of $26,344.25; Homestead credit in the amount.of,$19,440.79 and attached machinery in the amount of $1,297.50 hug also been received. ..The Lino Area Recreation Association had requested the use of the Hall for July 26, 1978 at 7:30 P.M. Mr. McLean moved to approve this request. Seconded by Mr. Zelinka. Motion declared passed. ..The Lino Area Recreation Association had applied for a beer permit for August 5, 1978 for a dance to be held at St, Joe's Church. This is in conjuction with the VFW Club who carries the necessary insurance. Mr. Zelinka moved to.a approve. Seconded by Mr. McLean. Motion dec= •ired passed. ..The letter to Mrs. Billik setting the date for vacation of the home at Sunrise Park was discussed briefly. Mr. Zelinka will check with Mrs. Billik as to her plans. ..The need for an additional Board Member on the Forest Lake Hospital Board was dis- cussed. The name of Janet Houle had been submitted for consideration, Mr. McLean moved to approve the appointment of Mrs. Houle to this position. Seconded by Mr. Zelinka. Motion declared passed. The Clerk will forward a letter to Mrs. Houle in- forming her of the Council astion. .. The City has been informed that due to the decrease of unemployment, the City will not receive'antirecession funds for this period. ..The porposed letter to Mr. Robert Nethercut attempting to set a meeting to clear the matter fo the Otter Lake Regional Park and the bikeways was discussed. Mr. Mc- Lean moved to send this letter asking for a meeting sometime in September. A copy forwarded to Hugo. Mr. Zelinka seconded the motion. Motion declared passed. ..The Clerk had received a call concerned with the cost of blacktopping 77th street - who would pay? The only way this street would be surfaced would be by petition from the land owners and the cost would be assessed to the abutting properties. ..July Federal Revenue Sharing had been deposited in the bank in the amount expected. ..Municipal fines for the month of June were $278.33. ..A!letter, from the Rice Creek Watershed Board asking Anoka County for more information in reference to the planned improvements on Birch Street. The letter is for infor- mational purposes only. ..The mediation hearing concerned with the position of the Clerk in the Police Office has been postponed until sometime in August. ..The Lexington Fire Department's report,for: the month fo June in on file in the Clerk's office if someone would like to inspect. Mr. McLean presented the following items from the Planning and Zoning Board meeting held on July 19, 1978: ..Mr. Paul Keefe had appeared before the Board asking for permission to obtain a building permit on property that has no existing frontage on a City Street. The mat- ter of the maintenence of the North 160+ feet of Rolling Hills Drive was of prime im- portance. Mr. lungren had signed a statement to the effect that that portion of the street had been graded and oiled from the 1960 to 1975 when Deer Pass Trail was con- July 24. 1978 structed. The snow plows had also gone to the Keefe Home, but, for the, convenience of turning around. After some discussion on the status of that portion of the street, Mr. McLean moved to reaffirm that portion of Rolling Hills Drive from Deer Pass Trail to the South line of the Keefe property as an accepted.and de- dicated City Street. Seconded by Mr. Zelinka, Motion declared passed. Mr. McLean wanted it understood that this will be maintained, but there will be no improvement unless petitioned by the abutting property owners. Mr. Zelinka moved that unless provisions are made for a place for the City vehicles to turn around, the vehicles will go only so far as good practice dictates. The turn around is to be provided by the property owner.. Seconded by Mr. McLean. Motion declared passed. The Public Hearing on Pyle's Addition was called to order at 8:45 P.M. Mr. Locher read the legal publication. This Hearing had been scheduled for July 10, 1978, but due to the inability of Mr. Pyle to have the necessary information avaiable, the Hearing had been continued until this time. Mr. Pyle presented the Council with the copies, of the new maps with the Council suggestions incorporated. Ali repoQrts required have been received. Mr.. Locher had filed a title search. Mr. McLean reminded Mr. Pyle that money in lieu of land for Park purposes must be paid before the hardshell are signed. Mr. McLean asked if there were any comments from any one in the audience on this plat and there was none. Mr. McLean moved to accept this plat as revised and presented. Seconded by Mr: Zelinka. Motion declared passed. Mr. McLean moved to close the hearing at 8:55 P.M. - Seconded by Mr. Kulaszewicz. Motion declared passed, The petition for the removal of the pigeons in the Shenandoah area was read. Mr. Arntzen presented his reasons for asking for the removal of these birds; he has pigeon droppings on his roof,deck, and on his windows; they have flown into his furnace stack causing repairs to be necessary; there are feathers all over his back yard; and he felt that is a possibility pf a health hazard. Mr. Arntzen presented pictures taken last week of the birds sitting on his home. Mrs. Nancy Menne said her one year, old son developed a blood disorder soon after they moved into the area and all doctors asked if they kept pigeons. The disorder was not verified as being caused by pigeons. Mr. Tippel, owner of the pigeons, presented a map showing the location of his home, the pigeon coot, and the location of various other residences in the neighborhood. He also presented pictures of the building, inside and out. He said his home is a licensed day care center and felt that if there were a health hazard, this would not have-been possible. Mr. Tippet said that only young, untrained birds land or? other persons home. He felt that his intent to install a fence caused this controtrsy over the pigeons. Mr. Locher read the Ordinance which prohibits the keeping of more than two of any kind of fowl on a parcel fo land of less, than five (5) acreas. The matter of the building permit was discussed. The records in the City offices show the permit to have ben issued in late 1973; a note on the permit by the Assessor shows the building as "not started" in Feb., 1974; the final inspection copy was turned into the offices in July 1974 with a note from the 143 Juhy 24, 1978 Building Inspector as 'not built'.' The building permit had been issued for- a'storage and utility building'. There were various persons in attendance form the pigeon association, who presented their views on the desirability of raisin] homing pigeons, and the improbability of transmitting a disease. Mr. Schneider said the Council is not an expert in this matter and he could appreciate this as a hobby, however, there are two problems here - 1) the nuisance aspect; and 2) the possible health hazard. Mr. Schneider felt there had been no firm facts pre- sented in the health aspect, and perhaps an independent appraisal is necessary. Mr. McLean moved to refer this to the Anoka County Health Department and to contact the State Vet. Seconded ,by Mr. Zelinka. Motion declared passed. Mr. Zelinka felt there are multiple aspects to consider 1) a fault in the .building per- mit; 2) would it be issued today? 3) real problem or only a personality conflict; 4) nuisance in the droppings; 5) is there a drop in the market value because of the pigeon problem? Mr. Zelinka said the Ordinance covering this problem was written quite a few years ago and he felt;the intent of the word 'fowl' was to include all birds. If pigeons are not to be considered as 'fowl' then they would fall under the class- ification of 'animal' and would be,covered by the ordinance in either event. It was the general consensus of the Council that more,information is needed. !(fie. Zelinka moved to table this matter until the last meeting in August - August 28, 1978 at which time the matter will be considered again, Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean returned to the report from the Planning and Zoning Board. ..Mr. Randy Hughes had applied fora variance for the construction of a home on a less than 2Z acres of land, a driveway of over 300' and he wants to face his home to the East rather than to the North. There was a question on whether a variance is nec- essary on the facing of the home. After some discussion, the general consensus of the Council was this variance is not necessary. However, the variances for the driveway and the size of the land is necessary. The Planning and Zoning Board recommended ap- porval. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. ..Mr. Carpenter had appeared and informed the Planning and Zoning that he would apply for a re- zoning to the parcels of land ajouning his existing land for th purpose of conducting the auto salvage business. Mr. McLean moved to set a pub- lic hearing for.the rezoning for August 28, 1978 at 8:45 P.M. Seconded by Mr. Ze- Iinka.. Motion declared passed. Mr. Locher'questioned the 'Heavy Industrial' zoning and suggested that perhaps a 'limited heavy industrial' classification would be more appropriate. Mr. Zelinka moved to limit the operation to the items as stated on the rezoning re- quest — operations necessary in the salvage, recycling, and selling of transportation vehicle-parts. Seconded by Mr. McLean. Motion declared passed. ..Carole Estates needs more work as does the plans for the extension of the Baldwin Lake Trailer Court. These items will be on the August agenda. The Planning and Zoning Board had suggested that perhaps the City should consider an ordinance requiring a drain tile /sump pump system in new homes. The Clerk had been asked to check several communities where it was thought to be in effect, however, this proved to be a false assumption. Mr. Mobley was in the audience and he reported that if the water table is such on new construction, he will require that such a system be installed. This is at the discretion of the Building Inspector. Mr. Locher presented a problem with a dog that had been impounded but the owner re- 144 July 24, 1978 fuses to pay for the release of the animal. This animal has been impounded: since the 21st of June, with a Council request on the 7th of July to hold the animal until the problem can be cleared. Mr. Zelinka moved to send a letter to the Animal control stating that the City has no further interest in the animal. Any disposition of the animal is a matter between the animal control and the owner. The City's responsibility will be limited to the time span from July 7, 1978 through July 24, 1978. Seconded by Mr. McLean. Motion de- clared passed. Teh Clerk's office had received a letter from the MARDON Homes on the using of the power company easement for drainage purposes. This is to be forwarded to Mr. Gotwald. Mr. Locher reported on some problems with Anoka Electric Coop on the in- stallation of buried cable in the Sherwood Green plat. However, it was gen- erally agreed this is a matter for„the Engineer. There was some discussion of the Street "Carl" in the Lino Airpark connecting with a street named 'Sherwood Lane' in the Sherwood Green plat. The County Surveyor would prefer to the continuation of the street, but since the Sherwood Lane is very short, it was felt that no problem would be created in this case. Mr. Locher presented some work he '',had done on a street laid out bordering some lands owned by Mrs. Sig Miller just South of Birch Street. He will check further on this matter and report back to the Council. Mr. McLean asked the Clerk to get letters out to the owner's of the plats that the matter of the Park funds had not been finalized at the time of the signing of the hardshells. In the matter of the instances where the platter is not a builder, the number of permits coming through for that plat will have to be checked and recorded. Mr. Mobley presented the water, and drainage problems in the Lino Air Park and the fact that the Rice Creek Watershed Board has not inspected this area and no plans have been submitted as yet. Mr. Gotwald had forwarded some re- commendations, but these connot by utilized until approval of the Rice Creek Watershed Board has been received. , The erosion of the spillways must be corrected. This matter is to be turned over to the Engineers. Mr. Scherer said he had talked to Mr. Gotwald on Friday and a. letter concerned with hds furniture stripping process should have been in the mail. There has not been a receipt of such a letter in the offices. When the letter is re- ceived, the Clerk is to poll the Council by phone. Mr. Locher presented the problem of land being landlocked by a strip of lands owned by the City. This is located just South of Cedar on the East County Line. Mr. Mobley presented some paper work he has already done on this matter. Mr. Locher will check further on this matter and report back to the Council. On considering the requisitions, the Clerk was instructed to check further on the phone request and the purchase of coffee to be from Petty Cash. Mr. McLean moved to approve checks #8936 through and including #8984. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to adjourn at 11:10 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were approved with correction August 14, 1978 at the regular Council meeting. EDDA L. SARNER,CLERK - TREASURER 145 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. A regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was duly held in the City Hall, City of Lino Lakes at 8:00 o'clock P.M., on the 12th day of June, 1978. The follow- ing members were present: Mayor Harvey Karth and Councilmen Richard Kulaszewicz, John McLean, Robert Schneider, and Richard Zelinka, and the following members were absent: none. ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Councilman Zelinka introduced the following resolution and moved its adoption : WHEREAS, the City Council of the City of Lino Lakes, Anoka County, Minnesota, has, on its own motion, ordered a hearing to be held to consider the vacation of the following portion of a city street lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota: That part of West Sandow Lake Drive as laid out in the plat of LAKES ADDITION NO. 1, Anoka County, Minnesota, lying Westerly of the following described line: Beginning at a point on the Westerly extension of the South line of Outlot B, LAKES ADDITION NO. 1 distant 4 feet West of the Southwest corner of said Outlot B; thence North at right angles to said Westerly extension a distance of 52.77 feet; thence Northwesterly on a curve to the right having a radius of 212.54 feet with a central angle of 30 degrees 38 minutes 13 seconds for a distance of 113.65 feet to the Westerly right -of -way line of said West Shadow Lake Drive and said line there terminating. and, WHEREAS, published notice of the hearing held this 12th day of June, 1978, at 8:40 o'clock P.M. at the City Hall in the City of Lino Lakes, was duly made for two weeks, on May 25, 1978 and June 1, 1978, in the Forest Lake Times, and posted notice of said hearing, since May 19, 1978, was duly made, all as required by law, giving legal notice as required by law; and, WHEREAS, this City Council hereby determines that the following pQr'tion of a city street lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows: That part of West Shadow Lake Drive as laid out in the plat of LAKES ADDITION NO. 1, Anoka County, Minnesota, lying Westerly of the following described line: Beginning at a point on the Westerly extension of the South line of Outlot B, LAKES ADDITION NO. 1 distant 4 feet West of the Southwest corner of said Outlot B; thence North at right angles to said Westerly extension a distance of 52.77 feet; thence Northwesterly on a curve to the right having a radius of 212.54 feet with a central angle of 30 degrees 38 minutes 13 seconds for a distance of 113.65 feet to the Westerly right -of -way line of said West Shadow Lake Drive and said line there terminating, has not formerly been opened to public travel, has not been needed for public travel, having been constructed to the East thereof; and WHEREAS, after due consideration, at a Public Hearing held on June 12, 1978, at 8:40 o'clock P.M. at the City Hall in the City of Lino Lakes, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, this City Council determines that the vacation of said city street will in no way be detrimental to the public interest, and that it will be in the interest of the public to vacate said city street NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, as follows: That the following described portion of a city street, lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows: That part of West Shadow Lake Drive as laid out in the plat of LAKES ADDITION NO. 1, Anoka County, Minnesota, lying Westerly of the following described line: Beginning at a point on the Westerly extension of the South line of Outlot B, LAKES ADDITION NO. 1 distance 4 feet West of the South- west corner of said Outlot B; thence North at right angles to said Westerly extension a distance of 52.77 feet; thence Northwesterly on a curve to the right having a radius of 212.54 feet with a central angle of 30 degrees 38 minutes 13 seconds for a distance of 113.65 feet to the Westerly right -of -way line of said West Shadow Lake Drive and said line there terminating, shall be and is hereby vacated as of the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Kulaszewicz, and upon vote being taken thereon the following voted in favor thereof; John McLean, Robert Schneider, and Richard Zelinka, and the following voted against the same: none. Whereupon the said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) SS COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting(; Clerk- Treasurer of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and fore- going extract of minutes of a regular meeting of the City Council of said City, held on the 12th day of June, 1978, with the original thereof on file in my office and the same is a full and complete transcript therefrom. Witness my hand officially as such Clerk- Treasurer and the official seal of the City, this 12th day of June , 1978. Edna L, Sarner, City Clerk- Treasurer City of Lino Lakes, Anoka County, State of Minnesota