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HomeMy WebLinkAbout08/28/1978 Council Minutes151 August 23, 1978 The special meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on August 23, 1978 by Mayor Karth. Council members present; Kulaszewicz, McLean, Schneider. Absent; Zelinka. Mr. Harold Hansen and Mr. Marlin Hansen were present to discuss the Park Funds due from the plat, Otter Lake Estates. Mr. Marlin Hansen flet that the acreage used to compute the amount due was in error.The second phase of the development had been dropped and 26 lots has been platted at this time. Mr. Hansen had computed the acreage at 31.48 acres. This would compute to a total of $3,465.00 due for park purposes. At the time of platting, since the final figures were not available, this area will be allowed to pay on a percentage of the lots. This amount due per lot is $134.00. Three lots have been developed and a fourth building permit has been applied for. At this time a total amount of $536.00 is due before the fourth building permit will be issued. Onely five more lots may be handled in this manner and then the balance is due. The remaining balance due on the tenth building permit to be issued is $2259.00. This was understood and agreed to By Mr. Marlin and Mr. Harold Hansen. A copy of these minutes to be filed with the plat in order for this action to be available when the Phase Two portion of the plat is presented. Mr. Schneider presented the Council with information he had gathered in reference to obtaining the services of a City Administrator on a part time basis. He had talked to the State Planning Agency and had felt that the City could possibly obtain some funding for at least the first couple of years. He would ask the Council members to study the material he had supplied and asked for authorization to continue his research. The Council gave their approval. In the process of the discussion on the protective inspections, the comment to leave the building inspector on a fee basis and to limit the activities to the building program only was made. The Clerk was instructed to put the phone quotes on a comparison basis for the Council consideration at the August 28, 1978 Council meeting. The meeting was adjourned at 9:30 P.M. These minutes were corrected and approved at the September 11, 1978 Regular Meeting. Edna L. Sarner, Clerk- Treasurer August 28, 1978 The Regular meeting of the Lino Lakes City Council was called,to order at 8:00 P.M. by Mayor Karth, on August 28, 1978. Council members present; Kulaszewicz, McLean, Schneider, Zelinka. Absent; None. Mr. Locher and Mr. Gotwald were also present. Mr. Schneider corrected the minutes of August 14, 1978 Mr. Schneider moved to approve the minutes as correced. Seconded by Mr. Zelinka. Motion declared passed. The Clerk presented the following items for Council consideration: ..The affidavit of publication for the taking of bids for the construction of the storage building had been received from the Forest Lake Times and a copy of the Construction Bulleting with the printing of the advertisement for bids marked. ..The Police Chief had computed the money due his department in connection with coverage from the Anoka County Juvenile Center, the Anoka County Park Department, and the Minnesota Correctional Facility. The Clerk asked for authorization to bill these agencies. Mr. Schneider asked that the computations be checked before mailing. August 28, 1978 ..A meeting for City Clerks and Chief Election Nudges has been scheduled for Sept. 8, 1978 at 7:30 P.M. The City Council has a special meeting scheduled for that even- ing. Mrs. Anderson will take minutes for the Sepcial Council meeting. ..A letter from the Rice Creek Watershed Board setting forth the requirements that must be followed in the Lino Air Park North had been received in this office. This has been copied for the Building Inspector and Mr. Gotwald. ..Rice Creek Watershed Board had notified the City that permit application for the upgrading and improvement of Birch Street has been tabled for receipt of more de- tailed information. ..The Department of Natural Resources had forwarded an approved permit application for the upgrading and improvement of Birch Street. ..Carole Estates had posted a Letter of Credit in the amount of $24,498.00 for street installation in that plat. The Park money has also been paid for that plat. Mr. Kirby and Mr. Bennett of the Anoka Electric Cooperativef appeared before the Council to discuss the City's undergrpimd utility ordinance. Mr. Kirby said they have been requiring a 10' easement for the installation of the underground equipment and felt this requirement should be done at the Planning and Zoning Board level. This is required in the City Ordinance and would be a matter of following that ordinance. Mr. McLean asked how this is handled by NSP and Mr. Gotwald said their lines are installed in the 60' right -of -way. The problems of this sort of installation was discussed. The representatives felt that since the 10' easement is required by the City Ordinance, they would prefer to have it done in this manner. This puts their lines out of the way for the installation of water and sewer and for sidewalks. A map outlining the precise areas that are served by Anoka Electric will be sent to the City offices. They would like copies of preliminary plats as they are approved. The general consensus of the Council was this is a matter of adminstrative procedure and would not create any problems. The men were thanked for their time and information. Mayor Karth introduced the matter of the pond on Mr. Fitch's property alons the North side of Main Street. Mr. Locher had been asked for a comparison of a pond and a pool and Mr. Locher said there are no parallels. Mayor Karth said if it becomes necessary for Mr. Fitch to fence this pond, then all other ponds will have to be fenced. Mr. Gotwald reminded the Council this could involve the fenceing of all the ponding areas in the plats being accepted by the City. Mr. Vi Schwankl objected to having to fence her pond. This was dug for the animals and she felt that some fo the County Ditches were more dangerous than the ponds. She alos felt that any one near the pond would be treaspassing on private property and had no business there in the first place. Mr. Zelinka felt this problem is out of proportion - that perhaps, if a new development is near a pond, the yards should be fenced to keep the keds i, not the ponds fenced to keep the kids out. After much discussion, Mr. McLean moved that it is not the intent of this Council to extend the requirement of fencing of pools to ponds or ditches. Seconded by Mr. Zelinka. Motion declared passed. Mr. Schneider moved to have Mr. Volk check the City's ponding areas and get cost figures for the installation of signs. Seconded by Mr. McLean. Motion declared passed. The Public Hearing for the Rezoning of lands as applied for Mr. Lyle Carpenter and August 28, 1978 Kenneth Rehbein was called to order at 8:45 P.M. 153 Mayor Karth turned the meeting over to Mr. McLean. Mr. McLean asked Mr. Locher to read the official publication as published in the Forest Lake Times. Mr. Carpenter was asked what he plans for the lands being considered for rezoning and he said that he wants to expand his business, and to upgrade the existing buildings. Mr. McLean asked if anyone had any comments on this propsed rezoning and Mr. Clarence Wollan, whose property is directly to the North, said he did not want any more junked cars then is already there. Mr. Elmer Crohn, who owns lands to the West of this area, presented the Council with a written statement objecting to the rezoning. He based his objections on four items; 1) does not have enough land; 2) not enough front footage; 3) does not meet the intent .of the ordinance; 4) not isolated. General discussion from persons in the sudience followed. Mr. Blackbird felt the re- zoning would have no effect on future development of the lands bordering this property. Mr. Bohjanen felt there should be some sort of screening to protect the adjoining property owners. Mr. Carpenter said he has plans to fence the entire area, probably with a wood fence. On discussing the land requirements and the front footage, Mr. Locher said the Ordinance has a Variance of Appeals written into the ordinance to handle situations that do not meet the standards. This business is also a preexisting, non - conforming use of the land and therefore is grandfathered in. Mr. Clarence Wollan, the land owner to the North, noted that he had sold his North 60 acres to a developer and plans for developing the property are being made at this time. Mr. Crohn onjected to the 'Heavy Industrial" zoning classification. He flet this would leave this area wide open for all allowed businesses under that classifiication. He was also concerned with the possibility of a car crusher and the nose associated with such a machine. After much discussion, Mr. McLean moved to change the zoning to Light Industrial, to be extended to included the uses as noted in the Public Notice, to exclude car crushing equipment, all sides of the parcels to be fenced with the exception of the frontage on County Road #23, this fence to be of wood and of a solid construction. Any deviation from this type of fence must be agreed to by Mr. Carpenter and Mr. Wollan and presented to the City Council in writing. This fence to be installed within one year or one year from the date of transfer of title. whichever occurs first. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to close the hearing at 9:30 P.M. Seconded by Mr. Zelinka. Motion decalred passed. Mayor Karth said at this time, written materials would be accepted from the proponents and opponents of the pigeons in the Shenandoah area. Several pieces of material was presented. This will be copied and forwarded to all Council members for study. Mayor Karth said this matter will be continued until September 11, 1978 at 9:00 P.M. and a decision will be made at that time. Mr. Schneider so moved. Seconded by Mr. McLean. Motion declared passed. Mr. Schneider presented his figures on the matter of the sewer rates. The Council members have copies of his computations. He had consulted with Mr. Gotwald, City Engineer and Mr. Anfinson, City Auditor, on this matter. The matter of the lift 54 August 28, 1978 had been considered, but at the present time there is no indication as to when this Matter will be concluded. Any monies or credit from this facility must go into the sewer fund and be used in the Country Lakes area. Mr. Schneider said the growth in the area was faster than hed been anticipated at the time the sewer rate study had been done by the Auditor. After some adjustments, Mr. Schneider moved to increase the sewer rates by $1.00 per month, making the quarterly rate $15.00 per quarter, to be effective October 1, 1978. Seconded by Mr. Zelinka. Motion declared passed. Mr. Gotwald said his office has a record of what each lot was assessed for the installation of the lift station. If and When this matter is settled, it may be possible to credit these lots with that amount over a period of years. Mr. McLean reported on the actions of the Planning and Zoning Board meeting held on August 16, 1978. Mr. and Mrs. Terry Busch, of the Pine Haven Plat, had started a privacy fence without a permit. When the Building Inspector had checked the fence, it was found to be seven feet hight, which violates the ordinance, which restricts fences in res- idential areas to six feet. The Planning and Zoning had recommended approval of a variance provided permission of the surrounding neighbors was provided. Mr. and Mrs. Busch had applied for a variance, paid the fee and presented a list of their neighbors giving their approval of the fence. Mr. McLean moved to approve this varance. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean reported on a moved -in house that had not been inspected by anyone other than the building inspector. The Ordinance requires inspection by the Building Inspector, one Council member, and one member of the Planning and Zoning Board. Mayor Karth said Mr. Mobley had called him and apologized for the mistake. This matter had began last year and had dragged out to the point where he had forgotten about the requirements of the ordinance. Mr. McLean also introduced the matter of the house numbers in the Otter Lake Estates. Some change is necessary in that area. Mr. McLean felt that perhaps a change in the name of the East /West portion of the street might solve the problem. He suggested that the residents be allowed to choose a name by petition. This petition would also state that the responsibility of changing necessary legal papers would be that of the residents. The Clerk will type such a petition for Mr. McLean. Mayor Karth reminded the Council that a new member is needed for the Personnel Commissioj. He presented the names of Mr. Randy Ringaman and Mr. Clifford Johnson for Council consideration. Mr. McLean moved to appoint Mr. Clifford Johnson to a position on the Personnel Commission. Seconded by Mr. Kulaszewicz. Motion declared passed. The Park Board had questioned the development of the Parks in the Sunset Oaks plat. The Clerk is to research the minutes on the motion requiring this action on the part of the developer. 1 1 Mayor Karth reported that the Park Board will be working on their budget requirements III for 1979. There was some discussion on the status will not take any action uless there is is to write and remind her that she has mises. The building will be taken down of Mrs. Billik. Mr. Zelinka felt that she some pressure from this Council. The Clerk until October 30, 1978 to vacate the pre - before winter. It was suggested that perhaps one the neighbors should be contacted and told of the August 28, 1978 situation and ask for their assistance. The Clerk will do this. 155 Mr. Locher presented the status of the Roninson problem with the collection of the SAC for the two new homes constructed. He read the agreement he had prepared. The Robinson's Attorney and objected to the date of Dec. 20, 1978 for the resolving of this problem; and objected to the escrow money bing paid to the MWCC. This Attorney asked that the date for solving this problem be extended to Dec. 30, 1979 and that the escrow money be returned to the Robinson's regardless of the outcome. The Robinson's felt the City should take Court action against the MWCC to delete this portion of the City from the requirement of paying the SAC. The Council could agree to the change of the date but not of returning the escrow money. If it is decided that SAC must be paid on these two homes, then that amount will have to be paid by the home owners and not this City. Mr. Locher will take this back and keep the City informed. There is also a court case involving Mr. Forrest Tagg on the operating of a sand balsting business out of a building that was erected without a permit on the status of a farm building. This involves land use. Mr. Locher will report back on this matter. Mr. Gotwald has checked the request for buried cable from Northwestern Bell Telephone to be installed on 4th Avenue between Main Street and Andall Street and recommended approval. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. Mr. Gotwald presented the Council with the preliminary plans for the upgrading of Birch Street by Anoka County. The bids will be let this Fall for construction next Spring. The work on LaMotte Road should be starting on August 29, 1978. The work on East Sgadow Lake Drive extension and the North 200' in Shenandoah by the lift station should be done within the next couple of weeks. Mr. Gotwald reported that all new street installation within the new plats in the City are being inspected as they are installed. The firm keeps a close watch on all these streets. Mr. Gotwald showed the Council a topog map of the park area along 7th Avenue and felt this should be doubled in size and several printed. These could then be used by whom ever does the planning for that park area. Mr. McLean moved to authorized Mr. Gotwlad to complete this work. Seconded by Mr. Zelinka. Motion decalred passed. Mayor Karth questioned the status of 24th Avenue - is this a City street or is it a County Road? There was discussion on this matter with the general consensus being this a jointly owned street between Lino Lakes and Hugo. Mr. Zelinka suggested discussing this matter with Hugo at the special meeting scheduled for Sept. 6, 1978 and that perhaps a joint petition for the Commissioners of Anoka and Washington Counties could be formulated and forwarded for some action. The Clerk is to put this on the SEpt. 6, 1978 agenda. There had also been some contact with Mr. Burman on this matter about four years ago. Mayor Karth will contact Mr. Burman on this. Mr. Schneider asked that the unfinished list be updated for the Council and be kept up to date. One of the items not discussed is the possible change in the hunting boundary lines as they now exist. Chief Myhre had drawn a map showing the present limtis as set by the City, the area of the Chain of Lakes Prk, and the area he felt could be included in any new regulations. There was no action on this. Mr. McLean should present to the Planning and Zoning Board 156 August 28, 1978 for their recommendations. The matter of the placques for retiring Board members and the drainage problems on Lakeview are two items not taken care of this year. Mr. Gotwald said he would meet with Mr. Volk to go over this Lakeview area for recommendations to solve the problems. It might be that extensive work will have to be done and the costs assessed to the abutting property owners. The Clerk was instructed to add Mr. Billik to the list of unfinished business, and to put the Federal Revenue Sharing Statement of Assurances on the Sept. 11, 1978 agenda. The Clerk was instructed to contact Mr. McGowan and ask for a bidner on the long term disability insurance for members of the Police Department. Chief Myhre presented specifications for a new squard car, one for a carry -all such as the last one was, and one set of specifications for a smaller car. There was discussion on the pros and cons of each type of automobile. The costs for maintenance was discussed, as was the durability of the vehicles. No decision was made on this matter at this time. Mr. McLean moved to approve Checks #9043 through and including #9067. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to adjourn at 11:20 P.M. Seconded by Mr. Zelinka. Aye. These minutes were corrected and approved at the September 11, 1978 meeting. /1, Edna L. Sarner, Clerk- Treasurer September 11, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., on September 11, 1978, by Mayor Karth. Countil members present, Kulaszewicz, McLean, Schneider, Zelinka. Absent; None. Mr. Locher will arrive late. Mr. McLean moved to approve the minutes of August 23, 1978 as presented. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to approve the minutes of August 28, 1978 as presented. Seconded by Mr. Kulaszewicz. Motion declared passed. The Clerk presented the following items for Council consideration: ....A request for a beer permit from St. Joseph's Catholic Church was read. This is for a Polka Dance to be held on October 7, 1978. Mr. Zelinka moved to approve. Seconded by Mr. Schneider. Motion declared passed. ..The Minnesota Citizens Concerned for Life Centennial Chapter had requested the use of the Hall for September 26, 1978 to hold a public meeting. Mr. Schneider moved to approve this request. Seconded by Mr. McLean. Motion declared passed. ..The Council was reminded of the necessity to pass the Metropolitan Industrial Waste Ordinance. The Clerk was instructed to mail copies to all Council members and put on the next agenda. ..Northwestern Bell had notified the City of the intent to install underground cable along Main Street East fro West Rondeau Lake Road. This is in a County