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HomeMy WebLinkAbout09/25/1978 Council Minutes160 September 11, 1978 Mr. Schneider asked the Council for permission for the Lioness's Club to use the Hall for a Christmas Party for the children. This would be held on December 16, 1978 from 10:00 A.M. to approximately noon. Is there a charge? Do they need insurance? May they serve food? use electrical outlets? how many persons can be in the Hall? Some of these questions were discussed - no charges, Lions have adequate insurance, what kinds of food? Mr. Schneider wasn't sure - this will be worked out later. The number of persons - no decision. Mr. Schneider moved to approve this usage of the Hall. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to authorize the advertising for bids for a patrol car. Bids to be opened October 6, 1978 at 12:00 Noon. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to approve requisitions #857 through and including #859. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to approve checks #9075 through and including #9104, with #9082 to be corrected. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Locher reported that Mr. Dave Brodie had called about the area he is developing along Main Street. He had asked about the manner of financing the installation of the streets. Mr. Locher had given him the alternatives. He had also informed Mr. Brodie that the streets must be dedicated to the City before building permits will be issued. Mr. Locher had contacted MarDon Homes and they will make the necessary changes on the hardshells to make them acceptable for signatures. These must also be approved by the County Surveyor before they can be filed. The School Subdivision was checked by Mr. Locher and said it could be approved for signatures subject to the approval by the County Surveyor. Mr. Zelinka so moved. Seconded by Mr. Kulaszewicz. Motion declared passed. 1 Mr. Locher said he had made some corrections on the dates of the forms to be filed for the transfer of the two acres of land along Cedar Street. However, the corrections had been made and he had filed the forms. The Autidot's office felt it would take about two weeks for this to clear. Mr. Locher reminded the Council there must be a public hearing on the vacation of a portion of Lois Lane. Mr. McLean moved to set this hearing for October 10, 1978 at 9:15 P.M. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to adjourn at 10:10 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were approved with corrections at the September 25, 1978 meeting. reLl "ii Edna L. Sarner, Clerk- Treasurer September 25, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on September 25, 1978 by Mayor Karth. Council members present; Kulaszewicz, McLean, Schneider, Zelinka. Members absent; None. Mr. Locher and Mr. Gotwald were also present. !Fr— September 25, 1978 161 1 1 1 Mr. Kulaszewicz moved to approve the minutes of September 11, 1978 with corrections. Seconded by Mr. McLean. Motion declared passed. The Clerk reported that teh Statement of Assurances of the Federal Revenue Sharing Funds will have to be signed and mailed September 26, 1978 so that it will arrive in Washington before September 30, 1978. The mining permit for Mr. Marcel LeRoux has expired and will have to be renewed. Mr. Gotwlad said he would have more on this in his report. Mr. McLean asked who set the escrow figure on the permit for road repairs. He felt this was the duty of the City Engineer, not the street supervisor or the building inspector. Mayor Karth had received a letter from the Metro Clean Air Committee requesting a few minutes on the agenda for late September or early October to explain the new Clean Air Act. The Clerk was instructed to contact Barbara Hughes and invite her or some one from this Committee to attend the October 10, 1978 Council meeting. Mayor Karth had received a letter from Maurice Robins, Special Consultant to the Metro Waste Control Commission requesting that the City of Lino Lakes adopt a Resolution or ordinance expressing support of the Metro Waste Control Controls Strength Charge System. Mayor Karth felt a Resolution would be sufficient. Mr. McLean moved to adopt a Resolution supporting the Metro Waste Contro Commission Strength Charge as per the sample 34 -78 passed by the City of Minnestrista and reads as follows: RESOLUTION "RESOLUTION IN REGARD TO THE METROPOLITAN STRENGTH CHARGE ORDIANCE" WHEREAS, the Metropolitan Waste Control Commission has requested the City of Lino Lakes to adopt a local ordinance prividing for industrial strength charge; WHEREAS, the Metropolitan Waste Control Commission asserts that the requirements of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92 -500) obligates the Cith of Lino Lakes to adopt said Ordinance when applicable; WHEREAS, the City of Lino Lakes presently has no land which is utilized for industrial use within the sewered are of the City; and WHEREAS, it is not presently contemplated that the City of Lino Lakes will, in the foreseeable future have any industrial zoning or industrial use within the MUSA Line of the City; and WHEREAS, the City of Lino Lakes supports the concept of the Industrial Strength Charge: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes as follows: 1. That the City has not presently enacted an Industrial Strength Ordinance: 2. That the City supports the concept of an Industrial Strength Charge Ordinance: 3. That if at any time in the future the possibility of any industry in the City becomes a reality, that the City of Lino Lakes reconsider the concept of passing a local ordinance providing for industrial strength charge. Passed by the City Council this 25th day of September, 1978. Ayes (5), Nays, (0). Edna L. Sarner, Clerk- Treasurer Harvey F. Arth, Mayor 162 September 25, 1978 Mr. Kulaszewicz seconded the motion. Motion declared passed. Mrs. Liljedahl had given Mayor Karth the names the students at Lino School had pro- posed for the park located next to City Hall. Mr. McLean proposed that a selection of the name be laid over until the October 10, 1978 meeting. Mr. Zelinka suggested that each Council member select three names and bring their selection to the October 10 Council meeting. Mr. McClellan, Superintendent of Centennial Schools was present to tell the Council about last summer's recreation program. Mr. Cliff Holmann, Community Education Director and Mrs. John O'Brien also accompanied him. Mr. Holmann presented the Council with a report of this previous summers program and Mr. and Mrs. O'Brien further explained the summers activities and what were the merits of the program. Mr. Zelinka asked how the participants were selected and Mr. O'Brien said about 3,700 fliers were sent to homes including some Forest Lake School District homes. He explained each participant paid a nominal fee for participating. Mr. Holman ex- pressed his desire to see the program expand and gave his telephone number (784 -0427) for anyone to contact him about this program. Mr. McClellan said he knew it had been difficult for Lino Lakes to contribute to the support of this program in the past but asked that the Council consider supporting the program for next summer. Mr. Zelinka said one problem this City faces is that it is a part of three school districts and if the Council contributes to one school program it should contribute to all school programs. Mayor Karth said that the Council will consider this request at budget hearings and thanked Mr. McClellan for coming. Mayor Karth opened the public hearing for the Planned Use of Federal Revenue Sharing Funds. Mr. Schneider asked if there were any suggestions on the use of these Federal Funds. He explained it will be used for such capital outlay items as a squad car, radar, radio system, etc. Mr. Schneider moved to close the hearing at 8:40 P.M. Mr. McLean seconded the motion. Motion declared passed. Mayor Karth introduced Mr. Lee Starr, a staff member of the Metropolitan Physical Development Committee. Mr. Starr explained the reason he was here tonight was to clarify the Metro Council's stand relative to the Lino Lakes Interceptor. There remains two primary issues to be resolved. One is septic tank monitoring and the second is density. He noted the ordinances and permitting procedures already intitiated by the City. Mr. MCLean explained the City plans to adopt by Resolution WPC -40 at the time it is finalized. Mr. Starr explained that although WPC -40 requires septic tank monitoring, it does not spell out how the systems are to be monitored. Mr. McLean asked Mr. Starr if the Metro Council was requiring every other Community to monitor septic systems and Mr. Starr said, No, not yet. Mr. Starr explained Andover is presently monitoring systems by sending a post card with several questions on it to all septic system users. It does not involve inspectors to enter private properties, the owner checks the system, fills out the card and returns it to the City. If the tank has been pumped recently the owner lets the City know. If the owner does not return the card within a reasonable amount of time, the City inspects .the system. Mr. Zelinka said filling out a card is not a meaningful tool of monitoring. It's just giving lip service, it encourages residents to lie. Mr. Starr felt it would 1 1 September 25, 1978 l 6 1 let the City know what is going on. Nor. Zelinka asked how do you justify to a home owner the opening of his sealed septic system? Mr. Starr felt it was good that the City intended to adopt WPC -40 but the problem remaining was a workable way to see that WPC -40 is carried out. Mr. Schneider did not see that problem in that the City has already gone on record saying it will adopt WPC -40. Mayor Karth said the Metro Council is telling the City to determine a way to monitor. Mr. McLean felt there was no need of "Big Brother hanging over our shoulder, that is to say, if you can't do this, we won't do some- thing else." In regard to the density problem, Mr. Starr stated that presently the City has a 24 acre density standard. Mr. McLean noted it was one acre in platted areas. Mr. Starr said that this was and is now a very difficult issue. He felt the City should adopt some standardthat is consistant with Metro framework. Mayor Karth explained that the City's position is that a large amount of the City cannot be developed due to poor soils and considerable Metro Open Space and felt Metro cannot impose ever stricter standards. Mr. Starr explained Metro Countil's concern is that the City may be creating a premature demand for Metro Sewer Service. Mr. Starr also asked if the City has the ability to provide othere services to this density? Mr. McLean asked what services, police, fire, etc.? Yes, we can provide Metro Council with assurances that the City can provide these services. Mr. Starr said there is a need for this City to come to Metro Council and talk about these problems. Mr. Starr said a workable monitoring septic system will put the density issue to bed and then the interceptor can be used to full potential. Mayor Karth asked why Metro ever cares, they do not provide any funds to Lino Lakes and Mr. McLean noted that the City is not asking for any funds. Mr. Starr stated the bottom line to this whole matter is a way to monitor WPC -40. Mr. McLean asked "What if we say on our honor we will do something at the time we adopt WPC -40 ?" Mr. Starr felt this would not be sufficient. Mr. Zelinka moved that upon being presented with the official WPC -40 Rules, the City will adopt some type of septic system monitoring. Seconded by Mr. McLean. Motion declared passed. Mr. McLean asked Mr. Starr if this motion will take care of the density problem as well and Mr. Starr said this will have to be discussed but did not see any problem with the above resolution. Mayor Karth asked when the Physical Development Committee could come out for a meeting? Mr. Starr said he was not sure if the Committee would come out, they do not usually meet in individual communities. Mayor Karth asked how long it will take to get on the Physical Development Committee agenda? Mr. Starr said he would find out and get back to this Council. Mr. Schneider moved to have Mayor Karth sign the Federal Revenue Sharing Statement of Assurances. Mr. McLean seconded the motion. Motion declared passed. Mr. Schneider explained the engagement letter received from Anfinson, Hendrickson and Company for the 1978 audit. Mr. Schneider moved to have Mayor Karth sign the engage- ment letter. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean presented the following report from the Planning and Zoning Board meeting 164 September 25, 1978 held on September 20, 1978, Mr. McLean explained that the Engineer's report had not been received regarding Ulmer's Rice Lake Addition III. He asked Mr. Locher if a public hearing could be set at this time with the stipulation that the plat must be passed at the Oct. 18, 1978 Planning and Zoning Board meeting? Mr. Locher said this was permissable. Mr. McLean moved to set a public hearing for Ulmer's Rice Lake Addition III for October 23, 1978 at 8:30 P.M. dependent upon a favorable approval from the Planning and Zoning Board. Seconded by Mr. Kulaszewicz. Motion declared passed. The Variance request from Mr. Lee Robinson was tabled until a survey with a legal description is received. Mr. Van Kleek had asked for a variance to split a parcel of land of less than 24 acres in size. After talking with Mr. Dobie, the adjoiniyglandowner, he decided to withdraw his variance request. Mr. and Mrs. Harry Hughes have requested a variance to add a parcel of less than 24 acres to a parcel they already own. Mr. McLean moved to approve this variance to combdneparcels A,B, &C as described on the survey into one legal description. Seconded by Mr. Zelinka. Motion declared passed. Mr. James Spears applied for a variance to keep a fence he has already constructed that is 6' in height from the rear of his house to the front street right -of -way. Mr. McLean explained the ordinance requires that fences not be more than 34 feet in height from the rear of the house to the street right -of -way. However, the Planning and Zoning Board had recommended that the variance be granted for the portion of the fence from the front of the house to the rear of the house only. Mr. McLean moved to grant a variance for a fence 6' in height from the rear of the house to the front of the house and the entire fence must have a 30% air space. Mr. Zelinka seconded the motion. Motion declared passed. Mr. Forest Tagg had requested a variance to conduct a sand blasting business on his property. The variance was tabled for further information. Mr. Klenck applied for a variance but sent a letter requesting withdrawal of his request. Mr. Robert Sorg, Jr. applied for a variance for a long driveway over 300 feet in length. Mr. McLean moved to approve this variance with the understanding that the landowner is responsible for the maintenance of the driveway. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Menkveld had presented a plat of Caroles Estates II. However, the information was not presented to the Clerk for distribution to the Planning and Zoning Board members and the plat was not considered. Chief Myhre had drawn a map of the hunting boundaries for the Planning and Zoning to consider. No action was taken. El Rehbein & Son had presented a variance to set a house 28' rather than the re- quired 30' from the street right -of -way. The footings were already poured and the Planning and Zoning Board had recommended approval of this variance. Mr. McLean said he could not see any reason to grant this variance since the footings could be changed. Also there are five other lots in this area that also have poor foot- ing conditions and if this variance is granted there may be other requests. The Building Inspector also agreed to work with the builder to make the lots buildable. Mr. McLean noted that if you take into consideration the front step that houses the September 25, 1978 the well tank under it, the house will be 24' from the road right -of -way instead of the required 30'. Mayor Karth suggested the water tank would be put in another location and then the house will be 28' from the street right -of -way and the variance could be issued. Mr. Blackbird, representing El Rehbein & Son was in the audience and explained that the well or step all could be sealed off and asked the Council to grant a variance for the remaining 2'. Mr. McLean felt it should be done right. Mr. McLean moved to deny the variance for El Rehbein & Son. Mr. Zelinka seconded the motion. Mr. McLean voted Aye, Mr. Zelinka, Mr. Schneider, Mr. Kulaszewicz voted, Nay. The motion failed. Mayor Karth asked for a motion to approve the variance. Mr. Schneider asked how much of the basement was completed. Mr. McLean said only the footings were poured. Mr. Zelinka asked if any blocks were laid, Mr. McLean said, No. Mr. Schneider and Mr. Zelinka said they had misunderstood how far this construction had progressed. They thought blocks had been laid. Mr. Zelinka moved to deny the variance. Mr. McLean seconded the motion. Motion declared passed. Mr. Gotwald had prepared a topog map of the Park on Reshenau Lake. He suggested that a topog map of the park land in the plat West Oaks of Bald Eagle be prepared as well. These maps will aid in determing how best to develop these parks. There was discussion about obtaining title to the park property in West Oaks. Mr. Zelinka moved to have Attorney Locher contact Homer Bruggeman and prepare abstracts for this park. Mr. McLean seconded the motion. Motion declared passed. Mr. Zelinka moved to have Mr. Gotwald prepare a map defining the park area as he did for the park on Reshaneau Lake. Mr. McLean seconded the motion. Motion declared passed. Mr. Gotwald said he is getting concerned about the number of ponding areas in the new plats. He asked if these ponds should be deeded to the City? He suggested that he, Mr. Locher and any other interested persons should get together to determine if these ponding areas should be City property. Mr. McLean said he would like to be involved in this process. Mr. Zelinka suggested that the Planning adn Zoning Board should also be involved. Mr. Gotwald explained that presently the ownership of ponding areas remains with the plat owner. However, a storm water management study should be made maybe with the idea that an area ponding system will be needed. Also Metro will be starting a storm water management study and it might be a good idea to be one stop ahead of Metro. Mr. Gotwlad asked if the City has received any documents on the ponding area in Schillings Sunset Estates. The Clerk will check with Mr. Schilling to see if a copy of the agreement Mr. Schilling and the adjoining landowner can be obtained for the office files. Mr. Gotwald said he has a very preliminary sketch of Mr. LeRoux's pit off 64th Street. He has not looked at it yet but will and write the Clerk a letter instructing her what is needed to reconstruct the street. He will also meet with Mr. LeRoux and the Building Inspector and determine how the mining should continue. He felt if it was done in a small area the City could monitor it easier. Northwestern Bell Telephone has notified the City of its' intention to bury cable along a stretch of Main Street East of Rondeau Lake Drive West. Mr. McLean moved to 166 September 25, 1978 approve this installation. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Locher reported he has examined the ahrd shells of MarDon Homes and there appears to be some discrepancies from the approved preliminary plat. Mr. Gotwlad noted that an approval from Rice Creek Watershed District must also be part of the file and asked the Clerk to see if it is in the office. He also noted that there should be an easement on the North edge of the plat labeled 'utility easement'. This easement could also be used to extend 79th street in the future. Mr. McLean moved to have Mr. Gotwald and Mr. Locher go over the differences between the approved preliminary plat and the hard shell and reconcile the differences so that this will be a proper final plat. Seconded by Mr. Schneider. Motion declared passed. Mr. Locher presented the Council with proposed Ordinance 26A amending Ordinance #26 defining the words'animal' 'fowl' and 'household pets' and by adding a section thereto prohibiting nuisances. Mr. McLean moved to set a public hearing for this ordinance October 23, 1978 at 9:00 P.M. Seconded by Mr. Schneider. Motion declared passed. Mr. Locher explained to the Council what has transpired regarding a two acre parcel of property adjacent to Cedar Street formerly owned by Mr. LaCasse and now owned by the City. Mr. and Mrs. Cunningham have purchased 37 acres South of Cedar Street. However, there is not enough road frontage for obtaining a building permit. The City has agreed to give Mr. and Mrs. Cunningham title to the two acre parcel by a quick claim deed, However, the title is bad. The gestion now is will this Council direct the Clerk to dign the deed? Mr. Schneider asked what expenses has this City incurred regarding this property. IIIMr. Locher said the City must have paid something for the land prior to November,1972 Mr. McLean moved to have Mr. Locher determine what his fees are regarding the propert and the initial cost of the property and authorized the Clerk and Mayor to sign the deed. Seconded by Mr. Zelinka. Motion declared passed. Mr. Locher read the letter he has written to Officer Jeffrey Kirschbaum stating that an appointment has been made for Mr. Kirschbaum for October 9, 1978 at 1:45 P.M. for a physical examination. Under Old Business, Mr. Gotwald asked at what point does this City require the pay- ment of dedicated park funds for newly platted areas. He was told just prior to signing the hard shells. Mayor Karth said he would like to set a special meeting with the Building Inspector to possibly write a job description. Mr. McLean felt this Council should first define his position. and then let him know what the Council's feelings are. Mr. Zelinka noted that some of his duties are set by ordinance. A special meeting was set for October 17, 1978 at 8:00 P.M. Mr. Schneider moved to approve requisitions #860 and 861. Seconded by Mr. Zelinka. Motion declared passed. Mr. Schneider moved to approve Checks #9106 through and including #9123, with #9105 being void. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to adjourn at 10:55 P.M. Seconded by Mr. Zelinka. Aye. These minutes were corrected and approved at the meeting of October 10, 1978 Edna L. Sarner, Clerk- Treasurer 1