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HomeMy WebLinkAbout10/23/1978 Council Minutes176 October 23, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on October 23, 1978, by Mayor Karth. Council members pre- sent; McLean, Zelinka. Absent; Kulaszewicz, Schneider. Mr. Locher and Mr. Gotwald were also present. Mr. Zelinka moved to approve the minutes of October 10, 1978 as present- ed. Seconded by Mr. McLean. Motion declared passed. Mayor Karth introduced Marge Christianson from the Clean Air Committee. Ms. Christianson gave a brief explanation of the Federal Clean Act and the effects it could have on this community. Ms. Chrisitanson felt that Lino Lakes would only become involved in the vehicle inspection process. She informed the Council of a conference to be held in January on the 10th or the llth , that a member of this community should plan to attend. She will keep the Council informed and will ask for a liaision at a later date. The two major issues in the State's Plan will be 1) plan for maintaining the clean air areas that now ixist and 2) vehicle inspection plan. The vehicle inspection plan will only be done in the seven county metro area and will be contracted out by the State. Mayor Karth thanked Ms. Chrisitainson for her time and information and asked that she keep the City informed. The Clerk presented the following items for Council consideration: ..Municipal fines for the month of September was $408.00 ..The Parten- Teachers - Student Group of the Lino Elementary School had requested a Bingo permit for November 17, 1978. Turkeys will be given as prizes. After some discussion, Mr.McLean moved to approve this request. Seconded by Mr. Zleinka. Motion declared passed. ..Mrs. Margie Roisum, City Assessor, has presented a request for re- imbursement for mileage and parking in the course of attending continuing education courses for certified assessors. She has applied for a sbholar- ship to cover the cost of the tuition. Mr. McLean moved to approve this request. Seconded by Mr. Zelinka. Motion declared passed ..Mr. Herbst had called in response to the letter written concerning the old gravel pit and he will be contacting Mr. McLean at home. ..A copy of the Lexington Fire Report for September is on file in the office for inspection. Mayor Karth presented a request from the Parent's Club from the Lino Elementary School for money to assist in their Halloween Party. After some discussion, Mr. McLean moved to donate $25.00 to this program. Second- ed by Mr. Zelinka. Motion declared passed. The Public Hearing on Ulmer's Rice Lake Add. #3 was called to order at 8:30 P.M. Mr. Locher read the notice of legal publication. Mr. McLean presented the Planning and Zoning Board's recommendations of approval with the stipulation that the perc tests and soil borings be checked by Mr. Gotwald. Mr. Ulmer had brought them to this meeting and Mr. Gotwald was in the process of checking those reports. Mr. Gotwald said that one out of isx holes show a depth of seven feet to the water table, all others show a depth of from nine to fourteen feet, so there should not be any problems with the water table in that area. The perc tests also indicated this is a good area for on -site septic systems. Mr. Gotwald asked Mr. Ulmer to indicate a 20' drainage easement 1 1 17 October 23, 1978 on the South line of the final plat and Mr. Ulmer agreed that he would do this. There were no questions or comments from the audience/ Mr. McLean moved to approve Ulmer's Rice Lake Add. #3 with the following stupu- lations; 1) a 20' drainage easement along the South line of the plat to be on the final plat, and 2) money to be received in lieu of land for Park purposes to be paid before the hardshells are signed. Seconded by Mr. Zelinka. Motion declared passed. Mr. Zelinka moved to close the hearing at 8:45 P.M. Seconded by Mr. MCLean. Motion declared passed. Mr. Zelinka questioned the street light requirement that had been discussed. Mr. McLean said an Ordinance must be written setting forth the design and spacing. This should be taken care of in the very near future. A gentleman from the audience asked what happens to the money for Parks and he was told this money is put in a dedicated fund and used for the acquisition of park lands and the development of those parks. The money is used only for park purposes. Mr. Frazer, from the audience, asked what size lots were required in a plat and he was told, one acre, with 150' frontage on the street. Mayor Karth presented bids for a business radio system for the road department. Mr. Volk had obtained three bids, 1) Regency - 40 watt system - 2760.00; 2) Aid -Com - 25 watt - 3957.00; 3) GE - 25 Watt - 3438.00. The original quote on the Regency will be raised by 10% in one week. This system is in the 1979 budget and of ordered now will not be received until some time in Janurary and will be apid from the 1979 budget. The specs on the system was questioned and Mayo Karth said this is a 40 watt syste, 4 frequencies, 3 mobile units and one base station. After some discussion on the system, Mr. McLean moved to authorize the purchase of this radio system Seconded by Mr. Zelinka. Motion declared passed. The Public Hearing on Ordinance No. 26A, amending Ordinance No. 26 was called to order at 9:00 P.M. Mr. Locher read the legal publication of this hearing. This Ordinance defines the animals, does not change the ordinance dealing with the control of dogs and adds Section 2A on controlling the nuisance. Mr. Locher read the definitions of the various catagories of animals and the restrictions. Mayor Karth asked for questions from the audience and Mr. Frazer asked when this would become effective and was told, as soon as the Ordinance is published. Mr. McLean moved to approve the adoption of this Ordinance. Seconded by Mr. Zelinka. Motion declared passed. Mr. Zelinka moved to close the hearing at 9:07 P.M. Seconded by Mr. McLean. Motion declared pased. Mr. Brian Dobie presented the Council with a copy of the layout of the 80 acres he is developing to the North of Main Street. He also pre- 178 October 23, 1978 sented a topog map of the area. Mr. Dobie said he was present at this meeting to dedicate a road right -of -way and to get Council approval on the manner of construction. Mr. Dobie said he had consulted with Mr. Locher, Mr. Mobley, the Plann- ing and Zoning Board and the Rice Creek Watershed Board. Mr. Dobie felt that he had cleared all the areas needed for this area. Mr. Dobie is proposing to put the street in as a rural section which would be comprised of a 26' driving surface with 4' graveled shoulders without curbs. Mr. Zelinka questioned the maintenance of this type of street construction and Mr. Gotwald felt this would not present any problems. In fact, it might prove to be better in that the snow plows do not have to be con- cerned with curbs, the ditches would provide better run off, and the culverts are approximately 300' apart. This would also be approximately a 5 ton road which is more than the City requires. Mayor Karth questioned Mr. Dobie's purpose at this meeting - for the pruposes of Council accepting the right -of -way and accepting his plans and specifications for the construction of the street? Mr. Gotwald said, basically this is the time plan, 1) dedicate the right - of -way and obtain acceptability of the road design by this Council; 2) the next step is to post a letter of credit for the construction of the street; 3) then building permits may be issued. Mr. Zelinka presented the proposal from the Park Board that lands being split in this fashion should be required to contribute in some manner to the Park fund. Mr. Dobie said he had purchased this land and developed according to the rules of the game and felt the large lots was the best use of the land. He felt that in developments of this sort, the 10% requirement would be prohibitive. Mr. Zelinka said the Park Board felt this should be on the building permits, and not necessarily on the developer. This will be discussed more at a later date. Mr. McLean moved to accept the right -of -way and the proposed street de- sign of the Dobie development. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean presented the actions of the Planning and Zoning Board from their meeting of October 18, 1978. Mr. Jim Frishman had applied for a variance to split the lot his home is on into two parcels. On checking the survey as presented, it was found that this would leave one lot of less than one acre due to the location of Holly Drive. Mr. Gotwald has been asked to check this matter. Mr. Gotwald had found that Holly Drive, as laid out in the old Road Book, should be located on the section line. Over the years, it appears that the Street has meandered to the North. Mr. Gotwald was asked to go through this with Mr. Frishman for some alternatives to the problem of splitting this lot. Mr. Gotwald felt that perhaps that an easement from Mr. Frischman to the City might solve this problem. Mr. McLean moved to authorize Mr. Gotwald to contact Mr. Frischman and work with him to present a possible 1 1 1 October 23, 1978 alternative. Seconded by Mr. Zelinka. Motion declared passed. Mr. and Mrs. Ostlie, of Lake Drive. had applied for a variance to construct a pole building nearer the highway than the house. This is caused by the placement of the home on the rear of the lot. The Planning and Zoning Board had recommended approval of this variance. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. The plat of Carole's Estates II had been considered by the Planning and Zoning Board and all corrections requested by that Board had been made. Mr. Gotwald asked that a 10' drainage easement be put on the rear of all lots in Block 2. Money to be received in leiu of lands for Park purposes from this plat is $3850.00. Mr. McLean moved to approve this preliminary plat with the following stupulations; 1) a 10' drainage easement to be recoreded on the rear of all lots in Block 2, 2) accept mone ($3850.00) in leiu of lands for park purposes; and 3) all lots fronting on Lake Drive be recorded as commercially zoned for the protection of the prosepctive buyers. Seconded by Mr. Zelinka. Motion declared passed. There was some discussion as to the requirements of a turn around driveway on the lots fronting on Lake Drive to avoid backing onto a County Road. This is a part of the construction process and cannot be recorded on the plat as such. Mr. McLean moved to set a public hearing on this plat for November 13, 1978 at 8:45 P.M. Seconded by Mr. Zelinka. Motion declared passed. Mr. Jim Manning had appeared before the Board with some sketches for a garage he is constructing at his home on Linda Street. Mr. Mobley had thought the set back rules were being violated but after some discussion, it was decided that Mr. Manning is within the aloowable footage. How- ever, Mr. Mobley had inspected the building and had found several questionable items and had written a letter. Each Council member has a copy of that letter. After some discussion of this matter, the Clerk was instructed to write to Mr. Manning informing him that a full set of plans and specifications and full disclosure of the intended usage of that building. When this material is available for Council con- sideration, then the Council will put Mr. Manning on the agenda. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. The Forest Tagg problems were to be considered at the Planning and Zoning Board, but Mr. Tagg had sent his son to answer the questions and he did not have any answeres. Mr. Locher was asked to put the decision arrived at in the course of Mr. Tagg;s meeting with he and Mr. Mobley in written form for Council consideration and no action will be taken until this material is available. The Planning and Zoning had questioned a construction trailer parked on Lake Drive near the body shop and had requested the Police Chief to have it removed. Chief Myhre had said that he did not have the authority to require this removal of this unit and the Planning and Zoning asked if the current ordinance does not give him this authority, then what is necessary to insure that matters of this sort can be handled by the Police Department? Mr. Locher felt the Police Depart- ment is given that authority in the ordinance and Chief Myhre should contact him if he has a question. 180 October 23, 1978 Mr. Volk and Mr. Mobley were asked to check the Molin operation on the reported expansion o-f the storage yard. The Clerk had been insturcted to pull the file on this operation. It was felt that perhaps Mr. Gotwald should also check this out. Mr. McLean moved to have Mr. Volk, Mr. Mobley, and Mr. Gotwald check the Molin operation for conformity. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean presented some areas he felt needed some consideration by Council for possible changes in the City's position. Such as re- quiring all lands being developed, regardless of lot size, to go through the platting process. Mr. Gotwald said some of the objections to platting was the costs of hardshells. Mr. Locher said this County no longer requires hard skells. Mr. Gotwald felt the Council should be flexiable in what is required with lots of 2 acres. He asked what the State Statutes require and Mr. Locher saind anything under 5 acres with less than 300' frontage can be required to be platted. Mr. McLean felt the Council should examine the City's position in these matters for possible changes. Another area that should be considered is the requirements for street construction. Mr. Gotwald felt that areas with 2 acre lots could perhaps go to the rural section for street construction. He felt any changes should be flexiable enough to include this possibility. He also felt that the requirement of having the City Engineer present when gravel and blacktop is being installed is a must. Mr. McLean asked each Council member to list out the points that he felt should be discussed and a possible agenda could be made from this. Mr. Zelinka reported on the actions of the Park Board. They had re- quested permission to change their meeting date from the 3rd Monday of the month to the 1st Monday of the month. This change to become effective January 1979. The Board also passed a Resolution authorizing the use of $4,000.00 to $6,000.00 for the construction of the Park facilities in the storage building being constructed for the Road Department, with the stipulation that when this area is returned to general use, the money be refunded to the Park fund. The Park Board had also discussed and agreed that . park money should be required as a part of a building permit on all new homes. Mayor Karth suggested that discussion of this matter be included in the list that Mr. McLean had suggesed and picked up in the discussion of platting the land. 1 1 Mr. Gotwald said this is done by many cities and yet there are many cities who do not require any money for any platters. If a park is to be obtained and developed, it is done by assessment to all citizens. He said on the the problems of establishing a value on a building regardless of the size of the lots would be in the construction of an apartment building. Mr. McLean moved to authorize Mr. Locher to investigate Cityies that have such a requirement and obtain a copy of their ordinance and work out a system for this City. Seconded by Mr. MCLean. Motion declared passed. October 23, 1978 Mr. Dobie presented his objections to this sort of requirement. He felt some formula might be workable - if it were based on something other than user, ti would not be feasible. Mr. Locher reported that he and talked with Dri Sapiro's office and they will not release any information without authorization from Mr. Kirschbaum. Mr. Locher had received that authorization on this date and will forward to the Doctor. Mr. Gotwald reported that LaMotte Road is completed and an excellent job done. He will get togethere with Mr. Volk for the final inspection and wirte a letter of recommendation along with a final estimate of costs. That new portion of East Shadow Lake Drive is completed. The Clerk re- ported that she had had a call from an owner who said he now has a man- hole in the middle of his yard. Mr. Gotwald agreed and said easements will have to be obtained from those land owners since the street had been changed with Lakes Add. #3 had been platted. Mr. Bob Peterson has installed the cul -de -sac in Lakes Add. #4 and that is in good shape. Also, there has been about 1'5 miles of new streets constructed in Sunset Oaks along with the ponding area. Sunset Estates is paved, bu this was done without the Engineer's knowledge and hw will be requiring core samples form that street in order to be sure it meets City requirements. Pine Vista II and Pine Haven should be done this week. Totem Trail and Arrowhead Drive are also being completed. Mr. Gotwald had checked the request from Morthwestern Bell for the installation of buried cable to serve the Pyle's Add. on Pine Street. This cable is being buried along the street to the South of this addition. Mr. Gotwald recommended approval of the request with the stipulation that if the lines must be moved in the future, this would be the re- sponsibility of Northwestern Bell. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. Mr. Gotwald has also checked the schematic from Anoka Electric for the placement of buried cable in the Sherwood Green Addition. He recommended approval. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to approve requisitions #867 and 868, holding #866. Seconded by Mr. Zelinka. Motion declared passed. Mr. Zelinka moved to approve Checks #9181 through and including #9203, with #9185 bieng void. Seconded by Mr. MCLean. Motion declared passed. There was some discussion on paying some of the smaller amounts out of petty casy. Also, Chief Myhre to requisition his film for a couple of month. Mr. Locher reported on a questionaire survey on the handling of the implied consent cases. There is a suggestion that the handling of these cases should be transferred from the Attorney General's Office to the local Attorney's. Mr. Locher said this move would cost the City a tremendous amount of money in legal fees and he recommended that this City write to their representatives and state their objections to this move. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. Mr. L, 182 October 23, 1978 Mr. Locher also reported on the ticket given to one of the City dump trucks for having an overloaded rear axle. This truck had been loaded at Schifshy's and Mr. Locher had checked with that firm on who is responsible to adjust the load on the truck. They felt that it is the driver's responsibility, but they may consider paying the fine. Mayor Karth reported that the Ford Truck had to be towed in today. This truck has just been overhauled and both parts and labor are still under warranty. Mr. McLean moved to adjourn at 12:00 Midnight. Seconded by Mr. Zelinka. Aye. These minutes were approved at the November 13, 1978 meeting. Al Edna L Sarner, Celrk- Treas. November 13, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., November 13, 1978, by Mayor Karth. Council members present; Kulaszewicz, McLean, Schnieder. Absent; Zelinka. Mr. Locher was also present. Mr. Kulaszewicz moved to approve the minutes of October 23, 1978 as presented. Seconded by Mr. McLean. Motion declared passed. Mr. Kulaszewicz moved to approve the minutes of the October 30, 1978 meeting as presented. Seconded by Mr. McLean. Motion declared passed. The Clerk presented the following items for Council consideration: ..A letter from the Centennial School District requesting a list of names and addresses of new homes being built in District 12 to be forwarded to the school at the end of each month beginning December 31, 1978. This would be used to contact the home owners with infor- mation about the schools. Mr. McLean moved to approve this request with the stipulation that this same service be accorded to the Forest Lake and White Bear Lake School Districts. Seconded by Mr. Schneider. Motion declared passed. ..A letter from the Anoka County Attorney's office with a sample of a joint powers agreement, asking that this be authorized for signatures by this Council. This is necessary for the City to purchase fuels under the County's bid. Mr. Locher will look at this form. ..Two requests from Northwestern Bell Telephone for the installation of buried cable - one in Sherwood Green plat and one in the Sunset Estates plat. These requests have been approved by Mr. Gotwald. Mr. McLean moved to approve these requests. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Affidavit from the Forest Lake Times noting the change in the meet- ing scheduled by the Minnesota Municipal Board. The meeting has been postponed until November 22, 1978 at 9:00 AM at the Lino Lakes City Hall. ..A set of aerial maps has been received from the Metropolitan Council. These photographs were flown in the Spring of 1978 ..The deeds for the Park lands on 7th Avenue have been received. These will be added to the insurance coverage and filed in the Safety Deposit box.