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
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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-
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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
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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.
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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.
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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,
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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.