HomeMy WebLinkAbout03/26/1979 Council Minutes220
March 12, 1979
Schneider, Motion declared passed.
Mr. Schneider moved to approve requisition #898. Seconded by Mr.
McLean. Motion declared passed.
Mr. McLean moved to approve checks #9491 through and including #9530,
with #'s 9504,9425 being void. Seconded by Mr. Kulaszewicz. Motion
declared passed.
Mr. McLean moved to adjourn at 12:15 A.M. Seconded by Mr.
Kulaszewicz. Aye.
These minutes were considered, corrected and approved at the regular
Council meeting held on March 26,1979.
Edna L. ar•ner, Clerk- Treasurer
March 26, 1979
The regular meeting of the Lino Lakes City Council was called to order
on March 26, 1979, at 8:00 P.M. by Mayor Karth. Council members present;
Kulaszewicz, Schneider, Zelinka. Ansent; McLean. Mr. Locher and Mr.
Gotwald were also present.
The minutes of March 12, 1979 were considered and corrected. Mr.
Kulaszewicz moved to approve the minutes as corrected. Seconded by
Mr. Schneider. Motion declared passed, with Mr. Zelinka abstaining.
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The Clerk presented the following itmes for Council consideration:
..The second quarter State Aod in the amount of $31,990.75 had been re-
ceived.
..Municipal fines for the month of February was $258.33.
..Mr. Joseph Davis had submitted his resignation from the Circle Pines
Utility Commission. Mr. Robert Doocy had been suggested as a replace-
ment. Mr. Zelinka suggested taking this under advisement and consult with
Mr. Doocy before any Council action is taken. Mr. Zelinka will contact
Mr. Doocy and report back to the Council.
..A letter from the Anoka County Attorney's office discussion the matter
of charges for Police Service to the County Park was read and discussed.
The Clerk is to resubmit the bills, make a copy of the Park Agreement
and circle the protion dealing with this matter and sent to the Anoka
County Attorney.
..The letter from El Rehbein & Son setting their disagreement with the
rexoning denial was read and discussed. This letter requests the
formation of an impartial board of seven persons to review the Council
action. The legality of this was discussed, with Mr. Locher saying this
Board would only have recommending powers. The only method of appeal is
through the District Courts.
Mr. Zelinka, who had been absent due to illness, felt he needed to be
brought up to date on the actions. Mr. Schneider had questioned a
statement in the letter on 'personal interest' and asked for clarificatio
Mr. Blackbird felt that Mr. Schneider, Mr. Reinert and Mr. Johnson, the
latter two from the Planning and Zoning, should have excused themselves
from the discussion and should not have voted on the issue.
Mr. Schneider said the he had attended one meeting on request and one
221
March 26, 1979
when the Association had been formed - he had kept an open mind on this
matter. He felt a Public Hearing had been conducted, all persons were
heard and any objections of this nature should have been presented at t
the public hearing.
Mr. Kulaszewicz questioned the statement 'Engineer's and Planner's
recommendations had been ignored'. Mr. Blackbird felt this was so. He
asked Mr. Gotwald to confirm this area could handle the density as to
water and sewer and Mr. Gotwald agreed.
Mr. Schneider asked Mr. Locher for an opinion of the 'conflict of interest'
and Mr. Locher felt this did not apply to Mr. Schneider. If Mr. Schneider
had solicited, either for or against the project, or had anything to gain
then he would have felt differently. There may be different feelings in
reference to the Planning and Zoning Board.
Mayor Karth asked for the Council's opinion on the request for an impartial
board. Mr. Kilaszewicz faet that any decision should be deferred until
Mr. Zelinka has had time to become knowledgeable of the problems.
Mr. Zelinka asked if the one year requirement for resubmitting this
application could be waived and Mr. Locher said, Yes, there are provisiona
for this action in the Ordinance. He had also consulted with an Attorney
from the League of Minnesotal Cities who felt the one year moratorium
would probably not stand up in court.
Mr. Zelinka felt, from the conversation at this meeting and the phone
calls he and received, El Rehbein could have been more specific in the
areas of siet appearance, concern for children. street design, impact on
City and Schools - more information should have been presented in these
areas.
Mayor Karth asked the alternative if the Council did not appoint an im-
partial Board and Mr. Balckbird said they would then file an appeal in
District Court. He felt the denial had been on the point of density and
this factor has never really been defined.
Mr. Zelinka moved to defer action on this request until the Council meet-
ing scheduled for April 9, 1979. Seconded by Mr. Kulaszewicz. Motion
declared passed, with Mr. Schneider voting, No.
Mr. Vi Schwankl and Mr. Donald Neff presented Mayor Karth an Award of
Appreciation for his participation in the Voice of America contest.
Mr. John Doyle was.on teh agenda, but he informed the Council that he
was not prepared for his preeentation at this meeting.
Mr. Clement Schmitz presented his request for connection to Circle Pines
utility system but was told this will not be possible until the City of
Lino Lakes completes the updating of the comprehensive alnd use plan
that would include this facility.
Mr. Gotwald suggested that perhaps this land should be rezoned since a
portion is now zoned commercial and is being platted for single family
residential. It would also need to be included in swere service area 2.
Mr. Schneider presented the financial report and indicated some areas of
concern but felt by postponing some of the planned projects, the an-
ticipated shortages could be avoided.
222
March 26, 1979
All Council members have their copy of the audit report and Mr. Anfinson
will be at a Council meeting soon to go over the report with the Council.
Mayor Karth presented the Planning and Zoning Reprot:
The Plat Twilite Acres II had been presented and the Planning and Zoning III
had recommended approval to the Council. Mr. Zelinka moved to approve
this preliminary palt and set a public hearing for Arpil 23, 1979 at
8:30 P.M. Seconded by Mr. Schneider. Motion declared passed.
Mr. Don Newpower had presented a sketch plat and will return with a
preliminary.
Pine Oaks Addition had been considered and the Planning adn Zoning
Board had recommended approval to the Council. Mr. Zelinka moved to
approve the preliminary plat and set a public hearing at 8:45 P.M. on
April 23, 1979. Seconded by mr. Schneider. Motion declared passed.
Arvor Lake Plat had been considered and the Planning and Zoning Board
had recommended approval. Mr. James Hill was present to represent Mr.
Blomquist. The open space area wss discussed. Mr. Zelinka moved to
approve the preliminary plat and set a public hearing at 9:00 P.M. on
April 23, 1979. Seconded by Mr. Schneider. Motion decalred passed.
Mr. Pete Nadeau had presented a preliminary sketch and will return with
a preliminary plat.
Mr. Krube appeard for information for converting the use oftthe ise pf
the Aragon Ballroom from a dance Hall to a chruch. The current owner
of the land was concerned with teh loss of the use of hte property if
somehow the church failed. The consena.s of the Council was that the -
present owner should apply for a rezoning and thus protect the current
use of the property. This information will be given to the owner.
Mr. Jim Frishmon had applied for a variance to split his lot and had
found that a protion of Holly Drive is on his land. Mr. Frishmon had
prepared wuit claim deeds for that protion of land. The Planning and
Zoning had recommended approval of this split. Mr. Zelinka moved to
approve the variance for the split of this lot. Seconded by Mr.
Kulaszewicz. Motion declared passed.
Mr. Kulaszewicz moved to accept the deeds for the street and public
utlity easement. Seconded by Mr. Zelinka. Motion declared passed.
Mr. Wahlberg had applied for a variance to split a parcel of land of
less than 22 acres and a request to rezone this parcel to R2. The
Planning and Zoning Board had recommended approval Mr. Zelinka moved to
approve the variance for the split. Seconded by Mr. Schenider.
Motion declared passed.
Mr. Zelinka moved to set a public hearing on the rezoning for April 23,
1979 at 9:15 P.M. Seconded by mr. Kulaszewicz. Motion declared passed.
Mr. Steve Jankus had presented a plan for the extension of the street
into his property, eliminating the existing cul -de -sac and establishing
a new cul -de -sac to the North. Mr. Zelinka moved to approve the
extension of the Street. Seconded by Mr. Schneider. Motion declared
passed.
1
March 26, 1979
22
Mr. Zelinka moved to set a public hearing on the vacation of portions of
the existing cul -de -sac for April 23, 1979 at 9:20 P.M. Seconded by Mr.
Schnieder. Motion declared passed.
Mr. Glenn Rehbein had presented a plan for development of Shenandoah III
which involves the decreasing of the lot size and the house size and
would have the houses completely constructed under cover and moved to
to the site. This was just for Planning adn Zoning Board and Council in-
formation - there will be more at a later date.
Mr. Ronald Van Kleek presetned the Oak Knoll plat for final approval for
signatures. Mr. Schneider moved to approve tis plat for signatures.
Seconded by Mr. Kulaszewicz. Motion declared passed. The money due for
park purposes was computed at $473.00 and Mr. Van Kleek presented the
check to the Clerk.
Mr. Kulaszewicz reported that the Police Advisory Commission will meet
with the Council on April 9, 1979 to present teh recommendations of that
Board for Councul consideration.
There was some discussion of the number of ponding areas being established
in connection with the plats and the problems these areas could create.
The Clerk was instructed to put this matter on the funfinished business
list.
There was also a suggestion that, if the Anoka County Park was heavily
patrolled at the opening of the hunting season, some of the shooting
problems could be eliminated. This matter is to be put on the unfinsihed
business lsit.
Mr. Gotwald had reviewed a request from Northwestern Bell to install
buried cable on Ware Road from County Road J to 62nd street and recommended
approval. Mr. Zelinka moved to approve this request. Seconded by Mr.
Kulaszewicz. Motion declared passed.
Mr. Gorwald presented the cost amounts for a letter of credit from Mr.
Bruggeman for the completion of the street in West Oaks. The Clerk will
contact Mr. Bruggeman with this information.
Mr. Locher felt that the lots given by Mr. Bruggeman in that plat to be
used as open space could have tax due. There was no decision on this
matter. Mr. Locher will check further.
Mr. Gotwald presented a map of the Sherwood Green plat with tlbee final
approval of the Rice Creek Watershed Board as to the ponding areas. Mr.
Locher will check these legal descriptions
Mr. Gotwald informed the Council that he is now in the process of pre-
paring plans and specifications for the installation of utilities on
Pheasant Run and Captains Place in the Lakes Add. #2 Plat.
The matter of the Circle Pines Utilities having installed gas lines out-
side of their franchise area was discussed. After some discussion on
this matter, Mr. Kulaszewicz moved to maintain the established boundaries
of the franchised areas. Seconded by Mr. _ Zelinka. Motion declared passed
The Clerk was asked to get confirmation on the fire coverage of West
Shadow Lake Drive and to check with Mr. V olk on which department can
provide the best equipment for coverage in that area.
The Clerk was aaked to call Mr. Nadeau on the problem of pigs at the
Nadeau farm home.
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March 26, 1979
Mr. Schneider moved to approve requisitions #899 through and including
#902. Seconded by mr. Zelinka. Motion declared passed
Mr. Schneider moved to approve checks #9536 through and including
#9554. Seconded by Mr. Zelinka. Motion declared passed.
Mr. Schneider moved to adjourn at 12:00 Midnight. Seconded by Mr
Kulaszewicz. Aye
These minutes were considered, corrected and approved at the regular
Council meeting held on April 9, 1979.
1Za/LaA,/
Edna L. Sarver, Clerk - Treasurer
April 9, 1979
The regular meeting of the Lino Lakes City Council was called to order
at 8:00 P.M., on April 9, 1979, by Mayor Karth. Members present; McLean,
Kulaszewicz, Schneider, Zelinka. Absent; None. Mr. Locher and Mr. Gotwald
were also present.
The minutes of March 26, 1979 were considered and corrected. Mr. Zelinka
moved to approve the minutes as corrected. Seconded by Mr. Kulaszewicz.
Motion declared passed.
The Clerk presented the following items for Council consideration:
..A letter from the White Bear Press wxpressing an interest in serving as
the City's legal newspaper had been received. This is for consideration
for next year.
..A copy of the Resolution regarding a proposed agreement between Anoka
County and the Saint Paul Water Department on the proposed improvements
on Birch Street. No Council action is required on this matter. It is for
informational purposes only.
..All Council members have copies of the Metropolitan Council's letter on
the interim comprehensive sewer plan.
..Copies have been made for all members on the use of the Lino Lalkes
Interceptor as outlined by the Metropolitan Council.
..A letter from Mrs. Margie Roisum, City Assessor, requesting to be in-
cluded in the City's H &W program had been copies. This matter is to be
presented to the Personnel Commission for their consideration.
..Financial Statements from the City of C ircle Pines for December 1978,
January and February 1979 have been received and copied for all members.
..A letter from the Metropolitan Parks and Open Space Commission had been
received. The Clerk is to copy for all members.
Mayor Korth reminded the Council that a replacement for Mr. Joe Davis on
the Circle Pines Utility Commission must be decided on at this meeting.
The name of Mr. Bob Doocy had been submitted.
Mr. Do cy was in the audience and requested that his name be withdrawn
from consideration.
Mr. Kulaszewicz felt the member on that commission should be a member
of this Council.
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After some discussion, Mr. Schneider moved to recommend Mr. Richard Zelinka