HomeMy WebLinkAbout04/09/1979 Council Minutes224
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.
IZLWLahl
Edna L. Sarner, 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 Laikes
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 KK.rth 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. Doocy was in the audience and requested that his name be withdrawn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.
After some discussion, Mr. Schneider moved to recommend Mr. Richard Zelinka
April 9, 1979
225
to the Circle Pines Utility Commission. Seconded by Mr. McLean. Motion
declared passed.
Mayor Karth presented a request from Mr. Volk for the Authorization to consult
with Mr. Gotwald on the storm sewer problems on East Shadow Lake Drive
and to assist on the needed figures on the lift station for the Metro Waste
Control Commission. Mr. Zelinka moved to authorize Mr. Gotwald to assist
Mr. Volk with these problems. Seconded by Mr. McLean. Motion declared
passed. Mr. Zelinka felt that any maintenance costs that can be established
in conjunction with this lift station and the storm sewer could be used as
a basis in future area. Mr. Gotwald agreed.
The Public Hearing on the extension of City Utilities on Black Duck Drive
was called to order at 8:30 P.M. Mr. Locher read the notice of legal pub-
lication. Mr. Locher presented the Clerk with a certified mailing =lt-st of
all persons -who own land that is affected by this hearing.
Mr. Gotwald presented a map outlining the proposed project. He also
discussed the unplatted area to the North that would be included in this
assessment.
Mr. Don Carley presented the estimated costs of this project stating that
a republishing would be necessary since the published costs did not in-
clude the inner streets. The estimated costs per front foot at this time
is $110.00. If the area owned by NSP is replatted to include lots on
either side of the street, that cost could be reduced to approximately
$90.00 per front foot. There is also the possibility of averaging the
costs and each lot being assessed equally.
Mr. Springsted said they had not worked out a finance program as yet. The
procedure of issuing bonds and what must be included in the amount was
discussed. He assured the Council this City would have no problems in
issuing the bonds.
Mr. Gotwald was questioned on the position of NSP as to the replatting
and Mr. Gotwald said he had not had any response since he had presented
his suggestions.
Since the correct figures must be published and Mr. Springsted needs time
to work out the financial program, Mr. Zelinka moved to continue this
hearing until May 14, 1979 at 8:30 P.M. Seconded by Mr. McLean. Motion
declared passed.
Mr. Al Ross had asked to be on the agenda in conjunction with the Council's
decision to ask Circle Pines Utilities to withdraw from Ulmer's Rice Lake
Additions. Mr. Ross presented the Council with a petition signed by
residents of the Lakeview area ( who are currently served by Circle Pines)
requesting that this decision be reversed.
Mr. Ross gave a brief history on the establishment of the franchise with
Circle Pines. Mr. Arnie Kelling felt that, if there is to cevex be any
profits in that system for this City, then they must be allowed to expand.
He felt the action taken had been a mistake.
Mr. Henry Rosengren reminded the Council that the system may be purchased
by this City after 25 years - cannot limit growth and still make a profit.
Mr. Locher read an amendment to the Ordinance which gives this City the
right to purchase the system after 10 years, but with the provision that
the City redeam any outstanding bonded indebtness.
Mr. Zelinka said he basiscally agreed with what these men were saying, but
226
April 9, 1979
felt this commission had ignored the ordinance requirements on previous
occasions and this was one time too many.
Mr. Locher had talked with Attornies from both companies and had been
assured there would be no interruption of service to that area.
Mr. Schneider asked if the Council's decision was irreversiable and Mr.
Locher saind, No, both franchises are non - exclusive. It was felt this
City has nothing to gain from North Central but can realize some profits
from the Circle Pines syste.
Mr. Locher said North Central does pay taxes on their personal property
but the Circle Pines system does not. Mr. Shcneider felt this matter
should be put in a hold position until some answers are found. He felt
a special meeting should be set for this discussion.
Mr. Kulaszewicz pointed out the difficulties in getting natural gas from
North Central. Mr. Glenn Rehbein explained his experience with North
Central in conjunction with Shenandoah III. He was told that perhaps
gas could be installed next year, and the costs for installing would be
$17,000.00.
Mr. Schneider moved to reconsider the Council action - put a hold on
any action by either company and contact both companies for a special
meeting on this matter. Seconded by Mr. McLean. Motion declared passed.
Mr. Locher had done some research on some of the questions raised in con -
juntion with the proposed usage of Shenandoah III (smaller oots and
smaller homes). Mn Locher read this material. Mr. McLean asked this
material be typed for presentation to the Planning and Zoning Board.
Mr. Rehbein asked about the time element for getting this project under
way. Mr. McLean felt this should be an Ordinance Change. Mr. Schneider
felt this must go back to the Planning and Zoning for more review. M.
Zelinka felt this would entail a change in the uniform code.
Mr. Locher said legally this could be done by granting a variance to the
current code.
Mr. Rehbein will contact the Clerk for variance forms and is to be put on
the agenda for April 18, 1979 Planning and Zoning Board meeting.
Mr. Kulaszewicz presented his report from the Police Advisory Board.
The general consensus of the Board was to retain the City's own force with
one member favoring County coverage,' Since there were some unanswered
questions posed by the Police Advisory Board, Mr. Zelinka moved to set a
special meeting with that body on May 1, 1979 at 8:00 P.M. Seconded by
Mr. McLean. Motion declared passed.
Mr. Zelinka presented the actions by the Park Board at their meeting held
on April 2, 1979.
The matter of the request by El Rehbein & Son for the establishment of
an impartial board to review their request for rezoning outlots in the
Country Lakes Addition was discussed. Mr. Zelinka felt that he 6d one
enough research to be familiar with the background on this matter. Mr.
Zelinka presented the suggestion that perhaps the plan should be reworked.
Mr. Schneider felt there was no father need for discussion. The matter
had been voted on and ddecided.
Mr. Blackbird asked Mr. Locher if the vote on the rezoning denial had
1
1
1
April 9, 1979
been a valid vote.
227
Mr. Locher read the State Statutes regarding rezoning. It requires that
2/3's of all members vote. Mr. Locher felt that the applicant could
reapply because the Ordinance had not been changed by the previous vote.
There were several persons in the audience who asked for clarification of
what Mr. Locher was saying. Mr. Locher explained that teh previous vote
was a valid vote, in that the Ordinance was not changed, and in order for
a rezoning to take place, it would require a 2/3's vote of all members.
Mr. Blackbird asked for permission to reapply as a preliminary plat and
reappear before the Planning and Zoning Board. Mr. Locher said, legally,
he has this right.
Mr. Zelinka asked if the Mayor could legally abstain on this vote since
2/3's yore of all members is required to pass on this action. Mr. Locher
saod, no one could be forced to vote on any matter.
Mr. Blackbird withdrew his request for an impartial board. He was not
sure about the new plat, but said all material would be presented at the
time of the preliminary plat presentation.
There was discussion of 'conflict of interest' with Mr. Locher reading
the law that had been presented by Mr. Larry Johnson. The conflict of
interest basically occurs when there is a monetary gain to be made. Mr.
Reinert had questioned the 'area' involved - how far away would a person
have to live in order to be considered 'out of the area'? Mr. Locher said
the 'area' could not be described and he used the matter of all Council
members voting on a budget. This would affect their tax base but would
not be considered a 'conflict of interest'. But. if an attempt was made
by a Council member to have his va1uatiDn lowered at a Board of Review
Hearing, this would be aconflict of interest. Mr. Locher felt the law
is unclear in spots.
Mr. Blackbird felt that if Mr. Reinert and Mr. Johnson had objections to
his rezoning request, these objections should have been made from the
floor and not from the Board.
There was discussion of perhaps submitting this and other questions to
the Attorney General for clarification. Mr. Zelinka moved to authorize
this. Seconded by Mr. Schneider. Motion declared passed.
Mr. McLean presented the request of Mr. Richard Klenck for a special
use permit for the construction of a pole building. This had been delayed
until the required fees had been paid. The Planning and Zoning Board had
recommended approval. Mr. McLean moved to approve this special use permit.
Seconded by Mr. Zelinka. Motion declared passed.
Mr. McLean moved to approve requisition #903. Seconded by Mr. Kulaszewicz.
Motion decalred passed.
Mr. Gotwald presented the plans and specifications for the installation
of City utilities on Pheasant Run and Captains Place. Mr. McLean moved to
authorize Mr. Gotwald to submit these plans to Metro Waste Control for
approval. Seconded by Mr. Kulsazewicz. Motion declared passed.
Mr. Locher reported on the matter of the dog problems in this City with
no action taken by the Council
The matter of reimbursement for Mr. Clifford Ross, Jr. for expenses incurred
228
April 9, 1979
while attending BCA was discussed. Mr. McLean moved to reimburse Mr.Ross
15¢ per mile for travel, with the same being reimbursed to any other
person who has a just claim. Seconded by Mr;. Zelinka. Motion declared
passed.
Mr. Locher reported to the Council that a hearing must be set for the
vacation of the easements where a lot line had been changed in Twilite
Acres. This is a utility easement. Mr. McLean moved to set this hear-
ing for May 14, 1979 at 9:00 P.M. Seconded by Mr. Zelinka. Motion
declared passed.
Mr. Locher read a letter from Mr. Jeffrey Kirschbaum's doctor stating
that he could not returnto work at this time and there is no projection
for when he may return at full time. He asked about short hours and
light duty. Chief Myhre felt there is nothing at this time that would
fit into that catagory.
Mr. Zelinka moved to approve checks #9564 through and including #9602,
with #9588 being void. Seconded by Mr. Kulaszewicz. Motion declared
passed.
Mr. McLean moved to adjourn at 12:10 A.M. Seconded by Mr. Kulaszewicz.
Aye.
These minutes were considered and corrected at the regular Council
meeting held on April 26, 1979.
1
Edna L. Sarner, Clerk - Treasurer III
April 23, 1979
The regular meeting of the Lino Lakes City Council was called to order at
8:00 P.M., Monday, April 23, 1979, by Mayor Karth. Council members present;
McLean, Schneider, Zelinka. Mr. Kulaszewicz arrived at 8:05 P.M. Absent;
None. Mr. Locher and Mr. Gotwald were also present.
Mr. Zelinka moved to approve the minutes of April 9, 1979 as presented.
Seconded by Mr. Schneider. Motion declared passed.
The Clerk presented the following items for Council consideration:
..Mr. Mobley had written a letter to all contractors working in Lino Lakes
regarding removal of debris and cleaning the construction area and asked
for the Council's approval to include a copy of this letter with each
building permit issued. Mr. Zelinka so moved to approve this letter. Mr.
McLean asked Mr. Zelinka if he would include in his motion that the comments
in this letter to added to our ordinance when updating the Comprehensive
Land Use Plan. Mr. Zelinka agreed. Mr. McLean seconded the motion. Motion
declared passed.
..Mr. Al Ross, from the audience, asked if the City was planning a clean up
drive for May - Mayor Karth explained the Boy Scouts and Cub Scounts will
be conducting a clean up of ditches on Saturday, April 28, 1979.
..Mr. McLean suggested we set a general City wide clean up date tonight.
Mr. Schneider asked why the City should go house to house for a pick up,
could the residents bring their trash to a central location? Mayor Karth
said, Yes, but how would you restrict the site to just City residents? Mr/
Zelinka said residents who do not clean up could be ticketed, Mr. McLean