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HomeMy WebLinkAbout04/23/1979 Council Minutes228 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 Mn. 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 April 23, 1979 229 suggested heavier items such as refrigerators, stove, etc., could be brought to City Hall. IIIMr. McLean moved to set two clean up days, West side of the City,May26, 1979, and East side of the City, June 2, 1979. Mr. Zelinka seconded the motion. Motion declared passed. The west side is described as west of a line running South of West Rondeau To West Shadow Lake Drive, West on Birch Street to Ware Road and South on Ware Road to County Road 'J'. All else is considered the East side of the City. A gentleman from the audience asked if it were necessary for a developer to seed or landscape his lots when the house was finished. Mayor Karth said this was not required by ordinance. Mayor Karth asked the Clerk to relay a message to the Police Chief to clean up the junk car situation. Mr. McLean said, if a City map was prepared for clean up day showing the line splitting the east and west side of the City, he would personally see to it that it would be delivered to every residence. ..A memorandum to the Council from the Police Department regarding Animal Control. Mayor Karth said he would have further information on this later this evening. ..A letter from Mrs. Roisum requesting to be included in the City's Group Health Plan. This letter was to be presented to the Personnel Commission but was overlooked. Mayor Karth said the request will have to be considered by the Personnel Commission. ..An invitation from the Rice Creek Watershed District to a seminar at Kozlaks Royal Oaks Resturant regarding sanitation systems. Mr. McLean said since the City already hasagred to adopt WPC -40, the Clerk should draft a letter to the RCWD thanking them for the invitation. It was suggested that Mr. Gotwald could help the Clerk draft the letter. ..Received fines from Anoka County of $436.00. ..Received a letter from Commissioner Burman explaining the Resolution adopted by the Board of Commissioners establishing a new Park Ranger System., Mr. Schneider asked if a bill previously submitted to the County for Park Police protection had been received. It has not. The Public Hearing for the Twilight Acres, 2nd addition for El Rehbein & Son was called to order at 8:32 P.M. Mr. Locher read the notice of legal publication. Mr. Locher noted that 79th Avenue is listed as a cartway and asked if the City has maintained it. The City has maintained this street. Mr. McLean noted the Park Board has requested cash in lieu of land for Park purposes. There was no questions from the audience. Mr. MCLean moved to accept the preliminary plat of Twilight Acres 2nd Addition per map description dated July 18, 1979 and subject to $1,595.00 park dedication. Mr. Kulaszewicz seconded the motion. Motion declared passed. Mr. Blackbird noted one lot has been set aside for ponding. Mr. Gotwald IIIsaid this lot must be dedicated for ponding and shown on the final plat. There was no formal vote to adjourn this public hearing. The Public Hearing for Pine Oaks, by Counsel Realty, was called to order. Mr. Locher read the notice of legal publication. Mr, MCLean noted there is no Planners recommendations in the file, He also 230 April 23, 1979 noted the Park Board had recommended that Outlot A plus cash could be used as park dedication. Mr. McLean further noted that Outlot A is now designated for ponding and therefore would not be suitable for park purposes. Mr. Gotwald noted other areas will also be needed for ponding.. Mr. McLean moved to accept the preliminary plat of Pine Oaks as presented III subject to the Planners recommendations and with the stipulation that cash in lieu of land be accepted as park dedication and subject to changing the name of interior Nordin Street to Oakland and 7th Street to Pine Oaks Drive. Mr. Kulaszewicz seconded the motion. Motion declared passed. Mr. Zelinka moved to close the hearing. Mr. McLean seconded the motion. Motion declared passed. The Public Hearing for Mr. John Blomquist's plat, Arbor Lake, was called to order at 9:00 P.M. Mr. Locher read the notice of legal publication. The Eastment running through Outlot A was discussed as well as Block 2. Mr. Blomquist stated the reason for this easement was to provide access to Block 2 for future development as it appears there will never be access to Bolck 2 from any other direction. Mayor Karth noted there will be problems with getting permission from the Corp of Engineers to build this road. Mayor Karth also noted if the City takes outlot A as park dedication, the City will be landlocking Block 2 or Outlot B. Several alternatives to planning Outlot A and Block 2 were discussed. Mr. Gotwald noted that if this plat were submitted to RCWD as it is now drawn, they might turn it down Mr. Jim Hill suggested the plat oeuld be drawn as Phase 1 and Phase 2. Mr. McLean moved to accept the preliminary plat of Arbor Lakes with the exception of Outlos A and B, or Block 2 (just 30.5 acres to the South) and subject to the red notes provided by Mr. Gotwald and subject to park land being determined by the Council and the owner. Mr. Schneider seconded the motioj. Motion declared passed. Mr. Zelinka moved to adjourn the hearing. Seconded by Mr. McLean. Motion declared passed. The Public Hearing for Mr. Robert Wahlberg request for rezoning a parcel of land he wons on Lilac fro R1 to R2 was called to order. Mr. Locher read the notice of legal publication. Mr. MCLean asked if Mr. Wahlberg's variance had been formally approved. Mayor Karth thought it had and Mr. McLean said to be sure, he would now move the variance to transfer title on a parcel of alnd less than 24 acres be granted. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to grant Mr. Robert Wahlberg's request to rezone 1.8 acres described as follows: that part of the SE% of the SW4 of Section 8, T31, R22, Anoka County, Minnesota described as follows: Commencing at the Southwest corner of said SEa of SW4; thence Easterly along the South line of said SE% fo SW4 a distance of 160.0 feet to the actual point of beginning; thence continuing Easterly along said South line a distance of 160.0 feet; thence Northerly at a right angle a distance of 500 feet; thence Westerly at a right angle a distance of 160.00 feet; thence Southerly at a right angle a distance of 500 feet to the point of beginning. Subject to Lilac Street, from R1 to R2 Duplex. Seconded by Mr. Kulaszewicz. Motion decalred passed. Mr. Zelinka moved to close the hearing. Seconded by Mr. McLean. Motion declared passed, 1 1 III Mr. McLean said htat this was brought up at the Planning and Zoning meeting but felt the members were not aware of all that is involved here. April 23, 1979 231 The Public Hearing for the vacation of the Cul -de -sac at the end of Deer Pass Trail was called to order at 9:45 P.M. Mr. Locher read the notice of legal publication. Mr. MCLean gave some background information about Derr Pass Trail construc- tion and the agreements of 1974 and later in 1976, when Mr. Mattson built his home. Mr. Gotwald stated that the base of Deer Pass Trail does meet City specifications, however, the blacktop is only 2" thick not the required 4 "/ Mr. Charles Prokup was in the audience and said he would be opposed to Mr. Jandus extending Deer Pass Trail if it meant additional houses would be built creating additional street use. He felt the street would deteriorate. Mr. Zelinka felt maybe this is the time to bring Rolling Hills Drive and Deer Pass Trail up to City specifications and asses the affected property. Mr. Prokup said he would be opposed to this also. Mayor Karth explained the minutes from 0974 and said it appears that additional building permits cannot be issued on this street ultil it is ypgraded to City specifications. Mr. Locher noted that naother resident refused to participate in the up- grading of Deer Pass Trail. Mayor Karth said the problem is as he sees it is Mr. Prikup does not want to see any more building permits issued on Deer Pass Trail until it and Rolling Hills Drive is upgraded. He is concerned about the asthetics and the fact that the scree will not take the incrased traffic. Mr. Gotwald noted there are 24 miles of substandard street in Lino Lakes and if Mr. Jankus is denied a subdivision you would really have to deny every other subdivision on substandard street. If the street is upgraded by assessment then Mr. LaBuda and all affected property will have to share in the costs uless Mr. Jankus pays the entire cost. Mr. Jankus said he is willing to pay the eintre cost of installing the extension and the new cul -de -sac and if the City feels Deer Pass Trail should be upgraded, he is willing to pay his fair assessments on it as well, but so should everyone else. Mayor Karth suggest setting a public hearing on upgrading Deer Pass Trail. Mr. Zelinka wondered if the City should go through the espense of a public hearing when it will probably fail? Mr. Jankus said he felt he should not be denied a building permit becasue the neighbors do not want any further development. Mr. Prokup pointed out that Mr. Jankus is no longer the owner of record of the land he is extending the street on to. Mr. Jankus explained Mr. Wayne Ellison is now the owner, however, when the original request was made he was the owner and is now seeing the request to a conclusion. Mr. Zelinka said the new owner should be brought in on these proceedings. Mr. McLean asked, what ever conclusion is made here, the present owner will have to consent? Mr. Locher said, Yea, Mr. Jamkus said he sold the pro- April 23, 1979 perty with the ieda the extension w4q', wroyedw Mayor Karth said this hearing could be continued so that the owner of record and other interested parties could be made aware of what is transpiring. Mr. McLean moved to continue this hearing to May 14, 1979 at 9:00 P.M. and that the owners of record be notified by Mr. Jankus. Mr. Schneider seconded the motion. Motion declared passed, Mr. MCLean asked the Clerk for all documents on this matter. Mayor Karth reported on the memorandum from the Police Department regard- ing the dog problems in the City. The Police Department is asking for additional seven (7) hours per week animal patrol. Mr. Schneider said he wanted the Council to know that the budget this year is very tight. After further discussion, Mr. Zelinka moved to increase the animal patrol effective May 1, 1979 to 10 hours per week for at least two weeks and to place notices in the White Bear Press, Cicculating Pines, and Forest Lake Times advising the public of the patrol. Mr. McLean seconded the motion. Motion declared passed. Mr. Zelinka asked the Clerk to see if the papers will kane an editorial comment on the City's dog problems. Mayor Karth said the Personnel Commission had interviewed a young lady, Carole Krasnow,for the position of recording clerl. She uses a steno machine. The Personnel Commission had recommended she he bired at= $4.50 per hour for about 40 hours per month to take minutes of all Boards ex- cept the Council. Mr. MCLean moved to approve Carole Krasnow for a 90 day probationary periond on a contract bases and not as a ctiy employee at $4.50 per hour. Seconded by Mr. Zelinka. Motion declared passed. Mayor Karth said that Mr. Mobley has indicated to him he will resign effective December 31, 1979. Mr. McLean said the Council should have input from the Personnel Commission on this matter. Mr. Zelinka said maybe contractors would like some input as well. Mr. Kulaszewicz is now aware of Mr. Mobley's intentions and asked if the Personnel Commission is aware the City is considering an Administrator. He was told, Yes. Mr. McLean presented the following report on the actions of the Planning and Zoning Board. WCCO has applied for an extension of theri Special Use Permit to construct a tower. The Planning and Zoning Board told them this was not necessary at this time. WCCO will keep the Board informed on theri progress with the FCC and FAA and the Board will inform WCCO if there is any change due to the updating of the Comprehensive Land Use Plan. Mr. Roger Kolstad asked the Planning and Zoning Board for permission to build hangers on lots in Lino Air Park North before the dwellings are construced and if the hangers could be as large as 3,200 square feet. s 0 0 April 23, 1979 Mr. Lcoher said one problem with building hangers first is that the dwellings may never be built. Mr. MCLean said this was the feeling of the Planning and Zoning Board. They told Mr. Kolstad this matter would be considered when the Board is updating the Comprehensive Land Use Plan. Mr. James Plemmons requested two variances for two lots of less than 2 acres. The first lot did not contain the required one acre free of all easements. This lot is described as: The South 238.00 feet of the East 186.0 feet of the West 640.00 feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 31, Range 22, Anoka County, Minnesota; subject to County Road J and easements of record, if any. Mr. MCLean moved to lay over this request for a variance until it is resubmitted with the required acre. Mr. Zelinka seconded the Motion. Motion declared passed. The second variance request if for a lot described asL The South 150.00 feet of the North 450.00 feet of the South 688.00 feet of the East 300 feet of the West 640.00 feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 31, Range 22, Anoka County, Minnesota. Subject to easement of record, if any. Mr. McLean moved to approve this variance. Mr. Kulaszewicz seconded the motion. Motion declared passed. El Rehbein & Son presented a variance request for a long driveway on Lot 6 of Equity Estates. Mr. McLean moved to approve this variance and inform the owner of his responsibility to maintain the driveway so that it can be used by fire and other emergency vehicles at all times. Mr. Kulaszewicz seconded the motion. Motion declared passed with Mayor Karth abstaining. The plat of Lot 12 of Equity Estates was presented by Mr. Delano Sewnson. This lot is being platted into 4 lots. Mr. McLean moved that the Swenson Addition preliminary plat be accepted subject of cash in lieu of land or $1,100.00 for park dedication and a public hearing set for 9:30 P.M., May 14, 1979. Mr. Zelinka seconded the motion. Motion declared passed. Plat - Peltier View; W & G Rehbein Brothers. Mr. Gotwald wxplained this plat has a county ditch running through it and the RCWD will have to pass on it. Mr. McLean moved to approve this preliniary plat requiring cash in lieu of land for park dedication and set a public hearing for 10:00 P.M., May, 14, 1979. Mr. Schneiderseconded the motion. Motion declared passed. Ronald and Art Nagy had applied for a Special Use Permit to repair bicycles ar the Ronanld Nagy residence. Mr. McLean moved to approve the Special Use Permit and to allow one sign no large than 2'x3' with the stipulation that no parts or bicycyles be stored outside of the garage and the drive- way be maintained for parking four vehicles. Mr. Zelinka seconded the motion. Motion declared passed. Mr. Glenn Rehbein had applied for two variances, one variance to build houses smaller than the size required by the City ordinance, the second to build on lots smaller than required by the City ordinance. MR. MCLean read the Planning and Zoning Board's recommendations. He noted there were four members present, two voted in favor of the variance, one voted Nay and the Chairman did not vote. Mr. McLean asked Mr. Locher what the status of this vote was? Mr. Locher said to fulfill the qurom require- ment, the Chairman should have voted. Mr. McLean said he felt is was unfortunate that all Planning and Zoning members were not present and the vote did not represent the full expression of the Board. He also felt the Board is not well staffed and thought there 234 April 23, 1979 was a need for a change. The recommendation in favor of these variances amends Ordinance #56 without the normal public hearing process. To avoid problems the oridnance should have been dealt with first when reviewing the Comprehensive Land Use Plan. Mr. Zelinka asked how long it would take for the Planning and Zoning Board to prepare recommendations to change the ordinance? Mr. McLean said threeks or a month. Mr. Johnson from the audience asked if this recommendationf from the Planning and Zoning Board maked all his work and investigation on smaller lots and houses for nothing. He said in moving ahead for the convenience of the builder, he is questioning the City's motives. Mr. Schneider asked if a public hearing was required? Mr. Locher said, No, for a variance. Mr. McLean noted in reality you are amending the Ordinance and Mr. Locher said, No, this is a variance request, not an amendment to the ordinance. Mr. Zelinka said he recognized what Mr. Hojnson was saying but he was disappointed when the ordinance was changed to require the larger house seizes. He felt this was legislation against the young and the old. Also beautiful homes are a matter of esthetics, not size. Mrs. Schwankl from the audience said the Planning and Zoning Board had requests from other than contractors who wanted to build smaller homes. These people were retired or could not see a need for a larger home for themselves. Mr. McLean felt the way to deal with these variances was to hold a public hearing. Mr. Locher said there is no provision in the ordinance for a public hearing when considering a variace. However, there must be a public hearing before the ordinance itself can be amended. Mr. Zelinka felt these variances should be allowed. The reason in this case being, if we follow the route of amending the ordinance, it will not be done until frost and the builder will go elsewhere. This City has the opportunity to be ahead of the crowd. This will point out to the Planning and Zoning Board that we have to get going on updating the ordinances. He felt these houses would be better built than most houses today with 2x6 studs and are sightly acceptable. Mr. Zelinka moved to grant a variance for sewer service district #1 per the Planning and Zoning Board's recommendations for houses of 864 sq.ft. and a minimum lot size of 10,000 sq.ft. Mr. Schneider seconded the motion. Mr. Locher pointed out the sewer line in sewer service district #1 will soon hit the maximum connections. Mr. McLean asked Mr. Lcoher if these variances are granted, can the Council refuse the next person who applies for the same variances. Mr. Locher said, Yes. Mr. Kulaszewicz asked if the public could ask for a public hearing on these variances? Mr. Locher said, technically the ordinance does not provide for a public hearing. Mr. Benson, from the audience, questioned if the Planning and Zoning vote was valid. Mr. Locher said i_t was not valid because one member 1 5 April 23, 1979 abstained. However, the Planning and Zoning Board is just a recommending body, so the vote is immaterial in this case. Mr. Locher was asked if the City could be sued and he said the City could be sued anytime. Mr. Schneider asked if the variances were granted and since Mr. Rehbein is asking for 15% of his project to be 864 Sq.Ft., would we be setting a precedence on just 15% or on the whoe City. Mr. Locher said, the entire City. Mr. Zelinka changed his motion to include the descriptive motion offered and passed by the Planning and Zoning Board. The qeustion was called and the motion passed with Mr. MCLean voting, Nay. Mr. McLean said he voted no because approval sets 864 sq.ft. house size precedence for the entire City. Also setting a precedence by this variance can be judged discriminatory. Mr. Jim Spetzman requested a variance for a driveway of over 500'. Mr. McLean moved to grant this variance and the information regarding the up- keep of this driveway be passed on to Mr. Spetzman. Mr. Zelinka seconded the motion. Motion declared passed. Mr. McLean moted the Planning and Zoning has set a special meeting for Wednesday, May 2, 1979. Mr. Locher had no report. Mr. Gotwald noted a request from North Central Public Service Company to extend gas mains onto James Street. Mr. Zelinka moved to allow this extension. Mr. Kulaszewicz seconded the motion. Motion declared passed. Mr. Zelinka reported that Mr. Shaughnessy and Mr. Volk will meet with Mr. Amundson to discuss the location of a shelter the Lions Club wishes to build in Lino Park. It was ntoed that the Council had not seen any plans or specifications and all buildings on City property must have Council approval. Mr. Zelinka said he ahs been in touch with both Circle Pines and North Central and explained each rate structure and services. Mr. Ulmer from the audience said he to had investigated both utility rates and installation structure and found North Central far less espensive. At this point he has invested over $3,600.00 to connect twelve houses and North Central had quoted him a price of $2,291.00 to connect 25 homes. Mr. Zelinka said ti would take another month to get the gist of this situation. Mayor Karth said ti is not just a matter of who is cheaper now but that portion of the Circle Pines service in Lino Lakes may have accrued a pretty fair value. The Circle Pies Council is investigating this matter. Mr. Zelinka explained that there is a question of just how many homes Circle Pines can service. He was told that there may bo only about 200 more hookups available from Circle Pines and they have a new plat of their own with about 200 homes. Mr. Ulmer said the availability of hookups would be on an individual basis. He was not guaranteed anything. At any rate he was opposed to paying a premium price for these hookups. 236 April 23, 1979 Mr. Zelinka said hw will dig for further facts. Mr. Ulmer asked if the Council had confirmed North Central's right to his plat? Mayor Karth said, Yes, providing Circle Pines and North Central could agree on a plan. Mr. Ulmer asked why then does the Council feel compelled to reverse their decision mow. Mayor Karth explained the City had received a petition asking the Council to re- evaluate their decision. Mr. Ulmer said then he has two problems with the Circle Pines utilites. They are cost and committment. Mr. Zelinka said he would have some answers by May 1, 1979 Tuesday for the special meeting. Mayor Karth reminded the Council of the May 1, 1979 special meeting with the Police Advisory Board. Mr. Schneider moved to approve checks #9603 through and including #9623. Mr. Zelinka seconded the motion. Motion declared passes. Mr. McLean moved to approve requisitions #903 through and including #907. Seconed by Mr. Kulaszewicz. Motion declared passed.. Mr. Kulaszewicz moved to adjourn at1:10 A.M. Seconded by Mr. Zelinka. Aye. These minutes were considered and approved at the regular Council meeting held on May 14, 1979. Edna L. Sarner,Clerk -Trea ill May 1, 1979 The special meeting of the Lino Lakes City Council was called to order at 8:05 P.M. by Mayor Karth. Council members present; Robert Schneider, Richard Kulaszewicz and Richard Zelinka. John McLean was absent. Members of the Police Advosory Board Present were Gunnar Kronholm, Al Ross, and Jerry Peterson, the Representative from Centerville, arriving at 8:25 P.M. Mayor Karth turned the meeting over to the Policl Advosory Board for their recommendations. There was some discussion concering the relative merits and comparitive costs of 16 and 24 hour police coverage, as well as discussion on retaining our own local police coverage as opposed to Anoka County police coverage. Mr. Schneider pointed out that 24 -hour coverage is cheaper by the hour than 16 hour coverage, but more expensive by the day. No cost figures were available for 1979, although 1978 figures had previously been dis- cussed. Answering emergency calls in Columbus was pointed out as being an additional cost to Lino Lakes. Columbus has no reciprocating police service, as do Lexington and Circle Pines. Lino Lakes is also at pre- sent paying a fee for the Anoka County police for services such as jail staff and so on; this is paid whether or not there is a complete service contract. It was generally felt to be more effective to retain our present police