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HomeMy WebLinkAbout08/13/1979 Council Minutes292 August 13, 1979 The regular meeting of the Lino Lakes City Council was called to order at 8:00 pm on August 13, 1979, by Mayor Karth. Council members present; Kulaszewicz, McLean, Schneider, Absent; Zelinka. Mr. Locher was also present. Mr. McLean moved to approve the minutes of July 23, 1979 as presented. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Kulaszewicz moved to approve the minutes of August 7, 1979 as presented. Seconded by Mr. McLean. Motion declared passed. Mr. Schneider moved to approve the minutes of August 1, 1979 as written. Seconded by Mr. McLean. Motion declared passed. The Clerk presented the following items for Council consdderation: ..Municipal fines for the month of July were $822.00; ..Centennial School has scheduled a meeting for August 14, 1979 at 7:30 pm in the SEnoir High Library to comply with teh necessity of filing a Certificate of Compliance prior to making a Communit Service Levy. ..A11 Council members have a copy of the Report from Mr. Hillyer's Doctor on his anticipated return to duty. ..A request from Northwestern Bell for the insallation of buried cable on 4th Avenue from Lilac to Main. Mr. Gotwald had checked and approved. Mr. McLean moved to approve this isntallation. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mr. Gotwald had dropped off a progress report on the Street unorivements in the plats that letters of credit are on file for. 1) Carole's Estates needs curb backfilling, boulevard grading, topsion and seeding. Since the letter of credit expires August 17, 1979, the Clerk was isntructed to write to Mr. Menkveld asking tha he either complete the work or renew the letter of credit. Mr. Locher said the Bank should also be notified. 2) Robert Keffe's letter of credit expires September 12, 1979. In veiw of the fact that no construction of the cul -de -sac has begun, Mr. McLean moved that Me. Keefe be asked to attend the August 27, 1979 Council meeting to explain his position. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mrs. Carol Sprint has requested permission to block off a portion of LaMotte Drive for a street dance on August 18, 1979. She had signatures of persons affected on that street. Mr. McLean moved to approve this request. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Locher said the insurance carrier should be notified. ..Notice from Rene Creek Watershed Board that action on W &G Rehenin's plat had been tabled for more information - also the plat sumbitted by Paul Johnson - Counselor Realty. ..A11 Council members have a copy of the State Aid figure for the year 1980. Mayor Karth reported that the representative from Cable TV was unable to attend this meeting but will reschudle at a later date. Sepcifications for the purchase of a new dump truck were presented to the Council by Mayor Karth. These specifications were prepared by Mr. Volk. It was noted that there will be approximately 160/170 miles of City Streets to be plowed this winter. Mr. Schneider requested this matter be tabled for consideration at the August 27, 1979 meeting. Mr. Volk had prepared expense figures for the operation of the lift station. He asked that Mr. Gotwald confirm these figures. Mr. Schneider moved that Mr. Gotwald be asked to review these figures and have comment by August 27, 1979 meeting. Seconded by Mr. MCLean. Motion declared passed. r 1 293 August 13, 1979 Mayor Karth had contacted Mr. Glenn Rehbein on the Park in Shenandoah. Mr. Rehbein said the garding will be done by next week and then the entire area will be seeded. Mr. Gotwald had dropped off an interim comprehensive sewer plan required by the Metropolitan Council in the relase of the 300 units use of the force main. There was general discussion on the figures. Mr. McLean moved to approve this plan as presented and to forward to the Metropolitan Council. Seconded by Mr. Kulaszewicz. Motion declared passed. Item 4 of Mr. Gotwald's letter was discussed. The Council was unsure of hwat Resolution was needed. The Clerk is to contact Mr. Gotwald on this. The hearing on the use of the Federal Revenue Sharing Funds was called to order at 8:45 pm. Mr. Schneider read the rules applying to this publication. Some of the necessary information had not been forwarded to the City at this time. Mr. Schneider moved to continue this hearing until September 10, 1979, at 8:45 P.M. with the notice to be republished to include all required information. Seconded by Mr. McLean. Motion declared passed. Mr. Schneider went through the financial report pointing out the differences in the anticipated cash flow. This will discussed in more detail at budget hearings. Mr. Schneider reported that all department heads have prepared preliminary budgets. The Clerk is to copy for all Council members. Mr. Schneider felt the first budget hearings should be set at the next Council memeting. He also felt that htis Council should not be too concerned with details of the budgeting but just with the overall budget. Mr. McLean presetned the request by Mr. Kenneth Skoglung for a variance to build a garage on the rear of his lot. The actions of the Planning and Zoning Board was discussed, also, the letter from the Building Inspector. The Planning and Zoning had recommended approval with the following stipulations; 1) the side setback to be five feet, the rear set back to be 10 feet and the building to be made smaller to conform with these stipula- tions. Mr. McLean moved to approve the variance with the above stipulations. Seconded by Mr. Kulaszewicz. Motion declared passed. The hearing for the W &G Rehbein plat was called to order at 9:00 P.M. Due to the tabling of this by the Rice Creek Watershed Board, no action can be taken at this hearing. Mr. Kulaszewicz moved to continue this hearing until 9:00 p.m. September 10, 1979. Seconded by Mr. McLean. Motion declared passed. Mr. Roy Stanley was here to present information on the tot lot he is constructing in Sunset Oaks. There were two pictures of the equipment being installed. Mr. Stanley said the installation and the grading would be complete this week. He would prefer not to lay sod until later in the season. He agreed this priject should be co- pleted before the end of October. IIIThe Park Board had recommended that the house at Sunrise Park be destroyed by the local fire departments. Mr. McLean moved that this be done. Second- ed by Mr. Kulaszewicz. Motion declared passed. Under Old Business, Mr. Kulaszewicz asked about the lighting in Shenandoah, The Clerk was instructed to contact Mr. Gotwald or Mr. Volk and have some sort of street light installed immediately. 294 August 13, 1979 The matter of setting hunting boundaries was discussed. Mr. Schneider moved to ask the Attorney to review the minutes of the open meeting held, talk to the Police Chief and present some recommended changes at the August 27, 1979 meeting. Seconded by Mr. MCLean. Motion declared passed. Mr. McLean suggested that perhaps any change should include a reference as to the shot size that can be used. Mayor Karth reported that he had briefly discussed the problems with the poilce coverage in the park and at the juvenile center. The general consensus of the Council was that Mr. Burman should attend the September 10, 1979 meeting to discuss this matter. After some discussion it was felt that Mr. Torkildson should also attend this meeting. Mr. Schneider moved to request Mr. Burman and Mr. Torkildson to attend the September 10, 1979 meeting. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Burman is to be asked to discuss the proposed move of the juvenile center a copy of that letter is to be sent to St. Hoseph's Church. Mr. Pierre Nadeau presented his complaint against Mr. Henry Suchy on the keeping of pigs and other animals at 6210 20th Avenue South. Mr. Nadeau said there had not been pigs at that location for at least 15 years. Mr. Suchy was asked what he ahs on the five acres and he said 3 brood sows; 2 butcher pigs, 100 or so chickens, 35 geese and about 50 rabbits and 2 small dogs. Mr. Suchy said he bought the property for this purpose. Mr. Nadeau objected to theodor created by the pigs, the barking of dogs and chickens wandering over his property. He said the property had been used for a dairy farm and there had !been some horses, but no chickens or pigs. Mr. Suchy was told to apply for a special use permit for a specific purpose. This matter will then go through the Poanning adn Zoning, all persons within 400 feet will be notified and a public hearing will be held. This procedure must be followed otherwise the City will order all operations to cease. Mr. McLean moved that Mr. Suchy be instructed to apply for a special use permit for animals on 5 acres of land, application to be in the City Hall offices by September 10, 1979 and Mr. Suchy be put on the September 19, 1979 Planning and Zoning Board agenda. SEconded by Mr. Schneider. Motion declared passed. The Public Hearing for the rezoning request of Mr. and Mrs. John Bruner was called to order at 10:00 pm by Mayor Karth. Mr. Locher read the notice of legal publication and the list of persons to whom notices were mailed. Mr. McLean gave the history of the Planning and Zoning Board's actions on this property. The property previously was used as a duplex and the last owners were the only ones who did not use as a duplex. The Planning and Zoning had recommended approval of this rezoning. Mayor Karth asked for comments from the audience and Mr. Chris Hoff said he was opposed to the rezoning. He wants to maintain the neighborhood as single family residential. He discussed the single well and septic system and felt that a duplex should have separate systems. Mr. Lyle Bye said that the previous owners had had problems with the septic August 13, 1979 system. Mrs. Bruner said the problem was due t a switch that controlled the lift station be truned off. Mr. Torp was concerned over the possibility of have a lot of transient people in the building. Mr. Paulson was concerned that the rezoning of this property to R2 would depreciate the value of his property - the enviornment of the neighborhood - and theasafety of the children in the area. It was pointed out to Mr. Paulson that this building has been used as a duplex since it was built in 1963 and if the enviornment of the neighbor- hood was to be affected, it should have happened long ago, also, if his property was to depreciate, this too would have already happened. Mr. Bruner said he bought the home as an investment - he has no intention of renting out at the present time. Perhaps when his children are gone, he will consider this possibility. It was pointed out to the persons present, this structure is in a commercial zoned area and as such may be used for a variety of business location. There was general discussion on the need for two septic systems, two wells, and the fact that even if rezoned, could not be used as:a duplex until this question is cleared. Mayor Karth felt this is not a Council problem, but the owner's problem. He aso felt that since this parecel is zoned commercial, theR2 zoning would be more desireable. This use as a duplex could serve as a buffer between the home owners and the lands to the South that are zoned commercial. The question was raised as to why the publication read rezoning from R1, residential to R2 - Duplex, if the building is in a commercial zone. Mr. Locher said it was wrong and ti was his fault. There must be a new hearing set and be republished. This will also have to go through Planning and Zoning again. Mr. Gourley was present and he was asked if this matter could be handled at the August 15, 1979 meeting and Mr. Gourley. agreed. Mr. McLean moved that a public hearing be set to rezone from Commercial - GB/ R1- Single Family to R2 - Duplex for the home at 790 Vicky Lane for August 27, 1979 at 9:30 P.M. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to close this hearing at11:25-pm. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Deal) McGowan had requested to appear before the Council on the matter of this Council accepting a bid from another agent for City Insurance. He had obtained copies of the bid and felt the City has less coverage at a higher premium and he presented some figures to the Council. He had asked if there was a reason for changing agents and the Council said the basic reason was lack of communication. There was discussion on some of the items presented by Mr. McGowan with the Council agreeing to study his presentation. Mr. L. Winter of 24th Avenue presented the Council with a petition for exempting farm dogs from the Ordinance requirement of having to be leased. The signers of the petition also objected to having to obtain rabies shots and licenses. August 13, 1979 There was discussion on this matter, with Mayor Karth stating that all dogs must have license and they must have proof of rabies in order to obtain those license. This rule would apply to farm dogs as well as all other dogs. However, Mayor Karth felt that something could be consider- ed in the area of leasing. Mr. Locher will study the Ordinance and pre- sent some recommendations at the next Council meeting. In the meantime. the people were advised to get the rabies shots and obtain their licenses. Some residents from the Vicky Lane area presented a request to the Council that North NorthEast Realty be required to install the trees on their common lot line. There was also some discussion on the drainage of the parking lot and the conditions at the Tom Thumb Store. The Clerk was instructed to pull the file on the construction of North NorthEast building and the requirements imposed by the Planning and Zoning at that time. Mr. McLean moved the Clerk be instructed to pull the minutes on North NorthEast relating to screening on West boundary - a letter be sent to Mr. Kenneth Rehbein asking to fulfill before the end of October. Seconded by Mr. Schneider. Motion declared passed. Mr. McLean moved to approve checks #9866 through and including #9923, with #9873 being void. Seconded by Mr. Schneider. Motion declared passed. Mr. Locher had checked on the insurance proposal as presented by the Lions' Club for liquor liability and felt this is not necessary. He felt the only insurance needed is a copy of the Lions' International Insurance that is carried with Globe. Mr. McLean moved to adjourn at 12 :45 A.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered and approved at the regular Council meeting held on August 27, 1979. Edna L. Sarner, Clerk- Treas. August 2/7, 1979 The special Council meeting was called to order at 8:05 p.m., August 22, 1979 by Mayor Karth for the purpose of resolving the interpretation of Ordinance No. 56, Sections 6.21 and 5.04, in regard to special use permits, No. 27 in particular. Members present; Robert Schneider, John McLean, and Richard Kulaszewicz, arriving late. Members absent; Richard Zelinka. Also present were Mr. Locher, City Attorney; Mrs. Sarner, City Clerk; Herman Talle and Mr. Balckbird representatives for the developer; and Mr. Benson, chairman of the homeowners group. Alos present in the audience were residents from the area in question. Mr. Locher had prepared a letter to the Council in reference to the research he had pursued on the special use permits and the interpretation of Ord. No. 56. The letter was read by Mr. Locher, and copies were made availabl to Mr. Benson and Mr. Talle. Mayor Karth asked if there were any ques- tions from the Council. In answer to a question by Mr. McLean, Mr. Locher indicated that in order to amend the Ordinance, there must be publication and a public hearing set. A man from the audience had a