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HomeMy WebLinkAbout08/30/1973 Council Minutes188 August @, 1973 The regular meeting of the Lino Lakes Village Council meeting was re- convened at 8:00 P.M. on August 30, 1973. The meeting was called to order by Mayor Bohjanen. Counci Imen present; Jaworski , Marier, Zel inka. Absent; Cardinal. Mr. Locher was also present. The minutes of the August 13, 1973 were corrected as fol lows: Page 4, paragraph 10, after word "Anoka" delete the remainder of the sentence. Page 7, paragraph 6, change word 'of' to 'if' in first line, change word 'no' to 'not' in second line. Mr. Ze I i nka moved •to approve the minutes as corrected. Seconded by Mr. Jaworski. Motion carried. The Clerk's report included the following items; Copies of the Rice Creek Watershed Board minutes - copies for the Councilmen, P &Z and Enviornmental Commission. Letters from the Suburban League of Municipalities and Ramsey County League of Municipalities. The Council asked that these be tabled for future reference. Copies of an Information Bulletin from the office of Local and Urban Affairs. Received $197.50 on Municipal fines. Letter from League of Minnesota Municipalities on State Aid to Fi re Departments. Two letters from North Central Publ is Service asking permission to extend gas lines on Pine and Maple Streets. The Council delayed action on these request until Mr. Gotwald has the opportunity to look at the plans. Received Liquor Apportionment payment for $3,133.29 and Cigarette apportionment for- $3,629.65. These are the last payments from these funds. Material concerning the Rice - Edgerton Bus line extension. All have copies. Summons dealing with the law suit involving the SAC. Two copies of the Metropol itan Sewer Board's Five Year Capital Improvement program - years 1974 - 1978. Mr. Gotwal d has one copy the other is in the Clerk's office. Metro Council Action Briefs and agendas. Letter from Mr. Robert Burman and Sheriff Talbot informing the Council of the action taken by Anoka Coutny to curb speeders within the Village. Copy of a letter sent to White Bear Township by MSB concerning our use of the interceptor in their Township for the dumping of sewage. Letter frogiJohn Boland, Chariman of the Metro Counci I. All members have a copy. Letter from MSB informing us of the requirements needed with our sewer p l a n and of meetings scheduled. Copy of a letter from the Anoka County Health Department in regards to discharge of sewage on private property on Ware Road. The party has until the end of September to repair his system. A request from Mrs. Donna Betz to camp on private property on the North West Corner of Bald Eag48 Lake. She owns 2 2/3 acres of land and would camp from May unti I October with portable bathroom 1 1 1 1 1 August 30, 1973 facilites. The Council asked that she be put on the next P &Z agenda. The Clerk is 'to contact her. Mr. Marier reported on the P &Z meeting. Mr. Leo Hager, Mr. Ray Hager and Mr. Gordie Howe had appeared seeking a variance to the 150' footage requirement on land owned by Mr. Ray Hager on Bald Eagle Boulevard. He wants to split his lot and his brother wants to build. The P &Z had re- commended denial of the variance. These men were at the Council meeting and explained that they have arranged for the peat to be removed and re- placed by sand. There will also be pilings put in to insure proper foot- ings. Northway Construction has insisted on this measure. The perc test has been done showing there would be a need for 5 feet of fill in order for the drain fields to work properly and be above the water table. There was discussion on the fact that they cannot buy extra footage and the fact that by splitting off this 110 feet they are in fact making two lots of i I legal size, making the request for a variance for one lot not sufficient. The Counci I.suggested that the, }check with the property owner on the other side for the possible purchase of extra footage in that di rection. Mr. Zelinka said that he would prefer- to take a look at the property before he made a decision. Mr. Jaworski felt that in all fairness to Mr. Hager that a decision should be made tonight. He felt that by making two illegal sized lot, there was no way a variance could be granted. Mr. Howe requested that the Counci I take a look before making a decision. He felt that a house on the property would improve the way it looks. Mr. Jaworski moved to table this request until the Council could take a look at the property. Seconded by Mr. Zelinka. Motion carried. Mr. Marier reported on the request for a variance by Mr. Pariseau. He wanted to bui I d a duplex on a 100 foot lot located on Ash Street just off Centerville Road. This is the only footage left, with buildings on either side. The P &Z had recommended approval of a single fami ly dwelling on this land but had had second thoughts about it because of the lack of necessary frontage. Mr. Marier said the P &Z was quite concerned about the variances being approved for lots with less than the 150' requirement. He felt that we should either enforce the Ordinances on the books or re- write them if they are not serving the purpose they were written for. Mr. Jaworski moved to deny the request for a variance by Mr. Pariseau. Seconded by Mr. Marier. Motion carried. Mr. Marier said the Open Space Commission had been meeting with the representatives from Anoka Coutny Park Board for some 9 months working on the open space concept. They have agreed on a resolution and the Open Space Commission has worked out a map. He asked that Mr. McLean and Mr. Clausen present their recommendation to the Council. Mr. McLean read the Resolution and the guide lines agreed on by the Commission and Anoka County. He presented both the maps one from the Open Space Commission and the Anoka County Park Boards version. 189 190 August 30, 1973 Mr. Bohjanen asked if the major differences centered around the golf course? Mr. Glenn Rehbein felt that this land included in the open space leaves these people with no bargining power. They cannot sell their land to the highest bidder because it is included in the open space. Mr. Locher went over the legal recourse to people who have land in this area and are not satisfied with the offer from the County. Mr. Zelinka said the purpose of the map was to say that this is the only area that the County can consider for the Park area. Mr. Jaworski asked of some property owner outside this area wanted to sell his land to the County for Park purposes, could he? Mr. Torkildson said his understanding was that it could only be done with the permission of the Vi I lage Council. The consensus of the Council was that if the land owner wanted to sell to the County, that would be his decision. The County can only condemn within the boundaries as they are finally agreed on. Outside these boundary lines, if the County is interested in the land, they can negotiate with the land owner, but cannot condemn his land. There was discussion on the amount of acreage taken by the county map and on the Village proposal. Mr. Frazer asked if there was money available to but all this Land and what the price per acre would be. Mr. Torkildson said a letter will be sent to the people when the appraisal are completed. He cannot discuss the price per acre since only one appraisal is in and the work is not completed. He explained that they have $1,000,750.00 at the present time but this is not near enough and they will not try to acquire all the land at one time. They will have to do it in steps as the monies become available. There was discussion of the fact that the County had just learned of the Bond Issue that the Village has for the Country Lakes area. Mr. Torkildson asked that any decision be deferred until the County has time to study this situtation and give the Attorneys time to confer. Mr. Locher said the Ass i sstant County Attorney, Mr. Munson and Mr. Askew had not known of the special assessments in that area and that we have only collected one -half of the first year's assessment. After more discussion of these new aspects, Mr. Zelinka moved to table this until the Council meeting on September 19, 1973. Mr. Marier asked if it should not be just our Attorney and the County Attorney - why should a third party get involved? Mr. Locher said the Attorney's representing U.S. Lakes should also be there. This is in order to protect their investment. Mr. Marier wondered if there was a need if we accept Exhibit A as pre- sented by the Open Space Commission. 1 1 1 1 1 1 August 30, 1973 Mr. Zelinka raised his motion. Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka moved to authorize Mr. Locher to attend the next Open Space Commission meeting with the County Park Board on an advisory basis and to ask the private land owner to participate. Also, these parties should participate in the cost of the Attorney. Seconded by Mr. Jawroski, Motion carried with Mr. Marier voting, No. There was discussion on this motion with Mr. To rkildson agreeing that the Park would be willing to share the expense of the Vi Ilage Attorney's fees. Mr. Marier returned to his report from the P &Z meeting. They had re- commended approval of a building permit for Mr. Vernon Anderson on Birch Street to build a combination garage and storage shed with the provisions that it be no closer than 200 feet to the front lot line and at least 10 feet from the side lot line. Mr. Marier moved to grant the bui l ding permit. Seconded by Mr. Jaworski. Motion carried. Mr. Ramacher and Mr. LeTendre representing Able Systems had appeared seek- ing a building permit for office space and storage at the Skyline location. They had been told to bring their present plans up to date, present screen- ing plans, have this information in the Clerk's office 10 days before the next P &Z meeting and appear at the September 19, 1973 meeting. Mr. Floyd Schake had appeared for a special use permit for his body shop located on Lake Drive. He is not a land owner and the Board did not have an application, they asked that he make out the proper forms and appear at the September meeting. Holmberg builders had appeared asking about the possibility of extending Maple Street in order to use property they are buying on the West end of the Street. The P &Z had requested they appear at this Council meeting but they were not present. The P &Z was also concerned about the looseness in which people were getting their requests to the Board. They requested that, if the material is not in the Clerk's office 10 days prior to the meeting, they would not be put on the agenda. These plans must be sent to both the planner and the Engineer in time for review before the meeting. Mr. Cardinal was absent. Mr. Boh j anen reported that he had asked Mr. Cardinal to take the matter of the pond at the Village Hall to the Park Board for a recommendation on whether it should be sealed and kept as a pond or fi I led and treated as a lawn. Mr. Jaworski reported that H &S is back in the VII lage working on the roads. The contract will allow the surfacing of Ware Road and the Seal coating of the other roads that had been agreed on. Mr. Jaworski presented an agreement that would al low the Village and Hugo to go 50/50 on the maintennce of 24th Avenue. After reading the agreement, Mr. Marier moved to sign the agreement and send to Hugo for action. Seconded by Mr. Zelinka. Motion carried. Mr. Jaworski reported that work on Lino Park wi I I be started within a 192 August 30, 1973 couple of weeks. The back stop, warming house, and the pole by the build- ing will have to be moved. The playground equipment will not be moved at this time. He asked that Mr. Back I in arrange to have the ifwer cut off at that pole and he also remove the back stop. They have 10 - 1500 watt lights donated for the hockey rink but need poles to put them on. Mr. Marier and Mr. Zelinka wi l l look into this. Mr-. Zelinka reported there had been no Enviornmental meeting. He had finished his notes on the Police meeting and had turned them over to the Mayor. The County had cut the trees on his property, but had left all the wood and brush. He wondered what should be done. Mr. Locher suggested he call Mr. Burman. Mr. Zelinka also asked Mr. Locher to draw up a relaese form for the Vi I lage to put the bulletin board on his property. Mr. Zelinka said he had had questions as to when sewer would be available in the Lakeview area - he had just listened and made no comment. Mr. Bohjanen reported that he had attended the meeting with District #12 in regards to the athletic program. This had been on the same order as the one with Forest Lake. The purpose was to get money for recreactional purposes or property that could be used jointly. There is a meeting set for Sept. 5th more wi 1 1 be learned at that time. Mr. Marier asked if we had signed the joint agreement with Forest Lake. Mr. Bohjanen said there was just discussion not an agreement. Our problem is that our Vi I lage is in three differenct school districts. There was discussion on what is expected from us. Mr. Bohjanen felt that this was preliminary and more would be discussed at the next meeting. He w i l l report back to the Counci I . Mr. Bohjanen reported on the meeting with the MSB, Centervi I le, Metro Counci l , NSSSB, #2 Service Area and Lino Lakes that he and Mr. Zelinka had attended today. They had gone over the comprehensive plans for Lino Lakes and Centervi Ile. Other methods were discussed. Mr. Bohjanen felt they were planning to proceed fairly rapidly. They need our planned land use map. Mr. Jaworski asked what happened to the one that was sent in 1971. Mr. Bohjanen said he realized that there was not much change on the map that the P &Z is working on - the MSB just wanted to know what progress was being made. He asked Mr. Locher to give a rundown on the meeting. Mr. Locher said this project is in the Capital Improvement program for 1973 which runs on the fiscal year. The money is available for the pro- ject through reimbursement funds. NSSSB objected to the interceptor in this area. They felt there was not enough population to warrant spend ing that much money in this area. They also felt that it would be putting a large burden on Sewer Service Area #2. Mr. Locher said that since we have been paying for service and getting none, he thought it was time we got some return on our investments. There would be no great effect on Service Area #2 - no bonding would be necessary. There was discussion on the objections of instal ling an interceptor in this area and the answers to those objections. The general feeling of the people from Lino Lakes was that MSB approved of the system because of the lack of lift stations. They are costly to build and maintain. The impression 1 1 1 August 30, 1973 left by MSB was that they would like to get started on this project as soon as possible. Mr-. Zelinka felt, that although they wouldn't admit it, they thought our plans were the best. Mr-. Glenn Rehbein asked when they can put laterals in Shenandoah. He would take care of the pumping or pay the Village to do it. Mr. Payne had suggested that he ask the Council to submit the plans to the MSB. He felt that the NSSSB was trying to slow this project down. The meeting seemed to be going fine until NSSSB questioned the number of homes this interceptor would serve. When that was answered, they then suggested a study to find out if this interceptor would be large enough. Mr. Marier said that if the land use plan was slowing down the project, then we could send them a copy of the one we have here. There are some changes, but very few. Glenn asked if he could put his pipe down one road and pump his sewage. He would either pay the Village or pump it himself. Mr. Zelinka asked if he had sent his plans to the MSB? Glen said, Yes, I ast year-. Mr. Marier felt that we could not pass on this. He suggested that Mr. Rehbein submit his plans to the MSB again. Mr. Bohjanen felt that this should go through the Counci i . Mr. Rehbein asked if he could get permission from the Counci I to resubmit these plans. The MSB asked for a recommendation from the Lino Lakes Village Council. Mr. Jaworski said that Mr. Rehbein's plans were drawn by our Engineers so they would fit the proposed p l ans of the Vi I 1 age. Mr. Rehbein will do some checking and be on the Sept. 10, 1973 agenda. Since Mr. Gotwa I d was not here, Mr. Marier moved to defer- the comprehensive sewer study discussion for- the Baldwin Lake Area until the next meeting. Seconded by Mr. Jaworski. Motion carried. Mr. Bohjanen suggested setting budget meetings for September. The 11th and 27th were agreed on. Al I financial information should be ready for the Council members at those dates. The Clerk will take care of making up an Election Judge list. The police Department has submitted five names to be considered for the vacancy on the Police Department. Mr. Jaworski moved to submit the applications for review by the Personnel Commission. Seconded by Mr. Marier. Motion carried. Mr. Locher has the survey from the Engineer for Lino Park. This should be review by the Park Board and must be negotiated with Mr. LeVessuer. 194 August 30, 1973 Mr. LeVessuer had told Mr. Zelinka that he would pay for the Attorney in order to get this line straightened out. The Minnesota Pipe Line Company has done a survey locating the pipe now in the ground. Mr. Locher had talked with their Attorney and they have agreed to replace the fence and repair the ball diamond. This will be put in writing and mai led to Mr. Locher. They wi I I not reduce the easement width from 66 feet. Mr. Gotwalad feels that that much was not necessary. Mr. Zelinka said since we do not have the agreement, he moved to postpone the matter until the next meeting. Seconded by Mr. Marier. Motion carried. Mr. Locher said he is sti II working on the Bi rchwood Hi I Is Stable and he would like to supeena the Vet the next time and get a warrant to search the barn. Mr. Zelinka moved to put this on the Agenda for Sept. 10, 1973. Seconded by Mr. Marier. Motion carried. Mr. Zelinka moved to app rove requisitions #286- #293 th rough #302 holding #303. Seconded by Mr. Jaworski. Motion carried. Mr. Jaworski moved to pay the bi Its #5279 through #5304 inclusive. Seconded by Mr. Zelinka. Motion carried. Mr. Zelinka moved to adjourn at 11:05 P.M. Seconded by • Jaworski. AYE The minutes approved at the meeting of Sept. 10, 1973 Clerk Treasurer Sept. 10, 1973 The regular meeting of the Lino Lakes Village Council was cal led to order on September 10, 1973 by Mayor Bohjanen. Counci Imen present; Cardinal , Jaworski , Zelinka. Absent; Marier. Mr. Locher and Mr. , Gotwald were also present. Mr. Zelinka moved to approve the minutes of August 30, 1973 as presented. Seconded by Mr. Jaworski. Motion carried with Mr. Cardinal abstaining. The Clerk reminded the Council of the Personnel Commission meeting on September 12, 1973 and the Open Space meeting on September 18, 1973. This date was cleared with Mr. Locher and Mr. Torki Idson's office. The Clerk reported on the fol lowing items: A letter from the MSB announcing meetings to discuss EPA regulations. The one our Village would be attending is at 9:30 A.M. on Sept. 20, 1973 at the Crystal City Hall. A letter from W.F. Lund of Diversified Insurance Services asking for an opportunity to submit a bid for insurance for the Village. The Counci I agreed this would be a good move for this Year. 1 1