HomeMy WebLinkAbout04/26/1971 Council Minutes1
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The regular meeting of the Lino Lakes Village Council held on April 26, 1971, was
called to order et 8:04 P.M. by Mayor L'Allier with all members present.
Mr. Jaworski moved to accept the minutes of the April 12th meeting as corrected.
Seconded by Mr'. Rosengren. Carried unanimously.
The Clerk reported that applications for car storage had been received from
Lawrence L. Byrne and Philip E. Koch, both in the Lakeview area. She stated'that
Mr. Gotwald had reported that as of 2:45 P.M. today he had not yet heard from Art
Hagen of Mattson Construction; he therefore recommended holding their check until
things are cleared up with Mr. Hagen. The Clerk stated that'she bad placed ads for
a Deputy Clerk in both the Forest Lake Times and the Circulating Pines for two weeks.
Mr. Gotwald had placed ads for Lakes Addition #2 sewer and watermain improvements as
well as for the deep well in the Times and The Construction Bulletin. The bids will
be opened on May 13th at 11 A.M.
The Clerk read the announcement of the League's 57th annual convention on June 9th,
10th, and 11th. She stated that she had omitted placing the following items'on the
agenda under old business; the community profile; NSP rate increase; and the full
time employee ordinance No. 43A. A schedule of new street lighting rates was
passed around, and the Centerville Fire Dept. report for the first quarter 1971 was
read. The Clerk wished the Council to consider' taking out a maintenance agreement
on the A.B. Dick copier since it was now paid for.: She was asked to check to see
whether both parts and labor were covered under an agreement.
W. Bohjanen moved to have the police look at the cars for which storage permits
were requested and to have them make a recommendation on them by the next meeting.
Seconded by Mr. Jaworski. Carried unanimously.
W. Cardinal reported that W. West had attended the P&Z meeting on April 21 and
had answered questions on plastic pipe. The P&Z had recommended leaving the
ordinance as it now stands. There was discussion. ,JAr. Cardinal moved that the
plumbing ordinance remain the same until future information on samples and data from
the Building Trade Assn. had arrived. Seconded by Mr. Jaworski., Carried unanimously.
Mr. Cardinal stated that Keith Apitz, who had been granted a limited commercial
rezoning on his property a year ago, had approached the P&Z with a request t� install
gas pumps. He had been sent ordinance No. 21C and 55. W. Apitz stated that he had
some questions on what °he would need rezoning to and on use and construction of the
building he wants to'put up. Mr. Locher read the uses allowed on the previous
rezoning amendment No. 6T; these'did not include the sale of gasoline. W. Locher
told Mr. Apitz "that if he,were going to use the new building for the purposes
stipulated in Ord. 6T, he could go right ahead and get,a building permit. Mr. Apitz
presented a petition for 'rezoning. Mr. Locher stated that the Council had'a choice
of allowing the land to go to straight commercial use or could simply add gas pumps
onto the uses in Ord. 6T. There was discussion. Mr. Apitz inquired about the
requirements of "making a fireproof building for a gas station. He was told to check
with the Building Inspector on the plans.
Following further discussion, Mr. Cardinal moved to continue with limited commercial
for Mr. Apitz and to set rezoning hearings before the P&Z on May 19 and before the
Council May 24. Seconded by Mr. L'Allier. Carried unanimously.
Mr. Cardinal reported that Richard Zelinka had presented plans for an operation
known as Magic Gardens and had requested Village approval, and questioned whether
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rezoning-to commercial would be required for such an operation. Mr. L'Allier
noted that he had visited the plant in Phoeniz and had been impressed by the
procedures. Mr. Cardinal stated that the P&Z had seen no problems in allowing
°Mr. Zelinke to proceed; he had been given Ord. 21C to comply with. There was
further discussion of the operation.
. Cardinal noted that he didn't see anyone in the audience from the riding
stable so this Would be taken up later; he noted'also that Mr. Locher had
presented the zoning code clessifidation at the P&Z but this was on the agenda
under old business.
Mr. Jaworski reported that here had been on Park Board meeting for lack of a
quorum; a date for another meeting has not yet been set. The Clerk was
instructed °to send copies of the Orono ordinance to all P&Z and Park Board
members so that this can be taken up at the next Council meeting.
Mr. Rosengren produced a plat map showing the easements for Maple Street and
the location of the last house to the West on Orange Street. He'felt that the
blacktop should extend as far as the platted Eva Street and suggested that a
turnaround between Orange and Maple Streets be acquired and built for the
convenience of the school buses. Since the Village recently acquired Lots 8,
9, and 10 of Block 3 of Nordin Manor, it might be possible to acquire easements
adjacent to and /or immediately South of these lots in order to make a 60 foot
road. The Assessor was instructed to determine the owners of the pare$].s in
question and Mr. Locher was instructed to contact these people to see if the
Village could purchase right of way or perhaps trade one of our lots to acquire
same.
Mr. Rosengren showed a landscaping plan by Bever Bros. for the area near the
Village Hall. There was discussion on whether or'not to fill in the present'
pond or leave it and fence it. Mr. L'Allier stated that we should check to
see what it would cost t0 run'a fence around the pond; Mr. Rosengrn felt we
should get the cost of filling it also; he thought the costs might be pretty
close. Mr. L'Allier stated that he liked'the proposed'landscaping plan.
Mr. Rosengren stated that Mr. Gotwald had estimated that the cost of building
a 22 foot road way on Peltier Drive from the curve at the South end up to 77th
Street would be $3500 excluding the cost of tree removal. The estimated cost
of moving the roadway above the hill would be some $26,000. Mr. Rosengren
recommended repairing the present right -ef -way. After discussion, Mr. Rosengren
moved to repair the present right-of-way of Peltier Drive'per Mr. Gotwald's
estimate, and to wait for completion of Mrs. Wilhelmy's survey before beginning
work. 'Seconded by Mr. L'Allier. Carried unanimously.
Mr. Bohjanen stated that there had been no C&BDC meeting, but one was scheduled
for May 6th. He n entioned'that'he had received a call from Rep. Plaisance this
evening stating that S.F. 1678 had been heard Saturday morning; it had been
referred to another House committee concerned with government construction;
possibly the bill will die in committee. He noted that so many people has
attended the Saturday hearing that they could not all fit in the room.
Mr. Bohjanen stated that newspapers in the Metro area were giving no coverage on
the Metro bills, that reporters did not even flash a camera, there was coverage
on bills concerning St. Paul and Minneapolis, but nothing on suburban affairs.
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Also, eonstdeting the way in which the Metro people walk through the crowd, he
wondered what they would do to W. He noted that S.F. 1237 would be heard again
on Wednesday at 9 A.M.
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Mr. L'/killer agreed that there had been a good turnout at the Saturday meeting, the
representation from here was better than from anywhere else, noting also that Rep."
Albertson feels that the only people opposing the bill are from Lino Lakes. W.
L'Allier stated that he had testified at the Saturday hearing and had done so
previously in the House. He noted that the House bill had passed out of sub -
committee to a full House committee, but that our area representatives feel that
we may have a "hook" on the bill since the White Bear Representative may be able
to trap it in committee. W. Bohjanen stated that all bills must be out of committee
by the 30th of April; he noted that we have made an impact on the people,,that
three busloads of people from Independence and one frown Lake Elmo had attended the
Saturday session. Mr. L'Allier noted that the Washington County Board had gone on
record opposing the bills as had the Anoka County.Board also.
Mr. L'Allier noted that suburban legislators,had voted down the bills but that
those from Hennepin and Ramsey.counties had voted for them. He feels that if the
bills come to a floor vote the outstate legislators will determine the outcome.
He thought it was good that everyone concerned were making their feelings known,
that they should keep after the legislators.
Mr, Bohjanen mentioned that both the House and the Senate had amendments from the
Inter County Council sponsored jointly by the seven county committees; however,
Roger Scherer and Stan Thorup had been unsuccessful in getting them passed. Mr.
Bohjanen noted that if one of the Senate committeemen had not walked out of the
meeting instead of voting on the amendment, the vote could have tied. However,
Sen. Thorup had no chance in his committee.
Mr. L'Allier stated that he had talked with Bruce Nawrocki, Mayor of Columbia .
Heights who is on the Metro Section of the League of Minnesota Municipalities, had
been working in conjunction with the Inter County Council on drafting bills. W.
L'Allier had copies of amendments to H.F. 1678 for the audience.
Mr. L'Allier reported that he had testified last Tuesday before the Senate Claims
Committee eoncerning.our claim to the State for reimbursement for policing time at
he Youth Center. There had been no opposition by the State. Be noted that a
House hearing on the same subject would be held the following day at 10 A.M.; he
expected no opposition there either.
Mr. Locher stated.that he had checked over the Apitz legal description and that the
legal given in Ord. 6T would be what Mr. Apitz wants. W. Locher read the wording
he had drafted for,adding service station usage to that usage given in Ord. 6T.
This was agreeable.
Mr. Locher read the letter to Mr, Godfrey Love.of Butler concerning the possibility
of future sewer service in the Youth Center, which he had written in conjunction
with Mr. Gotwald.
W. Locher mentioned the Zoning Classification Code Ordinance and read the
definitions listed on Ord, 6 on buildings. He noted that on Page 48 of the Code
Mr. Van Housen had suggested three acres as minimum size for a farm; the P&Z had
felt the size should be kept at five acres. Also, that the minimum frontage for a
five acre lot should be 300 feet. He noted the reference to Ord. 52 on fees stating
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that it was better to keep all the fees in one spot. He wished to eliminate the
R7 classification and.to change R6 to mobile home parks instead. P.U.D.
classification would refer to planned unit development., Also, the P&Z had felt
that on Page 39 G. that outdoor theaters should require special use permits
for two reasons: 1. that a tremendous amount of traffic is created at certain
times and 2. there has been a great hue and cry as to the type of films being
shown and that children living in the vicinity might have easy access to seeing
the pictures. On page 46 B. add churches to the public and semi-public category.
Mr. Locher stated that a penalty section should be added as well as a section
stating that the ordinance would be in effect from its passage and publication;
The classification ordinance would repeal some, ordinances as listed in section
1.1 and would amend portions of Ord. 6 and 21 as well as completely encompass
others. Mr. Locher stated that because the ordinance affects Ord. 6, it would
need two weeks published notice in the legal newspaper before consideration at
a hearing to amend Ord. 6.
Mr. Locher suggested having Mr. Van Housen retype the classification including
the changes and ,keeping copies on file. Mr. L'Allier thought the Clerk could
retype it for the hearing, and that the subject be put on the ggenda for the
next meeting for any corrections we have and to then set the hearing if the
Council wishes. There was discussion on the possible cost of having the
classification published. Mr. Locher noted that in 1955 it had cost $400 to
publishOrd . 6.
Mr. Locher reported that he had talked with Larry Shaw of the PCA on the burn
ban. Mr. Shaw had stated that Centerville was unique, that since it does not
abut a city nor have a population over 5,000 it does not come under PCA
regulations. Mr. Shaw had no feelings either way on this. He did suggest,
however, that Lino Lakes anticipate future building such as the Jandric project.
The Clerk handed our sheets showing the building count done by the Assessor- -
only one section (Lakeview) had more than 100 dwellings, with the section
containing Twilight Acres having 90 homes.
Mr. Locher had a copy of the ordinance adopted by Ham Lake; he noted that
APC8 had not yet been adopted by the State but expected that it would'on,
Friday. He read portions of the PCA requirements. Mr. Locher noted that an
ordinance would have to be adopted and sent to the PCA for.approval along with
a• request for a variance for the portion we wish to exclude. The Clerk was
instructed to make copies of the Ham Lake ordinance and APC8 for the Council.
Mr. L'Allier stated that be had received a letter from Mr. Hutchison of the
County Health Dept. concerning a county draft of an ordinance on garbage and
refuse, etc. Copies will be made for the Council and Mr. Locher.
Mr. Cardinal suggested setting a short meeting to discuss further the proposed
ordinance on a full -time man. After discussion it was decided to meet this
Friday (4- 30-71) at 8:30 P.M. to discuss this matter as well as for discussion
on the burn ban.
Mr. Cardinal noted that the people from the Riding stable were here. Mies
Sandra Dobryanow came forward to answer questions, while Mr. Cardinal explained
that Miss Dobryanow would like to have George Smith's special use permit,
assigned to her. Miss Dobryanow,had stated at the P&Z meeting that she would
be in business by herself, that she had presented slips showing she had
purchased fence and posts, that she would keep about the same number of head
as Mr. Smith, about 35.
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Miss Dobryanow stated that she has the fences repaired, that someone had
recently out her fences on the North corner, letting the horses out. Her
cousin stated that they were putting good locks and chains on the gates and
were putting barb wire and planks across the back lines. They had sold the six
small ponies that had caused most of the trouble,
W. Cardinal mentioned that the P&Z had recommended granting permission to reassign
the special use permit providing that it carries the original stipulations. There
was some discussion on insurance liability for damage caused by the horses if they
got out, with it being noted that she would be responsible for such damage
regardless of the reason the horses might get loose.
After considerable discussion, W. Cardinal moved to assign the special use permit
from George Smith to Miss Sandra Dobryanow with the same stipulations attached;
also, that when the Council has received three eomplaints,on the stable, that they
will call for a review of the special use permit at that time or at any time that
the Council may see fit; also, that the applicant understand that any damage
resulting from her negligence is her own responsibility unless it can be established
that such damage was not her responsibility. Motion seconded by Mr. Bohjanen.
Carried unanimously. The Council was told that the dog catcher had removed the
dog which was causing problems at the stable.
Mr. Bohjanen requested a copy of the USGS maps of Lino Lakes for his own use.
Mr. L'Allier reiterated the pervious discussion on the proposed agreement with the
North Suburban Sewer Service Board, and then moved that Lino Lakes join the North
Suburban Sewer Service Board. Seconded by Mr. Cardinal. Carried unanimously.
A letter advising the Board of our joining and a check for $250 will be sent to
the Chairman of, the NSSSB.
Mr. Jaworski stated that the committee had not found time to meet on license fees,
but hoped-,to.by the next meeting.
Mr. Bohjanen questioned the population figure entered on the Community Profile.
The Clerk was instructed to write to the State asking for a clarification as to
whether our population is 3661 or 3692.
Cleo Cross was in the audience. Mr. Myhre stated that he had been fined $100
which would be suspended if he cleaned up the junk cars within 10 days. Mr. Cross
stated that he had only three to remove; also that he had 7.6 acres of land. Mr.
Cross presented a letter, which was read, from the County stating that he was in
violation of Village ordinances on the keeping of animals. W. Locher stated that
this must be an error since Lino Lakes allows animals on five acres; also our
ordinances impose no limit on the number of animals which can be kept on five acres.
W. Locher noted that the County was concerned with PCA regulations on feed lot
operations which are restrictive where there is a possibility of drainage of feeds
into waters not contained on the property. It is apparently ok to pasture cattle
near a creek if there is no operation of feedlot. W. Cross stated that he
pastures all his stock and only feeds them in the winter.
W. L'Allier noted that the cattle were not our problem but that the junk cars
and manure near the ditch area were. W. Cross stated that the Council ought to
look at several other places on Highway 49 and County Road J besides his place.
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Jerry Kemnitz was told that he would need no building permit for a pole barn if it
was used for agricultural purposes; he stated that he had seven acres.
It was noted that the Council couldn't do much about the 0 NSP rate increase.
W. Rosengren stated that the air compressor was here and worked; they would
like to run 1/2" pipes from it to the front and side doors.
Mr. Locher stated that the letter from Mrs. Sarner's insurance agent would
serve as a certificate of insurance of business coverage on her car.
W. Jaworski moved to pay the bills as audited except that the check for
Display Sales Co. would be held for clarification, and the payroll checks
would be held for two employees until they sign their time cards,` Seconded
by Mr. Rosengren. Carried unanimously.
The Clerk was instructed to check with the County for a current list of dumps
and to send copies of said list to the Council and to Mrs. Sawyer, Rte. 1,
Hugo.
Mrs. Rykel was told that her property was zoned residential /agricultural, but
not commercial. Mrs. Swanson was told that dumping was not allowed in the
Kelling area. She mentioned that a street into the Village looked like,
Tobacco Road. Mr. L'Allier noted that the Weed Inspector would look at the
weeds. Mrs. Rykel wondered who picks up the plastic garbage bags which are
dumped along the roads and was told that whoever has jurisdicticn'on the
roads would clean it up.
Mr. Bohjanen moved to adjourn at 9:56 P.M. Seconded by Mr. Jaworski. Aye.
Minutes approved at the meeting of May 10, 1971
Clerk — Treasurer
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