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HomeMy WebLinkAbout05/24/1971 Council Minutes1 1 1 5/24/71 The regular meeting of the Lino Lakes Village Council held on May 24, 1971, was called to order at 8 :16 P.M. by Mayor L'Allier with all members present. 21 After discussion on the cost of the proposed road work for 1971, Mr. Cardinal moved to accept the minutes of the May 10th meeting as written. Seconded by Mr. Jaworski. Carried unanimously. The Clerk reported that $40 had been received in municipal court fines. A renewal application permit for Sign #25 had been received,from the Out Post. Also, one copy of the Metropolitan Development Guide had been received. Mr. L'Allier suggested that this copy be.kept,as an office copy, with the Clerk to try to get additional copies. Mr. Cardinal moved to accept the renewal of Sign Permit #25. Seconded by Mr. Rosengren.- Carried unanimously. The Clerk reported that a complaint on horses being loose had been received against the Lino Lakes Riding Stables, copies of which had been sent to the Council members. After discussion, Mr. Bohjanen moved to seta special hearing to consider the cancellation of the Special Bee Permit presently held by the-Lino Lakes Riding Stable and to have the notice served by the police officers; the hearing,is to be at the next regular meeting. Seconded by Mr. Jaworski. Carried unanimously. Mr. L'Allier noted that this complaint consisted of more than one complaint and that the Council had been bending over backward to give these people a chance. Mr. Cardinal reported that at the P&Z meeting held on the 19th of May, Ken Rehbein had requested a variance on a 100 x 107 foot parcel on Aqua Lane. Mr. Rehbein presented a check for $25. Mr. Cardinal moved to grant a variance to Ken Rehbein for the following described piece of groperty: The northerly 107 feet of the westerly 100 feet of Government Lot N.. 3, Section 20, T31, R22, Anoka County, Minnesota. Seconded by Mr. Bohjanen. Carried unanimously. Mr. Cardinal reported that Mrs. Bob Lundgren had requested a variance, but that the surveyors were slow and had not yet completed that parcels certificate of survey. The P&Z had recommended that the Council grant the variance provided that she gets the certificate of survey. Mr. Cardinal stated that this was a lot between the old house and Laska's house, having 175 foot frontage, but.less than one acre. Mr. Locher went to get the Plat Book. Mr. Cardinal reported that Mr. Ramberg of the NV Saddle Club had attended the P&Z meeting and because of vandalism and damage from shooting had requested a temporary trailer permit while they construct a house on the property. Mr. Cardinal stated that Mr. Ramberg had come tonight,.but feeling ill, had left. There was discussion. Mr. Cardinal moved to grant especial permit for a trailer while the house is being built, this to be a 90 -day temporary permit with renewal as it conforms with the ordinance. Seconded by. Mr. Rosengren. Carried unanimously. A copy of Ord. 6Q will be sent to Mr. Ramberg. Mr. Locher pointed out the Lundgren parcel on the plat map, mentioning that the parcel immediately above the one in question had been split off prior to the passage of Ord. 21A,' and an the remaining land bad been sold on contracts for deed and deeds, leaving this an isolated percel on the West side of Holly Drive, which meets the minimum width, but not the 2 1/2 acre minimum. The County posts are not yet in. Mr. Cardinal moved to grant a variance to Tins. Bob Lundgren with the stipulation that she provide a certificate of survey when they are finished,, on the following 5/24/71 described parcel: That part of the NE 1 /4_o_ th . a_ _ of Section 33 wnshii 31, Range 22 Anoka ount }dinne •w44 to -wit; Beginn a_t_ the Southeast corner of sair 114 of 5 -1/4 the Northalong the East 1jne thereof, for 930 feet to the_point of beginning of the tract of land'_ to be hereby described; thence eontipue North_on.the..same_course for 175 feet; _ thence West parallel with with the South line of said NE 1j of SW 1/4 _QfSW 1/4 198 feet; thence South paral1^ _ ,vith the described first course, for 175 feet; thence East, parallel* The rezoning hearing for Keith Apitz was called to order at 8:32 P.M. Mr. Cardinal reported that Mr. Apitz had been at the P&Z meeting, but that he had not quite complied with Ord. 21C, that a few things were missing. Mr. Tom Van Housen had suggested in a letter what was needed. Mr. Apitz had presented a cheek for $100 at the P&Z meeting, and would have the balance of what was needed for compliance at the next P&Z meeting on the 16th of June. Mr. Cardinal moved to continue the Apitz hearing before the P&Z on June 16th and before the Council on June 28th at the same time. Seconded by Mr. Jaworski. Carried unanimously. Mr. Cardinal moved to close the Apitz hearing at 8 :34 P.M. Seconded by-Mi. Rosengren. Carried unanimously. Mr. Cardinal reported that Don Lund of 3M National Adv. had requested the P&Z grant a variance to the sign ordinance on the Fran Burgue land for a 3rd sign 1100 feet from an existing sign. The P&Z had recommended denying the request since the distance was short 100 feet and because the location was less than 500 feet from the next house. Mr. Cardinal moved to deny this variance request by 3M National Adv. on the Burque property for the following reasons: 1) that it did not comply with the 1200 foot space requirement, and 2) that it did not comply with the 500 foot requirement from a residence, also that the Clerk send a letter stating same to Mr. Burque with a carbon copy to Mr. Lund. Seconded by Mr. Jaworski. Carried unanimously. Mr. Cardinal stated that Mr. Fred Memmer, representing WCCO radio, had presented a petition for a special use permit for a 900,foot replacement tower for the one in Anoka, this tower to be built on the Lundgren property west of Holly Drive. Mr. Rosengren noted an error in the P&Z minutes, namely that it said 9000 feet. Mr. Locher stated that this did not require a rezoning, and would be allowed under Ord. 6 if a special use permit is issued under the public utilities service section. The accompanying building would be small. Mr. Cardinal noted, that in contrast with the small taxes paid on the telephone tower, this tower would bring in a considerable amount. After some, discussion, Mr. Cardinal moved to set a hearing for a special use permit for the- WCCO radio tower at 9 P.M. before the P&Z on June 16th and the Council meeting on June 28th. Seconded by Mr. Jaworski. Carried unanimously. The Clerk inquired about a conflict in time scheduling since the Zoning District .Ordinance is also scheduled for those. evenings. .Mr. Locher stated that it was no problem as long as the hearings were not called early; they can be called later than scheduled, whenever convenient. The Clerk read the list of liquor license applications which had been received, noting that the 49 Club had not submitted applications. Mr. L'Allier advised her to send a letter to them advising them of the time limit by the State, and that if clearance is not received in time from the State, we may holdup their licenses. The Clerk noted that the off -sale applications needed signatures by the Fire Marshall. Mr. Rosengren noted an error in his bond on the date of expiration. * with described second course, for 198 feet to the point of beginning. Subject to any existing easements, covenants or restrictions. Seconded by Ur. Rosengren. Carried unanimously. (Corrected description authorized at the November 8, 1971 meeting. 5/24/71 23 .,Mr. Bohjanen moved to, issue liquor licenses as outlined with the stipulation of proof of signatures, insurance and bonds being received before the license :is issued, to the following: Circle -Lex VFW Post --Club on -sale and Sunday on -sale; Ruth E. Freeman --off sale; Henry Rosengren_: on sale;- Stanley Thayer --on sale and Sunday on -sale; Chomonix Country Club-- onAsale; B.K.O.,, Inc. --on sale,. Sunday on- sale off -sale. Seconded by Mr. Jaworski. Motion carried with. Mr. Rosengren abstaining. Mr. Jaworski reported that the Park Board had met on May 17th and discussed the wetlands ordinance. He noted that the P&Z minutes referred to the Orono ordinance, but this was in error. Mr. Jaworski moved to turn over the proposed wetlands ordinance to the P&Z for study and recommendation on the possible inclusion of such a classification in the zoning classification ordinance. He noted that the P&Z had set a special meeting for June 2nd for such discussion. Mr. L'Allier noted that we were in no hurry, that we should do this up right. Seconded by Mr. Rosengren. Carried unanimously. Mr. Rosengren reported that the boys had worked on 7th Avenue last week in prepara- tion for gravel and blacktop, but that the wet weather had stopped work on Oak Lane. He was waiting for prices on material for the roads and the pond. He inquired whether the Council was concerned with a time factor on the pond. He felt that we should run plastic pipe for the pond and shape it better, making it smaller. Mr. Bohjanen had obtained a brochure with prices on Bentonite for use under the pond; Mr. Rosengren was waiting for prices from Roseacres. Mr. L'Allier asked both men to get estimates, etc. • Mr. Rosengren stated that he had,gotten the material for the fence around the air conditioners today at a cost, of some $46.00; he thought it would take three or four hours to put it up. Mr. Rosengren noted the information received from Mr. Burman on contract prices from the County gasoline, etc. He felt that if we had our own storage we could save quite a bit on the gasoline elone1,even if.'a11 the vehicles. used ethyl. Ater discussion, the Clerk was instructed•to make a tally of the amount.and cost of the gasoline used per year, and to send the amounts to the Council members. Mr. L'Aliier instructed Mr. Rosengren to keep his eyes open for a used tank; Mr. Rosengren noted that a 5000 gallon tank'did not cost much more than a 2000 gallon tank. Mr. Backlin noted that a Mr. McKinnon would be in with prices on culverts., Crystal Ahlman asked when we would fix. Vicky Lane, noting that the gravel put in was gone and that she had damaged her car. W. Jaworski asked about 4th Avenue. Other roads were discussed. The work will have to wait for good'weather. Mr. Bohjanen reported that he had checked on charges for use of Village Halls for civic purposes. Plain and Lexington had answered that neither charged anything, but Blaine did if excess junk was left after a meeting. 'He stated that he hadn't talked since with the Drifter's, but they had previously indicated that they were willing to pay for the clean -up. He noted that Blaine has someone there in the evenings and that we could do the same here on scheduled meeting nights. He stated that he would like to meet again with the Drifters. W. Jaworski stated that he couldn't see any reason to charge the groups; Mr. Rosengren wondered about scheduling, but Mr. Bohjanen thought this was no problem since Blaine has four times as many people and meetings and have no trouble scheduling. Mr. L'Allier stated that the scheduling should be cleared through the Clerk who handles the calendar, Mr. Bohjanen thought these would be set up on a regular basis. Mr. Bohjanen stated that they had not yet jelled the details on the coronation. He noted that the Metro Park bill was dead in the House, but that we shouldn't get 24 5/24/71 our hopes up too high. W. Jaworski noted that there was considerable pressure to get the matter up in the special session; W. Bohjanen stated that there was pressure against it too. W. Bohjanen also noted that someone from Lino Lakes had attended all the hearings. Mr. L'Allier stated that he had had a call from Vern Plaisance who was concerned that the bill isn't dead and probably will come up in the Special session. W. Plaisance had noted that the bill would have been dead except that Mr. Albertson had put it on Special Orders, bringing it from the bottom to the top of the list, but that it had required a 2/3 vote instead of a majority; it didn't get the 2/3 vote. W. Plaisance feels that if it comes up in the special session, it will get the majority vote. There was discussion on contacting the Governor; Mr. Bohjanen noted that this was not a party matter. Mrs. Gould felt that another copy of the petition should be sent to the Governor; the Clerk was instructed to do so. There was more discussion. Mr. L'Allier noted that e bill had been passed on Saturday alloting a $250,000 appropriation plus Federal matching funds for making the B Building at the Youth Center a secure facility; however, this was the only basic bill concerning the Youth Center which had passed. Crystal noted she had seen three kids running towards the Youth Center one day with the squad car behind, which looked pretty funny. Mr. L'Allier noted that the population is way down at the Youth Center now and seems to be all over the State; no one knows why. Ordinance No. 43A. was discussed. Mr. Locher was concerned with Section 15, listing the title of jjait full -time man. After discussion it was decided to change the line to read, "Permanent full -time men shall each have the title of 'Utilities Maintenace Man'." Mr. Locher stated that he had checked the section on Holidays and found them to-correspond with State Law. Mr. L'Allier wondered what will happen when we have full -time police. W. Locher stated that they should be dealt with in a different ordinance. Section 12 was changed by adding the words, "or to police officers ". Mr. L'Allier read the heeding of the ordinance, noting that it repeals Ord. 43 on Employees. Mr. Cardinal moved to adopt Ordinance 43A and to have it published. Seconded by Mr. Jaworaki. There was discussion on Section 16 regarding PERA and Social Security, but it was decided that the phrase, "as required by State Law ", handled all situations. The vote on the motion was unanimously in favor. Mr. Locher reported on his findings of ownership of the parcels in question in Nordin Manor regarding a possible turnaround or extension of Eva Street. After discussion, Mr. Bohjanen moved to authorize Mr. Rosengren and the Engineer to check out the maps and adjoining paroels,(#36O & Lot 12) to the West of those in the report and to decide what approach to take. Seconded by Mr. Jaworaki. Carried unanimously. The clerk was instructed to send I. Gotwald a copy of Mr. Locher's letter and map. Mr. Jaworski felt that the municipal license fee ordinance'would be ready next meeting. Mr. L'Allier asked him to contact the Clerk as to whether it should go on the agenda. The Community Profile will be taken care of later. Mr. Jaworski stated that he had taken a walk with Mr. Myhre through Centerville Park and felt strongly that we should send a letter requesting the following: 1. Allow parking on only one side of the road, preferably the lake side. 2. Add areas for parking, since the facilities are now inadequate. 3. Build some type of fireplaces. 5/24/71 25 4. Put up new barricades to replace the posts. 5. Finish the road as soon as possible. 6. Make the road one -way within the Park itself since it is not wide enough for two oars to meet. There was considerable discussion, with it being noted that an additional "closed" sign has been put up, and that the County won't do anything until they see how the Metro Park bill comes out. Mrs. Bohjanen suggested adding toilets at the top of the list of things to put in. Mr. Jaworski moved to send such a letter to the County requesting the above mentioned items, including sanitary facilities. Seconded by Mr. Bohjanen. Carried unanimously. Mr. Jaworski felt that if the County were going to do nothing with the park then they should barricade the entrance. Sewer license applications had been received from Alfred Maisio (renewal) and from Dwayne Cardinal. Atter discussion, Mr. Rosengren moved to grant sewer licenses to Mr. Maisio and Mr. Cardinal with the stipulation that proof of current bond and , insurance be attached to Mr. Maisio's. Seconded by Mr. Bohjanen, ,Carried unanimously. Mr, L'Allier reported that a hearing had been set by the Minnesota Water Resources Board on the Rice Creek Watershed District for 10 A.M. on June 10th; he asked Mr. Bohjanen to( attend. Mr. Bohjanen noted that they will alsb net on the 1st of June to petition for nominees for the Board of Managers at the same school. The Clerk was asked to send Mr. Bohjanen a copy of the hearing notice immediately. Mr. Bohjanen stated that the matter was at a stalemate due to waiting for the Metro Council on the Park thing. Mr. Cardinal asked the Council to set a time for the Riding Stable hearing, it was decided that the letter would include the time set for 9 o'clock P.M. Mr.aLocher reported that he had received a request for a building permit from a Bernard Ness for Lots 9 & 10, Block 5, Lexington Park Lakeview, except for the West 1/2 of each, according to Torrence Title Certificate Number 33921. He noted that the lots had been split in 1961 prior to Ord. 21A, but that a building permit had been. denied at that mime because of the covenants. The Ness' attorney had obtained a court statement that the. covenants. were lifted; Mr.. Locher could see 'no reason why they could not be given a building permit. He stated that it would set no precedent since this had oecured once before. John Juleen mentioned that there was a 10 foot easement through the middle of the lots in that block; he felt that since the lots were 1 acre in size that eventually there would be a roadway built through the middle, and that these people should be made to leave an additional 30 foot easement for such a road, There was considerable discussion; Mr.-,Rosengren noted that the drainage on Blocks 5 and 6 was poor and that a drainage ditch should be constructed in each. Mr. Locher felt he should get together with Mr. ,Gotwald On this. Mr. Rosengren moved that the matter of future roadway easements in the Lakeview area be referred to the Engineer to make recommendations as to special areas to be set aside for water, sewer and streets in the Lakeview area. Seconded by Mr. Cardinal. Carried unanimously, The Clerk was instructed to write 'to Mr. Dupre, allowing the building permit but writing thereon that a 40 foot easement must be left for future improvements on the east side of the lots. The Clerk was asked to get clarification or the time of the Board of Review meeting since Centerville,'s is set for the same evening. Cards on the correct date will be sent to members. Mr. Cardinal felt that we should not pay Skelly's bill since the license numbers are not listed on the tickets. John Juleen stated that he couldn't see how the Village could afford to pay the costs of prosecution when the new State laws on burning are adopted. He noted that we got very little out of the small fines and no costs to reimburse his and the Attorney's time, This was discussed at length. Mr. Locher noted that it is up to the judge what fine to set. He suggested giving a warning for the first offense,- ,and a ticket for, the next offenses, or making the decision on what to issue on the seriousness of the offense. Mr, Cardinal- inquired about the amount Of the gas bill at Sunrise Park, Mr. Jaworski will check it out, noting that the gas was supposed to be shut off.' Ken Skoglund stated that he thought the Village should get something out of fines on ordinance violations, but that he disagrees with Ord. 24. He stated that the Judge had said that is was ignorant of the Village not to have handed out copies of the ordinance to its citizens, and that he felt that he should get his fine back from the Village. There was considerable discussion on his court case as well as on previous years when copies of several ordinances have been handed outdoor to; door. Mr. Skogland stated that only Mr, Rosengren had known the burning hours ;-the Fire Marshall had been unable to give the hours in Court. . . Mrs. Gould stated that people in the Twilight Acres didn't know anything about hours for buring, and could have been fined too. She had inquired whether the PCA regulations had been adopted and was not told of any other restriction, Mr. Jul.een gave the hours, Mr. L'Allier asked members of the press to make a note of the ordinance and the hours in the papers, Ken Skoglund stated that he had tried to get a set of bound ordinances from the Clerk but couldn't. Mr. L'Allier noted that the Council has not been asked to have a complete sets of ordinances made up. The Clerk stated that Mrs. Skoglund had asked for a book of ordinances and had refused to take single ordinance copies. Mr. Skoglund stated that the Methodist minister had suggested that new ordinances be sent to the churches for announcement from the pulpit, Mr, L'Allier felt that it was a good idea for new ordinances to be sent to the business places and the churches.. This was discussed further. Mr. Bohjanen moved to have the Clerk make 50. copies of- mineographed ordinances in bound covers and to keep track of the cost and time involved; this:set to include only current ordinances in effect, Seconded by-Mr. L'Allier. The motion was changed to state that the ordinances would be photo - copies. Motion carried unanimously. Ken Skoglund asked for verification that the Village Engineer was Milner Carley & Assoc., with George Gotwald our representative. He was told that this was so. Mr. Skoglund wondereu why this firm has been relieved of their duties in 2 other municipalities in the last few months ;. was it because they let things slide or did a poor job? He stated that he had worked for the firm; also that they are supposed to handle a job but then won't do it, .thus leaving it for the municipality to do. There was discussion, Mr. Rosengren noted that they are only consultants for the Village and we do the roadwork; however, on the sewer and water they will handle the job as part of the contract; they have an inspector on the job all day. Mr. Rosengren told Ken that they are paid by the hour for consulting _services* however, on sewer and water projects the cost is built into the contract. Mr. L'Ailier stated that if the Council has an answer to tell Mr. Skoglund and advised contacting Carley if members had any questions, . Ken noted that they had been relieved in New Brighton after serving as Engineer for 20 years. He noted that Don Carley's father had died last year and that Black from Illinois had replaced the firm in New Brighton. Mr, Cardinal asked Ken if Carley had been relieved or had bowed out; Ken stated they had been relieved. Mr, Bohjanen moved to pay the bills as audited, but that the tickets fxm Skelly be sent back for license numbers to be put on, and that we again request this be done. Seconded by Mr. Cardinal. Carried unanimously, Mr, Rosengren noted the 42.9, price on ethyl. 1 1 1 27 5/24/. Mr. Cardinal moved to adjorn at 10 :15 P.M. Seconded by Mr.,Rosengren, Aye, Minutes approved a t the meeting of June 14, 1971( ,/ Clerk - Treasurer 5/24/71 A special meeting of the Lino Lakes Village Council held on May 24., 1971, was called to order at 8 P.M, by Mayor L'Allier with all members present. The meeting had been called to discuss the bids received on the well and sewer and water laterals for the Chamonix project, However, Mr. L'Allier had received a call from Mr. Gotwald this afternoon stating that Mr, Gotwald had met with the Fiscal Agent who had advised waiting to award the bids until the Metro Council has met and taken official action on the 1971 projects submitted by the Metro Sewer Boarde ;The purpose of calling the meeting to order was to continue it. to a later date,. Mr, L'Allier stated that the problem was that the Metro staff had one on record recommending to the Metro Council that they not build the interceptor. He read from the pink memorandum from the staff: "The planning staff feels that additional efforts should be made to preserve this area as recommended in the short -range objectives of the Open -Space Guide." Mr. L'Allier stated that the Engineer and the Attorney` had attended the referal committee hearing, as well as a representative of the St. Paul Water Dept. Mr. Locher and Mr. Hamblin from the Water Dept. had testified in our behalf, noting that sewage should be diverted from Centerville Lake, After the testimony the Referral Committee had gone on record favoring the building of the interceptor. Mr. L'Allier stated that he had since been told that the staff will again try to convince the Metro Council against building the interceptor and that they will meet sometime this week. He wished the Council to authorizes the_Engineer and the Attorney to attend that meeting and to testify since they are trying toekeep us from developing which they may well do if there is no interceptor. Crystal Ahlman asked if the public could help by attending the hearing and testifying. Mx. L'Allier thought this was a good idea, but he felt that pro- fessional testimony would bring more success. Mr. Locher noted that it was a matter of space, the room had been filled to capacity at the last hearing. He noted also that they had received late notice, commenting that the Anoka mayor and a member ,of the Council staff hadn't known ahead about the hearing. He thought that Crystal might select a few spokesmen since' there was not room for many. Mr.,L'Allier commented that they have argued the Park thing, that it will solve the polution problem. Crystal ,asked if it was not the Metro policy to have surprise meetings; the Metro Council knows,that Lino Lakes will fight, Mr. L'Allier noted that this has been their history. Mr. Bohjanen felt that they had poor coordination on information. Mr. L'Allier noted that if we become too volatile, they may retailiate. Mr. Locher noted that the Anoka - Ramsey project and the Golden Valley-New Hope project, as well as others were rejected. This a question of priority since there is not enough money for all the proposed projects. He had