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HomeMy WebLinkAbout05/10/1976 Council Minutes1 May 10, 1976 The regular meeting of the Lino Lakes City Council was called to order at 8:05 P.M. on May 10, 1976 by Mayor Bohjanen. Council members present; Karth, Schneider, Zelinka, Mr. McLean will be late. Mr. Locher and Mr. Gotwald were also present. Mr. Karth moved to approve the Minutes of April 26, 1976 as presented. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Zelinka corrected the minutes of May 5, 1976 as follows: ..Page 1, paragraph 9, add the word 'pipes' after the word 'water' in the first line. Mr. Zelinka moved to approve the minutes with the above corr- ection. Seconded by Mr. Karth. Motion carried unanimously. Mr. Lee Starr of the Metropolitan Planning Staff was present to discuss possibly needed changes in the City's regulatory Ordinances in order to conform to the stipulations connected with the installation of the inter- ceptor. Mr. Starr said the Metropolitan Council will ask the City of Lino Lakes to limit the growth within the next ten to fifteen years so as not to require services over and above the capacity of the proposed force main intercep- tor now proposed for the southwestern portion of the City. This interceptor will service Country Lakes, Shenandoah and the Baldwin Lake Trailer Court only until the City adopts Ordinances as directed by the Metropolitan Council so as not to require the installation of another inter- ceptor. Mayor Bohjanen asked Mr. Starr if the City's plans must comply with the Land Use Bill and Mr. Starr said, ultimately. Mr. Starr said the major concern of the Metropolitan Council is to protect their investment in the interceptor. They want to examine the City's curr- ent Ordinances and suggest changes to make them more effective. Mr. Starr was asked who the staff members would be and he said he would be one, Mr. Barton and Mr. Karl Burandt would be the others. Mr. Starr said in conjunction with the Land Use Bill, the Meto Council will issue a Metro Systems statement. The Lino Lakes Comprehensive Land Use Plan should reflect Metropolitan Council capacity in all areas. Mr. Starr also said there are some areas where the City could also be exempt. It will be one year before the statement is out and the Cities have three years to modify their plans to conform. Mr. Zelinka told Mr. Starr the City has received petitions for sewers along Highway #49 and in the Lexington Park Lakeview area. Could he respond as to Metropolitan Council response to these petitions? Mr. Starr said he felt there would be no problem documenting sewer problems in the Lexington park Lakeview area and if the regulatory Ordinances are in order. Mr. Schneider questioned the time schedule for this work to be done. Mr. Starr said the Metropolitan would want the Resolution stating the City will conform to their wishes by the first of June and the changes to be accompl- 7i 78 May 10, 1976 ished by December of 1976. Mr. Starr said that no additional sewer service will be provided to any other area of Lino Lakes until after 1985. Mr. Karth asked who decided that Lino Lakes would not need sewers before that time. Mr. Starr explained the population projection used by the Metro Council and how it was allocated to arrive at the year 1985 before any land in Lino Lakes would be needed for development. Mr. McLean arrived at 8:45 P.M. Mr. Starr said what is needed is a Resolution of intent to consider the ordinances and amend if necessary. Mr. Locher said the City has adopted the State Plumbing Code by reference - wili it be necessary to have a more rigid code than the State? Mr. Starr said, No, the staff will work with Lino Lakes to make sure the regulations are in order and to define the urban service area. What is need- ed is just a resolution stating the City's intent to look at the regulatory controls and amend if needed. Mr. Starr felt they could work out a 'common sense' approach to the Comprehenseive Land Use Plan and the Comprehensive Sewer Plan. Mayor Bohjanen asked, if what Mr. Starr wasn't saying is that Metro Council has controls over the City and if they don't want Lino Lakes to expand, then the City won't be allowed to expand? Mr. Starr said, basically, Yes. Mr. McLean asked what specific list of things is the Metropolitan Council asking for? Mr. Starr said 1) to look at the regulatory ordinances 2) suggest changes 3) certain agreements by the City. Mayor Bohjanen felt a Resolution granting this is out of line. Mr. McLean said this would be like signing a blank check. Mr. McLean asked if this would be the same sort of sessions as the ones held in conjunction with the formation of the Comprehensive Land Use Plan and Mr. Starr said, NO. Mr. Starr was questioned on the proposed 10 acre lot size and he said the Metropolitan Council intent is to limit growth so as not to generate a need for services - no premature demands for services. Mr. McLean asked if the Metropolitan Council would accept the one acre lot size now in effect in Lino Lakes? Mr. Starr said if the City could show that no pollution would occur and the one acre lots would not generate a demand for services, there would probably not be any objections. A discussion of the S. A. C. now being paid by all new construction no matter where located within the City was discussed. The suggestion that the lands located out of the urban service area would not be required to pay this amount was asked of Mr. Starr. He said he would have to go back to the Metropolitan Council minutes for an answer. 1 1 1 May 10, 1976 Mr. Karth asked how long before the Council has this information and Mr. Starr said within the next week. He will also get more definitions of what is expected of this Council and a time table. Mr. Zelinka said it would be difficult for this Council to write a Resol- ution saying what the Metropolitan Council expected of this City. He asked Mr. Starr if he would write such a Resolution and Mr. Starr said that he would. Mr. Starr said he would prepare the necessary papers and get the required information for the City and have ready before the Planning and Zoning Board meeting scheduled for May 19, 1976. Mayor Bohjanen asked Mr. Gotwald if this would delay the Highway #49 and Lakeview projects? Mr. Gotwald aaid he didn't think so. Mr. Karth asked, if the Highway #49 project is approved by this Council, can the Metropolitan Council say No. Mr. Locher felt that was what had been said here tonight. The Clerk reported on the following items: ..A letter from NSP asking the City to require all contractors to call that company before any excavation is done. Mr. Zelinka felt these companies should provide the City with a map showing where all the buried utilities are located. Mr. Gotwald felt the companies would comply with this request. He also said his firm will furnish the City with a map showing where all the sewer lines are located. Mr. Zelinka moved to have the Clerk write to all agencies and Utility com- panies requesting a map showing where their company has buried utilities within the City of Lino Lakes. Seconded by Mr. McLean. Motion carried unanimously. ..The Board of Review meeting is scheduled for Monday, May 17, 1976 at 7:00 P.M. for consideration of the 1976 assessment. Mr. McLean and Mr. Zelinka will be unable to attend due to a prior scheduled meeting in conjunction with the power line and Mr. Schneider will be out of town. The meeting will have to be called to order and continued to a date convenient for the Anoka County Assessor's office. ..Reported a form for use by Mr. Springsted had been received. The Clerk was instructed to provide the information requested. ..A letter from the Metropolitan Waste Control informing the Council of their approval of the Municipal User Charge System in connection with the sewer rates. ..Reported the application by the White Bear School District #624 for Federal Funding under Title 111, Older American Act, was to be used for transport- ation costs in conjunction with their Senior Citizen program. ..A letter from the Handicapped of Minnesota asking the requirements for house to house solicitation within the City of Lino Lakes. There was some May 10, 1976 discussion on this since the City has no regulations at this time. However, the Planning and Zoning Board is studying this matter and similar ones. Mr. McLean will report any recommendations from that Board. ..All members have a copy of the form to be filled out for the Planned Use Report for the Federal Revenue Sharing for the last half of 1976. Mayor Bohjanen reported that Mr. Larry Brokke had called and asked to talk to the Council. Mr. Pierre Nadeau asked how this man had gotten on the agenda and Mayor Bohjanen said that any citizen that has a problem or a complaint has the privilege of appearing before the Council. Mr. Nadeau said this man had appeared before the Planning and Zoning Board and had been told to apply for a special use permit. Mr. Brokke said he had applied for a special use permit. The Clerk con- firmed this and said he is on the agenda for the May 19, 1976 Planning and Zoning Board meeting. Mr. Brokke said he asked to appear before the Council to explain why he had to move in the property located on 20th Avenue South before the special use permit had been considered. He had to move in due to the closing. Mr. Zelinka asked what type of business he has and Mr. Brokke said he is in the tree service business and is asking permission to park his trucks at the 20th Avenue location. He has purchased land directly to the North and plans a storage building and office as soon as he can arrange it. Mr. Nadeau said the land is zoned ag. or residential and was sold for comm- ercial use knowingly by the Real Estate Broker. Mr. Nadeau felt a letter should be sent to Hermes in Forest Lake on this matter . Mr. Brokke said he had planned to buy land from Mr. Nadeau but the price got too high so he bought from Rehbeins in Centerville. He will construct a building on this proerty for the business operation. Mr. Nadeau said Mr. Brokke intended to use the house for his business. There is 4 to 6 trucks parked in the yard. Mr. Nadeau said he has not seen any plans to move the business out of the house. He felt if this operation is allowed to contiue, the City might as well forget the zoning ordinance. Mr. McLean asked Mr. Brokke if he could park the trucks in Centerville for the time it would take to appear before the Planning and Zoning Board and the Council? Mr. Brokke said he would try. Mr. Nadeau felt if Mr. Brokke was building in Lino Lakes, the City would have control but since he is building in Centerville, the City has no control at all. He felt the Real Estate firm had acted unethical. Mr. Locher said the Ordinance says the non - conforming usage can only exist for three years after the passage of the zoning ordinance. Mr. McLean moved that until the Planning and Zoning Board and the Council had heard this petition for a special use permit, Mr. Brokke should park his large trucks out of Lino Lakes. 81 May 10, 1976 Mr. Nadeau asked if the establishing of a business phone in a home does not make that a commercial property? Mr. Zelinka said that when he first started Forjay, he had the phone at his home and that did not make his res- idence a commercial property. Mr. Locher read the home occupany allowed by the Ordinance and felt a phone did not constitute a business. Mr. Schneider seconded Mr. McLean's motion. Motion carried unanimously. Mayor Bohjanen had received a copy of the proposed amendments to the Anoka County Shoreland Ordinance. Mr. McLean asked if there is a County Ordinance and a State Ordinance which one takes precedence? Mr. Locher said the County Ordinance only effects Lino Lakes if it is adopted by the City. Mr. Zelinka moved to table consideration of the Shoreland Ordinance. Sec- onded by Mr. McLean. Motion carried unanimously. Mr. Karth reported that the repairs on the Sewer Truck had amounted to about $1300.00. This included the motor work, springs and weldingon the fifth wheel. Mr. Schneider asked if any money had been put into the pick up truck and Mr. Karth said only for two tires. Mr. Schneider said he had contacted the bank about purchasing a pick up on time payment and with $1000.00 down and the balance due by December, the interest would amount to about $200.00. He wondered if this would be more practcal than putting some $400.00 in the old truck. Mr. McLean asked if the Council had determined if the specs are what the City wants? Mr. Zelinka said his only question was the automatic transmiss- ion but he didn't know if this was good or bad. Mr. Zelinka moved to accept the specifications as submitted by Mr. Volk. Mr. Zelinka asked how long is the normal usage of a truck - 10 years? Mr. Karth felt that it would if the running for part was eliminated. The usage of this delivery service was questioned - is it being used by Mr. Volk? Mr. Zelinka explained he was appointed to both commissions as an area re- presentative by Howard Neison, not by the Council of Lino Lalkces. He said the number of persons who could be appointed was 52 - only 32 was appointed and of that number only 18 attended. He said he has attended more than -his share of the meetings and is one of only a few who has attended enough meetings to be able to_vote on the recommendations to the EQC. Mr. Zelinka said the straw vote taken at the last meeting was 7 to 3 in favor of the airport route. There was discussion of the time schedule for this recommendation with Mr. McLean asking if another statement is necessary. Mr. Zelinka said, No, the Resolution passed by this Council is on file and he felt it was much more important that people be present. He suggested they identify themselves 82 May 10, 1976 to the members of the Commission but don't push. There was discussion as to why the people who would be affected if this line is constructed along 135E was not notified with the suggestion that in the future a post card be mailed to the residents. Mr. Zelinka said the recommendation will be voted on at the May 17, 1976 meeting and he suggested the people be present. Mr. Locher had checked the fee title request from the Metro Waste Control in connection.with the lift station located in Country Lakes. The Commiss- ions is asking for the lift station and 900 square feet of land and is off- ering $25.00 to the City. Mr. Locher recommended this offer be refused and an appraisal be obtained. Mr. Gotwald agreed. Mr. Locher felt the orig- inal cost figures should be used in computing a fair appraisal. Mr. Gotwald said he would get the depreciated value to. Mr. Locher. Mr. Zelinka moved to instruct the Attorney to draft a letter with the engineer's advice setting a more realistic value on this property. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Locher had checked a request from the Internal Revenue Department for the liquor license controls of this City. Ordinance No. 21 Sec.7, Sub.3 covers what they are asking for. Mr. Locher suggested a copy of this Ordin- ance be mailed to the Department noting the section covering their request. Mr. Locher had also checked the letter from the housing agency and felt that this City does not have an agency, it could be referred to a committee for study or someone could be appointed as the housing authority. There was no action taken on this matter. Mr. Schneider asked the status of the Police Contract. Mr. Locher said he had contacted the Union but so far they have not gotten back to him. Mr. McLean asked if the barginning unit had voted on the contract but Mr. Locher said he didn't know. Chief Myhre corrected the minutes of May 10, 1976 on Page 7, last paragraph; delete the entire paragraph and insert "Chief Myhre pointed out a motion in the March 23, 1976 minutes that stated the word 'employee' would not be used in conjunction with the clothing allowance." Mr. Gotwald had checked the letter and application received from the Waste Control Commission. He recommended the Clerk be authorized to sign the app- lication andreturn. Mr. Gotwald said the Metropolitan Waste Control Commission should be cont- acted for the pumps for Shenandoah. The system is about 99% complete and the pumps will be needed soon. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. A letter from Mr. Burman in reference to the Summer Youth Program had been received. Mr. Zelinka moved to authorize the City's participation in this program. Seconded by Mr. Karth. Motion carried unanimously. Mayor Bohjanen reported under Old Business, the information guides have been delivered to Mr. Burman who will mail them out. Mr. Burman is having new fire zone maps made up noting that open burning is banned in all parts 1 1 May 10, 1976 of the City. This will be done at no cost to the City. Mr. McLean felt it is very important the people know of this new regulation. Mr. Zelinka reported that light tubes can be purchased at Mennards for $1.04 each in lots of twelve. This information is to be given to Mr. Volk. Mr. McLean moved to approve requisitions #673,674, and 675. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Zelinka moved to approve checks #7034 through and including #7063. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Zelinka moved to approve payroll checks #3505 through and including #3525. Seconded by Mr. Schneider. Motion carried unanimously. Mr. McLean moved to adjourn at 12:05 A.M. Seconded by Mr. Zelinka. Motion carried unanimously. These minutes were approved, with corrections on CLERK - /17 :7 EASURER