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HomeMy WebLinkAbout05/23/1977 Council Minutes252 May 23, 1977 The regular meeting of the Lino Lakes City Council was called to order at 8:02 P.M. May 23, 1977 by Mayor Bohjanen. Council members present: Karth, McLean, Schneider. Members absent: Zelinka. Mr. Locher and Mr. Gotwald were also present. The minutes of May 9, 1977 were considered. Mr. Schneider asked that a sentence stat- ing "There will be several volunteers in the community taking a preliminary information census of Lino Lakes with Council approval" be added to the minutes. Mr. Karth moved to approve the minutes as amended. Mr. McLean seconded the motion. Motion carried unanimously. Clerk's Report ..The Clerk told the Council that she had contacted Mr. Starr and Mr. Ranta at the Metropolitan Council and had requested application forms for reimbursement of Planners fees in conjunction with the systems statements. Mr. Starr told her he would have someone in grants contact her. Mayor Bohjanen gave the Clerk the material he had received regarding the Planners fee reimburement. He suggested that Mr. Sbort, consulting Planner complete the application forms. ..Read a letter from the Environmental Quality Council regarding workshops on the Minn- esota Environmental Review Process. Mr. Schneider suggested that a member of the Park, Recreational, and Environmental Commission attend this workshop. Mr. Schneider moved to have a member of the Planning and Zoning Commission and a member of the Environ- mental Commission attend one of these workshops. Mr. McLean seconded the motion. Motion carried unanimously. ..Read a letter from Mr. Jim Harrington, Commissioner of Transportation requesting a haul route beginning at 35E and Anoka County Road #54, North on #54 to Anoka County No. 21, North on #21 to the intersection of 80th Avenue in Anoka County and Washing- ton County No. 4A for a total of approximately 7.5 miles. Mr. Karth moved to approve this request. Mr. McLean seconded the motion. Motion carried unanimously. ..Read a notice of a Public Hearing in the County of Ramsey on the matter of Rules Relating to Variances „ Rulemaking, Contested Cases, Delegation of Authority, Definit- ions, Renewal of a Certificate of Confirmation, Francise Procedures, Franchise Stand- ards, Franchise Amendments, Inter connection Cable System Report to Board and Cable Service Territories. ..Noted receipt of a letter from Rep. Howard Neisen with a summary of the Omnibus Park and Recreation Bonding Bill. ..Noted receipt of a letter from Sen. Wendell Anderson, a conference report and a planned time table for the Public Works Employment act of 1977. Mr. Gotwald noted that Round II is not supervised by Metropolitan Council. ..Noted receipt of a map of the Metropolitan area designating Recovery and Disposal Sites for Diseased Shade Trees, one area in Lino Lakes. The Clerk has a telephone number where additional information about the Lino Lakes site can be obtained. ..Received notice of Revenue Sharing Entitlement Period No. 9. The information was given to Mr. Schneider. ..Noted receipt of a letter from Rep. Neisen regarding State action in the matter 1 1 GJ May 23, 1977 of Federal Unemployment Compensation laws. Mr. Neisen recommended that the City remain with the reimbursement plan as we are now doing. The Council agreed. ..Noted receipt of $204.50 of Municipal fines. ..The Clerk read a letter confirming a meeting scheduled for May 31, 1977 with Robert Rental Planner Metro Council. This meeting was later cancelled by MR. Rants until some agreement is reached with John Boland, Chairman Metro Council. The meeting was for the purpose of discussing the systems statement in areas other than the areas not agreed upon by Metro Council. Mr. Karth suggested that the Clerk start collecting all the materials regarding this problem of meeting with Mr. Boland with the idea .that the situation may be brought to the Governors attention. Mr. McLean suggested that we contact Mr. Rants and ask that he give us his position in writing on the systems statement. ..Noted receipt of a letter and test results from the Minnesota Department of Health regarding our Municipal Water supply. ..Noted receipt of a letter from the Department of Natural Resources indicating that Mr. Cyril Le Casse's request for a permit for an irrigation well granted. He was denied permission to pipe the water to another area. ..Noted receipt of a questionnaire from the Office of the Secretary of the Treasury, Anitrecission Fiscal Assistance Special Report. Mayor Bohjanen signed the form and asked the Clerk to return it to the proper office. Mr. Karth did not have a road report. Mr. Schneider's Report. Mr. Schneider reported that the Advisory Beard of the Minnesota Metropolitan Training Center will meet every other month during the summer. He will ask Mr. Zantek to appear at the next Council meeting to update the Council on the remodeling of this facility as well as the type of residents that will be transported there. The Boy Scouts decided not to conduct the preliminary census and Chief Myhre and several volunteers are in the process of conducting the census. The census is three fourths completed. Mr. Schneider said he would have a cash flow report for the next Council meeting. He will also have further information about the Federal Revenue Sharing plan and the park dedicated funds. The Park Board met May 16, 1977. The Board considered W. Volk's proposal for an electrical outlet at Sunrise Park. There will be further information on this. W. Schneider is to talk to Mrs. LaFond regarding the placement of a chain link fence. W. Volk was directed to repair the playground equipment at Sunrise and Lino Parks. The Board briefly considered the Environmental aspect of their Board. They will consider this matter further at the June meeting. W. McLean asked if new plats are being directed to th Park Board. Mr. Schneider said not yet but he has asked W. Gourley, Chairman of the Planning and Zoning Board to attend the next Park Board meeting to further discuss this matter. May 23, 1977 The public hearing for the consideration of Rice Lake Addition was called to order at 8 :30 P.M. Mr. Locher read the legal publication of the notice and reported the affidavits of publication had been received. Mr. McLean noted that the word "proposed" had not been deleted from the plat easements. It was also noted that two streets are named Rice Lake Lane. Mr. Ulmer changed the name of the westerly street to Rice Lake Drive and the name of the street that runs East and West to Ulmer Drive. Mr. Gotwalc noted that all easements are located on the plat map and all the lots are at least one acre. He also noted that there is problem with the road easement on Rice Lake Drive or 2nd Ave. South of the plat. He is trying to straighten out this problem. Mr. McLean moved to accept Rice Lake Addition subject to the recommendations of the City Planner and Engineer,with the word "proposed" deleted from the plat road and drainage easements, add the name Ulmer Drive to the street which runs east and west, changing the name of the street running north and south on the west side of the plat to Rice Lake Drive, requiring that cash of 10% of 70.8 acres value be given in lieu of park land. This acceptance is also contigent upon receipt of approval from the Anoka County Highway Department. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Karth moved to adjourn the public hearing at 8:45 P.M. Mr. McLean seconded the motion. Motion carried unanimously. Mr. McLean's Report - Planning and Zoning Board Report Mr. McLean said he will meet with Mr. Kronholm June 6, 1977 to discuss park land in Country Lakes. He asked Mr. Gotwald to determine the total platted area in the Country Lakes area. The Townhouses on the east side of the lake without road frontage will be discussed at this time. The variance request from Dale and Rosemary Gourley was considered.: Mr. Gotwald noted there is not a full road easement at this point on 2nd Avenue. Mr. Gotwald will prepare a map showing a proposed new right of way and submit it to the Council. He suggested the variance be granted to the Gourleys provided they grant a 30' road easement along 2nd Ave. Mr. McLean moved to approve the variance request for splitting the lot subject to a 30' easement along the easterly boundry of both lots for the purpose of road easement. Mr. Schneider seconded the motion. Motion carried unanimously. A variance request from Mrs. Witte to correct a pre - existing illegal land split was considered. Mr. McLean moved to grant this variance. Mr. Schneider seconded the motion. Motion carried with W. Karth abstaining. A varaince request from Anita Kline to split an existing lot in the Lexington Park Lakeview Addition was considered. Mr. McLean moved to accept tjis variance. Mr. Karth seconded the motion. Motion carried unanimously. Mr. and Mrs. Walter Tauer presented a variance request for splitting the lot on Lake Drive. There is a problem with the legaldescription and they will straighten this out. May 23, 1977 Mk.r Fran Burque applied for a variance to sell a lot of less than 2 1/2 acres. Mr. Burque was asked to bring a legal description before a variance could be granted. Mr. McLean felt it was the City's intent that all buildable lots be at least one acre excluding any easements. M.r Locher stated that unplatted titles go to the center of the roadway. He stated our ordinance does not specify if the minimum land area excludes easements. Mr. McLean asked Mr. Locher to submit a proposal for changing our ordinance regarding the minimum land area for buildability. Mr. McLean moved to approve Mr. Burques variance request. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Vernon Wahlberg presented a variance request to transfer title on a parcel of land less than 2 1/2 acres in size. Mr. McLean moved to hold this request until a legal description is received. Mr. Schneider seconded the motion. Motion carried unanimously. Mr. Warren Solheid had applied for a special use permit to use a proposed homesite on Cedar Street frt. a business address. After discussion Mr. Karth moved to layover this request and ask Mr. Solheid to appear in person at the June 13, 1977 Council meeting to discuss with him what he will be doing at his residence. Mr. Schneider seconded the motion. Motion carried unanimously. A letter had not been received from Mr. & Mrs. Paul Reinhold on Lake Drive with a complaint about Mr. Glenn Rehbeins excavating business. Mr. Locher had advised the Planning and Zoning Board that Mr. Rehbein's business conforms to the ordinance and any other problems is a civil matter and they should contact their personal attorney about this. Mr. Rehbein had not appeared at the Planning and Zoning Board and Shenandoah III was not considered. Mr. Minkveld had presented two plat concepts to the Board for information only and will prepare a preliminary plat for the Board to consider at the June meeting. Midtaune's Green Acre Addition concept was considered and he was told to continue his preliminary plat. He wanted to know if a building permit could be obtained and was told that after the preliminary plat was approved he could get a building permit with a "no occupancy" clause. Mr. Charles Nelson variance was considered. There is a problem and a special meeting was set for May 31, 1977 to resolve this problem. Mr. Locher said he had an aerial map of this area and also noted that the parcel of land to the North of Mr. Nelson does not comply with our ordinance and is technical' -y an illegal lot.Abuilding permit cannot be granted without a variance. After further dicussion the Clerk was instructed to write to Mr. Feyen informing him of the May 31, 1977 Planning and Zoning Board meeting and also ask him to attend the June 13, 1977 Council meeting. Mr. McLean asked Mr. Locher for written information to use as guidance in this matter. The variance for United Tire for a building to close to the road right of way was considered. Mr. McLean moved to approve this variance. Mr. Karth seconded the motion Motion carried unanimously. May 23, 1977 Mr., McLean noted receipt of a request for a landfill from Mr. Roland Ford. Mr.. McLean said that the Planning and Zoning Board had requested comments from the City Planner and Engineer. There were two requests for sign permits. They were returned to the building inspecter for additional information. The checklist for platting procedures was considered. W. Schneider asked to have the Park Board included in the list of requests for recommendation. W. Karth moved to approve the checklist with W. Schneider's recommendation included. W. McLean seconded the motion. Motion carried unanimously. The pigeon house in Shenandoah was considered again by the Planning and Zoning Board. It was decided to have the Assessor check this building. Mr. Peter Scherer had requested a special use permit to strip furniture at his residence. Mr. Scherer had brought a brochure to the Council describing the technique used in this operation. W. Scherer said this process is a protected patent and did not know its chemical content. W. McLean felt the Council should have more information as to the enviromental impact of the process. W. Gotwald said the parent company should have test results and formal prepared statements that could be obtained as well as safety statements. A Gentleman from the audience stated that since a special use permit is revokable and the neighbors are a distance away, he could not see that this action would be a detriment to anyone. Mr. Schneider felt the point is that the Council does not know that this process is not detrimental. After further discussion Mr. Karth moved to approve this special use permit subject to a report from Mr. Gotwald that the materials used in this process appears non - inflammable, non - oderous and non -toxic and the Clerk is to poll the Council by telephone upon receipt of this report. Mr. Schneider seconded the motion. Motion carried unanimously. Mr. Schneider noted that a part time employee is needed for the Park Department He moved to authorize Mr. Volk to hire a part time Park employee. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Locher's Report Mr. Locher considered the liquor licences renewals first. Bill and Frans Liquors - The application for Off Sale Intoxicating Liquor license has not been notarized and the Surety Bon and the Certificate of Insurance with the 10 day written notice clause is not in the file. Mr. Karth moved to approve this license subject to receipt of the information requested by Mr. Locher. Mr. Schneider seconded the motion. Motion carried unanimously. Nathe Bros (49 Club) - Nathe Bros have a Cabaret, On -Sale, On -Sale Sunday, and Retail Off Sale license. The insurance certificate is not in the file and the 10 day written ntice is required. Mr. Kart moved to approve these application subject to receipt of the insurance certificate. Mr. Schneider seconded the motion. Motion carried with W. McLean abstaining. 1 1 May 23, 1977 Henry Speiser ( Hanks Superette ) - Mr. Speiser has a Retail Off Sale license. This application has not been certified. Mr. Karth moved to approve this application subject to the Clerk notarizing the application. Mr. McLean seconded the motion. Motion carried unanimously. Lino Corner Store - -- Annie J. Ross of Lino Corner Store has a Retail Off - -Sale license. The license is not verified. Mr. Karth moved to approve this license subject to the Clerk notarizing the form. Mr. Schneider seconded the motion. Motion carried unanimously. Luther's Sport Shop - Arnold Nutter - Mr. Nutter has a Retailer's On - Sale, Off Sale, Non - Intoxicating Malt Liquor license. Everything is in order. Mr. Karth moved to approve this license. Mr. McLean seconded the motion. Motion carried unanimously. Ross' Bottle Shop - Mr. Ross has a Off - Sale Intoxicating Liquor license. Mr. Ross had not signed the original copy and since Mr. Ross was present at the Council meeting he signed the license at this time. The insurance certificate with the 10 day written notice clause is not in the file. Mr. Karth moved to approve this license subject to receipt of the insurance certificate. Mr. Schneider seconded the motion. Motion carried unanimously. V.F.W. Club - The Club has a Retail Off Sale Club Or Sale Liquor and Club On Sale Sunday license. The application is not dated or verified. Mr. Karth moved to approve these license being dated and noarized. Mr. McLean seconded the motion. motion carried unanimously. The Woodshed - The Woodshed has a Retail Off Sale, Sn Sale Sunday, Dance and On Sale license.;Mr. Locher felt they probably should have a Cabaret license not a Dance license. He suggested the Police Chief check to see if a Cabaret not a Dance license is needed. Mr. McLean moved to approve these licenses and have Chief Myhre check to see if a Cabaret license not a Dance license is needed. Zr. D Schneider seconded the motion. Motion carried unanimously. Lee's of Lino - Lee's of Lino have a On -Sale, Off Sale Intoxicating Liquor and on Sale Sunday licenses. Mr. Karth moved to approve these licenses. Mr. Schneider seconded the motion. Motion carried unanimously. Aragon Bar - None of the information for the Aragon has been received. Mr. Schneider to approve these their licenses subject to receipt of all the necessary information and fee and checking with Mr. Locher. Mr. .Karth seconded the motion. Motion carried unanimously. Mr. Locher said he is still working on the Unnecessary Acceleration of Speed ordinance Mr. Schneider suggested that this be tabled until the next Council meeting so that Cheif Myhre can be present. Mr. Locher will also get a copy of Bloomingtons Sound ordinance. Mr. Locher was given a copy of the State statures regarding unclaimed property. He said he will prepare a sample ordinance on this matter. Mr. McLean moved to go ahead with the sale of the items already specified. The bids are to be opened the Thursday prior to the second Council meeting in June. Bids will be awarded June 27, 1977. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Locher presented the Council with a Quit Claim Deed for a roadway from 22nd Street East into the Acton Company. Mayor Bohjanen signed the Deed. Mr. McLean moved to approve the dedication of this street. Mr. Karth seconded the motion. Motion carried unanimously. May 23, 1977 Mr. Locher explained to the Council the City owns part of a lot on Maple Street. It does not have a good title. Mr. Bill Pirrung who owns the lot next to this lot would like the first opportunity to purchase it if the City ever decides to sell it. Mr. Locher will have more information on this matter for the next Council meeting. Mr. Locher noted that he had received the West Oaks of Bald Eagle environmental reports. Mrr. Locher noted the contract with C.W. Houle Lanscaping for construction of sewers on La Motte Drive was in order. Mayor Bohjanen signed the contracts. Mr. Locher said he had contacted three banks, Juran and Moody Bond Company and Centennial State Bank regarding financing of the La Motte sewers. Jurand and Moody presented a proposal with 5.21636% intrest, City to print own bonds. Centennial State Bank proposed 5% intrest with the Bank printing the bonds. He did not have a proposal from the other banks. Mr. Locher felt the Centennial Bank bid was the best. Mr. Karth moved to accept the Centennial State Bank bid subject to the receipt of a letter from the Bank to Mr. Locher. Mr. McLean seconded the motion. Motion carried unanimously. Mr. McLean moved to award the contract to C.W. Houle Lanscaping for installation of sewers on La Motte Drive. Mr. Karth seconded the motion. Motion carried unanimously. The Clerk will have to sign the contract and place the City Seal on it. Mr. Gotwald recommended approval of Nothwestern Bell Telephones request to place buried cable along Lino Avenue and Lauren Avenue. Mr. McLean moved to approve this request. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Gotwald recommended approval of Northwestern Bell Telephones request to place buried cable along West Shadow Lake Drive. Mr. McLean moved to, approve this request. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Gotwald stated that the Metro Waste Control Commission will be advertising for bids to construct the interceptor line from Centerville to Hugo shortly. Old Business - None New Business - None Requisitions - Mr. McLean noted there was a requisition for the Clerk to attend school. He asked if the money was in the budget. Mr. Schneider said, No, but recommended approval of this requisition. Mr. McLean moved to approve requisitions #752, 753 and #754. Mr. Karth seconded the motion. Motion carried unanimously. Mr. Karth moved to approve checks #7931 through and including #7954. Mr. McLean seconded the motion. Motion carried unanimously. Mr. Karth moved to adjourn at 10:50 P.M. Mr. McLean seconeded the motion. Aye. The minutes w e approve at the June 13, 1977 meeting with corrections Edna L. Sarner, Clerk- Treasurer