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HomeMy WebLinkAbout05/26/1987 Council Minutes1 1 1 COUNCIL MEETING MAY 26, 1987 The regular meeting of the Lino Lakes City Council was called to order at 7:04 P.M. by Mayor Benson. Council Members present: Marier, Bisel, Reinert. Council Members absent: Bohjanen. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building Inspector, Pete Kluegel; Public Works Director, Don Volk; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Ways and Means Council Meeting, May 11, 1987 - Mr. Marier moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. Regular Council Meeting, May 11, 1987, - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - MAY 26, 1987 Mr. Marier moved to approve the Disbursements as presented. Mr. Bisel seconded the motion. Motion carried unanimously. OPEN MIKE Mr. and Mrs. Steven O'Connor, 7651 Lake Drive - Mr. O'Connor presented a petition to Mayor Benson asking that several properties along Lake Drive be rezoned from General Business to Residential. Mr. O'Connor explained that his home is located in a General Business District and because of the zoning he is unable to add to his home or even build a garage. He tried listing his home for sale so that he could move to a larger home and the real estate company told him that the mortgage companies would not provide a new mortgage on the property because it has a non - conforming use. At this point he is asking that his property be rezoned so that he can either enlarge the house or sell it to buy a larger house. Mr. O'Connor noted that only four residents in his area did not sign the petition. Mr. Reinert and Mr. Hawkins told Mr. O'Connor that they had never heard of a situation where a lending company had refused to issue a mortgage on a non - conforming property. Mr. O'Connor noted that one of his neighbors had sold his property last year and the new owner must have obtained a mortgage. However, he is being told that lending institutions will no longer mortgage non- conforming property. Mayor Benson gave a brief account to Mr. O'Connor regarding why that particular area was zoned General Business and noted that it has had a commercial zoning since 1961. PAGE 1 117 118 COUNCIL MEETING MAY 26, 1987 Mayor Benson told Mr. and Mrs. O'Conner that the Council would take the petition under advisement and this will be placed on a future agenda when additional information is gathered regarding this matter. The O'Connors will be notified when this item is placed on the agenda. PRESENTATION OF PROPOSED OAK WILT PILOT PROJECT, KEN HOLMAN, DEPARTMENT OF AGRICULTURE Mr. Holman introduced himself to the Council and described the proposed Oak Wilt Pilot Project to the Council. Additional information had been provided to the Council in their packets. Mr. Holman noted that the project has already begun and Lino Lakes has been designated a target area for the start of this project because of the large number of red oak trees in the City and the potential for spreading the disease throughout the state. He explained that a device called a vibrating plow was being used to control the spread of the disease through the root system and that this device is being provided by the Department of Natural Resources. Mr. Holman described some sources of funding available for this project and said the only thing requested from Lino Lakes is that a portion of Mike Hoffman's time be designated for the project. Mr. Volk had already told Mr. Holman that this was in the budget for 1987. Mr. Holman also told the Council that the Department of Natural Resources will also provide technical assistance and some work. He also noted that this was just the beginning of his work because he hoped to get funding to provide the vibrating plow to other communites who are trying to control the spread of Oak Wilt. Mayor Benson thanked Mr. Holman for the information he has provided. CONSIDERATION OF A PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR SOUTH RESHANAU LAKE ESTATES Mr. Schumacher explained that a petition with signatures from twenty five residents had been received requesting that a EAW be completed for Mr. Uhde's proposed new subdivision. He noted that the sketch plan for this plat indicates that there will be 162 homes in the plat. However, at this time Mr. Uhde is just platting thirty six homes. The law requires that an EAW be completed for every new subdivision with one hundred or more homes. Since the plat will be for only thirty six homes an EAW will not be required. However, the Council has the authority to require an EAW if the Council feels there may an adverse affect to the environment because of the proposed plat. At this point the Council must address the concerns of the petitioners and the petitioners must prove adverse affects of the plat. Mr. Ron Swenson, 6310 Red Maple Lane represented the petitioners and outlined the concerns as listed on the petition. Mr. Swenson explained PAGE 2 1 1 1 COUNCIL MEETING MAY 26, 1987 that the petitioners are not trying to stop the development, but do want a second opinion regarding the issues raised on the petition. Mr. Gary Uhde introduced Mr. Peter Beck, an attorney who has already submitted a letter to the Council outlining the procedure for an EAW and noting that Mr. Uhde's subdivison does not fall under the requirements for the preparation of an EAW. Mr. Uhde told the Council he is not afraid to provide an EAW for the subdivision. However, time is important at this point and if this was a requirement he would have had it completed last winter. Requiring an EAW now would set his program behind schedule. Mr. Francis Hagen of Westwood Development addressed some of the concerns regarding water quality and quanity. He noted that RCWD requires a permit and a plan for both concerns and they are one of the hardest agencies to satisfy. He also noted that the CORPS of Engineers and the Department of Natural Resources require a permit and review of this subdivision. There will be second, third and fourth opinions on the subdivision. Mr. Stahlberg explained that he has had computer checks run on the calculation provided by Mr. Uhde's engineer and they do check out. Mayor Benson noted that at the preliminary plat hearing the Council had directed that the weir system be built to greater specification than required by RCWD. Mr. Hagen explained that a plastic weir will be used and outlined its advantages and also noted that this type of device is used to control oil spills on rivers. Mr. Hagen said that this type of weir is being used in several communities at this time. Mr. Swenson said he was concerned because at the preliminary plat hearing Mr. Uhde had shown him a letter indicating that his plat had been reviewed by the DNR environmental staff. However he had talked to the environmental staff at the DNR and they had never heard of the proposed subdivision. Mr. Reinert moved to take the petition under advisement and report back at another Council meeting. There was no second to this motion. Mr. Marier noted that what the petitioners are really asking is that there be a second opinion on the proposed subdivision. He said he could see their concerns if 162 homes were being built at one time. However only thirty six are planned at this time. The questions regarding traffic have not been addressed but it is logical to believe that there will be some sort of a traffic impact because of the development. The environmental concerns are taken care of because there are only thirty six homes planned at this time. In the future the Council could require an EAW for the second phase. PAGE 3 119 120 COUNCIL MEETING MAY 26, 1987 Mr. Marier moved that the first thirty six homes be accomplished as laid out and agreed on by the City and other governmental agencies and Mr. Uhde must follow all rules outlined by these agencies and future development will be studied. An EAW will not be needed at this time but will be required for all future development. Mr, Bisel seconded the motion. Mrs. Monica Slatten asked if the next portion of development were for a small number of homes would the Council not require Mr. Uhde to provide the EAW. Mayor Benson said that Mr. Uhde has agreed to provide a EAW on all future development regardless of size. Mrs. Slatten asked how many homes will be developed in phase II. Mr. Uhde said he did not know at this time. Voting on the motion, motion carried unanimously. PUBLIC HEARING - CONDITIONAL USE PERMIT - KLOSNER- GOERTZ EXTERIOR STORAGE Mayor Benson opened the public hearing at 8:13 P.M. Mr. Kluegel explained that the hearing was called to consider a request from Klosner - Goertz for exterior storage at 448 Lilac Street. Mr. Steve Klosner was in the audience to represent Klosner - Goertz. Site and Building Plan approval was granted at the last Council meeting so that the building at this location can be upgraded to accomodate the construction business. The purpose of the public hearing was to hear any concerns regarding exterior storage. There was no one in the audience to speak for or against this proposal. Mr. Bisel moved to close the public hearing at 8:15 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve applicationk #87 -09 for exterior storage for Klosner - Goertz per the recommendations of the Planning and Zoning Board and the City Planner. Mr. Marier seconded the motion. Motion carried unanimously. SET PUBLIC HEARING FOR EMERGENCY MORATORIUM ORDINANCE NO. 10 - 87 FOR JUNE 8, 1987, 7:45 P.M. Mr. Bisel moved to set the public hearing as described. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION OF ADVERTISING FOR A REPLACEMENT FOR UNEXPIRED PARK BOARD TERM OF KIM JAMES Mr. Marier moved to advertise for a Park Board replacement. Mr. Reinert seconded the motion. Motion carried unanimously. PAGE 4 IIPLANNING AND ZONING BOARD REPORT - PETE KLUEGEL Site and Plan Amendment, Custom Manufacturing, Lilac Street - 48 Foot Addition to Building - Mr. Kluegel explained that Custom Manufacturing already has approval to construct their building however they are now requesting a 48 foot addition to the building originally proposed. The driveway would be moved to the south and this would be the only change from the original proposal. The reason they are requesting this addition to the site and building plan approval is so that they do not have to return in the future. The Planning and Zoning Board has recommended approval of P & Z #87 -04 for this addition. Mr. Marier moved to approve the recommendations of the Planning and Zoning Board for #87 -04 and keep in mind that all previous conditions be carried out. Mr. Bisel seconded the motion. Motion carried unanimously. COUNCIL MEETING MAY 26, 1987 1 Site and Building Plan Review - Anoka County Correction's Work Release Modular Facility, 7525 - 4th Avenue - Mr. Dick Fritzke explained that Anoka County must provide additional facilites for persons who are in that facility because of the Huber law. These individual are not condidered a security risk. The Correctional Facility is requesting approval to construct a temporary modular facility for this purpose. The unit has been reviewed by the State Building Code Department and the State Architect for safety requirements. The Planning and Zoning Board recommended approval of the request. Mr. Reinert noted that the structure is not the type that would provide aesthetic value to this City in comparison to the rest of that neighborhood. He asked why something more permanent could not be constructed. Mr. Fritzke explained that the County is leasing property from the Correctional Facility. However they are negotiating the purchase of two additional cottages from the Facility and the long range plan is to do something permanent. Mr. Marier asked if a five year limit could be placed on the use of the building. Mr. Fritzke said the Department of Corrections will review the matter within the next five years. Mr. Marier moved to approve the temporary structure as requested in #87 -16 and put a limit of five years on the building and Anoka County is to follow all recommendations of the Planning and Zoning Board and the Planner. Mr. Bisel seconded the motion. Motion carried unanimously. Site and Building Plan Review - EJM Services, 7807 Lake Drive -- Office Addition - Mr. Kluegel explained this request for an addition to the present building for office purposes. The addition will be 1,440 square feet and have brick along the entire front of the building. PAGE 5 121 122 COUNCIL MEETING MAY 26, 1987 Mr. Montgomery, owner of the property was in the audience and explained that the present fence would be moved. Mr. Kluegel noted that the Planning and Zoning Board and the Planner recommended approval of the request. Mr. Schumacher noted that not all of the stipulations of the current Conditional Use Permit has been completed. Mr. Kluegel explained that everything will be brought up to date when the new addition is finished. Mr. Marier asked when the fencing and tree planting would be completed. Mr. Montgomery said he had not set a time frame. Mr. Marier moved to have all the tree planting completed by the end of September and the fencing and slatting completed by the end of June and moved to establish an escrow to be determined by Mr. Montgomery and the City and approval of #87 -11 for the building addition for EJM Pipe Services. Mr. Reinert seconded the motion. Motion carried unanimously. Variance - Joseph Hill, 6933 Sunrise Avenue - Accessory Building - Mr. Hill has requested a variance to construct a garage larger that what is permitted by the City Code. The reason for the request is to protect his automobiles and camper from vandalism. The Planning and Zoning Board and City Planner have not been able to prove six findings of fact as required by the City Code for the approval of a variance. Mr. Hill noted that he has been to the lumber company to determine if the building could be built to meet code and still house his camper. Mr. Hill said he can meet the square footage requirement but could not meet the height limitation. Therefore he is asking for a variance to the height limitation only. Mr. Reinert said since the request in now changed the matter should return to the P & Z Board for their findings of fact and recommendations. Mr. Reinert moved to return this item to the P & Z Board with the new information provided by Mr. Hill. Mr. Bisel seconded the motion. Motion carried unanimously. SECOND READING - ORDINANCE #09 -87, ADOPTING UNIFORM BUILDING AND STATE BUILDING CODE. Mr. Kluegel read his recommendations for the proposed Ordinance. He recommended eliminating item #15 dealing with Special Fire Suppression Systems. Mr. Kluegel noted that the Engineer had reviewed the grading portion of the proposed code and felt it would be a good addition to the code. Mr. Bisel moved to approved the revised form of Ordinance No. 09 -87 as per the Building Inspectors recommendations. Mr. Reinert seconded the motion. Motion carried unanimously. PAGE 6 COUNCIL MEETING MAY 26, 1987 ENGINEER'S REPORT - RON STAHLBERG Status Report, East Ash Street. Mr. Stahlberg explained that he had met with White Bear Township and discussed the proposed upgrading with them. The Ramsey County Board will consider the matter on June 8th. The Township Board will consider this item on June 15th. There has been no commitments made and Mr. Stahlberg feels something can be worked out on this matter. Mayor Benson said it may help if the Council calls members of the Ramsey County Board to explain the position of Lino Lakes on this matter. Status Report - Comprehensive Land Use Plan - Mr. Stahlberg displayed the map indicating the proposed MUSA boundary lines. He also noted that Metro Waste is looking at providing additional services for all the developments proposed for 1990 to 1995. Metro is proposing to do a feasibility study on the additional services required. Lino Lake's immediate concern is the Uhde and Erickson developments. Metro has included these two developments in the MUSA boundaries. Mr. Stahlberg also explained his ideas for long term expansion in this are of Lino Lakes. He noted that the Uhde development should tie into the Shenandoah lift station and this would require easements on the property to the west of Mr. Uhde. Mr. Stahlberg asked for approval to negotiate for the right -of -way and /or give the matter to Mr. Hawkins for condemnation proceedings. Mr. Marier noted that there are easements along Birch Street for the facilities. Mr. Stahlberg explained that the route he has outlined is the most cost effective. Mr. Reinert moved to support the City Engineers proposal for easement across the Montaine property assuming it is the most cost effective. Mr. Bisel seconded the motion. Motion carried with Mr. Marier voting 1 no. Mr. Stahlberg will provide figures to the Council proving what is the most cost effective route for this improvement. Mr. Stahlberg outlined the proposed water main routes. He noted that the water line and the sewer line must be separated by ten feet. Status Report, Ash Street Sewer and Water Service - Mr. Stahlberg said he had contacted Ramsey County about open cutting the services across Ash Street (County Road J). The answer was negative. Mr. Hauer is now pursuing the matter of tying into Shoreview privately. Mr. Stahlberg said he would like to sit down with Shoreview and work something out in this matter. County Road J is not in the Anoka County five year road plan so there is no solutions coming from Anoka County in so far as upgrading the street is concerned. PAGE 7 123 124 COUNCIL MEETING MAY 26, 1987 Resolution #24 -87 Approving Plans and Specifications and Ordering Advertisement for Bids - South Reshanau Lake Estates - Mr. Bisel moved to approve Resolution No. 24 -87. Mr. Reinert seconded the motion. Mrs. Anderson read the Resolution. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 24 - 87 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, SOUTH RESHANAU LAKE ESTATES WHEREAS, pursuant to a resolution passed by the Council on April 13, 1987, the City Engineer, Ron Stahlberg has prepared plans and specifications for the improvement of South Reshanau Lake Estates described as follows: The southeast 1/4 of the southeast 1/4 of Section 29, Town- ship 31, Range 22, City of Lino Lakes, County of Anoka, Minnesota, and Mr. Stahlberg has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such plans and specifications. The advertisement shall be published once, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 A.M. on Jue 26, 1987 which time they will be publicly opened in the council chamber of the city hall by the City Clerk and City Engineer, will then be tabulated, and will be considered by the Council at 7:00 P.M. on July 13, 1987 in the council chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5% of the amount of such bid. PAGE 8 COUNCIL MEETING MAY 26, 1987 Adopted by the Lino Lakes Counc 26th day of May, 1987. 1 Mari 4111111•■• .41111111111121111: :enjami. G. Benson, Mayor nderson, Clerk - Treasurer Resolution No. 25 -87, Approving Plans and Specifications and Ordering Advertisement for Bids - D. Erickson's Second Addition - Mr. Reinert moved to approve Resolution No. 25 - 87. Mr. Bisel seconded the motion. Motion carried unanimously. Mrs. Anderson read the resolution. CITY OF LINO LAKES RESOLUTION NO. 25 - 87 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, D. ERICKSON'S 2ND ADDITION. WHEREAS, pursuant to a resolution passed by the Council on April 13, 1987, the City Engineer, Ron Stahlberg has prepared plans and specifications for the improvement of D. Erickson's Second Addition described as follows: The northeast 1/4 of the southeast 1/4 of Section 28, Town- ship 31, Range 22, City of Lino Lakes, Anoka County, Minn- esota, and Mr. Stahlberg has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specific- ations. The advertisement shall be published once, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 A.M. on June 26, 1987, at which time they will be publicly opened in the council PAGE 9 125 126 COUNCIL MEETING MAY 26, 1987 chambers of the city hall by the City Clerk and City Engineer, will then be tabulated, and will be considered by the Council at 7:00 P.M. on July 13, 1987 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opport- unity to address the Council on the issue of responsibility No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5% of the amount of such bid. Adopted by the Lino Lakes C.,i_•uncil this 26th day of May, 1987. r Benjamin Anderson, Clerk - Treasurer ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. OLD BUSINESS enson, ayor Authorizing Lino Lakes portion of $1,000 for Fire Relief Association Amendments - Mr. Reinert moved to pay Lino Lake's portion of the Fire Relief Assn. Amendment. Mr. Marier seconded the motion. Motion carried unanimously. Status Report - Roland Ford - Mr. Kluegel noted that he has had another complaint signed by the County Judge against Mr. Ford. He also noted that the County Attorney will also be filing a formal complaint. Metropolitan Council Comprehensive Plan Review - Mr. Schumacher said he has met with Metro Council representatives and they are not in agreement with the proposed Comprehensive Plan Update. Metro is continuing to require one dwelling unit per ten acres. They are not going to change their position on one acre and two and one half acre lots. It was pointed out to them that their representative attended several meetings where this issue was discussed and he did not see a problem at that time. Mr. Reinert asked how they expect communities to expand their tax base if Metro does not give a reasonable response PAGE 10 1 1 1 COUNCIL MEETING MAY 26, 1987 to amended plans. Mr. Marier noted that it should be pointed out the contributions Lino Lakes has made towards regional parks and freeways. Mayor Benson asked that our Metro Council representative, Mary Hauser be contacted and our problem explained to her. Mr. Marier also said that this Council will have to go beyond the people we have been talking to and set a meeting as soon as possible. Mayor Benson noted a letter received from Steven Nice, 24th Avenue giving his views on the proposal to lower the size requirements for lots in his area. Ham Lake Meeting Regarding Metropolitan Council - Mayor Benson asked Mr. Schumacher to let the Council know when this meeting will take place. Mayor Benson reminded the Council of the Special Meeting set for Monday, June 1, 1987 at 6:30 P.M. Larry Brokke Letter - Mayor Benson has received a letter from Mr. Brokke about the land development that is taking place to the north of his property in Centerville. He is concerned about the effect it will have on his property and asked the Council to help him in this matter. Mayor Benson suggested sending a letter to the City of Centerville listing Mr. Brokke's concerns. Rehbein's Peltier View Plat - Mr. Marier asked that the Weed Inspector be contacted to inspect the weed situation on this plat. Mr. Bisel moved to adjourn t 9:50 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered and approved on this the 26th of May 1987. )/3 = Le_gcct„, MAR G. ANDERSON BE'JA i . :ENSON Cle k- Treasurer PAGE 11 127