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HomeMy WebLinkAbout06/26/1989 Council MinutesCOUNCIL MEETING June 26, 1989 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson, Monday, June 26, 1989 at 7:00 P.M. Council Members present: Bohjanen, Reinert, Bisel. Council Members absent: Neal. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Planner, John Miller; Building Official, Pete Kluegel; Chief of Police, Dean Campbell; Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, June 12, 1989 - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. Regular Session, June 12, 1989 - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS, JUNE 26, 1989 Mr. Bohjanen moved to approve the Disbursements. Mr. Bisel seconded the motion. Mayor Benson noted a memorandum from the City Clerk indicating that a typing error occurred on the item for the Centerville Tree Farm under Interim Construction. The amount to be paid the Tree Farm is $146.00, not $46.00. Mr. Bohjanen and Mr. Bisel accepted the correction and the motion passed unanimously. OPEN MIKE Centerville Councilman Peterson and Councilman Burglsathler, Centerville Police Contract - Mr. Peterson told the Council that last year, a new Mayor and three new Councilmen were elected to that Council and explained that some of the momentum to elect a new Council stemmed from the controversy regarding the renewal of the Police Contract with Lino Lakes. Mr. Peterson explained that one of the first items addressed by the new Centerville Council was the appointment of a Police Liaison. Therefore, the Centerville Council was disappointed to read in a local paper that Lino Lakes had drafted a new police contract for $85,000.00 without ever contacting Centerville regarding the matter. Mr. Peterson further explained that this is a 51% increase in the current level and Centerville has not budgeted this nor is the money available in a reserve fund. He said he was disappointed in the handling of this matter as he had thought efforts had been made to promote better communication. He felt it was to the best interest of both cities to continue the current arrangement since it enables Lino Lakes to reduce taxes and allows Centerville the opportunity to have efficient police protection. Mr. Peterson felt the action taken by the Lino Lakes Council works against the process and Centerville cannot operate with this situation. Mr. Peterson asked the Council to designate a representative to discuss the current contract and ways to introduce some stability and certainty into the contract. He said the Centerville would like to discuss how the two cities can work together in this matter. COUNCIL MEETING June 26, 1989 IIIr. Reinert agreed with Mr. Peterson and said he felt it was an nappropriate time to increase their budget. Mayor Benson said he felt t was fair that the Council designated someone to discuss the situation with Centerville and to review their concerns. He asked that the representative discuss how the figure was established. Mayor Benson directed the City Administrator and Chief of Police to meet with Centerville representatives and report back to the Council. He explained that this will be an item on the next meeting. Mr. Peterson explained that at the moment the Centerville Council is relying on the newspapers for information since the City has not been officially notified of the Lino Lakes Council action. He explained that he does not know how Centerville will handle the matter. First Centerville needs to understand exactly what Lino Lakes is proposing. Mr. Bisel felt that before anyone from Lino Lakes meets with representatives from Centerville a purpose should be outlined for the meeting. He felt that the real issue is that Centerville did some research last year and realized that coverage from Lino Lakes is a real good buy. Mr. Bisel said he felt that the citizens of Lino Lakes were subsidizing coverage for Centerville and that was not fair. Mr. Peterson explained the current formula and noted that a citizen in Lino Lakes was paying the same cost as a person in Centerville. Mr. Bisel explained that the cost of doing business has changed in that Lino akes has the risk and the liability.'' II his matter will be discussed later under • New Business so that direction can be given to the Administrator and Chief of Police . CONSIDERATION AND APPROVAL OF A MINNESOTA PIPELINE AGREEMENT WITHIN THEIR EXISTING RIGHT -OF -WAY Mr. Schumacher explained the Agreement had been presented to the City Council on June 12, 1989 and the Council has several questions regarding when the work would occur in Lino Lakes and how restoration was to be accomplished. A representative of Minnesota Pipeline was present tonight and explained that this project consists of laying 164 miles of 16 inch pipeline within their current right -of -way starting at Clearbrook and ending at Pine Bend. The construction will begin in July and will pass through Lino Lakes after August 15, 1989. A permit has been obtained from the Environmental Quality Board and it requires that Minnesota Pipeline restore all terrain to its current conditions and it also establishes a complaint procedure. Mr. Schumacher noted the concern was that the ballfields would not be available for use during construction and could disrupt league play. Since the construction will not start until after August 15th, this should not be a significant problem. The second concern regarding IIestoration of the ballfields was addressed. Mr. Schumacher explained hat Mr. Volk would like Minnesota Pipeline to complete the estoration, rather than receive compensation. This was agreeable to he Minnesota Pipeline representative. Mr. Bisel asked for a time schedule for the restoration. It was explained that it would be restored immediately weather permitting or Minnesota Pipeline would COUNCIL MEETING June 26, 1989 come back to the City immediately and let the City know what is happening. Mr. Hawkins said he had reviewed the agreement and found no problems with it. Mr. Bisel moved to approve an Agreement with Minnesota Pipeline for the addition of a third pipeline in Lino Lakes within their current right -of -way subject to approval of the starting date and subject to satisfactory restoration. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 48 - 89 ESTABLISHING A POLICY FOR ELECTED OFFICIALS FOR REIMBURSABLE EXPENSES Mr. Schumacher explained that he has researched the City records and did not find a written policy regarding reimbursable expenses for elected officials. He has prepared a draft resolution for the Council to consider. Mayor Benson explained that he does come to the city hall on many more occasions than a Council Member to sign papers and to meet with staff. He noted over 300 meetings in the past three and one half years. He also noted that many of the trips to city hall have required that he take time off from his place of employment. He felt it was not unreasonable to expect reimbursement for some of these trips. He also noted that he had charged only one meal expense in the past three and one half years. Mr. Bisel explained it was his understanding that when he became an elected official, he was given a salary to "operate City business ". The Mayor does earn a larger salary than a Council Member because he is expected to spend more time acting in this capacity. However, he felt if the Mayor attended meetings outside of the City this was an entirely different matter. He had no objection for charging for that type of expenses. Mr. Reinert asked what difference does it make if the trip or expenses is incurred within the City or outside the City? Mr. Bisel explained that when he was elected he was aware there would be expenses that he would be responsible for. Mr. Reinert referred to the resolution and suggested that item #2 should be eliminated completely. He also noted that item #1 was very petty. Mr. Basel did not agree. Mr. Reinert suggested striking items #2, 3, 4 and 5. Mr. Bisel felt that this was not the normal procedure in any business. His only concern was asking for reimbursement for travel expenses within the City. The Clerk read Resolution No. 45 - 89. Mr. Bohjanen explained that he has never asked for reimbursement for expenses occurred within the City. He has been reimbursed for expenses incurred outside of the City such as conferences at the League of Minnesota Cities. 1 1 1 . COUNCIL MEETING June 26, 1989 IIIayor Benson explained that as Mayor he has been called to city hall on any occasion and felt that these were unusual circumstances. Mr. isel said he felt that this "goes with the turf ". Mr. Bisel moved to adopt Resolution No. 45 - 89 as presented. Mr. Bohjanen seconded the motion. Mr. Bohjanen and Mr. Bisel voted yes and Mr. Reinert and Mayor Benson voted no. Motion failed. Mr. Reinert moved to adopt Resolution No. 45 - 89 and to delete the following language in item #2: second sentence, "to include, but not tuition, and mileage" and make item #5 a monthly disbursement not a bi- monthly disbursement. Mayor Benson seconded the motion. Mr. Bisel and Mr. Bohjanen voted no, Mr. Reinert and Mayor Benson voted yes. Motion failed. Mrs. Rosemary Storberg, 6978 Lake Drive asked what other communities do regarding reimbursable expenses. Mayor Benson explained that this varies from city to city. PUBLIC HEARING - IMPROVEMENT HEARING, ROHAVIC OAKS, 2ND ADDITION Mayor Benson opened the public hearing at 8:00 P.M. Mr. Stahlberg explained that this is a continuation of the improvement of Woodridge Estates and outlined the area of the improvement. He explained that additional easements will be required on the north side of White Pine This is being negotiated and there will be some cost involved. he surveyor has been directed to obtain drainage easement for the plat Ioad. nd the entire plat will be served by municipal sewer and water. Since the improvement can be handled by a change order for Woodridge Estates, Mr. Stahlberg will be coming back to the Council with a resolution outlining this. There was no one in the audience to speak for or against this improvement. Riki Rosty, 709 - 77th Street asked what the average front footage of the lots were in this plat. Mr. Stahlberg explained that they average 90 feet. Scott Rasmussen, 6864 Rustic Lane asked that the assessment formula be explained. He was concerned about an irregular sized lot. Mr. Stahlberg explained the connection fee, area charge and front foot charges and noted that this is all outlined in the Public Improvement Financing Policy. Mr. Rasmussen asked what does the Charter mean when it says that an assessment cannot be larger than the benefit to the property? This was not answered. Mr. Rasmussen referred to the letter Mr. Tressler received from the City regarding a possible water connection assessment. Mr. Tresslers lot is irregular shaped and the formula for determining the assessment was different that for a square I r rectangular shaped lot. He asked why the owner of an irregular haped lot would pay a larger assessment. Mr. Stahlberg explained that hey would not pay more. Mr. Reinert moved to close the public hearing at 8:07 P.M. Mr. Bisel . COUNCIL MEETING seconded the motion. Motion carried unanimously. June 26, 1989 Mr. Stahlberg explained that he would bring back the resolution and change order for this improvement. PUBLIC HEARING - DEVELOPMENT PLAN REVIEW, JUSTEN HOME BUILDERS Mayor Benson opened the public hearing at 8:08 P.M. Mr. Miller outlined the area proposed to be developed and noted that when a traveler enters Lino Lakes on 35W from the south this is the first piece of property the traveler sees. He felt that it was important that this property be eye pleasing. He also noted that the shape of the property hinders any type of development. Mr. Miller also gave the background regarding the original proposed use, apartments. The City said no to this proposal and to the original townhouse proposal which followed the apartment proposal. The proposal before the Council has been designed for this particular site and reviewed by a number of consultants including several not regularly employed by this City. The townhouses proposed for the site have not been built in any other city and are unique. The concept was submitted to the Planning and Zoning Board and they recommended several changes. Mr. Miller also read from his memorandum dated April 3, 1989 regarding other requirements suggested for this proposal. The Planning and Zoning Board has recommended approval of the development plan and the requested rezonings. The plans have been reviewed by the Park Board and they have requested money in lieu of land for park dedication. Mr. Reinert questioned the required plantings on the berm. Mr. Miller explained that the proposed development plan calls for the planting of more than 1200 shrubs and trees. Mr. Miller was asked why aluminium siding was chosen for the townhomes. Mr. Miller explained it is the more carefree exterior available. John Landers, 7181 Sunrise Drive asked if this is the same plan that was presented to the P & Z Board. Mr. Miller said yes and Mr. Landers questioned the setback from the freeway. Mr. Miller explained the error in interpretating the ordinances. Beverly Landers, 7181 Sunrise Drive said the plans are beautiful but this is not the time or place for townhomes. She suggested asking the neighbors what they would like to see developed on this property. She said the neighbors do not want this because the area is already becoming to "metro ". She asked that the neighbors be allowed to sit down with the staff to determine what use would be appropriate for this property. Linda Kyllander, 87 Fairmont said that she did not receive notice of the public hearing and explained that she did not want the traffic this proposal would generate. She asked if anyone had studied the impact of the additional traffic. She also noted that if the City Council wants to work with the people in the City, they should allow the people to vote on this issue. Mayor Benson said that there is the possibility that Sunrise Drive may be cul -de -saced at the south end and this would encourage traffic from the proposed development to exit either east to 1 1 1 COUNCIL MEETING June 26,-1989 IIake Drive or west to Sunset Drive. Mayor Benson explained the reason or placing a cul -de -sac on Sunrise Drive. Mrs. Kyllander asked how uch "say" do the residents have on this matter? Mr. Rasmussen uggested also cul -de- sacing Sunrise Drive at Elm Street to prevent Elm Street traffic from exiting south. A gentleman in the audience said he was not impressed with the material proposed for the townhomes and felt the material was commonplace. He also felt there were a lot of homes proposed for the 13 acre site. He asked what would the developers do about Elm Street. He also asked what impact would the townhomes have on the value of homes that were built in the 1940's or 1950's. He explained that he had just moved to Lino Lakes to raise his children in a quiet neighborhood. He felt that the proposal would triple the number of people in this small area. Mr. Rosty said he watched a similar development in Egan and now it is run down and shabby. The development was stopped in "mid- stream" and has been sitting incomplete for about five years. He said the Council was not sincere about lowering taxes by putting all these people and traffic in the school district. Joanne Anderson, 199 Lilac Street asked what value would be placed on each unit. Mr. Miller said that was not a concern, the :important issue is that the quality be there. Jim Held, engineer for the developer said the homes would sell from $80,000 to $85,000. There will be no IFental property. Mrs. Anderson asked if this area was declared a tax ncrement financing district. It is not. Mrs. Anderson asked if the ity had a choice why did they choose multifamily dwellings over single family dwellings. Mr. Miller said it is not up to the City to decide how a land owner chooses to develop his property. The plans were presented and the staff worked with the plans. Mrs. Anderson said the last thing she would like to see developed in this area is multifamily dwellings. Small businesses or single family dwellings would create less need for additional police and fire protection. Mr. Held noted that the tax base created by the townhomes should support services in the same manner as single family units. Rochelle Miller, 7725 Marilyn Drive noted that there is more and more building in Lino Lakes and asked the Council how many more homes did they want built. Mayor Benson noted that Lino Lakes is very accessible and the inner suburbs are now filled so that Lino Lakes is being looked at by more and more developers. The staff has looked at four industrial or light industrial plans and the City does plan to develop the areas within the MUSA boundary. He also noted that if a landowner decides to develop his property he has the right to do so within bounds of the City Code. Ms. Miller asked where Lino Lakes is going. Mayor Benson answered that development is starting at the southwest corner of Lino Lakes and going north near the western boundary. Currently the City is building approximately 180 dwelling units a year. Mrs. Landers aid, "when the store is closed, shut the door ". People are telling he Council what they want. rs. Storberg asked if there has been any consideration that people may not want to live near the freeway. Mayor Benson said he is amazed with COUNCIL MEETING June 26, 1989 where people want to live. Darrell Quinnell, 7173 Sunrise Drive asked how many school children would be added to the school district from the proposed townhomes. He also asked if the townhomes would devalue his home. Mayor Benson said that he has heard that there is a 11% increase in the Centennial School population each year. He also said he has contacted the school district and they tell him if the population increases at the current rate, the school situation will remain as it is. Dean Thoreson, 7040 Rice Lake Drive asked about holding ponds and where water runoff would go from the townhouse development. Mr. Stahlberg explained that it would go into the storm sewer and eventually go to the holding area south of Rice Lake Court. He also noted that the runoff cannot be at a greater rate that what it currently is. Joseph Plaisance, 8298 Lake Drive noted that the Council wanted this development to be a showcase and represent Lino Lakes. He asked if a drainage pond and higher density housing represent what Lino Lakes means to the Council? Mr. Bohjanen explained that he came to Lino Lakes 40 years ago and at that time he did not want Lino Lakes to grow any more than what it was then. However, you cannot stop development. He said he felt there was nothing wrong with good development. Mr. Bohjanen also noted that in the last few years the Council has tried to get the best development for Lino Lakes. He commented that if a person owns land they must have the opportunity to develop it if they so wish. Mr. Reinert noted that he went through the same thing in his neighborhood several years ago. He opposed it and the development was never built. Mr. Bisel said he felt that Lino Lakes was unique in many ways. A variety of housing is needed and Lino Lakes has single family dwellings ranging from trailers and lower end housing to executive housing. Lino Lakes does not have any multifamily dwellings and felt the whole question of multifamily housing should be addressed in this City. Mr. Bisel noted that originally Rice Lake Estates was designed for trailer type housing and now it has become a very nice housing area. He also explained that Lino Lakes has a variety of lot sizes ranging from the lots in Rice Lake Estates to ten acre lots. However, there are very few places in Lino Lakes where residents can go to work. He explained the possibility of locating an outlet mall near 35W and Lake Drive and other possible commerrinl development. "1, Bisel also told the audience that he is a school teacher in the White Bear School District where it seemed that they were building one new school each year. However, now White Bear Lake is fully developed and there will be no more new schools. That situation is a possibility for Lino Lakes and the school districts will have to monitor the situation. He explained that he does not always like to see development but emphasized that the City should be careful about what does develop. The Economic Development Committee had looked at the property proposed for the townhomes and decided it was not suited for commercial development.. Mr. Bisel asked why all the people opposed to the development form an association and purchase the property. He noted that the point here is COUNCIL MEETING June 26, 1989 Ithat the property is sold and the new owner has the right to pursue development. Mrs. Landers said that she wished the City would stop all development and let the schools catch up with the current development. She told the Council that the townhome development is not what the people want. Mrs. Ruth Rector asked Mayor Benson what he wanted. Mayor Benson explained that he is trying to listen to what the people want but he is trying to keep an open mind. He noted that Lino Lakes is a large area and he must look at who the development will affect foremost. Mayor Benson said that he believed that Lino Lakes must offer a variety of housing. There has been some pressure for senior housing and Lino Lakes is working with several other communities in this area. Ms. Miller, 7725 Marilyn Drive noted that the proposed townhomes will sell for about $80,000 however, four or five years from now most owners will not be able to give them away. Mrs. Kyllander, 87 Fairmont said she would like to keep her kid alive and noted that the proposed townhomes could add another 170 cars to her area. Mike Blegen, 7133 Sunrise Drive asked what proof does the Council have that the townhomes will sell for $80,000 to $85,000. It was explained that the square footage of the units and actual land costs will dictate the selling price. IMr. Blegen asked how much will the development add to the crime rate in the area. How many more police officers will be needed? Mayor Benson explained that as the City grows, additional protection will be required. Mr. Blegen said that already Elm Street is used for a race track and you never see a squad car patrolling the area. Dennis Kollar, 7141 Sunrise Drive asked the Council to have a development of fifteen to twenty homes prepared for the area and then the Council can vote on whether to approve the single family homes or the townhomes. Mayor Benson noted that the Council can only vote on what is presented to them with the recommendations of the P & Z Board and the comments of the staff. Mr. Kollar asked when the Council would be voting on the development. Mayor Benson said probably tonight. Mr. Rosty asked if the Council does approve of the rezoning, what recourse do the residents have? Mayor Benson asked Mr. Rosty to wait and see what the outcome of the vote is before he asks this question. it was noted that the residents do not hav, any recourse. Mr. Landers said that he has heard that if the development is approved, Elm Street will be widened. Mr. Bisel said that Elm Street is a county street and the City is not aware of any plans for widening the street. The City Planner explained that this would be a non -issue as far as the proposed development is concerned. Currently there are no plans to Iwiden the street or plans for acquiring additional right -of -way. He explained that several months ago, neighborhood meetings were held with residents on Elm Street and the City made a serious effort to be sure the people knew what was going on in the area. At the first meeting, only two residents attended. The seconded meeting drew about one half COUNCIL MEETING of the residents. June 26, 1989 Mrs. Miller explained a situation that happened in St. Cloud several years ago. She explained that the people of Lino Lakes are used to open space and they will be opposed to any development. The City Planner explained the entire background of what was looked at for this property. He said that the proposal is something very special. As far as the crime rate is concerned the Police Department says that the crime rate in Lino Lakes has decreased and there will be well kept ponds, not mud holes as well as many other amenities. The value of the adjacent neighborhoods will not be devalued and the developer who has purchased the Church property feel very comfortable with the requirements demanded by Lino Lakes. He also noted that no matter what the plan, there will always be some people opposed to it. He asked the Council to look at the plan on its merit and consider his opinion as well as the opinion of the independent planner and architect. Mrs. Kyllander said she felt the layout was nice, but said that the area is already packed with people. She suggested that there were other open areas of the City that could be developed in this manner. She asked why would the developer want to build there, was it because the land was cheap? She asked the Council to not over crowd the area. Bruce Wahlberg, 6921 Sunrise Drive noted that the development could bring in a large number of juveniles and said that there are no youth activities and said that this City is asking for trouble unless something is laid out for them. Mayor Benson noted that there have been attempts to lay out trails and other activities, however, homeowners do not want such activities near their property. He noted that maybe additional parks are needed in the area and explained that the City is working with the Centennial Schools on recreational activities. Mrs. Quinnell asked if there will be a request for sound barriers two or three years down the road. The Council was unable to answer this question. Mr. Bohjanen moved to close the public hearing at 9:35 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. The Council decided to act on the rezone request before voting on the development plan. PUBLIC HEARING - REZONE, JUSTEN HOME BUILDERS FROM R - 1 (SINGLE FAMILY RESTDENTIAT.) TO MEDIUM DENSITY RF,SIDENTTAI.__(R 3_ Mayor Benson opened this public hearing at 9:35 P.M. There was no further discussion and Mr. Reinert moved to close the public hearing at 9:35 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to rezone the property as requested from R -1 to R -3. Mr. Bohjanen seconded the motion. Mr. Reinert voted no, Mr. Bohjanen voted yes, Mr. Bisel voted yes and Mayor Benson voted no. The motion failed. Mayor Benson said the request can be returned to the Planning and Zoning Board for further study or the developer can bring additional testimony. It will not be placed on the next agenda. 1 1 1 COUNCIL MEETING June 26, 1989 IIIUBLIC HEARING - REZONE, JUSTEN HOME BUILDERS FROM R - 3 TO (PUD) LANNED UNIT DEVELOPMENT ayor Benson said that since the previous rezone request was not approved, this request is a mute. PUBLIC HEARING - CONTINUATION OF PUBLIC HEARING FOR REZONE OF RICE CREEK CHAIN OF LAKES REGIONAL PARK - FIRST READING OF ORDINANCE NO. 06 - 89 Mr. Miller explained that the public hearing on this issue was held June 12, 1989. However, there were only three Council Members present and four fifths of the Council must vote on a rezone issue. Therefore the public hearing was continued. This is a housekeeping issue and involves placing the Chain of Lakes Park in the PSP District so that the City Council will have the ability to review all site and building plan development within the park. Mr. Bohjanen moved to close the public hearing at 9:42 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the first reading of Ordinance No. 06 - 89 rezoning the Chain of Lake Park to PSP. Mr. Bohjanen seconded the motion. Motion carried unanimously. IIIrdinance No. 06 - 89 can be found at the.end of these minutes. ONSIDERATION AND APPROVAL OF RESOLUTION NO. 43 - 89, ACQUISITION OF INTOXILIZER 5000 INSTRUMENT ON A LEND /LEASE STATE OF MINNESOTA Chief Campbell explained that in the past other police departments have obtained instruments such as described through federal grants. Such programs no longer exist. The Lino Lakes Police Department has been offered the intoxilizer instrument at no cost to the department on a lend /lease program. He asked for authorization to complete the necessary forms to obtain the instrument. Chief Campbell explained that it is the current practice of the Police Department to transport a suspected DWI offender to a neighboring police department and test the suspect with their instrument. This practice takes the officer out of the City and away from potential calls. Acquiring this instrument will allow the Lino Lakes officer to remain in the City and on call. Mr. PH-;e1 moved to approve Resolution No. 43 -- 89 and acquire an Intoxilizer 500 Instrument on a Lend /Lease program from the State of Minnesota. Mr. Bohjanen seconded the motion. Mr. Schumacher asked Chief Campbell if this instrument required special treatment or space. Chief Campbell explained that he does not currently have sufficient space but is looking at several options. The particular concern is that the instrument must be housed in a room that is separated from any ther uses. Ir. Bisel asked if other departments will have the use of this nstrument. Chief Campbell said yes. Voting on the motion, motion carried unanimously. COUNCIL MEETING June 26, 1989 Resolution No. 43 - 89 can be found at the end of these minutes. PLANNING AND ZONING REPORT Site and Plan Review - Gethsemane United Methodist Church, P & Z Application No. 89 - 27 - Mr. Miller explained the present location of Gethsemane Church at 35W and Lake Drive and noted that the church has purchased a ten acre site about one half mile from the present location. The P and Z Board has review the request and has recommended approval contingent upon receiving a permit from Rice Creek Watershed District, approval from MnDOT for culvert size for the driveway and contingent upon providing for future municipal sewer and water connections. Mr. Miller read all of the specifications of the City Engineer and noted that the P & Z Board did not accept item No. 3, but allowed the set back to remain at 250 feet from the right -of -way. Mr. Miller said he felt that this was unnecessary since this property is some of the most desirable property in Lino Lakes and setting the building closer to the street would be a more desirable use of the land. Mark Ehrmantraut, Co- Chairman of Gethsemane Church Building Committee explained that the Church Conference requires that the building be located on at least a five acre parcel. The plan for future expansion is toward the street and this is the second reason for the long setback. Mr. Miller said that he still felt the wise use of the land would require a shorter setback. Mr. Bohjanen explained that the best view of the lake is from the location chosen by the Building Committee. Also setting the church back from the street would allow room to grow both to the north and to the west. Mr. Thoreson, 7040 Rice Lake Court asked how many families are represented at Gethsemane. Mr. Ehrmantraut said about 130 families. Mr. Bisel moved to continue the Council meeting until all business is completed. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mrs. Averbeck asked since the church 'is. required to have a five acre building site, what difference does it make where we locate the church within the'five acres? Mr. Bisel moved to approve P & Z application No. 89 - 27 contingent upon the recommendations of the P & Z Board and the City Engineer and to allow a 250 foot setback. Mr. Bohjanen seconded the motion. Motion carried unanimously. Minor Subdivision, James A. Dupre, P & Z Application No. 89 - 25 - Mr. Miller explained that Mr. Dupre owns the fourplex at 1160 Main Street 1 1 COUNCIL MEETING June 26, 1989 IInd is in the process of obtaining enough footage so that he can omplete a garage for the residents of the building. An additional welve feet is needed from an adjacent lot to make his lot conform to building regulations. Mr. Bohjanen moved to approve P & Z application No. 89 -25. Mr. Reinert seconded the motion. Motion carried unanimously. Set Public Hearing for Preliminary Plat of Reshanau Park Estates for 7:30 P.M., July 24, 1989 - Mr. Bisel moved to set the public hearing. Mr. Reinert seconded the motion. Motion carried unanimously. PLANNER'S REPORT - JOHN MILLER Discussion of MUSA Boundary Adjustment: -- This matter was discussed at the June 12th Council meeting. Mr. Miller referred to the map that was displayed behind the Council. He told the Council of all of the neighborhood meetings that he and Mr. Stahlberg held during the spring. A copy of the map has been presented to the Metropolitan Council and Mr. Stahlberg is now asking that a public hearing be set for a Comprehensive Plan Amendment. Mr. Reinert asked Mr. Miller what assurances does the City have from landowners that they will develop if they stay in the MUSA or are added to the MUSA? He hoped that they would not just sit on their property I nd watch the value increase. Mr. Miller'said he was aware that this ould happen, however he has met with the landowners and they have said hat they would sign commitments. Mr. Stahlberg noted that there are seven or eight property owners who have already hired land surveyors to plat their land. Mr. Reinert said that there may still be landowners who will play the money game. Mr. Bisel noted that this amendment requires Metro Council approval and asked if the Council should be doing anything else at the same time. Mr. Stahlberg felt any other changes would take a long time to get Metro to agree to and it is critical that this amendment move forward at this time. Mr. Bisel moved to set the public hearing for July 24, 1989 at 7:45 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 38 - 89 Ordering Feasibility Report for Justen Home Builder's Willow Pond - Mayor Benson said that since the rezone request failed, this item is mute. Resolution No. 41 - 89 Receiving a Feasibility Report and Calling Hearing on Improvement - 4th Avenue and Industrial Boulevard to 77th treet at Carole Drive (Phase II, West Central Trunk Sewer and Water ains) - Mr. Bohjanen moved to approve the resolution. Mr. Bisel 11 treet the motion. John Hill, 719 - 77th Street said that staff has not talked to anyone on 77th Street about this improvement. COUNCIL MEETING June 26, 1989 There was discussion regarding the location of 77th Street east of Lake Drive and the possibility that the entire street is located on private property. It was noted that two Council Members had been out to tell the residents of the situation. Mrs. Hill asked if her house was going to be moved. Mr. Bisel said that the situation still has to be studied. Mr. Rosty told the Council about the visit of the two Council Members. Mr. Bisel explained the reason for the visit was simply to let the residents know that there is a problem. Mr. Rosty said he talked to Mr. Schumacher who explained that until all of the facts were known there would be no action by the Council. Mr. Rosty said he was upset and looked at his abstract. Mr. Stahlberg explained that it appears that the existing row of trees is on the center line of the street. The City can declare this a street and remove the trees. However, the City Attorney has not seen any of this material and all action will wait for his investigation. Mr. Rosty told the Council that Mr. Neal suggested that he sue his builder. Mayor Benson said that this is an unusual problem and the Council will deal with it when all facts are known and the City Attorney has given his recommendations. Mr. Rasmussen referred to the watermain that is currently being constructed down Rustic Lane. He noted that he had read a PCA report that said the City is in the process of completing an EAW . The report also says that when the City deems it necessary, it will run sewer down Rustic Lane. Mr. Rosty commented that the City should straighten out this matter before it proceeds to extend the trunk lines any further down 77th street. Mr. Bohjanen moved to approve Resolution No. 41 - 89. Mr. Bisel seconded the motion. Motion carried unanimously. Resolution No. 41 - 89 can be found at the end of these minutes. Construction of 2nd Avenue - Mr. Stahlberg asked for permission to proceed with acquiring the need right -of -way to upgrade 2nd Avenue from Sunrise Meadows to Lake Drive and proceed with obtaining soil borings. At a Council Work Session on June 12, 1989 it was explained that a portion of the street would have to be "floated ". This would be funded from the MSA funds. Mr. Bisel moved to begin acquisition of the needed right --of -way and preparation of plans and specifications. Mr. Reinert seconded the motion. Mr. Wahlberg, 6921 Sunrise Drive asked if the street past his property is improved, will he be financially responsible? Mr. Stahlberg explained that gas tax monies will be used to upgrade 2nd Avenue and this does not affect his property. Mr. Stahlberg explained that Lino Lakes does have a policy that if a MSA funded street were to be placed in front of a residence, (Main Street for instance) the residential property will pay for the upgrading but only at the same rate as any , COUNCIL MEETING June 26, 1989 I they residential street. Mr. Wahlberg asked why MSA monies have to be sed on 2nd Avenue. Mr. Stahlberg explained that it is the only street n the area that would service the new subdivisions that qualify for he funding. Mr. Stahlberg explained the criteria and that this street was placed on the MSA list for Lino Lakes long before the development started in this area. Voting on the motion, motion carried unanimously. Resolution No. 44 - 89 Agreeing to Conditions of Grant for 80th Street Bridge - Mr. Bisel moved to approve this resolution. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Schumacher updated the Council on this improvement noting that it is under construction at this time. Rohavic Oaks, 2nd Addition - Mr. Stahlberg explained that he has contacted the David Aras' regarding obtaining right -of -way for the north /south street connecting Woodridge Drive with White Oak Drive. He reminded the Council that this route was changed to accommodate the Aras' in the event that they would wish to develop their property in the future. He asked for permission to proceed with the negotiations and asked for approval to proceed with condemnation procedures if negotiations fail. Mr. Aras was in the audience and asked why Mr. Stahlberg was requesting an additional 100 foot right -of -way. After further discussion with Mr. Aras, Mr. Bisel asked that Mr. Stahlberg Iroceed with further negotiations and bring the matter back to the ouncil at the next meeting. Right -of -Way Status, Mary Ann McDougal - Mr. Stahlberg explained that there is a drainage area on the south side of Woodridge Estates. There has been a problem with locating the ditch as was originally agreed during the improvement hearing. The ditch will probably be moved between lot No. 6 and lot No. 7. ATTORNEY'S REPORT - BILL HAWKINS Rehbein's Peltier View Access to Peltier Lake - Mr. Hawkins explained that this matter had been brought to the Council's attention at the last Council meeting. He has checked the ownership of the lot south of the DeGeer lot on Peltier Lake and it does belong to Willard Rehbein. He noted that the Peltier View Association has not yet been established. The intent is to make some changes such as restrictive covenants and then file it. Mr. DeGeer said he has called Anoka County and they tell him the actual owner is Gordon Rehbein. Mr. DeGeer asked how a Realtor could sell land that did not belong to him. Mr. Tom Hovey from the Department of Natural Resources was in the udience and addressed the use of the lot in question. He said that he DNR would not approve the use of the lot as it was outlined to him. r. DeGeer told the Council that he has contacted Dale Barber at the St. Paul Water Department and was told that there could be no docks COUNCIL MEETING June 26, 1989 constructed on this lot unless a permit was obtained from the St. Paul Water Department. Mr. DeGeer explained his concern is that it is the intent of the lot owner to allow 24 residents to use the one lot as access to Peltier Lake. He felt this would greatly devalue his property and cause a real disturbance for him. There was further discussion regarding how this lot could be controlled. Mr. Hawkins suggested that the Lino Lakes Shoreland Management Ordinance be amended to include lauguage to regulate this type of usage.- Mr. Hovey also said that there are new DNR regulations that will be effective in July and the City should incorporate these regulations in the amendment. Mr. Reinert moved to have a draft amendment prepared to the Shoreland Management Ordinance and notify the landower of the new DNR regulations and the proposed amendment to the ordinance. Mr. Bisel seconded the motion. Motion carried unanimously. Continuation - Review of State Statutes as They Relate to Obscene Materials and Pornography Issues - This matter was also discussed at the June 12, 1989 Council meeting. Mr. Hawkins reviewed the regulations already in effect regarding this issue. Mr. Bisel asked if this City could be more restrictive than the State Statutes. Mr. Hawkins said no, the standards spelled out in the Statute are the standards set by the Supreme Court. After further discussion, Mayor Benson said he would like more time to study this issue and how this City could be more restrictive. This item will appear on a future agenda. OLD BUSINESS Annual Renewal of Liquor Licenses - Mrs. Anderson explained that all applications, certificates of insurance, bonds, fees and investigation of applicants by the Chief of Police have been completed. There are no concerns and she recommended that the Council approve the renewal of all applications. Mr. Reinert moved approval of the renewal of all liquor applications. Mr. Bohjanen seconded the motion. Motion carried unanimously. Motion carried unanimously. Update on Park in D. Erickson's 2nd Addition - Mr. Schumacher explained that he has talked to Mr. Rehbein about this matter and TKDA has staked the area so that.fi.11 can be trucked in from another location. Mr. Rehbein has promised that this will be completed by August 1st. Mr. Bisel expressed concern that building could progress this far when such amenities as the park has not been started. The City Administrator will update the Council on this matter at the next Council meeting. Consideration of Filling Vacancy on Planning and Zoning Board - Mr. Bisel moved to table this item until a full Council was present. Mr. . COUNCIL MEETING June 26, 1989 Iohjanen seconded the motion. Mayor Benson said he would like to see his settle this evening. Voting on the motion, Mr. Bisel and Mr. ohjanen vote yea, Mr. Reinert and Mayor Benson voted no. Motion ailed. Mr. Reinert moved to nominate Peter Brown to fill the Planning and Zoning Board vacancy. Mayor Benson seconded the motion. Mr. Bohjanen and Mr. Bisel voted no. Mayor Benson and Mr. Reinert vote yes. Motion failed. Centerville Police Contract - Mr. Bisel explained that there never has been a question about the question of quality of protection and noted that Centerville does receive 24 hour protection. He also felt that over the years Centerville has had a tremendous buy and said he felt that the Lino Lakes residents were helping to carry the costs. Mayor Benson said he did not feel that Lino Lakes residents should subsidize the protection in Centerville. However, Centerville has requested answers to some questions and he felt staff should follow up on this. Mr. Schumacher said that the concern in Centerville is the lump sum amount and suggested that if Centerville has not budgeted for this amount in 1989, they could spread the increase over the next two years. This would allow Lino Lakes to get the dollars it feels is necessary to operate and does not hit Centerville with a large amount that is not udgeted. fter further discussion, the City Administrator and Chief of Police ere directed to sit down with Centerville and list their concerns and bring them back to the Council for consideration. NEW BUSINESS Resolution No. 42 - 89, Petition for Charter Referendum Summary - Mrs. Anderson explained that she has taken the petition to the Court House and compared the signature against the voters registration and has certified the petition. There are enough qualifying signatures to require a referendum. She has also prepared a resolution setting the election on the referendum. She asked the Council to set the date for the election. Mr. Bisel said he has heard that there also may be a petition circulating to eliminate the entire Charter. This could possibly he on the ballot as well. Mr. Bohjanen moved to approve Resolution No. 42 - 89 and set the election for November 7, 1989 along with the municipal election. Mr. Bisel seconded the motion. Motion carried unanimously. Resolution No. 42 - 89 can be found at the end of these minutes. Policy on Developer Initiated Improvements - Mr. Schumacher explained :.hat the reason that this matter is before the Council is because staff is concerned about the lack of inspection on improvements that are installed by a developer. The agreement proposed by the staff would require that all developers enter into a developers agreement, require that the City would provide full -time inspection and be reimbursed for COUNCIL MEETING June 26, 1989 the inspection, the developers would be required to post a cash escrow or letter of credit in the amount of 150% of the estimated construction costs and the developer would be required to comply with all subdivision ordinance requirements. At this time there are three developers who would like to start improvement projects. Mr. John Faraci, Engineer for Parkview Estates addressed the Council and objected to the City providing full -time inspection. He felt that this was duplication of services and additional expense for the developer. He also said that the City Engineer has no authority to administrator a private contract between a developer and his engineer. The Council did not agree with Mr. Faraci and noted that if the developers engineer performed the inspections, there would conflict of interest. Mayor Benson directed that this matter be addressed by the City Administrator brought back to the Council when it is complete. Annual Review of Conditional Use Permits - Mr. Kluegel explained that he has provided a list of Conditional Use Permit holders to the Council and he finds that only three of the CJJP need to be addressed further. They are: #1. William Flanagan, 908 Orange Street who has been asked to construct a permanent business sign.' Mr. Flanagan said this will be done within thirty (30) days. #2. William Krychinski, 7830 Lake Drive has not provided screening for Lino Park. Mr. Kluegel would like to discuss this matter with Mr. Krychinski and the City Planner. #3. Apitz Garage, ,325 Birch Street has a problem with exceeding parking requirements and the replacement of some evergreens. Mr. Kluegel was directed to follow up on these three permits and update the Council on this matter within the next thirty (30) days. Mr. Kluegel said a meeting has been scheduled with the CORP at My Place on the Lake for tomorrow regarding illegal fill on the property. He will also update the Council on this matter. City Picnic - Mayor Benson noted the memorandum from Laura Elken regarding the upcoming picnic at Centerville Lake Beach. Mr. Bisel moved to adjourn at 12:03 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved at a regular Council meeting held on July 10, 1989. Marilyn Anderson, Clerk- Treasurer 1 1 1 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 06 - 89 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO PUBLIC SEMI - PUBLIC (PSP) I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by zoning to Public Semi - Public, pursuant to the provisions of the Zoning Ordinance of the City of Lino lakes, Minnesota, the following described real estate: All of the land and water contain within the Rice Creek Chain of Lakes Regional Park lying within the City of Lino Lakes, Minnesota and as outlined on the attached map. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 1989. Mari day of Benjam; n G "Benson, Mayor Anderson, Clerk- Treasurer CITY OF LINO LAKES RESOLUTION NO. 43 - 89 A RESOLUTION AUTHORIZING THE LEND -LEASE AGREEMENT FOR INTOXILYZER 5000 FROM THE STATE OF MINNESOTA BE IT RESOLVED that the City of Lino Lakes enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose: To receive from the State of Minnesota, Department of Public Safety, an Intoxilyzer 5000 breath test instrument and breath alcohol simulator on a loan basis. The instruments are to be used by law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or other Minnesota laws or local ordinances or other law enforcement purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk- Treasurer be and they hereby are authorized to execute such agreement. Adopted by the Council of the City of Lino Lakes this 26th day of June, 1989. �( L(-Lrp_ �1 ")'/ /-CL). CY' Marilyn G. 'Anderson, Clerk - Treasurer 1 CITY OF LINO LAKES RESOLUTION NO. 41 - 89 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - INSTALLATION OF TRUNK SEWER AND WATER FROM 4TH AVENUE AND INDUSTRIAL BOULEVARD TO 77TH STREET, EAST TO THE INTERSECTION OF 77TH STREET AND CAROLE DRIVE, 2ND PHASE OF THE WEST CENTRAL TRUNK SEWER AND WATER MAIN IMPROVEMENT WHEREAS: pursuant to a resolution of the Council adopted December 27, 1988, a report has been prepared by the City Engineer with reference to the installation of trunk sewer and water mains beginning at 4th Avenue and Industrial Boulevard, north to 77th Street, east on 77th Street to the intersection of 77th Street and Carole Drive, and this report was received by the Council June 26, 1989, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the installation of such trunk sewer and water mains in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $1,214,413.00. 2. A public hearing shall be held on such proposed improvement on 24th day of July, 1989 in the council chambers of the city hall at 7:35 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Council this 26t June, 1989. • Arr MOP- _ Benjamin . Benson, ayor Marlyn Anderson, Clerk - Treasurer CITY OF LINO LAKES RESOLUTION NO. 44 - 89 RESOLUTION AGREEING TO CONDITIONS OF GRANT FOR 80TH STREET BRIDGE WHEREAS: the City of Lino Lakes has applied to the Commissioner of Transportation for grant from the Minnesota State Transportation Fund for the construction of City Bridge No. L -8158 over Hardwood Creek, and WHEREAS: the application for the grant has been approved by the Minnesota Department of Transportation, and WHEREAS: the amount of the,grant has been determined to be $68,765.50 by reason of the lowest responsible bid, NOW, THEREFORE, BE IT RESOLVED: that the City of Lino Lakes does hereby affirm that any cost of the bridge in excess of the grant will be appropriated from the funds available to the City of Lino Lakes, and that any grant monies appropriated for the bridge but not required, based on the final estimate, shall be returned to the State Transportation Fund. Adopted by the Council of the City of Lino Lakes this 26th day of June, 1989. 1 Benjaii n G. Benson, Mayor Marlyn G. Anderson, Clerk- Treasurer CITY OF LINO LAKES RESOLUTION NO. 42 - 89 A RESOLUTION DETERMINING THE SUFFICIENCY OF A PETITION FOR A REFERENDUM ON ORDINANCE NO. 03 - 89 WHEREAS: a petition requesting a referendum on Ordinance No. 03 - 89 was received by the City Clerk on June 6, 1989, and WHEREAS: the City Clerk has examined the petition and has determined that the petition is correct in form and contains the signature of 229 qualified voters which is 7% of the voters in the 1988 General Election, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: + That the Council does determine that the Petition for Referendum on Ordinance No. 03 - 89 is sufficient and the matter will be placed on the ballot at the November 7, 1989 City Election. Adopted by the Lino Lakes City Council this 26th day of June, 1989. t Marilyn (L Anderson, Clerk- Treasurer