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HomeMy WebLinkAbout02/25/1985 Council Minutes1 COUNCIL MEETING February 25, 1985 115 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:04 P.M. Council members present: Marier, Kulaszewicz, Reinert, Bohjanen. City Attorney, Bill Hawkins; Engineer, John Davidson; Building Inspector, Pete Kluegel; Administra- tor, Randy Schumacher; Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - FEBRUARY 11. 1985 Mr. Kulaszewicz moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mayor Benson abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - FEBRUARY 25, 1985 Mr. Kulaszewicz moved to approve the disbursements as presented. Mr. Marier seconded the motion. Motion declared passed. OPEN MIKE A. Mary Hauser - Metropolitan Council Representative and Judy Fletcher - Metropolitan Waste Control Commission (MWCC) . Representative. Ms. Hauser introduced herself to the Council. She has been Lino Lakes' representative to the Metropolitan Council for four years and has just recently been appointed for another four years. Mayor Benson explained the Council has a policy of inviting all representatives of Lino Lakes to visit with them to determine how to work better together and to see what is on the horizon. Ms. Hauser explained transportation is the major issue before the Council and does not see that there will be anything in the near future that would affect Lino Lakes. Mr. Schumacher asked about the proposed speedway for Anoka County. Ms. Hauser explained that on Thursday the full Council will be looking at a resolution in favor of a feas- ibility study if funding for the feasibility study is avail- able. Mr. Schumacher explained that Lino Lakes is in the process of updating the Comprehensive Land Use Plan and asked what technical assistance could Metro Council offer - are there staff persons who could come and help with the revision? Ms. Hauser explained there is a large data bank available to all communities and workshops are being held to acquaint communities with the nuts and bolts of financial strategy. Mayor Benson asked if each Comprehensive plan is looked at by the Council staff. Ms. Hauser said each plan is looked at in relation to the Metro Council's framework. Major changes would be dealt with by their technical staff. 116 COUNCIL MEETING February 25, 1985 Page Two Mr. Reinert asked if Metro Council is still considering extending their service area. Ms. Hauser said this idea has not surfaced for several years and she would not support the proposal. Mr. Reinert said there has been some talk of electing Metro Council representatives rather than the Governor appointing them, what is the Council's position? Ms. Hauser said the majority of the representatives favor an appointed Council. Each representative has about 125,000 constituents, it would be difficult to be responsible to each of them individually, prefer to be representing local governing bodies. She felt if Metro Council were an elected body they would be competing with the State legislature. Mr. Kulaszewicz said that an elected Metro Council is brought before the legislature every year and is defeated. Her constituency is local governments, not every citizen. He felt the appointed procedure works well. Mr. Davidson said that the present guidelines for urban service boundaries run to 1990, is the MWCC considering another date? Ms. Hauser said 2000, however the boundaries will probably be getting smaller, the development has not been as fast as expected. Ms. Fletcher introduced herself to the Council and explained she has been our representative for 12 years. She represents 33 communities and about 250,000 citizens. This is the sixteenth community she has visited this year. She explained the biggest issue facing MWCC now is stormwater overflow (stormwater from St. Paul, Minneapolis flowing into the sanitary sewer and then flowing to Pigs Eye treatment plant for treatment). Mr. Schumacher told Ms. Fletcher that the City gets alot of complaint about new home builders having to pay $425 SAC charge when the municipal sewer is not available. Ms. Fletcher said that these buyers are paying for future space. She also noted that Lino Lakes Comprehensive Plan can be amended toinclude them now rather than in the future. Mr. Marier commented on the stories regarding MWCC's manage- ment. Ms. Fletcher explained an independent has been hired to study these problems and their conclusions and recommendations will be published shortly. Ms. Fletcher explained the state legislature is considering offering St. Paul /Minneapolis interest free loans to correct the problem of stormwater flowing into the sanitary sewer. Mr. Reinert asked why growing cities could not get some of these interest free loans. Ms. Hauser explained this requires legislative action. Mr. Reinert recommended that the City get some legislative action. 1 1 1 117 COUNCIL MEETING February 25, 1985 Page Three Mayor Benson thanked Ms. Hauser and Ms. Fletcher for coming. There was a five minute recess at 7:55 P.M. B. Robert and Juliet Lundgren - Donnell Lot Subdivision - Mrs. Lundgren read a prepared letter to the Council regarding their property on Holly Drive. They have tentatively sold the land (76.8 acres) to Donnell Realty who has divided it into four (4) parcels. She was concerned because the Planning and Zoning Board has tabled the metes and bounds subdivision proposal twice and also concerned about the park dedication requirement of over $11,000 for four home sites. Mr. Kluegel read the minutes from the Planning and Zoning Board indicating there were several items to be completed before subdivision approval could be given. Mr. Hawkins noted that the State Statute indicates park dedication should be a reasonable amount. The Council could change the ordinance and require a fee on some other basis; homesites for instance. The present ordinance is vague. Mr. Hawkins said that he and the City Planner ,will be meeting on Wednesday and they will make a recommendation for the Park Board and Planning and Zoning to consider. Mr. Marier moved to direct the attorney to research and bring to the Planning and Zoning Board and Park Board concerns of this Council to clarify the ordinance in each section of the type of development that is taken place and take each situation and assess the proper park assessment toward that type of development. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mayor Benson noted that on this particular development there are other areas to be addressed; Rice Creek Watershed District approval, easements, etc. and these should all be addressed before this goes back to the Planning and Zoning Board for their consideration. CONSIDERATION AND APPROVAL OF FIRST FIRE DISTRICT BILLING Mr. Schumacher noted the billing was delivered to his office at 6:45 P.M. today and he had not been able to review the statement. Mr. Kulaszewicz moved to table this item until the next Council meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - REZONE, SURFSIDE S APLANE BASE, BRUCE HANSON - ORDINANCE #85 -01, FIRST READING Mayor Benson opened the public hearing at 8:25 P.M. Mr. Kluegel reviewed the area and indicated the property is presently zoned general business (GB) and R -2 and Mr. Hanson is asking for it 118 COUNCIL MEETING February 25, 1985 Page Four to be rezoned to Expansion Residential (ER) to allow him to construct a hangar. A variance to the lot width is also required. Former City Planner, Bill Chapman had reviewed this request and the Planning and Zoning Board had recommended approval. Mr. Kulaszewicz moved to close the public hearing at 8:30 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Reinert moved to adopt the recommendation of the Planning and Zoning Board to rezone the stated parcel from R -2 and GB to ER. Mr. Bohjanen seconded the motion. Motion declared passed. Mr. Kulaszewicz moved to approve the recommendation of the Planning and Zoning Board in reference to the recommendations that states that the amended application for a variance to the frontage on Lake Drive be granted based on the fact that the property in question cannot be put to a reasonable use under the conditions allowed by the official controls; that the plight of this particular applicant is due to circumstances unique to this particular property; that the hardship created by the particular property is not due to economic considerations alone; that the granting of this particular variance will not infer onto Mr. Hanson any special privilege that would be denied by this zoning ordinance to other land structures, buildings in the same district; that the proposed action of Mr. Hanson for a variance will not unreasonably diminish or impair the property values with the adjoining neighborhood; that the application for a variance is in keeping with the spirit and intent of our particular zoning ordinance. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 01 - 85 AN ORDINANCE AMENDING ORDINANCE N0. 2 OF THE CITY OF LINO LAKES, BY REZONING CERTAIN REAL ESTATE TO EXPANSION RESIDENTIAL (ER) 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 rezoning from General Business (GB) and Two Family Residential (R -2) to Expansion Residential (ER), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: 1 1 PIN # 19- 31 -22 -41 -0009 Auditors Subdivision 151, PIN # 20- 31 -22 -32 -0001 t 11 COUNCIL MEETING February 25, 1985 Page Five Beginning on the East quarter corner or Section 19, then East on the North line of the South 2 of Section 20, to the shore of Rice Lake, then Southwesterly along the shore of Rice Lake 484.1 feet to a point where the shore of Rice Lake intercepts the East line of Section 19 then North on the East line of Section 19 to point of Com. 20 -31 -22 PIN # 20- 31 -22 -23 -0006 A parcel of land in the SE i of the NE'i of Section 19 and in Government Lot #3 Section 20- 31 -22W specifically described as follows: beginning at a point on the line of the said SEi of the NE* of Section 19 which is 210 feet west of the east quarter corner of said Section 19, then Northeasterly to a point on the North line of Government lot #3 in Section 20- which is 300 feet West of the NE corner of said Government Lot #3, then East along said North line to the NE corner of Government Lot #3 to the shoreline of Rice Lake, then Southwesterly along said shoreline to its intersection with the South line of the North i of Section 20, then West on the said South line of the N of Section 20 and the South line of the Ni of Section 19 to the point of beginning (subj. to easement, except parcel 4050) II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council this day of March, 1985. Marilyn G. uAnderson, Clerk - Treasurer 120 COUNCIL MEETING February 25, 1985 Page Six PUBLIC HEARING - REZONE, JOE SPETZMAN - ORDINANCE #85 -02, FIRST READING Mayor Benson opened the Public Hearing at 8:34 P.M. Mr. Kluegel told the Council this application is for a rezone from ER to Light Industrial (LI) for the purpose of constructing a pole building for use of Mr. Spetzman in conjunction with Jim Spetzman in the use of the transmission repair business. The area requested to be rezoned is 5.42 acres and is north and adjacent to Jim Spetzman's light industrial property. The City Planner had suggested two proposals: 1) rezone the entire 5.42 acres to light industrial making the home non - conforming. This proposal was not recommended by the City Planner. 2)Rezone the southern two acres to light industrial and retain the northern 3.42 as ER. This would require two variances; a variance to front footage on the 3.42 parcel (55 feet on Lake Drive) and a variance to lot size on the 3.42 parcel (ER zone is minimum of five acres). The Planning and Zoning Board had recommended denial on any rezoning. Mr. Scott Larson from the audience who lives on Dianne Street said he was concerned about the future use of the land an possible future loss of value to his own land. A lady in the audience questioned the buffer between light industrial and residential zones. She was concerned in that all the residents wanted Dianne Street to be a quiet residential street. Another resident said he has no complaint with the present operation of Jim Spetzman's Transmission shop but feels the need for the buffer. He was also concerned about the 60' easement for a future street what would dead end if Mr. Spetzman's property were rezoned and a pole building was built cutting off the future street. Another concern was if this property were rezoned to light industrial there would be no control of the area as far as to what business could move in there in the future. Mr. Spetzman explained what he has done already to create the buffer He also explained that when he bought this land it was zoned commercial and the City rezone ER after he moved there. The people in the audience expressed their concern about what would happen in 20 years if Mr. Spetzman sells this property. Mr. Bohjanen moved to close the public hearing at 8:45 P.M. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Marier moved to grant a rezone for the south two acres to light industrial and keep the remaining 3.42 ER. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Marier moved to grant a variance on the lot soze of the ER percel from five acres to 3.42 acres and the frontage from 330' to 55'. Mr. Bohjanen seconded the motion. Motion carried unanimously. COUNCIh MEETING February 25, 1985 Page Seven CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 02 - 85 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES, BY REZONING CERTAIN REAL ESTATE TO LIGHT INDUSTRIAL ( LI) 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 rezoning from Expansion Residential (ER) to Light Industrial (LI), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The South 165.00 feet of the below described property; That part of Lot 13 Auditors Subdivision #138 Anoka County, Minnesota, Northerly Iand Easterly of the plat of Wollan's Estates except that part des- cribed as follows: Commencing at the intersection of the South line of Lot 10 Auditors Subdivision 138 with the Westerly right -of -way line of Old State Trunk Highway 8 thence Southwesterly of said West- erly right -of -way line a distance of 450.00 feet to the actual point of beginning of the parcel to be described; Thence Westerly on a line parallel with the North line of said Lot 13 (said line being the East and West 1 line of Section 4, Township 31, Range '22)-a distance 570.00 feet, thence Northerly on a line parallel with the West line of said Lot 13 a distance of 215.00 feet; thence Easterly parallel with said North line of Lot 13 to said Westerly right -of- way line of Old State Trunk Highway 8, thence Southwesterly along said right -of -way line to the point of beginning. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance Shall be in full force and effect from and after its passage and publication according to the City Charter. 1 122 Passed by the City Council this )tkti COUNCIL MEETING February 25, 1985 Page Eight day of March, 1985 Benjamin G. Benson, Mayor Marilyn G. Anderson, Clerk - Treasurer CONSIDERATION OF RE- AFFIRMING BARRY MATTSON AS CHAIRMAN, FIRE COMMISSION Mr.' Kulaszewicz moved to re- affirm Mr. Mattson as Chairman of the Fire Commission. Mr. Bohjanen seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT - PETE KLUEGEL Mr. Kluegel reported that Mr. McLean was elected Chairman of the Planning and Zoning Board and Mr. Ostlie was elected Vice Chairman. PARK BOARD REPORT - RANDY SCHUMACHER A. Sunset Oaks Plat - Mr. Marier moved to table this item. Mr Kulaszewicz seconded the motin. Motion declared passed. B. Consideration of St. Paul Water Commissioner's Baldwin Lake Property - There is a ten acre parcel owned by St. Paul Water Department and in the past the City has leased the land for $1.00 a year for open space park purposes. The St. Paul Water Department now wishes to sell the 1 1 123 COUNCIL MEETING February 25, 1985 Page Nine property for $40,000 to $50,000. The Park Board said they would not be interested at this price. Mr. Marier asked Mr. Schumacher to contact the St. Paul Department and try to renegotiate another lease. Mayor Benson said the City would definitely not be interested in purchasing the property for the price required by the Water Department. C. Elect Chairman and Vice Chairman - Mayor Benson asked why this was not done at the February meeting. Mr. Schumacher said this will be done March 4, 1985. He also asked if there was a problem with Park Board attendance. Mr. Schumacher will bring this up at the next meeting. ENGINEERS REPORTS Mr. Davidson reported that a special meeting was held with the residents of Ash Street on Thursday, February 21, 1985 to discuss the joint powers agreement with Shoreview as it relates to sanitary water and sewer extensions from Shoreview. There were seven persons who did appear at this meeting. The consensus is that they are no longer interested in the project except Mr. McDonough. and Mrs. Delang. Mr. Crowley sent a note saying he definitely does not want sewer or water. Mr. Davidson recommended that the City follow through with the joint powers agreement with Shoreview so that the City could buy into their system in the future. Mr. Marier asked if he was going to include Baldwin Lake Road residents. Mr. Davidson said it was never intended to assess these people at this time. The intent was to advise them they are included in the service district. Mr. Marier said he was not aware of this and asked Mr. Davidson to explain his intent prior to the public hearings so when residents ask him questions he can give them the information they ask for. Mr. Marier said since this City has spent a considerable amount of money on this project already and in order to provide some security for future projects in this area he would move to author- ize the administrator, engineer and attorney to meet the obliga- tions of this City's needs with Shoreview to negotiate a joint powers agreement with Shoreview for Council approval. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mayor Benson asked Mr. Davidson what happens to Mr. McDonough and Mrs. Delang who want Shoreview water and sewer? Mr. Davidson explained if they were to get these services it would require that two other residents also participate. As it stands, it's a 50/50 situation and would require the Council to make a decision. However, if a third resident joins Mr. McDonough and Mrs. Delang, the fourth resident could be forced into the project. 124 COUNCIL MEETING February 25, 1985 Page Ten ATTORNEY'S REPORT Mr. Hawkins did not have a report. OLD BUSINESS There was no old business. NEW BUSINESS A. Appoint Alternate to Fire Commission - Mr. Schumacher ex- plained that Fire Commissioner Al Mathews will be out of town a considerable amount this year and asked that an alternate be named. Mr. Schumacher said the only resident who had expressed interest in the position was Marilyn Elsenpeter. Mr. Bohjanen moved to approve Marilyn Elsenpeter as alternative to the Fire Commission. Mr. Reinert seconded the motion. Motion carried unanimously. B. Consideration of Resignation of Park Board Member Doug Crampton - Mr. Bohjanen moved to accept Mr. Crampton's resignation and write a letter thanking him for his service. Mr. Marier seconded the motion. Motion carried unanimously. C. Girl Scout Proclamation - Mayor Benson read a proclamation declaring March 10 through March 16, 1985 Girl Scout Week in Lino Lakes. Mr. Marier moved to approve the proclamation. Mr. Kulaszewicz seconded the motoin. Motion declared passed. P R O C L A M A T I O N Girl Scout Week WHEREAS, Girl Scouts of the USA observes the 73rd Anniversary of its founding on March 12, 1985; and WHEREAS, Since 1912 Girl Scouting has helped more than 49 million members enjoy wholesome activities; and WHEREAS, Girl Scouting is an important way for girls to become self - reliant, product and self- confident women; and WHEREAS, Girl Scouting is an investment in tomorrow's leadership; and WHEREAS, This year, Girl Scouts welcome their newest members, kindergarten -age Daisy Girl Scouts; and WHEREAS, Girl Scout Week will be celebrated in our community from March 10 to 16; 1 1 COUNCIL MEETING February 25, 1985 Page Eleven NOW THEREFORE, I Benjamin G. Benson, by virtue of the authority vested in me as Mayor of Lino Lakes, hereby proclaim March 10 through March 16, 1985, as Girl Scout Week in Lino Lakes. I do further call upon all citizens of Lino Lakes to recognize and support the contributions made by Girl Scouts and adult volunteers toward improving the quality of life in our community. D. Annual City Newsletter - Mr. Schumacher told the Council the office will be sending out its annual mailing soon. This mailing will include septic system inspection material, newsletter, excerpts from the Mayor's State of the City address, the City Directory and anything else the Council feels important to be sent to the residents. Mayor Benson recommended that any Councilmember, staff or Board member who has anything to be included should contact the City Administrator. E. PCA Permit for W & G Rehbein - The Council has received a letter from PCA wherein they have issued a permit to W & G Rehbein for the purpose of landspreading municipal sewage sludge to supply nutrients and organic matter for soil enrichment on'their own land in Lino Lakes. Mr. Marier asked if it was their policy to contact the City after the permit was issued. Mr. Schumacher said normally if the City makes a negative declaration they are required to hold a public hearing. Mr. Marier felt the Council should be notified before the permit is issued. Mr. Marier moved to send a letter to PCA to ask they notify the City Council prior to issuing any permit. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. F. Letter from Anoka County Board Resolution Regarding Anoka County Transportation Advisory Committee - Mayor Benson asked this letter be copied and sent to all Councilmembers. Mr. Kulaszewicz moved to adjourn. Mr. Bohjanen seconded the motion. Aye These minutes were considered, corrected and approval at a regular meeting of the City. Council on March 11, 1985. Marily ,N 1i /a, tq s m.--1 G. Anderson, Clerk- Treasurer X25