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HomeMy WebLinkAbout09/23/1985 Council Minutes (2)1 1 COUNCIL MEETING September 23, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:05 P.M., September 23, 1985. Council members present: Bohjanen, Reinert, Marier, Kulaszewicz. City Attorney, Bill Hawkins; Engineer, Bob Toddie; Building Official, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - SEPTEMBER 9, 1985 Mr. Reinert moved to approve the minutes as presented. Mr. Boh- janen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - SEPTEMBER 23, 1985 Mr. Schumacher corrected an item under Public Works Department, page 2, seventh item; "Commissioner of Transportation (MnDOT Man- ual)" should read Northern States Power Company. Mr. Marier moved to approve the Disbursements as corrected. Mr. Kulaszewicz seconded the motion. Mayor Benson asked the Clerk to read the description of items carried over from the previous Dis- bursement Listing. This was done and it was also explained that the insurance company will be reimbursing the City for a portion of the window replacement. Voting on the motion, motion carried unanimously. OPEN MIKE Neither Mr. Bill Hunter, Mr. Joblinski or Mr. O'Brien appeared under Open Mike. ATTORNEYS REPORT A. Ordinance #85 -08, First Reading - Abatement Procedures for Nuisances. Mr. Hawkins explained there has been a number of inci- dences in the City with respect to junk cars and debris. Normally when a property owner does not respond to a written request to clear up a complaint, criminal procedure is started. This Ordinance out - lines another method of dealing with this type of problem. He ex- plained the procedure outlined in the proposed ordinance. This procedure includes the function of hearing examiner and the abil- ity of the City to assess costs to the landowner. Mayor Benson asked who would determine if there is a nuisance. Mr. Hawkins explained the Building Official would perform this func- tion. Mr. Reinert moved to introduce Ordinance #85 -08 and waive the read- ing thereof. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. 1O3 '104 COUNCIL MEETING September 23, 1985 Page Two CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 85 -08 AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR NUISANCES The City Council of the City of Lino Lakes does hereby ordain: Section 1. Declaration of Policy. The City Council of the City of Lino Lakes has determined that the health, safety, good order, general welfare, and convenience of the public is threat- ened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate these nuisances, and this ordinance is enacted for that purpose. Section 2. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: 1. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. 2. Interferes with, obstructs, or renders dangerous for passage any public highway or right of way, or waters used by the public. 3. Willfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws in performing any legal duties. 4. Is guilty of any other act or omission declared by state law or City ordinance to be a public nuisance. Section 3. Hearing Examiner. 1. Position Created. The position of Hearing Examiner is hereby created. The City Council may contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this ordinance and set the rate of compensation therefor. 2. Duties of the Hearing Examiner. The Hearing Examiner shall have the following duties: 1 1 105 COUNCIL MEETING September 23, 1985 Page Three a. Set dates and hear all contested cases following appeals of orders of the Zoning Administrator or Chief Building Official. b. Take testimony from all interested parties. c. Make a complete record of all proceedings. d. Affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official and pre- pare written findings of fact. Section 4. Inspection and Investigation. 1. Periodic Inspection. The Zoning Administrator or Chief Building Official shall cause to be inspected all public and private places within the City which might contain a public nuisance as defined in this Code as often as practicable to determine whether any such con - ditions exist. The Zoning Administrator or Chief Building Official shall also investigate all reports of public nuisances located within the City. 2. Entry on Public and Private Places. The Zoning Administrator, Chief Building Official or their duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of inspecting those places for public nuisances. Section 5. Abatement of Nuisances. Upon a determination by the Zoning Administrator or Chief Building Official that a public nuisance exists on any public or private property within the City, the Zoning.Administrator or Chief Building Official shall order the public nuisance to be abated in a manner con- sistent with the City Ordinances and state law. Section 6. Procedure for Removal of Public Nuisances. 1. Whenever the Zoning Administrator or Chief Building Official finds with reasonable certainty that a public nuisance exists on any public or provate property in the City of Lino Lakes, he shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shall also state that the property owner may, within twenty (20) days of the date of the order, request a hearing before the Hearing Examiner and shall set out the procedure by 106 COUNCIL MEETING September 23, 1985 Page Four which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the notice, the Zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed. 2. Any property owner who feels aggrieved by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building Official. The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the prop- erty owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Zoning Administrator or Chief Building Official. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that deci- ion to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. 3. The Zoning Administrator or Chief Building Official shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk or other appropriate officer all work done for which assessments are to be made, stating and cer- tifying the description of the land, lots or parcels involved and the amount assessable to each. 1 1 1 1 1 1 COUNCIL MEETING September 23, 1585 Page Five 4. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision 2. Section 7. Interference Prohibited.. No person shall prevent, delay or interfere with the Zoning Administrator, Chief Building Official or their agents while they are engaged in the performance of duties set forth in this ordinance. Section 8. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof. Section 10. Effective Date. This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the Lino Lakes City Council on the 23rd day of September, 1985. Marilyn G. Anderson, Clerk- Treasurer enson, Mayor 107 108` COUNCIL MEETING September 23, 1985 Page Six B. Rice Creek Watershed District Request for Petition - Mr. Haw- kins has received a letter from the City Engineer outlining the scope of the project and explaining the difference between a re- pair and an improvement project. Mr. Toddie feels this request should be a petition for a repair based on the repair statute. If the City petitioned for an improvement, there is a possibility of assessments to the benefiting landowners. Mr. Marier moved that Mr. Hawkins file a petition for ditch repair for County Ditch #22 with the Rice Creek Watershed District. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. UPDATE - A -WELL, PAUL WOLTERS CONDITIONAL USE PERMIT - PETE KLUEGEL Mr. Kluegel was requested by the Council to monitor Mr. Wolters' progress in conforming to all the provisions of his Conditional Use Permit (CUP). Mr. Kluegel said Mr. Wolters has completed the fencing and has planted lilacs. He has asked Mr. Wolters to in- stall further fencing. This is not required in the CUP, however he feels it should be installed. He has completed all the require- ments of his CUP. ENGINEERS REPORT A. Council Authorization - Investigation, Wilson Lawsuit. Mr. Toddie requested Council authorization to perform a study which would determine if the Wilson property could be used as a storm water retention area after Mr. Wilson has mined approximately 200,000 to 300,000 cubic yards of peat from the property. After the study is complete, the Council would have to authorize Mr. Hawkins and himself to develop a concept for presentation to Mr. Wilson. He is specifically requesting authorization to develop a scope of services and approximate cost to conduct this study. Mr. Marier said the Department of Natural Resources should have input in this study. Mr. Toddie said he would request input from Rice Creek Watershed District and the Corps of Engineers as well. Mr. Hawkins noted five acres of Mr. Wilson's land would be involved in this proposal and study. Mr. Marier moved to authorize the investigation and have the engin- eer give the Council an estimated cost. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION #85 -20, AMENDING 1985 BUDGET Mr. Schumacher explained the City Charter requires that if the budget exceeds its original adoption it must go before the Council for amendment. Two areas of the budget exceed the original budget; police salaries due to the union contract and insurance which is due to the unusually large increase in premiums. 1 1 1 109 COUNCIL MEETING September 23, 1985 Page Seven Mr. Kulaszewicz moved to adopt Resolution #85 -20. Mr. Reinert seconded the motion. Mrs. Anderson read the Resolution. Mr. Marier questioned the figures. Mr. Schumacher explained the increases in the budget came out of the surplus. After determining there was a question regarding the figures in the Resolution, Mr. Kulaszewicz withdrew his motion and Mr. Rein- ert withdrew his second. Mr. Marier moved to table Resolution #85 -20 until the next Council Meeting. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. 7 :40 P.M. PUBLIC HEARING - ASSESSMENT. WEBER ADDITION - RESOLUTION #85 -16 Mr. Schumacher updated the Council beginning with the submission of a petition by the landowner and following through the installa- tion of improvements and public notices of this assessment public hearing. The City has obtained a Developers Agreement and Letter of Credit. Mr. Reinert questioned if 8% interest was sufficient. Mr. Schu- macher explained this project will be bonded with the Rice Lake Estates Project. Mrs. Anderson did check with Ron Langness at Springsted, Inc. and he felt it was sufficient because it was a short term bond and short term assessment. Mrs. Weber was in the audience and said that the assessment on one lot would be paid in October and the assessment on another lot pos- sibly before the end of the year. There was no other testimony. Mr. Kulaszewicz moved to close the Public Hearing at 7:45 P.M. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to adopt Resolution #85 -16. Mr. Bohjanen seconded the motion. Motion carried unanimously. RESOLUTION ADOPTING ASSESSMENT WEBER ADDITION IMPROVEMENT PROJECT (PROJECT #85 -01) RESOLUTION #85 -16 CITY OF LINO LAKES, MINNESOTA WHEREAS, pursuant to proper notice duly given as re- quired by law, the Council has met and heard and passed upon 110 COUNCIL MEETING September 23, 1985 Page Eight all objections to the proposed assessment for the improvement of Weber's Addition - installation of municipal sewer in Tomahawk Trail from Birch Street to the border of Shenandoah II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before April 15, 1986 and each September 15 and April 15 thereafter and shall bear interest at a rate of eight (8 %) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1985. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assess- ment is paid within thirty (30) days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be ex- tended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 COUNCIL MEE i 1 NG September 23, 1 R5 Page Nine Adopted by the Council this 23rd day of September, 1985. • City Clerk (SEAL) 7:47 P.M. - PUBLIC HEARING, CONDITIONAL USE PERMIT, G. M. DEVELOPMENT Mayor Benson opened the Public Hearing at 7:47 P.M. Mr. Kluegel explained that G.M. Development is requesting a Condi- tional Use Permit (CUP) for land reclamation and grading of 29 res- idential lots in Lakes Addition #3. This area is zoned R -1. The legal requirements for this public hearing have been met. The City Planner and Engineer have recommended approval of the CUP and Rice Creek Watershed District, Department of Natural Resources and the Army Corp of Engineers have also been consulted. Mr. Gary Uhde representing G.M. Development explained his planned development by showing a sketch plan indicating a holding pond will be constructed on Outlot F and a home owners association will be formed to maintain the pond. The dirt removed for construction of the pond will be used to fill in the low areas on the lots. He further explained the function of the pond will be an added amenity to the lots, it will also aid storm water runoff in that water from the lots will flow to the pond rather than to the streets and storm sewers, it will control the water table of the lots adjoining it, and the pond that will be created will more than replace the wet- lands graded into lots. The pond normally will be about 6 feet in depth and only additional storm water will flow through a swale to an existing culvert that 1'12 COUNCIL MEETING September 23, 1985 Page Ten runs to Lake Reshanau. He had held a neighborhood meeting with some of the present home owners and he explained his development to them and received a good response from them. Mr. Uhde explained the function of the home owners association and explained that each lot owner would pay a fee to maintain the pond. The home owners agreement states that if a lot owner did not pay his portion of the pond maintenance it would be assessed to his property. The approximate cost to each homeowner would be approxi- mately $1,200 per year. 1 Mr. Robert Bening was concerned about the drainage through the cul- vert. This is not on Mr. Uhde's property, how will it be maintained. He will have to work with the owner of the south half of Outlot F so that the swale can be constructed and maintained. Al Ross asked what size culvert will be used for this drainage. Mr. Uhde explained the culvert is already in place and is 18" in diameter. The City Engineer will be involved with inspection of this construction. Mrs. Donna Carlson asked what provision is being made so that she will not have the pond in her back yard? Mr. Uhde explained the pond will have to raise four feet to get to her property line. However, once the pond raises six inches it will begin to flow through the swale to Lake Reshanau. Mr. Uhde pointed out that he has obtained a permit from Rice Creek Watershed District and his engineers had to work out extensive_ storm water drainage requirements for approval by the RCWD engi- neers. Mayor Benson asked what would happen if the Lake waters rose to such an elevation that the culvert would not drain. Mr. Uhde ex- plained the lake would have to raise two feet. Mr. Harold Carlson asked about sediment in the pond. Mr. Uhde explained the only time there would be sedimentation is during actual construction. He expects the project to be 50% to 70% com- pleted in two years. Mr. Uhde explained that Mr. Carlson did not have to join the homeowners association unless he wanted to. Jim Wagner was concerned about the swale and drainage to the cul- vert. Trees have been planted in this area and he is concerned they may be removed. However his main concern is that the drain does function and someone is responsible to see that it does. Mr Uhde said he will work with the present homeowners very closely. He will protect the trees and will do some grade changes to their back yards at no cost to them if they so want. He would like to control the groundwater in the entire area. 1 1 1 1 1 COUNCIL MEETING September 23, 1985 Page Eleven Mr. Hawkins said the association should obtain an easement for the drainage area. The City could require the association to obtain an agreement with the property owner so the association can maintain it. Mrs. Carlson asked Mr. Uhde why he did not expand his association to include all home owners. Mr. Uhde explained he had asked about using Outlot F for a park but the City Park Board was not inter- ested in it. Mr. Reinert asked how much water surface area is proposed. Mr. Uhde said four to four and one -half acres. Mr. Kulaszewicz moved to close the public hearing at 8:15 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Kluegel explained the Planning and Zoning Board recommended ap- proval of a Conditional Use Permit for land reclamation and grading for G.M. Development in the areas of Black Duck Drive, Black Duck Circle and Partridge Place. Mr. Kulaszewicz moved to approve the recommendation of the Plan- ning and Zoning Board. Mr. Marier seconded the motion. Mr. Hawkins suggested several conditions be added to the motion: 1) a developers contract including an agreement that the developer will do all this according to the plan he has presented and this will involve the City Engineer for his review and approval; 2) a bond that will insure that all the work is done according to the plan that was presented; 3) Mr. Hawkins review the association documents to make sure the documents are drafted as Mr. Uhde has indicated and they do have the authority to impose liens and /or assessments on the adjacent lots for the maintenance of the pond. Mr. Kulaszewicz included Mr. Hawkins comments in his motion. Mr. Bohjanen included this in his second of the motion. Voting on the motion. Motion carried unanimously. 8 :17 P.M. - PUBLIC HEARING. PLAT. ROSELYN VAN ELSBERG Mr. Kluegel explained that this request is for a preliminary plat approval in the Rural Area and variance request for lot size and width. The plat consists of three lots, the City Planner and Engineer have reviewed this request and the Rice Creek Watershed District have given their approval. The Planning and Zoning Board have recommended Council approval. Mrs. Jeannette Houle objected to the variance because it will bring down the property values and add to the high water problem and com- plicate the water drainage. 113 114 COUNCIL MEETING September 23, 1985 Page Twelve Mr. Kluegel explained that the rational for granting the variance was due to the large amount of easements on the property. How- ever each lot does meet the ten (10) acre requirement before easements and two of the three lots meet the frontage requirements. Mrs. Houle asked where is the drainage proposed to go. Mayor Ben- son explained this plat is not for small lot development. At the most only two dwellings can be constructed, one of each of the two vacant lots. Mrs. Anderson read the letter from Mr. and Mrs. Orrin Clover who request that this area remain strictly rural and also request the former owner be contacted as well as Mr. Pete Nadeau who is rent- ing the farm land. Mr. Nadeau said he is not concerned about the platting of this prop- erty. He felt confident that he would be able to get his crop off of the land. He asked about the frontage variance and Mr. Kluegel said the variance was for one lot only of 238 feet. Mr. Kulaszewicz moved to close the Public Hearing at 8:25 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson asked about park dedication and Mr. Kluegel told him the park dedication is due prior to signatures on the plat. Mr. Kulaszewicz moved to approve the Planning and Zoning Boards recommendation for preliminary plat approval and a variance to lot size and width. Mr. Bohjanen seconded the motion. Motion carried unanimously. STATUS OF CENTENNIAL FIRE COMMISSION CHAIRMAN BUDGET - NEAL BENJAMIN Mr. Benjamin explained that at the present time the Fire Department is within budget overall. However some line items are over budget such as vehicle maintenance, insurances and accounting services. Through July the total number of calls by the Centennial Fire De- partment has been 107 fire calls and 119 medical calls of which 65% of the fire calls were in Lino Lakes and 61% of the medical calls were in Lino Lakes. The Commission is concerned about limiting the number of medical calls. Part of the problem is the dispatching system. Mr. Benjamin explained that the proposed 1986 budget has increased substantially. There are two fire marshalls and one secretary bud - getedthis year. He explained the situation regarding the fire mar - shalls and the need for them. They are budgeted at $7,600. 1 1 1 1 COUNCIL MEETING September 23, 1985 Page Thirteen Mayor Benson asked Mr. Benjamin to give the Council a complete list of expenditures to date and compare them with budgeted fig- ures for the meeting on October 7, 1985. He would like this in- formation by September 30, 1985 so the Council could study them. Mr. Benjamin said he would do this and ask Mrs. Elsenpeter to attend the October 7, 1985 meeting with him. Mr. Reinert asked who was doing the accounting services. Mr. Benjamin said Mr. Piel in Circle Pines does this. Mr. Reinert sug- gested maybe this could be performed by one of the member cities. Mr. Benjamin said the Commission has tried to keep themselves sepa- rated from the three cities. Mr. Reinert did not see that this would offer any interference by this Council or staff. Mr. Benjamin said the Commission is still looking for a Chairman. There is one candidate for this position and the Commission is looking for others. NEW BIISINESS A. Anoka County Resolution Relating to the Issuance of a Blanket Permit for Archery Deer Hunting in the Rice Creek Regional Park Reserve. Mayor Benson asked that the County notify the City prior to the opening of the hunting season.. B. Work - Session - Levy, October 7, 1985 - 7:00 P.M. Mr. Marier said he would be unable to make this meeting. This is just for setting the levy and he wanted to point out that he does not favor any increase in mill rate. He will send in his questions on each department to Mayor Benson. OLD BIISINESS A. Roger Jensen - Tax Increment Financing, 6:00 P.M., September 30, 1985. Mr. Marier will not be at this meeting. This meeting will be postponed until possibly before the October 15, 1985 meeting. Mayor Benson asked that the tentative agenda for the September 30, 1985 meeting be expanded. He had several items he would like ad- dressed. Mr. Kulaszewicz moved to adjourn at 8 :55 P.M. Mr Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the City Council on_._Oetcbr 15, 1985. Benjamin Marilyn G. Anderson, City Clerk Bens ayor 115