HomeMy WebLinkAbout10/28/1985 Council Minutes4
COUNCIL MEETING
October 28, 1985
The regular meeting of the Lino Lakes City Council was called to
order by Mayor Benson at 7:00 P.M., October 28, 1985. Council
members present: Bohjanen, Reinert, Marier and Kulaszewicz.
Council members absent: None. City Engineer, Bob Toddie; Attor-
ney, Bill Hawkins; Building Inspector, Pete Kluegel; Administrator,
Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also
present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Meeting, October 15, 1985 - Mayor Benson noted on page 27,
6th paragraph, "Mr. Toddie" should be changed to "Mayor Benson ".
Mr. Marier moved to approve these minutes as corrected. Mr. Rein-
ert seconded the motion. Motion carried with Mr. Kulaszewicz ab-
staining.
Special Council Meeting, October 15, 1985 - Mr. Reinert moved to
approve the minutes as presented. Mr. Bohjanen seconded the mo-
tion. Motion carried with Mr. Kulaszewicz abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
Mr. Marier asked if office supplies such as letterheads are cen-
trally purchased. Mr. Schumacher said yes with the exception of
the Police Department because of the special nature of their forms.
Mr. Kulaszewicz moved to approve the Disbursements as presented.
Mr. Marier seconded the motion. Motion carried unanimously.
OPEN MIKE
A. Bill Hutton - Forest Lake Youth Service Bureau - Mr. Hutton
submitted a letter to the Council which outlines the services
provided to Lino Lakes residents in 1983 and 1984. He explained
that the Bureau will be providing additional services which in-
cludes: (STEP -TEEN) and a Shoplifting Awareness Class. He noted
that the number of residents using the service has increased by
about 20% and this is probably because the school cannot deal with
a lot of the situations and have been referring people to the Youth
Service Bureau (YSB). Also the local Police Departments have been
referring residents to the YSB.
Mayor Benson asked if the YSB is trying to do more in the way of
preventative rather than correction. Mr. Hutton said, no, they
are in the intervention, prevention, diversion category. They are
short term, brief counseling providers and if there appears to be
problems that the YSB cannot help with they are referred to other
services.
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COUNCIL MEETING
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Mr. Marier said he was impressed with the work of the YSB and
moved to grant a $500.00 expenditure to this group.
Mayor Benson noted that the YSB has had a 20% increase in its use
and the City has given $500.00 for the past two years. He sug-
gested the City provide more money since the YSB expenses are up
because of the added use.
Mr. Marier withdrew his motion.
Mr. Marier moved to grant $600.00 to the YSB. Mr. Kulaszewicz
seconded the motion. Motion carried unanimously.
Mayor Benson asked Mr. Hutton to continue to provide the Council
with periodic reports.
Mr. Hutton noted that Anoka County has now provided some funding
for the YSB thereby recognizing the services provided to Anoka
County residents.
Mr. Reinert noted that some of the people serviced by the YSB were
walk -ins rather than referrals. This means that residents are be-
coming aware of the services.
The Council thanked Mr. Hutton for the report.
PLANNING AND ZONING REPORT - PETE KLUEGEL
A. Van Elsberg Final Plat - Mr. Kluegel noted the preliminary plat
was approved September 23, 1985, the final plat has been received
and reviewed by the County Surveyor, City Engineer and has been sent
to the City Attorney for his review. Park Dedication fees are to
be paid in full prior to signatures. Mr. Hawkins said the plat
could be approved tonight contingent on his review.
Mayor Benson asked that something be done about plats in areas where
there is a ten acre lot minimum. Residents in this area were con-
cerned that there would be houses on one acre lots. Mr. Schumacher
said letters had been written to those who were not at the public
hearing explaining that even though this was a plat there would be
just one house per ten acre lot. He also explained the Ordinance
has been changed and should relieve this problem in the future.
Mr. Reinert moved for approval of the Van Elsberg Estates final plat
subject to the conditions as laid out by the Planning and Zoning
Board, 1) Attorney to review abstract and final plat; 2) park dedi-
cation fees. Mr. Bohjanen seconded the motion.
Mr. Marier moved to amend the motion to include that the Van Elsberg
Estates is a three ten acre plat. Mr. Kulaszewicz seconded the
motion. Motion carried unanimously.
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Voting on the original motion, motion carried unanimously.
B. Jeff Joyer - Variance to Set Back, Corner Lot - Mr. Kluegel
explained this is a variance request by El Rehbein & Son for set
back from a thoroughfare for a corner lot in Shenandoah.
Mr. Kluegel said the plat was processed and recorded in 1971 under
Ordinance #21 which called for a 30 foot setback from a thorough-
fare. This Ordinance has been amended by Ordinance #56 and the
present City Code to require a 40' setback. In addition, Mr.
Kluegel has taken the average of all the lots along Birch Street
within 400' of the lot in question. The average set back is 27'.
The Planning and Zoning Board did recommend denial of this vari-
ance request due to the fact that the plight of the landowner is
caused by economic reasons rather than a hardship of the land,
the City Planner recommended denial, approval would not be in
keeping of the spirit and intent of the Ordinance.
Mayor Benson asked why Mr. Kluegel considered the Hooper house when
calculating the 27' average set back. Mr. Kluegel explained the
Ordinance specifically calls for an average of all homes within
400' of the lot in question and this home is within 400'.
Mr. Joyer presented a site plan showing the lot in question at Birch
Street and Totem Trail. He also referred to a copy of Subdivision
10, Section 4, of the Zoning Ordinance and felt according to his in-
terpretation of this portion of the Ordinance a variance would not
be required.
There was discussion on what size house was proposed. Mr. Joyer ex-
plained the proposed home is 968 square feet with a 22' x 22' at-
tached garage. There was discussion about building a detached
garage and locating it behind the house. However, there is marginal
soils in this area.
Mr. Reinert felt the Planning and Zoning Board did address the prob-
lems associated with this lot in that another type of home could be
built on this lot which would not create a need for a variance.
Mr. Joyer stated that the Planning and Zoning Board did not recognize
that there is a hardship. He felt the hardship is that since this
lot was platted the City has increased the set back requirements by
10 feet. The lot dimension was determined in 1971 and cannot be
changed and now that the City Code has been changed to re-
quire a 40 foot set back there is 10 feet less usable space on the
lot.
Mr. Marier said there was a problem with the soils on this lot and
felt the prospective owner should know this. Mr. Joyer explained
that the lot has been reconstructed and the poor soils were removed
and the proper soils brought in. The prospective owners know that
there is a limited area in which to build a house on this lot. There
also would be a ten year warranty placed on the home.
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COUNCIL MEETING
October 28, 1985
Page Four
Mayor Benson asked what reasons would Mr. Joyer give for going
against the City Code and granting a variance. Mr. Joyer said
that a precedence has been set by the existing homes on Birch
Street who were required to have a 30 foot set back.
Mr. Reinert suggested that Mr. Joyer take his clients to another
location further east on Birch Street if they are determined to
build this particular style of house and then build a house on
this lot that would fit the conditions of the lot. Mr. Joyer
said if the decision was made to build on Lantern Lane there
would be some time delay.
Mr. Joyer asked Mr. Hawkins to comment on Subdivision 10, Section
4 of the Zoning Code. Mr. Hawkins said this section pertains to
front yard set backs. In this case it is a side yard set back
problem and the City should start to require conformance to the
City Code.
The prospective buyers were in the audience and said they would
like more information about the lot and the soil conditions. Mr.
Marier said since the prospective buyer wishes to look at this
lot a little further and to grant El Rehbein and Son, Inc. a little
more time to work with the prospective buyer he moved to table this
item until November 12, 1985. Mr. Kulaszewicz seconded the motion.
Motion carried unanimously.
PARK BOARD REPORT - RANDY SCHUMACHER
Mr. Schumacher explained that the staff and Park Board has been
negotiating with the owners of the Sunset Oaks Plat for some time
to obtain the proper park dedication. On October 1, 1985 he, Mr.
Hawkins, members of the Park Board and Mr. Volk met with the owners
of the Sunset Oaks Plat and came to -an agreement. This agreement
consists of deeding titles to lots 13, 14 and 15, block 2, Sunset
Oaks to the City as well as giving the City $3,000.00 in cash. The
Park Board has met and has recommended that the Council approve this
agreement. The lots are developable for park uses and are not low
or swampy. Mr. Schumacher told the Council he felt this was a good
agreement.
Mr. Bohjanen moved to approve the Park Boards' recommendation to
accept lots 13, 14 and 15, block 2, Sunset Oaks and $3,000.00 cash
for park dedication. Mr. Kulaszewicz seconded the motion. Motion
carried unanimously.
Mr. Bohjanen told the Council that a letter has been received from
a resident who wishes to become a member of the Park Board. This
will be considered at the next Council Meeting.
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Page Five
CONSIDERATION OF WEST OAKS LETTER OF CREDIT EXTENSION - RANDY
SCHUMACHER
The Planning and Zoning Board has recommended that the West Oaks
letter of credit for the installation of bituminous streets be
revoked. Mr. Schumacher explained that there has been a problem
getting natural gas to this area and has taken most of the summer
to resolve this issue. It is his understanding that North Central
Public Utilities will be the supplier, however they do not have a
main trunk line in the area. Therefore, they are proposing to in-
stall the interior lines which will be supplied by a bulk tank in
the immediate area until the main trunk line can be installed.
For this reason Mr. Schumacher said he felt it was justified to
extend the letter of credit for West Oaks through June 1986. He
felt it was not sensible to install a street and then later put in
gas lines across the street.
Mr. Tom Dougherty said that the gas issue was resolved in June 1985
and felt that Mr. Bruggeman should be made to live up to one of his
committments which was to install the road.
Mr. Mel Smith said according to the June letter the gas installation
will not occur for another two to three years. Mr. Schumacher ex-
plained the intent is to install the internal lines now and service
the area from a bulk tank and then run the main trunk line in after
two to three years.
There was discussion about how the installation of gas lines inter-
fereswiththe installation of the street. Mr. Toddie explained that
although the gas line is installed approximately eight feet off the
property line the services still have to cross the street.
Mr. Fred Chase stated that Mr. Bruggeman has not completed the bou-
levards and the drainage is causing some trees to die. He also
stated he attended a West Oaks meeting earlier this summer and Mr.
Bruggeman was quite adamant that the street would not be completed
this year due to there being a number of lots still undeveloped.
Mr. Smith felt installation of gas lines was not a major project.
He explained some problems with the home owners association and
other promises made by Mr. Bruggeman. He felt Mr. Bruggeman should
be forced to complete the street.
Mr. Kluegel told the Council the letter of credit is due to expire
in December 1985. He was told by Mr. Bruggeman that the streets
would be completed this past summer.
Mr. Dougherty felt Mr. Bruggeman was close to default. He felt
someone should be looking at this to protect the home owners. Mr.
Schumacher explained the letter of credit is for one and one half
times the cost of the street and it has already been renewed until
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COUNCIL MEETING
October 28, 1985
Page Six
June 1986. This guarantees installation of the street at no cost
to the homeowners.
Mr. Chase told the Council even if the letter of credit is revoked
there is not enough time left this year to complete the street.
Mr. Schumacher explained that Mr. Volk is preparing a policy that
will avoid situations like this in the future.
Mr. Smith asked the Council to determine which gas company will be
supplying gas service and at what cost. He said there have been
some proposals made to the residents but it has all been verbal.
He is concerned that the gas companies may stall the permanent in-
stallation for several years.
Mr. Marier suggested that the City contact North Central and deter-
mine what their schedule is for this area. He also suggested talk-
ing to Mr. Bruggeman regarding his committment in this area and the
position of his letter of credit and give him the opportunity to
explain how he will get the streets in before it freezes. If this
is unreasonable he asked., that Mr. Bruggeman appear at the November
12, 1985 Council meeting to give his time table. Mr. Toddie ex-
plained that it may not be possible to construct the road this
season.
This item will be on the November 12, 1985 agenda.
ENGINEER'S REPORT
A. Workscope and Cost Estimate for Wilson Lawsuit. Mr. Toddie
had presented a cost estimate and workscope at the last Council
Meeting for, the Wilson lawsuit.
Mayor Benson asked if some of this information is not already avail-
able at City Hall. Mr. Toddie said if it is available it still has
to be compiled and drainage areas and flowage area has to be deter-
mined. The workscope and cost estimates represents the full treat-
ment of the situation, however Mr. Hawkins may need something less
to continue with the lawsuit.
Mr. Hawkins was not sure how much of the material would be needed.
He will get together with Mr. Toddie and come to a conclusion as to
what he will need and present this to the Council on November 12,
1985.
B. Shoreview Sanitary Sewers and Water Main Extension - Baldwin
Lake Area. Mr. Toddie had prepared the Shoreview agreement and
presented it to the Council at the last Council Meeting for them
to study. Mr. Toddie said he felt it was a fair agreement and the
Lino Lakes citizens would be paying the same rate as the Shoreview
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COUNCIL MEETING
October 28, 1985
Page Seven
citizens.
Mr. Hawkins said there were several areas he is concerned about.
He felt it would not be fair for Lino Lakes to collect all the
user charges and give them all to Shoreview. These fees are
for maintaining the system and he felt Lino Lakes should retain
a percentage of the user fees for maintenance of the Lino Lakes
portion of the system. Mr. Hawkins also recommended that item
"F" on page six be eliminated. He noted that item "H" on page
six was to restrictive. This City should maintain control of
its own zoning.
Mr. Reinert moved to have the areas outlined by Mr. Hawkins re-
drafted and presented to Shoreview. Mr. Kulaszewicz seconded
the motion. Motion carried unanimously.
C. Draft Letter to 4th Avenue Residents Regarding State Aid
Road and Storm Sewer Project - Mr. Toddie presented a draft
letter that is to be sent to the landowners in the 4th Avenue
reconstruction area to let them know of the proposed construct-
ion and the proposed public hearing set for February 10, 1986.
There was discussion about who should get these letters and it
was determined it should go to every landowner who could be
affected by the project.
D. Consideration of a Petition for Storm Sewer Installation -
West Shadow Lake Drive - Mr. Toddie explained this would be the
installation of a culvert and catch basin in an existing ease-
ment located between 7002 and 7006 West Shadow Lake Drive. Pre-
sently there is a drainage swale and the petitioners are asking
that a culvert be installed so that they would have more usable
area on their lots. Mr. Toddie explained since the petitioners
are the beneficiaries they should share in the cost. Also it
should be determined if other( landowners in the area would
benefit from the installation or are contributing to the problem
They should also share in the cost.
There was discussion regarding a pre - public hearing for the re-
sidents in the area, however, there would be no cost figures to
discuss. Also since this would be such a small project it would
not be feasible to prepare for a public hearing by involving
the City Engineer. There was also discussion regarding septic
systems in this area and it was determined that there was no
relationship between the septic systems and the proposed storm
sewer.
Mayor Benson asked that Mr. Volk look at the situation and determine
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COUNCIL MEETING
October 28, 1985
Page Eight
a cost for the installation of the storm sewer and bring this
information to the next Council meeting.
ATTORNEY'S REPORT
A. Rice Creek Watershed Petition - Mr. Hawkins gave the Council
a copy of a letter he wrote dated October 21, 1985 to the Rice
Creek Watershed District (RCWD) Attorney stating it is the desire
of this City to petition for a repair project for Ditch #22 as
defined in Section 80 of Chapter 172, Session Laws, 1985. Mr.
Murray, the attorney for RCWD, had telephoned Mr. Hawkins and
asked how this repair was to be financed. Mr. Hawkins indicated
that this was to be a joint project, however Mr. Murray said
RCWD did not have any money for this type of repair. He also
said the RCWD Board had ordered their own engineer to do a
feasibility report to determine the cost of this repair. Mr.
Murray was concerned that once the City had filed the petition
the City would be under the repair provisions without having
come to some agreement regarding the financing and that some
people may have to be notified about possible assessments. Mr.
Murray said that the feasibility report will be ready within
the next couple of weeks. Once the costs are known this City
can get together with the County and RCWD and come to some
joint agreement on how this is to be financed.
There was discussion regarding time frames and whether or not
there was duplication of feasibility studies. Mr. Toddie will
followup with the RCWD engineer and report his findings at the
next Council meeting.
Mayor Benson asked that the City not send out the letter not-
ifying the area residents of the improvement project until
after the next Council meeting.
B. Ordinance #85-08, Abatement Procedures for Nuisances,' Second
Reading - Mr. Schumacher said it appears that the hearing exam-
iner required by this Ordinance should be a technical person.
Mr. Hawkins recommended the City contact the State Hearing Ex-
aminers Office and get an estimate on what they charge. Mr.
Schumacher will give this information to the Council at the next
Council meeting.
Mr. Reinert moved to adopt Ordinance #85 -08 and dispense with
the reading thereof. Mr. Kulaszewicz seconded the motion. Mo-
tion carried unanimously.
Ordinance *85 708 is printed on page 104 of the September 23,
1985 minute book.
OLD BUSINESS
A. Set Meeting for Canvas of Election - Mr. Bohjanen moved to
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COUNCIL MEETING
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Page Nine
set this meeting for Thursday, November 7, 1985 at 7 :00 P.M.
Mr. Marier seconded the motion. Motion carried unanimously.
B. Anoka County Resource Recovery Program - Mr. Schumacher gave
the Council some background information on the plans by Anoka
County to establish criteria necessary for the selection of a
site for its Resource Recovery Facility. There is a fifteen -
acre site in Lino Lakes that the County is looking at. Due to
its location within the County this site is not very high on
the County's ranking list at this time. However the County is
moving very quickly on this matter and they will be holding
public hearings in the next few weeks.
Mr. Marier reminded the Council there is a letter on file and
reconfirmed each year by the County stating that this City is
opposed to any further takeover of any lands in Lino Lakes for
any purpose for County use. He asked that the County be reminded
of this letter by sending them another copy of it.
Mayor Benson said that if there is a problem of time the County
should petition the state for extra time so that something is
not done in haste that will not benefit the citizens of the County.
Mr. Reinert said he was a member of the Citizens Advisory Comm-
ittee which became a meaningless committee since they were al-
ways told of events after the fact. He said this areas County
Commissioner has been voting favorable on this installation and
asked that the City find out what her position is on this issue
as it relates to Lino Lakes.
Mr. Reinert moved to send a letter to Mrs. Langfeld, Lino Lakes
County Commissioner telling her the Council's position on this
matter. Mr. Marier seconded the motion. Motion carried unan-
imously. A copy of this letter will also be sent to the entire
County Board and state legislators.
Mr. Schumacher was concerned that if there is a problem the dec-
ision will be made at the County level without input from this
City or researched for potential problems.
C. Mayor Benson has received a letter from the State of Minnesota
informing the City of a conference November 8, 1985 dealing with
the Local Government Aid Stress and the possibility of shortfalls
in state revenues. Mr. Schumacher and Mr. Bohjanen said they
will try to attend this meeting.
D. Mayor Benson noted a letter from TKDA dealing with the appoint-
ment of a study committee by the legislature to review guidelines
for the turn back of state highways to municipalities and counties.
This would mean that municipalities or counties would be respon-
sible for the maintenance of the turned back streets and roads.
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COUNCIL MEETING
October 28, 1985
Page Ten
Mayor Benson suggested sending a letter to the governor and our
state legislators and MnDoT telling them that this City is against
any turn back until the City has more information about how the
costs of maintaining the roads are to be funded.
Mr. Reinert said probably the procedure is for the state to bring
the roads up to some standard and then turn them over to the
county or municipality and from there on it is their responsibility.
He felt this City did not need any extra burdens.
OLD BUSINESS
The Senior Council has sent copies of minutes from their latest
meeting stating they do not want smoke eaters at the .Senior Center
but do want "NO Smoking" signs installed. Mr. Marier moved to
have "No Smoking" signs installed as requested by the Senior
Council. Mr. Bohjanen seconded the motion. Motion carried un-
animously.
Mr. Schumacher said the shelving problem at the Senior Center
is resolved, the metal server has been taken care of and quotes
are being taken for a water heater and for moving the hand sink.
Mr. Schumacher explained the Lino Lakes Senior Citizens Club
Request Form to the Council. He felt this form would improve
the communications between the Seniors and the City Staff.
The Council has received a copy of a letter from the Rice Creek
Watershed District Board to El Rehbein & Son, Inc. dealing with
the Lakes Addition VII subdivision. It states that the RCWD does
not have any problem with the development of this subdivision as
it relates to their jurisdiction which includes holding ponds
and surface water drainage.
Mr. Hawkins said he will check with the court to determine the
status of the Rehbein lawsuit.
Mr. Reinert noted a meeting was held at the Forest Lake School
District some time ago dealing with holding the line on taxes.
Mr. Bohjanen said he did not attend this meeting and no other
meetings have been scheduled. Mr. Reinert felt_. it is critical
this Council open some lines of communciation to help keep the
taxes in this City in line and perhaps reduce them some more.
Mr. Schumacher presented a status report on the Economic Develop-
ment Committee. The Committee has met with Mr. Roger Jensen. Mr.
Jensen and Mr. Schumacher will put together some possible altern-
atives for the Economic Development Committee to look at dealing
with 501 programs as well as several other programs.
Mr. Kulaszewicz moved to adjourn at 9:20 P.M. Mr. Reinert seconded
the motion. Aye.
These minutes were considered and approved at a regular meeting of
the City Council on November 12, 1985-
Marilyn 'Anderson, City Clerk
jamin G, ens ~n, 'Mayor
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