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HomeMy WebLinkAbout04/14/1986 Council Minutes (2)046 COUNCIL MEETING April 14, 1986 The regular meeting of the Lino Lakes City Council was called to order by Acting Mayor Reinert at 7:05 P.M. Members present: Marier, Bisel and Bohjanen. Members absent: Mayor Benson. Building Inspect Pete Kluegel; Public Works Director, Don Volk; Engineer, Bob Toddie; Attorney, Bill Hawkins and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - MARCH 24, 1986 Mr. Marier moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSE?IENTS - MARCH 31, 1986 Mr. Marier moved to approve the disbursements as presented. Mr. Bisel seconded the motion. Mr. Bohjanen asked Mr. Volk if he makes a point of purchasing parts for vehicles locally. Mr. Volk said he purchases where he can obtain the best prices. A local supplier does sell some items to the City at fleet prices. Purchases are made locally, however, competitive prices do usually determine where parts are purchased. Mr. Marier asked about the progress on getting a reimbursement on SAC payments from Metropolitan Waste Control. Mr. Schumacher ex- plained he is pursuing this matter. Voting on the motion, motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - APRIL 14, 1986 Mr. Bohjanen moved to approve these disbursements as presented. Mr. Marier seconded the motion. Mr. Bisel asked about the provisions of the White Bear Animal Control contract. Mr. Schumacher said it is basically a contract for a stated number of hours of patrol and kennel facilities. Fines are not involved. Voting on the motion, motion carried unanimously. OPEN MIKE A. Rick Bangert - Fire Marshall - Mr. Bangert explained burning permits are issued by him for land clearing and other very lim- ited uses. He explained his process for determining if a permit should be issued. Residents who wish to apply for a permit pick up a packet at City Hall. This packet contains an appli- cation and materials explaining the fire code. Mr. Bangert told the Council of the three fires in Lino Lakes this past week. All the fires were illegal and cost a great deal in man hours. He explained he would like to see the burning ban enforced in Lino Lakes and suggested charging a fee for a burning permit to discourage open burning. He also sug- gested imposing a fine for burning without a permit. Mr. Bangert stated he did not feel the burning ban rule should be lessened, but made stiffer by imposing fees and fines. 1 - 047 COUNCIL MEETING April 14, 1986 Page Two Mr. Bangert was called to a fire emergency before the Council could ask questions. Acting Mayor Reinert asked that Mr. Bangert return at the next Council meeting. B. Janet Hill - Mr. and Mrs. James Hill appeared before the Council to request a kennel license for their residence at 298 Elm Street. They have four dogs in the expansion residential (ER) area on less than five acres of land. They presented written material to the Council including a petition signed by the adjoining landowners. Mr. Hill explained these dogs are used for hunting and he has been following the purpose of the law by having the dogs vaccinated although he has not formally obtained a kennel license in the past. It was explained that a complaint had been received at City Hall regarding the dogs not being restrained. The Animal Control had issued citations. Mr. Marier moved to refer this matter to the Planning and Zoning Board for their consideration on May 14, 1986. Mr. Bisel seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING - PRELIMINARY PLAT - ULMER CONSTRUCTION COMPANY - RESOLUTION #86 -07, ACCEPTING FEASIBILITY REPORT AND AUTHOR- IZING PLANS AND SPECIFICATIONS - RANDY SCHUMACHER Mr. Schumacher explained that this is a continuation of the Public Hearing held on March 28, 1986 and reviewed what has taken place to date. The purpose of the continuation was to resolve the issue of the need for additional street right -of -way and to allow Mr. Ulmer some time to negotiate the right -of -way with the landowners. There are eight property owners involved, five are willing to work with Mr. Ulmer, one is not interested at all and another is possibly in- terested. 1 The second issue to be resolved concerns Rice Creek Watershed Districts (RCWD) requirements for ponding and storm water run -off. Mr. Ulmer explained his engineer has designed a plan that will satisfy RCWD requirements but requires easements from about six landowners in Ulmers Second Addition. He showed on a map the area that would require easements for storm water. Mr. Schumacher has received a letter from Mr. & Mrs.Timothy Prins of 7125 Rice Lake Drive concerning the proposed Ulmers Rice Lake Addition #IV LYLE DOAK, 7032 RICE LAKE COURT Mr. Doak's property would be affected by the ponding easement and he stated there would be at least a foot of water on his property 048 COUNCIL MEETING April 14, 1986 Page Three at all times. This would kill trees. He asked if the Environmental Protection Agency had been notified. He did not see how Mr. Ulmers ponding proposal and easement requests could benefit the existing property owners. He also asked if Mr. Elsworth (Sonny) Wenzel had been notified. He said the water would also back up on his property. Mr. Doak also asked if Mr. Wilson had been notified since the addi- tional water from the proposed 4th Addition would run off through his property. James Brandl, 7057 Rice Lake Court - Mr. Brandl stated if Mr. Ulmer is allowed to pond as he has indicated, the water will be fifty feet from his back door and could drain into his basement. It will pond about three - fourths of his property. Jim Hill, 298 Elm Street - Mr. Hill asked if the 100 year high water line take into account the run off from the streets and will street oils be addressed. Carl Schmuland, 212 Ulmer Drive - Mr. Schmuland noted that the storm sewer and the ditch on the west side of his property was never com- pleted and the pipe was incorrectly installed. There has been some staking on is property and one stake is already standing in water. The ditch and pipe are already full and will flow back onto his property. He is concerned about his septic system and felt there was considerable financial risk as well as risk to the wildlife if Mr. Ulmer is allowed to proceed with his ponding and dike system proposal. Gary Dahl, 216 Ulmer Drive - Mr. Dahl said he moved to Ulmer Drive because he like the rustic area and the wildlife. He was also con- cerned about the dike and ponding reducing the area of his lot. Karen Henrikson, 220 Ulmer Drive - Ms. Henrikson said she would be least affected by Mr. Ulmer's ponding plan, but was not in favor of the proposal because of the risk to wildlife and she was also concerned about the resale value of her property. Otan Molvig, 224 Ulmer Drive - Mr. Molvig said he was opposed to the proposal for the same reasons as already pointed out. Mr. Ulmer explained that his proposal will not increase the amount of water that is already there, it will only determine the rate it is allowed to flow out of the area. Mr. Doak said he has worked in construction for many years and said the elevations he has listed are incorrect. Mr. Ulmer said the pond level will stay at where it presently is, it will not change and will not affect wildlife. Mr. Ulmer said the ditch and culvert on the west side of Mr. Schmuland's lot is where it is supposed to be, if they are incorrect, that is the City's fault since the City Engineer is responsible for checking the installation. 049 COUNCIL MEETING April 14, 1986 Page Four I Mr. Doak asked what assurances do they have that Mr. Ulmer's proposed elevations will be forever. He suggested that Mr. Ulmer set eleva- tions on each lot. Mr. Stan Molvig said on a short -term basis there will be more water draining into the area and there will be a greater potential of destroying wild life. Mr. Ulmer said that there will be no more peril to his property than there is today. Mr. Toddie explained the purpose of the wier and baffle proposed by Mr. Ulmer. He said this installation controls the outflow of the water from the area. This installation will help settle the street grease and oils. He noted he had not reviewed Mr. Ulmers proposal but did note the wier will hold back storm water for a short time, 12 to 24 hours causing water to back up for this period and possibly raise to the 100 year storm level. There would be a period of time when the proposed easements would be flooded. Mary Schmuland, 224 Ulmer Drive - Mrs. Schmuland said there are not many species of trees that can survive being flooded. Mr. Reinert said that RCWD has some alternative suggests for storm water control and said this should be discussed further with his engineer. IMr. Doak asked where the fill material for the dike will come from. Mr. Ulmer said possibly from the developments of the 4th Addition. Mrs. Schmuland said it was her understanding that RCWD must approve the plan Mr. Ulmer has for storm water drainage and asked if an Environmental Quality worksheet was prepared. Mr. Kluegel explained this was not required. Mr. Ulmer said there are alternatives to his proposal. r• Mr. Marier said that the street right -of -way easements and the storm water and ponding issue must be resolved before the Council can act on Mr. Ulmer's proposal. Mr. Reinert explained that this hearing is to hear all the concerns and asked Mr. Schumacher to summarize. Mr. Schumacher explained the situation concerning the street ease- ments and said he would like to sit down and negotiate this area. Also, he would like to look at an alternative to Mr. Ulmer's storm water management plan and possibly work with RCWD on this issue. Mr. Marier moved to close the hearing at 8:34 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. 050 COUNCIL MEETING April 14, 1986 Page Five Mr. Ulmer said he would like to get started on the 4th Addition and order plans and specifications. Mr. Bohjanen said a vote on this project tonight may be a little scary. Mr. Hawkins said the Council would have to get Mr. Ulmer's approval to extend consideration of his plat proposal beyond sixty days. Mr. Ulmer said he would agree to the extension. A property owner asked about the procedure when the City exercise its right to eminent domain. Mr. Hawkins explained that three indivi- dual appraisers would place a value on the property and the district court would be involved. The City would pay for the property. Mr. Bisel asked if anything could have been done seven or eight years ago to prevent this problem. Mr. Schumacher explained this is why the Planning and Zoning Board is looking into long range plans for the future of Lino Lakes. Mr. Marier moved to continue the public hearing and consideration of Resolution #86 -07 until May 5, 1986 at 7:00 with final action to be taken May 12, 1986 at the regular Council meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. The Council took a five minute break at 8:55 P.M. CONSIDERATION OF CABLE TV PUBLIC HEARING FOR APPROVAL OF CORPORATE OTNER TRANSFER - RESOLUTION #86 -06 Mr. Marier moved to table this item until further notice from Group W Cable. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF RECOMMENDATION FROM LINO LAKES GAS NEGOTIATING COMMITTEE Mr. Schumacher told the Council that the Gas Negotiating Team had interviewed several gas consultants. The committee has recommended that Mr. Norman Dietrick be appointed to the committee and if addi- tional expertise is needed the firm of Dahlen, Holdenran and Company would be suitable. Mr. Marier moved to authorize the Lino Lakes Gas Negotiating Committee to contact Mr. Deitrick and Mr. Dahlen if necessary to complete the gas negotiations with Circle Pines. Mr. Bisel seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE #86 -01, ULZEER REZONE Mr. Marier moved to continue this item until May 12, 1986. Mr. Bisel seconded the motion. Motion carried unanimously. DISCUSSION OF A PROPOSED OUTLINE FOR THE ESTABLISHMENT OF A POLICE CITIZENS ADVISORY BOARD - RANDY SCHULMCHER Mr. Schumacher presented an outline for the Citizens Advisory Board and asked for Council comments or discussion. 0 51 COUNCIL MEETING April 14, 1986 Page Six Mr. Bohjanen and Mr. Bisel commented that there is a procedure to follow when there is a problem concerning the Police Department and asked why this advisory board is needed. After further discussion, Mr. Bisel moved to adopt Mr. Schumacher's outline. Mr. Bohjanen seconded the motion. Motion passed with Mr. Marier abstaining. PUBLIC WORKS DEPARTMENT REPORT - DON VOLE A. Sunset Road Improvement Proposal by Blaine and Anoka County - Mr. Volk explained he has been contacted by the City of Blaine to let him know that the City of Blaine is planning a utility extension project from 105th to 108th (approximately 1/2 mile north of North Road to 35W on Sunset Avenue). Blaine has contacted him to determine if any Lino Lakes residents wish to connect into this project in the same manner as the residents near Ash Street connected into the Shoreview system. Anoka County is planning to upgrade Sunset Avenue from North Road to 35W. This hinges on whether or not Lino Lakes residents hook up to the utilities. If Lino Lakes residents do not hook up to utilities, the County will not do a full renovation of Sunset Avenue, but will just repair the section ripped up by the Blaine project. Mr. Marier moved to set an informational hearing for 8:00, May 12, 1986. Mr. Bisel seconded the motion. Motion carried unani- mously. Mr. Volk will ask the Blaine City Engineer and the Assistant County Engineer to be present at this hearing and have approximate costs to relay to the residents. 35W MINNESOTA DEPARTMENT OF TRANSPORTATION ROAD IMPROVEMENT Mr. Volk explained this is for informational purposes only. This upgrading of 35W may cause some delays and inconveniences for Lino Lakes residents. ENGINEER'S REPORT - BOB TODDIE A. Consideration and Approval of Easement over Portion of Outlot "F" - Mr. Toddie explained this is a request for the purpose of construction of a drainage swale from the pond Mr..Uhde.is building on the north-portion of Outlot "F ". The purpose of the easement is to allow the outflow of the water from the pond to flow to the culvert that goes to Lake Reshanau. He did not see a problem with this and in fact is necessary to complete the ponding project. He has inspected the area. Mr. Reinert noted the area is not draining now and Mr. Toddie explained this is because the lake is at a high level. Mr. Reinert asked if additional water would flood this area. Mr. Toddie explained that the pond on the north portion of Outlot "F" will hold back some of the water and may help allevi- ate the water standing in the area now. 052' COUNCIL MEETING April 14, 1986 Page Seven Mr. Volk noted the catch basin through which the culvert to Lake Reshanau flows is in very bad condition. He asked that the approval of the easement be conditioned on Mr. Uhde upgradi the catch basin. After further discussion, Mr. Bohjanen moved to have Mr. Volk and Mr. Schumacher negotiate with Mr. Uhde to upgrade the catch basin as a condition to granting the easement when the catch basin issue is negotiated. Mr. Marier seconded the °motion. Motion carried unanimously. B. Anoka County Proposed Road Improvements - The City Council has received a map from Anoka County outlining several roadway projects that the County is planning for the next several years. Mr. Toddie explained the projects. Mr. Bisel asked who coordinates these projects with the City. Mr. Toddie said he views this as one of the City Engineer's responsibilities. It was determined that this should be in- vestigated further since some of these projects may vary from the normal City standards. Mr. Bohjanen moved to have Mr. Toddie invite the County Engineer to appear before the Council April 28, 1986. Mr. Bisel seconde the motion. Motion carried unanimously. C. Paul Howard - Baldwin Lake Court - Mr. Toddie told the Council that Mr. Paul Howard is planning to expand his mobile home court this summer and this involves extending sewer service. He has also received calls from his neighbors expressing interest in connecting to the sewer system. Mr. Toddie told these people to initiate a petition for these services and present it to the City Council. It may be necessary for the facility in the Baldwin Court to be oversize to accommodate the adjoining neigh- bors. ATTORNEY'S REPORT- BILL HAWKINS Mr. Hawkins did not have a report. DISCUSSION OF SALE OF OUTLOT "F" Mrs. Anderson explained at least twenty nine of the thirty seven homeowners are interested in purchasing portions of Outlot "F ". Mr. Marier moved to authorize the City Engineer to lay out the subdivision of Outlot "F" and sell the individual portions to the adjoining home owners. Mr. Bisel seconded the motion. Motion carric' unanimously. 1 1 COUNCIL MEETING April 14, 1986 Page Eight PATROL OFFICER - 053 5 Mr. Schumacher explained the City Council met at 6:00 P.M. tonight and interviewed three candidates for patrol officer. The candidates were Steven Palma, Michael Lewis and Kevin Wagner. They were the three finalists selected from over 100 applications. It was the concensus of the Council that Mr. Lewis should be hired as the new Lino Lakes police officer. Mr. Bisel moved to accept Mr. Lewis' application and hire him as patrol officer. Mr. Bohjanen seconded the motion. Motion carried unanimously. Chief Campbell was directed to send letters to all applicants and thank them for their interest in Lino Lakes and also send letters to the two candidates interviewed tonight explaining their applications will be kept on file for a year. OLD BUSINESS A. Followup on Zip Code Problems with the U.S. Postal Service - Mrs. Anderson explained this item is to update the Council regarding a letter received from the post office dated March 12, 1986. The post office will allow all Lino Lakes residents to use "Lino Lakes" in their address with the proper zip code. The post office is also continuing to work with the Lino Lakes businesses to establish a contract station. The post office has asked that area newspapers be made aware of the March 12, 1986 letter so that they publish this information for the benefit of Lino Lakes residents. B. Appoint an Anoka County Park Advisor - Park Board Member - Mr. Bohjanen has spoken to Mr. Bill Nissen who is a Lino Lakes Park Board memberr :and he is interested in serving on the Anoka County Park Advisory Board with Mr. McLean, a member of the Lino Lakes Planning and Zoning Board. Mr. Bohjanen moved to appoint Mr. Nissen to the Anoka County Park Advisory Board with Mr. McLean. Mr. Marier seconded the motion. Motion carried unanimously. C. League of Minnesota Cities Conference - Mr. Schumacher reminded the Council they should let him know if they wish to attend the League Conference so that hotel reservations can be made. D. Consideration and Approval of G. M. Development Contract - Authorize Mayor and Clerk Signatures - Mr. Bisel moved to approve the development agreement and authorize signatures. Mr. Marier seconded the motion. Motion carried unanimously. - -54 COUNCIL MEETING April 14, 1986 Page Nine NEW BUSINESS A. Proclamation - Designating Hospital Week - Mr. Marier moved to adopt the proclamation. Mr. Bisel seconded the motion. Motion carried unanimously. PROCLAMATION NATIONAL HOSPITAL WEEK Whereas: May 11, 1986 through May 17, 1986 has been designated National Hospital Week by the American Hospital Associ- ation, the citizens of Lino Lakes openly pay tribute to the dedicated staff of District Memorial Hospital for providing the high quality health care that helps us all lead healthier lives. Given this 24th day of March, 1986 in Lino Lakes in the great state of Minnesota. B. Park Board Liaison Report - Bill Bohjanen - Mr. Bohjanen reviewed the past three months work of the Park Board. He noted two new park signs have been completed, the boat launch is being considered and Mr. Volk is getting estimates. Mr. Schumacher is working on leasing some property on Birch Street from Centennial Schools for playground use. The Anoka County Resolution will be addressed at the next Council meeting. C. Planning and Zoning Liaison Report - Harold Bisel - Mr. Bisel noted the P & Z Board is currently working on revising the comprehensive land use plan as well as completing items brought to them each month. D. Roland Ford - Pete Kluegel - Mr. Ford has not completed all the items that were required of him, but the City still is holding a $4,000 escrow. Mr.. Bisel said because February was a very cold month he moved to extend the period for cleanup thirty days. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. E. Work Session for 1985 Audit - Mr. Schumacher noted the workshop has been set for April 28, 1986 at 6:00 P.M. F. Board of Review, April 21, 1986 - Mr. Schumacher noted that the Board of Reveiw will be held April 21, 1986 at 7:00. Mr. Bohjanen moved to adjourn at 10:00 P.M. Mr. Bisel seconded the motion. Aye. Minutes were considered and approved on 4/28/86. Marilyn) G. Anderson, City Clerk :enja 1