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HomeMy WebLinkAbout05/14/1986 Council Minutes1 1 1 085 SPECIAL COUN(IL flay 14, 1986 A special meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:06 P.M. Council members present: Marier, Reinert, Bohjanen. Mr. Bisel arrived several minutes later. City Attorney, Bill Hawkins; Engineer, Bob Toddie and Clerk- Treasurer, Marilyn Anderson were also present. Mayor Benson explained the purpose of the meeting was to discuss with Mr. Ulmer and his engineer Ulmer's Rice Lake 4th Addition. Mr. Duane Olson, consulting engineer for Ulmer Construction posted a map showing the proposed subdivision and the proposed dike system and ponding easement areas. He explained what is being presented at this time is essentially the same plan presented with the ori- ginal Rice Lake 2nd Addition except the dike is larger and he is proposing that all storm sewers be completed. Mr. Olson explained the previous engineering work had been prepared by Carley Engineering, but the actual construction has not been completed to date. Had this been completed, the easements being requested now would have already been dedicated. Mr. Olson explained the RCWD requirements and outlined the storm water ponding and easement proposal. This proposal is essentially the same proposal Mr. Dennis Ulmer presented April 14, 1986 and discussed elevations, storm water run -off and the baffle and weir construction required by RCWD. Audience remarks: Who will maintain this system? Mr. Olson explained it would be dedicated to the City. Who will clean the debris collected at the weir? Mr. Olson ex- plained debris will be cleaned by the City crew. Mr. Olson explained the RCWD requires that every subdivision take care of their own storm water on site. He noted other Watershed Districts treat storm water on a larger ° scale °with bigger holding ponds, etc. A gentleman said he had a hard time seeing why this system will not clog up causing storm water to build up. What is at the south end of the weir? Mr. Olson explained that there is an outlet that allows water to flow into a ditch that is poorly defined along 2nd Avenue and then under Lake Drive to Rice Lake. A gentleman said his complaint is because he bought a one acre lot. Easements on his lot would reduce his usable area. Someone comment that the people in the area are complaining about the volume of houses being proposed. 0d6 F: e Two SPECIAL COUNCIL May 14, 1986 What do you propose to do? At the last hearing Mr. Ulmer did not have a viable plan, what does the Council plan to do with it? Do you propose to build a dike? Mr. Olson said yes. Do you propose to complete the ditch and weir? Mr. Olson said yes. You say you are constructing a dike and yet you say there will not be an increase in water volume. Are you building a dike to please RCWD? Mr. Olson said yes. What will a two foot rise in the water do to the wildlife? Mr. Olson said the DNR has approved the plan so they feel the impact will not be significant. Comment: You are protecting yourself and the people downstream, but not the people in the immediate area. Mr. Olson said this plan will rectify a problem that is already there. Is there an alternate plan if easements are not granted. Mr. Olson said none that RCWD will approve. Comment: I would think the Council would want to do what the neighbors want done, not what the developer wants done. Why not leave the plat one acre lots and put the holding pond on the plat. Mr. Olson said this would not change the RCWD require- ments. Is there no other solution than using Outlot A? Mr. Olson said Mr. Ulmer could acquire more property and increase his costs. However, the area is already there and owned by Mr. Ulmer and it was intended for this use. Can Outlot A be dug deeper? Mr. Olson said yes, but there is not outlet that deep. A gentleman said Mr. Ulmer contacted him once about the easement for the road. Then he told him he (Mr. Ulmer) was tired of deal- ing with him. There was no negotiation. A gentleman said another solution would be to cut back to 40 homes and place a holding pond on that property. A gentleman commented that he had bought a one acre lot and a neighborhood. If Mr. Ulmer builds 107 homes, this is not what he bought. He has contacted an attorney and will take action against the Council if this plat is approved. Mayor Benson explained that if municipal sewer is available, the City cannot prevent a developer from platting his property into urban sized lots. Mr. Toddie explained this area is in the Metro- politan Council's Urban Service District and approval from that body has been granted. Mayor Benson said the City has already planned that municipal sewers will be scheduled for this area with the adoption of the present comprehensive land use plan. 1 1 1 Page Three SPECIAL CoU CIh May 14, 1986 A gentleman said that the decision of where to put municipal sewer should be decided by the citizens of Lino Lakes. Mayor Benson explained Metro Council directs where development will be by locating sewers in that area. Comment - I bought a corner lot, and if I grant this easement, I will have three back yards instead of a corner lot. Mayor Benson explained that the Council will have to look at the whole plat and what it will do for the City. He noted that things do change, he personally found this out in his area. Things do change when sewer is available. Comment: I am not opposed to development, but do not want to see it at the expense of existing homeowners. After the last meeting, it was expected there would be alternate plans to look at. Also, there should be compensation if the present landowners have to give easements. Will I be required to book up? Mayor Benson said no. Question: As future development takes place to the north and the east will they also use Outlot A for storm water drainage? Mr. Olson said no, that the east will drain south and east and the north will drain north toward the freeway. Comment: The Council should require Ulmer to bring alternate drainage plans. Mayor Benson said no, the Council can only act on plans submitted by Mr. Ulmer. Comment: The situation needs compromise, do not feel Mr. Ulmer should be able to change his plans on a plat after he has sold one acre lots. Comment: 107 houses under construction will cause traffic problems and present a hazard in that the children will play in them. Also at the rate Mr. Ulmer is currently building it will take him thirty five years to complete the project. Mayor Benson disagreed and said that the project would probably be completed in three or four years. The traffic flow will be to collector streets and people in the area should control them- selves and watch their own children. What about schools? Mayor Benson said the City Council has no control over this. Is Ulmer the only builder who has proposed development of this area? Mayor Benson said yes, he owns the property. We though Mr. Ulmer was being granted an extension of time to work out an alternative plan. Mr. Marier said yes, but did not find an alternative. 087 O68 SPECIAL COUNCIL May 14, 1986 Mr. Ulmer said they did try to present alternative proposals to RCWD but the District said the plan presen ted tonight is the only plan that makes sense. Mr. Olson commented said the proposal has the least effect on the wetlands. Mayor Benson listed benefits of the plan presented tonight: 1) current residents get added protection from storm water damage; 2) probably lose no more of their lot to storm water ponding than they are losing tonight; 3) if give easements will get added pro- tection and 4) citizens have every right to express themselves. Question: If plat is accepted, how far will the City go to get the necessary easements? The City could use eminent domain and the courts will determine the value of the land and the owners will be compensated. However, the City does not want to do this. Mr. Ulmer said he feels he has made every effort to get the ease- ment but the objections are to the density, not the easements. Comment: Nobody mentioned cash. Mr. Ulmer said he felt if he paid for all the improvements that would be adequate compensatlun. Comment: Why did Ulmer advertise one acre lots? Mr. Dennis Ulmer explained that was what the City allowed at that time. It was not his idea to bring in sewer and water. Question: I am one property owner who should deed over easements for a road. If the seven people affected by the roadway easements are not willing to deed the land and the Council goes eminent domain, will they pay for the land? How many people are going to give their land away when they can get cash. The Council took a five minute break at 8:50 P.M. Mr. Mike Roller, 7080 Rice Lake Drive gave the Clerk a petition expressing disagreement with Mr. Ulmer's plan. Mr. Hawkins outlined the Council's options: 1) deny the plat; 2) approve the plat contingent on obtaining the necessary ease- ments. There are two problems with this. Eminent domain is expensive and the Council will have to document this action as being in the public interest. However, Mr. Ulmer could put cash up front for this procedure. Mr. Marier said if Mr. Ulmer would offer something maybe feelings could change. 1 1 Page Five SPECIAL cut :NU1 L May 14, 1986 Mr. Hawkins noted that Mr. Ulmer's proposed plat is a legal plat and the Council cannot deny the plat based on the reason it has 107 homes. Mr. Marier moved to tell Mr ..Ulmer to get someone to negotiate the easements and have the Clerk notify the landowners. This item will be on the May 27, 1986 agenda. Mr. Bohjanen seconded the motion. Motion carried unanimously. 089 Mayor Benson told the Council he has met with Mrs. Constance Savageau who is looking into establishing a community decency stand- ard regarding pornography. An informal meeting will be held Tuesday May 20, 1986 at the Circle Pines City Hall at 7:00 P.M. Mrs. Savageau has given Mayor Benson materials to be given to the Council and Chief Campbell. Mr. Hawkins asked the Council to pass a resolution directing him to petition RCWD for_rapair of Ditch #22 and #10 and to pay for the repair from their funds. Mr. Bisel moved to adopt Resolution #10 -86 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unani- mously. Mr. Toddie told the Council that RCWD has asked for his engineering data and he has supplied it to them. Mr. Bisel asked "How do you stop governmental agencies ?" Mr. Hawkins said that RCWD was mild compared to Coon Creek Watershed District. This is why Senator Dahl has prepared legislation affect- ing all of Anoka County. Mr. Reinert said the City Coundil should ask Senator Dahl to prepare legislation abolishing RCWD. Mr. Marier moved to adjourn at 9:20 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered and `Marilyn oved 86. . Anderson, City Clerk B -nja in en on, Mayor