HomeMy WebLinkAbout08/11/1986 Council Minutes157
COUNCIL MEETING
August 11, 1986
The regular meeting of the Lino Lakes City Council was called to order
at 7:04 P.M., August 11, 1986 by Mayor Benson. Members present:
Marier, Bisel, Bohjanen, Reinert. Members absent: None. City Attorney,'
Bill Hawkins; Engineer, Ron Stallberg; Building Inspector, Pete Kluegel:
Public Works Director, Don Volk; Administrator, Randy Schumacher and
Clerk - Treasurer, Marilyn Anderson were also present.
CONSIDERATION AND APROVAL OF MINIJTES - JULY 28, 1986
Mr. Marier moved to approve the minutes as presented. Mr. Bohjanen
seconded the motion. Motion carried with Mr. Bisel abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
July 31, 1986 - Mr. Bohjanen moved to approve these disbursements
as presented. Mr. Reinert seconded the motion. Motion carried unani-
mously.
August 11, 1986 - Mr. Marier moved to approve these disbursements
as presented. Mr. Bisel seconded the mc'ion. Motion carried unani-
mously.
OPEN MIKE
Dave Hanson, 7834 Knoll Drive - Mr. Hanson appeared to inform the
Council of some building code violations that had'occurred when his
Ihouse was built earlier this year. Mr. Hanson was concerned about
the septic system installed by Perry Excavating. The drainfield was
located within forty feet of the well which is illegal and m ay cause
.a health hazard. He has tried to work with the installer but the
installer will not pay for a lift station that will be required or
restoration of the lawn.
IJudith Seekon, 899 Main Street - Mrs. Seekon was concerned because
she had heard the City Council was considerating placing restrictions
on what videos local video stores may rent. She wanted to express
Mr. Kluegel told the Council that Perry Excavating is willing to
install a whole new system however there is not an agreement on the
other costs.
Mr. Hanson questioned whether or not the City could fine the contractor
for violating city codes or possibly pull his contractor's license.
Mr. Hawkins said that the City does provide inspections but does not
incur any liability because of issuing a permit. He explained Mr.
Kluegel can determine if the City Code has been violated and even
pursue the matter of collecting the penalty and revoking the contrac-
tor's license. The City does keep the penalty in this case. He further
explained Mr. Hanson could pursue his claim against the contractor
through civil court.
Mr. Schumacher will follow up on this matter through Mr. Kluegel deter-
mining if City Code has been violated and determining appropriate
action and inform Mr. Hanson what has been determined.
153
COUNCIL MEETING
August 11, 1986
Page Two
that she does not want the City Council to infringe on her right to
view whatever material she pleases. Mayor Benson explained that Chief
Campbell is working with the concerned citizens group who initiated
the request to investigate the City Ordinance regarding pornography.
Chief Campbell has not reported back to the Council, but the Council
will keep all the Lino Lakes citizens concerns in mind when making
any decisions on this matter. Mrs. Seekon wanted the Council to know
that there are Lino Lakes citizens who are against what the concerned
citizens are trying to accomplish.
RESOLUTION #09-86. ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR
IMPROVEMENT OF SUNSET ROAD AND INSTALLATION OF UTILITIES
Mr. Wiegert, Blaine City Engineer explained the project remains the
same as presented at the May 12, 1986 Council meeting except the cost
for the northerly most six lots on Sunset Road. These lots are north
of the Blaine project and off of the main traveled Sunset Road. The
cost for sewer and water installation for these six lots will be $7,500
per lot if the utilities are installed in the boulevard or $10,000
per lot if the utilities are installed in the street. He also explained
that because there will be a shortfall in this project, those six
lots costs will be required upon installation. This would mean that
Lino Lakes would probably have to bond for their costs and then assess
the costs back to the property owners starting in 1987.
Mr. Matti, owner of two of these lots expressed his concern that the
Lino Lakes City Council should be helping these citizens in this matter.
Mayor Benson told him this was not a Lino Lakes City project and was
a Blaine City project and therefore Lino Lakes did not have any control
over the costs.
Mr. Wiegert further explained that if the owners of the last six lots
decided not to be included in the project at this time a stub will
be constructed so that the utilities can be extended at a later date.
He also advised the Council to obtain a waiver of assessment appeal
from these six lot owners because the assessment may exceed the benefit.
Mr. Reinert moved to adopt Resolution #09 -86 and add to this resolution
language deferring the decision regarding the most northerly six lots
until the next Council meeting. Mr. Marier seconded the motion.
Motion carried unanimously. The Clerk was instructed to inform the
six lot owners by letter of this decision. The Clerk read the resolu-
tion.
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Resolution No. U_ - Sr
COUNCIL MEFT ' NG
August 11, 18C
Page Three
I00N ORDERING IMPROVEMENT AND PREPARATION OF PLA} S FOE
MPROVERTT ON SUNSET ROAD
1WHEREAS, A resolution of the City Council adopted on the t: r
.
day of May. 198E fixed a date for a Council hearing or.
The fo' ov.;no described im�rcver-,ert
m.oro erie.r . Or S nset YOa ire.Tvee '�z !':Jac ant
i '
ant.erstate 35V b - reserving the final decision
reoardinr the northerly most s_,: (C. lots until
_ i:_us t 2:;, 1986. This 1r'iprovemer.: :r10Thi _c in-
stailataon Or municipal water, sanitary sewer.
curbs, gutters, driveway aprons and store. sewer.
AND WHEREAS, Published and mailed notices of the hearing as
required by the Lino Lakes City Charter was giver
and a hearing was held thereon on the 9th day- of
June. 1986 at which all persons desirinc to be heard
were oiven an o0Dortuna tc be heard thereon.
AND WHEREAS, A ner_oc of s_3;1-- (C says has elapses a fter the
nub___ near___ ant nc Pet :dons have beer _sic..
aoa:ns : t__;. _r:r'oveT,_n: as ro;-_ oe:
:7'..1,4 - _ _ _ _ _ C c _ r r __ : rl u 4 _
:..Gr.E_ .
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NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TRT: CITT
OF LINO LAKES,
Such improvement is hereby orderer as proposed
ir. the Council resolution adopted the 12th day
of
May, 198E.
Robert ti' sere Eialne C:T; 1_,r :ne °_r as Derek'
Qes {Tate ac nc enzineer -107 c _ ec _ . he
shall flans and sn ' - �a :: Jr.s _ Cr making
such improvement.
Manor Benjamin G. Benson and Clerk-Treasurer
Marilyn G. Anderson, be authorized to enter
into a joint powers agreement with the City of
Blaine for installation of the above described
improvements.
Adopted this eleventh day of
198E.
" — M
Marilyn G .. Anaerscn . Clem: - Treasurer
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163
COUNCIL MEETING
August 11, 1986
Page Four
PLANNING AND ZONING REPORT - PETE KLUEGEL
A. Conditional Use Permit - Advertising Sign, Lance Olson - The
Council had considered Mr. Olson's request for a conditional
use permit for an advertising sign to be located on the Glenn
Rehbein property on 35W near Lake Drive at the July 28, 1986
Council meeting. The Council was concerned that if this sign
was posted there would be no room to post an advertising sign
for a Lino Lakes business. Mr. Kluegel has received a copy of
the lease between Mr. Olson and Mr. Rehbein and this lease has
a clause that Mr. Rehbein can cancel the lease with a one - hundred
twenty day notice to Mr. Olson.
Mr. Bohjanen moved to approve the conditional use permit for
an advertising sign and to meet the specification that the sign
must be removed after a one hundred twenty day notice from Mr.
Rehbein and subject to the recommendations of the City Planner
and Building Official. Mr. Bisel seconded the motion. Motion
carried with Mr. Marier voting no.
B. Clarification Concerning the Mike Holmes Trailer Parking Issue
- At the June 23, 1986 Council meeting the Council asked Mr.
Schumacher and Mr. Kluegel to bring a recommendation regarding
the parking of a tractor trailer on Mr. Holmes lot on Country
Lane. Mr. Kluegel has written a memorandum indicating that the
trailer is being used for storage and it does not meet City. Code
regarding accessory buildings. He indicated that he felt it
was not the intent of the Accessory Building Code to keep such
a structure on residental property.
Mr. Holmes said that presently the trailer is not being used
for storage and his brother is planning to purchase some property
where the trailer can be used for seasonal living quarters.
However, he would, if allowed put the trailer on a foundation and
make it a storage building.
After further discussion, Mr. Marier moved to direct the Building
Inspector to carry out his duties and enforce the City Code as
it is intended with respect to tractor trailers. Mr. Reinert
seconded the motion. Motin carried unanimously.
CONSIDERATION OF NORTH CENTRAL PUBLIC SERVICE APPLICATION FOR GAS
EXTENSION INTO RICE LAKE ESTATES
Mr. Schumacher has received an application from Circle Pines Gas Utility
to extend gas service into the Rice Lake Estates subdivision. An
application had been received from North Central several weeks ago.
The Lino Lakes gas franchise negotiating committee has taken action
to award the service area to Circle Pines based on the economics that
would be afforded to the developer and Lino Lakes and since both utilit_
will provide service to the subdivision at no charge to the developer.
161
COUNCIL MEETING
August 11, 1986
Page Five
ICircle Pines is looking for an agreement from Lino Lakes that if for
some reason the development goes into default that Lino Lakes will
reimburse Circle Pines for any out of pocket expenses that they incur.
It was determined that the letter of credit or developers contract
would not cover the installation of the gas service.
There was discussion regarding the agreement with Circle Pines and
it was determined that if Lino Lakes did have to reimburse Circle
Pines the system would belong to Lino Lakes because of the franchise
agreement.
Mr. Reinert asked if the negotiating committee had resolved the questions
that had previously been raised about the operation of the Circle
Pines gas system and its allocation of costs to the Lino Lakes portion
of the system. Mr. Marier said all but two issues have been resolved
and he expected the remaining issues to be resolved before the agreement
on a new franchies. Mr. Bohjanen expressed concern because nothing
was on paper for the Council to consider in making their decision
as to which gas utility to designate for the Rice Lake Estates area.
Mr. Bisel said he would feel better about a decision if the franchise
agreement were already in place.
Mr. Marier moved to authorize the Circle Pines Gas Utility to start
servicing the Rice Lake Estates area and have the Circle Pines City
Attorney draw up an agreement as to Lino Lakes responsibility as to
Icovering costs and Lino Lakes interests into the future. There was
no second to the motion.
Mr. Reinert stated that the Council kn nvs what North Central would
and could do and noted that Circle Pines had not acted in real good
faith in the past so that there was not a high level of trust.
Mr. Marier felt that the negotiating committee has kept the Council
informed on their progress, felt that the City should not give money
to a utility that will not give anything back and there has never
been a complaint or a service problem with Circle Pines Gas Utility
as there has been with North Central. Mr. Reinert noted there has
been a lot of time spent in negotiations and felt they were doing
a fine job.
Mr. Schumacher told the Council that if this City enters into an agree-
ment with Circle Pines Gas Utility and the Rice Lake project defaults
the worst possible case would be that Lino Lakes would purchase the
system.
Mr. Bisel said that since this Council approved allowing Circle Pines
Gas Utility to install gas lines in the Rice Lakes Estates area and
since they were under the impression that they had these customers,
Ihe would move to accept Circle Pines application and draft a letter
of compliance. Mr. Marier seconded the motion.
Mr. Gearman, developer of Rice Lakes Estates asked for a written state-
ment that he would not be responsible for a $49,000 installation fee.
162
COUNCIL MEETING
August 11, 1986
Page Six
He also noted that the rates North Central charges their customers
is less than Circle Pines charges. Mr. Schumacher explained Circle
Pines had recently lowered their rates.
Voting on the motion, motion carried with Mr. Bohjanen voting no.
ENGINEER'S REPORT - RON STALLBERG
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A. West Shadow Lake Drive, Resolution #19 -86 Ordering Preparation
of Report - Mr. Stallberg explained his survey crew has been
in this area to re- establish the original alignment and he will
draft an alignment for the road that will meet all the criteria
of the Council, pick the best curvature, meet the state aid standards
and stay on the existing fill that is there as close as possible.
Mr. Reinert moved to adopt Resolution #19 -86. Mr. Bohjanen
seconded the motion. Mrs. Anderson read the Resolution. Motion
carried unanimously.
CITY OF LINO LAKES
RESOLUTION #19 -86
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF WEST
SHADOW LAKE DIRVE (7th AVENUE)
WHEREAS, It is proposed to improve West Shadow Lake Drive
(7th Avenue) starting 685 feet north of Birch Street
(County #10) and continuing north a distance of 3,800
feet and to assess the benefited property for all
or a portion of the cost of the improvement, pursuant
to Minnesota Statutes, Chapter 429,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
That the proposed improvement be referred to the
City Engineer for study and that he is instructed
to report to the Council with all convenient speed
advising the Council in a preliminary way as to
whether it should best be made as proposed or in
connection with some other improvement, and the
estimated cost of the improvement as recommended.
Adopted by the Council this ` day of Aagu8t, 1986.
Marilyn" G. Anderson, City Clerk
enj ami
. Benson, Mayor
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COUNCIL MEETING
August 11, 1986
Page Seven
I B. County Highway Department Plans for Upgrading Main Street -
Mr. Stallberg explained the County has completed plans and speci-
fications for improving Main Street from Sunset Road to 35E
and to request approval of a resolution approving the plans.
These plans are basically the same as the plans presented to
the Council earlier this year and the County is in the process
of acquiring additional right -of -way for construction.
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Mr. Schumacher explained his concern for safety regarding the
intersection of Lake Drive and Main Street and especially concern-
ing the retaining wall that is proposed near Ross' Bottle Shop.
He asked that the Council table a decision on these plans until
he has the opportunity to explore a tax increment financing plan
so that the bottle shop can relocate thereby allowing room to
design a safer intersection.
Mr. Volk told the Council he would like the County to fill in
the existing ditch and install curb and gutter for street drainage
in front of City Hall.
Mr..Bohjanen moved to have the staff send a letter to the County
supporting the City issues. Mr. Bisel seconded the motion.
Motion carried with Mr. Marier abstaining.
Mayor Benson asked that there be some input from Mr. Ross regard-
ing his position on changing the intersection before a decision
is made on this matter.
Mr. Bohjanen moved to direct that Resolution #26 -86 be prepared
by the City Engineer regarding the reconstruction of Main Street
by Anoka County. Mr. Reinert seconded the motion. Motion carried
unanimously.
C. 80th Street Bridge Update - Mr. Stallberg has prepared a letter
which outlines what has been done, where the project is currently
at and what the recommendation is and outlining a timetable for
completing the project and asking for authority to prepare the
final plans and specifications and obtain the soils work.
The resolution requested by Mr. Stallberg will be drafted for
action at the next Council meeting.
D. Set Assessment Hearing - 4th Avenue, September 22, 1986 at 7:30
P.M., Resolution #23 -86 - Mr. Marier moved to set the assessment
hearing. Mr. Bohjanen seconded the motion. Motion carried unani-
mously.
163
164
COUNCIL MEETING
August 11, 1986
Page Eight
CITY OF LINO LAKES
Resolution # 23 - 86
RESOLUTION FOR A HEARING ON PROPOSED ASSESSMENT FOR THE 4TH AVENUE
MSA STATE AID PROJECT
WHEREAS: the City Clerk was directed to prepare a proposed assess-
ment for the improvement of 4th Avenue between Main Street
and Lilac Street to include the installation of storm
sewers, cleaning County Ditch F22 and upgrading the
street to MSA State Aid standards, and
WHEREAS: the proposed assessment has been completed and filed in
the office of the Clerk for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNSOTA:
1. A hearing shall be held on the 22nd day of September.
1986, in the City Hall, 1189 Main Street at 7:30 P.M.
to pass upon such proposed assessment and at such
time and place all persons owning property affected
by such improvement will be given an opportunity
to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice
of hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
pricer to the hearing, and she shall state in the not-
ice the total cost of the improvement. She shall
also cause mailed notice to be given to the owner
of each parcel described in the assessment roll not
less than two (2) weeks prior to the hearing.
Adopted by the City Council this is,.. day of August,
1986.
;.
Marilyn, G. Anderson, City Clerk
16,
COUNCIL MEETING
August 11, 1986
Page Nine
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I E. Set Assessment Hearing - Blaine, Sunset Road Improvement,
September 22, 1986, 7:45 P.M., Resolution #24 -86 - Mr. Marier
moved to.set the public hearing. Mr. Bisel seconded the motion.
Motion carried unanimously.
CITY OF LINO LAKES
Resolution #24 - 86
RESOLUTION FOR A HEARING ON PROPOSED ASSESSMENT FOR SUNSET AVENUE
WHEREAS: the City Clerk was directed to prepare a proposed assess-
ment of the improvement of Sunset Road to include install-
ation of municipal water, sanitary sewer, storm sewers
and improvement of the street, and
I WHEREAS: the proposed assessment has been completed and filed in
the office of the Clerk for public inspection,
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on the 22nd day of September,
1986 in the City Hall, 1189 Main Street at 7:45 P.M.
to pass upon such proposed assessment and at such
time and place all persons owning property affected
by such improvement will be given an opportunity to
be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice
of the bearing on the proposed assessment to be pub-
lished once in the official newspaper at least two
(2) weeks prior to the hearing, and she shall state
in the notice the total cost of the improvement.
She shall also cause mailed notice to be given to
the owner of each parcel described in the assessment
roll not less than two (2) weeks prior to the hearing.
Adopted by the City Council this l�- day of August, 1986.
Marilyn•G. Anderson, City Clerk
.A.%
`1111.15 amin ensoy , Mayor
166..
COUNCIL MEETING
August 11, 1986
Page Ten
F. Set Assessment Hearing - North Road Improvements, September 22,
1986, 8:00 P.M., Resolution #25 -86 - Mr. Bisel moved to set the
public hearing. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
CITY OF LINO LAKES
Resolution #25 - 86
A RESOLUTION FOR A HEARING ON PROPOSED ASSESSMENT FOR NORTH ROAD
WHEREAS: the City Clerk was directed to prepare a proposed ass-
essment of the improvement of North Road from Sunset
Road to Lake Drive to include sanitary sewer, curb and
gutter and improvement of the road, and
WHEREAS: the proposed assessment has been completed and filed in
the office of the Clerk for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be _held on the 22nd day of September.
1986 in the City Hall, 1189 Main Street at 8:00 P.M.
to pass upon such proposed assessment and at such
time and place all persons owning property affected
by such improvement will be given an opportunity
to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be pub-
lished once in the official newspaper at least two
(2) weeks prior to the hearing, and she shall state
in the notice the total cost of the improvement.
She shall also cause mailed notice to be given to
the owner of each parcel described in the assessment
roll not less than two (2) weeks prior to the hear-
ing.
Adopted by the Council this day of August, 1986.
Marilyn G. Anderson, City Clerk
it ±_
.Benjam Be' on, Mayor
COUNCIL MEETING
August 11, 1986
Page Eleven
IIMr. Stallberg asked what the assessment policy would be concerning
4th Avenue since this is the first state aid road to be constructed
in Lino Lakes. Does the Council wish to assess a portion of the street
construction as well as the cleaning out of the ditch.
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Mr. Marier said that all eligible MSA funds, County funds and Rice
Creek Watershed funds will be used and then the balance assessed.
Mr. Reinert said then each new assessment area will be considered
on an individual basis. Mr. Stallberg commented that as a practical
matter each time a new assessment comes up you refer back to how the
assessment was handled the last time. So what the Council is doing
now is probably going to establish a precedent that will carry on
to each new project.
ATTORNEY'S REPORT - BILL HAWKINS
A. Application for Beer Permit - Circle Lex Lions Club - Sandburr
Days - Mr. Marier moved to approve this request. Mr. Bisel
seconded the motion. Motion carried unanimously.
PARK BOARD REPORT - DON VOLK
A. Jim Arntzen - Ice Arena Proposal - Mr. Arntzen explained to
the Council that a non - profit organization named the Centennial
Area Civic Committee has been formed and is in the process of
looking for some property to be donated for an ice arena site
or for the use of some City property for the site. The Park
Board has approved the concept for the ice arena and has asked
that a two and one -half acre site be made available for this
project.
Mr. Arntzen explained why a hocky rink is being proposed for
Lino Lakes and said there was great interest in this facility.
However, before this organization can approach the private sector
for funding, a site m ust be selected. His organization is also
preparing grant applications.
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Mayor Benson asked what liability could be incurred if the arena
is built and cannot function. Mr. Hawkins said if the City owns
the property, there is no liability. If a leasement agreement
is prepared, the City should insist on insurance and /or guarantees.
The building would become City property if the organization defaults.
Mayor Benson asked that this matter be referred back to the Park
Board for recommendations on a site. This will be brought back
to the Council for action in September.
168
COUNCIL MEETING
August 11, 1986
Page Twelve
CONSIDERATION AND APPROVAL OF 1986 PRIMARY AND GENERAL ELECTION JUDGES
Mrs. Anderson presented a list of twenty eight (28) residents to act
as judges in the primary and general election. Mr. Marier asked why
there were sixteen judges at precinct two and only twelve at precinct
one. Mrs. Anderson explained that not all judges can work a full
day. Therefore, the hours have been divided.
Mr. Bohjanen moved to approve the slate of election judges. Mr. Bisel
seconded the motion. Motion carried unanimously.
OLD BUSINESS
There was no old business.
NEW BUSINESS
A. Set Joint Meeting with Task Force, Planning and Zoning Board
and City Council to summarize the Comprehensive Land Use Plan
Amendments, August 27, 1986, 7:00 P.M. - There were questions
as to why the Task Force had not completed the update of the
Comprehensive Land Use Plan. Mr. Schumacher explained additional
work has been done on this project and there is more detail.
He further explained that the extra detail, extra meetings and
research, drafting of maps, and soils information have driven
up the costs. It was noted that the Council may not have given
the Task Force good directions and they have found their own
role.
Mr. Marier moved to adjourn at 9 :32 P.M. Mr. Bohjanen seconded the
motion. Aye.
These minutes were considered and approved at a regular meeting of the
City Council on August 25, 1986.
Marilyn Anderson, Clerk- Treasurer
njamin :enson, Mayor
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