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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. 1 �> L1 Ne 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_ . 1 1 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 159 163 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 1 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 1 1 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. 1 1 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 • 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, 1 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. 1 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. 167 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 1 1