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HomeMy WebLinkAbout01/12/1987 Council Minutes (2)1 1 1 COUNCIL MEETING January 12, 1987 The regular meeting of the Lino Lakes City Council was called to order at 7:17 PM by Mayor Benson. Council members present: Marier, Bisel, Bohjanen and Reinert. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building Inspector, Pete Kluegel; Public Works Director, Don Volk; Administrator, Randy Schumacher, and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Budget Meeting - December 22, 1986 - Mr. Marier moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Regular Council Meeting - December 22, 1986 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERAT1GA AND APPROVAL OF DISBURSEMENTS December 31, 1986 - Mr. Marier questioned the payment to Apitz Garage for draining and cleaning gas tanks. Mr. Volk explained this was to clean gas tanks on two squad cars. Apparently the gas supply ran so low that it pumped sludge into the gas tanks. Mr. Marier questioned the payment to Havco for a rotary adaptor. Mr. Volk explained this expense was actually for parts for the new shop hoist. All departments were billed part of this cost. Mr. Marier moved to approve the Disbursements for December 31, 1986, as presented. Mr. Bisel seconded the motion. Motion carried unanimously. January 12, 1987 - Mr. Bohjanen moved to approve these disburse- ments as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Mr. Rockey Goertz from the audience said he presently owns storage units on Lilac Street. These units are of a pole -type structure. There is now a moratorium on pole -type construction and he asked if he would be allowed to build additional pole -type storage units that will look like what he has there now. Mayor Benson said the Planning and Zoning Board and the Council are currently reviewing the building standards and Mr. Goertz will have to wait until February before the Planning and Zoning Board makes it's final decision. 086 COUNCIL MEETING January 12, 1987 Page Two CONSIDERATION OF QUOTES FOR PURCHASE OF NEW COPY MACHINE - DAN TESCH Mr. Tesch has prepared an analysis of the copy machines he has researched for possible purchase by this City. The current ce Xerox machine is over five years old and is are esignedotocprodu000 1500 to 2000 copies per month. Currently, we to 8000 copies per month and the increase in the cost of the maintenance contract has made it imperative that the City con- siders purchasing an updated machine with features such as two - sided copying, automatic document feeder and a sorter /collator. The four copy machines researched are: Xerox, Cannon, Mita and Sharp. It is his recommendation that the City purchase the Cannon copier. The cost fits within the budget, has the best maintenance agreement and has the ability to add other features. Mr. Reinert asked if leasing a machine was considered. Mr. Schumacher explained it was considered, but it is more expensive than purchasing. Mr. Bisel moved to approve the purchase of the Cannon copy machine with the automatic features. Mr. Bohjanen seconded the motion. Motion carried unanimously. PRESENTATION BY GAS FRANCHISE CONSULTANT, NORM DIETRICH CONCERN- ING OPERATION OF GAS f Mr. Dietrich explained he was asked to look ito hidde ofno Lino Lakes starting its own gas company by purchasing I t was hes Lakes portion of the Circle Pines gas company. company opinion that with the current 184 customers, gas co co per year would operate in the red, initially possibly 811,000.00 gas until the number of customers reached 300 to 350. However, norllt he pointiwhere the lgas rcompany ecould perateein customers theblack. reaached ed the point Benson asked what problems would this City encounter. Mr. Dietrich said most important would be the cash flow problem. Also the City would have to hire a person who is very familiar with the operation of a gas system. This person would have to do everything except construction until the system became profitable. Mayor Benson asked if Lino Lakes agrees to contract face? Pines for the next five years, what would this City Mr. Dietrich said he was pleased that there was a clause in the •chise that allowed Lino Lakes to purchase the system. How- ever, it will be much more costly since it can no longer be purchased at the depreciated value. Mayor Benson asked Mr. Dietrich if Lino Lakes should odego intouthec gas business. Mr. Dietrich said he was a big proponent utilities, however, Lino Lakes would be competing with North Central and it would require considerable more growth in the system. 1 1 1 1 COUNCIL MEETING January 12, 1987 Page Three Mayor Benson asked about cash flow. Mr. Hawkins explained the City could bond for acquisition and start up of the system. Mr. Marier explained this would be expensive because a border house would csfo athetpubrchasesofuatsttated amountaofs would gas regardless of contract whether or not it was used. Mr. Bisel asked what condition the present system is in. Mr. Dietrich said that would be hard to determine and the lines are twenty five years old. Mayor Benson thanked Mr. Dietrich for appearing before the Council. Mr. Schumacher noted that the Circle Pines Council will meet tomorrow night and will review the proposed franchise. CONSIDERATION OF ANIMAL CONTROL CONTRACT PROPOSALS FOR 1987 Mr. Schumacher explained two proposals have been received; one from Lake Animal Care, Inc. and one from Knollton Kennels. The basic difference between the two proposals is that Lake Animal Care will provide the service for $369.00 per month and Knollton Kennels costs are on a fee for service rendered basis. Mr. Marier moved to table this item until staff has checked with other cities serviced by Knollton Kennels. Mr. Reinert seconded the motion. Motion carried unanimously. PUBLIC HEARING - DEER PASS TRAIL IMPROVEMENT Mayor Benson opened the public hearing at 8:06 P.M. Mr. Stahlberg gave the history of the construction of Deer Pass Trail. He noted if the streets were upgraded to the required specifications, an additional two inches of blacktop would be required and the entire surface would be widened an additional two feet. Mr. Wayne Ellison asked why would Deer Pass Trail be upgraded when Rolling Hills Drive needs it so much more. There is just a limited amount of traffic on Deer Pass Trail and there will never be a whole lot more. Mrs. Labuda asked Mr. Stahlberg if he had looked at the Road. He said yes. Mrs. Labuda explained that Deer Pass Trail is in better condition than Reiling Road which was constructed two years ago. Mr. Ray Mattson said he feels as Mrs. Labuda and Mrs. Ellison do. Deer Pass Trail is a super highway and Rolling Hills Drive is a trail in comparison. He asked if the project is inevitable? If 087 COUNCIL MEETING January 12, 1987 Page Four this is the case, lets get on with it. He explained this matter was brought up when he built in 1977 and the cost then would be $10,000.00. Now the cost would be $17,000.00. Mr. Charles Prokop explained he had brought this situation to the attention of the Council. He felt that if the Comprehensive Plan is amended there could be additional building in this area. He wishes to protect his original investment in Deer Pass Trail. He presented a proposal to the Council. This proposal would complete Deer Pass Trail in 1990. Mr. Labuda said he does not see why the road should be improved at all. He said he owns the majority of the lots and does not plan to sell them. Mr. Volk explained Deer Pass Trail has been added to the seal coat program. He does not see a major problem with this street so long as it stays in the seal coat program. Mr. Reinert asked to determine if the agreement the past Council made with Mr. Prokop is binding on this Council regarding assess- ments. Mr. Hedberg asked if the current owners of the lots could reimburse Mr. Prokop and leave the street as it is. Mr. Hawkins said this was feasible. Mr. Reinert said the street could be improved and assessed and Mr. Labuda could recoup his costs by selling the lots. Mr. Labuda said he does not plan to sell these lots but some day give them to his children. Mrs. Labuda asked the Council to delay a decision on this matter until the neighbors can get together with Mr. Prokop and review his proposal. Mr. Marier moved to close the public hearing at 8:42 P.M. and to have the owners of this property on Deer Pass Trail to get together with Mr. Prokop and submit their recommendation in writing to the Council and have the City Administrator and Attorney involved if an agreement is reached. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - EJM PIPE SERVICES - EXTERIOR STORAGE SCREENING Mayor Benson opened the public hearing at 8:43 P.M. Mr. Kluegel ex- plained that the Planning and Zoning Board had reviewed this request for a Conditional Use Permit to store steel pipe at 7807 Lake Drive. Mr. Montgomery of EJM Services explained this pipe is used in his business. The City Planner had recommended that the fence around the storage area include redwood slats for additional screening. Mr. Kluegel felt that in time the slats would become unsightly. 1 1 COUNCIL MEETING January 12, 1987 Page Five The Planning and Zoning Board had recommended approval with several conditions. There was no one in the audience to speak on this matter. Mr. Marier moved to close the public hearing at 8:48 P.M. Mr. Bi- sel seconded the motion. Motion carried unanimously. Mayor Benson asked Mr. Kluegel how he felt about this request. Mr. Kluegel explained that he is working with Mr. Montgomery to get the area screened according to code. Mr. Montgomery will be requesting a permit in the future for an office addition and blacktop parking. Mr. Reinert moved to approve the Conditional use Permit for EJM Services subject to the stipulations outlined by the Planning and Zoning Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY PLAT AND REZONE - GARY UHDE, SOUTH RESHANAU SHORES - FIRST READING, ORDINANCE NUMBER 01 -87 Mayor Benson opened the public hearing at 8:53 P.M. He asked that all persons speaking to this issue give their name and address and not address a subject already covered. Mr. Kluegel explained this request involves an eighty acre parcel located on the south side of Birch Street, west of the radio tower and running south to meet the north boundary of the Colonial Woods Plat. The Planning and Zoning Board has recommended approval sub- ject to the approval of the amended Comprehensive Land Use Plan by the Metropolitan Council. The plat is to be completed in two pha- ses. The first phase will have ninety -nine home sites. Permits will be required from the Department of Natural Resources, Anoka County, CORP'S, U.S. Fish and Wild Life, Rice Creek Watershed District (RCWD) and has also been reviewed by the Park Board. Mr. Will Neumeister, Planner for Mr. Uhde explained this is planned to be a three year project and will consist of upper bracket priced homes. Mr. Stahlberg using the overhead projector explained the location of the ponds, the piping between the ponds and the direc- tion of the storm water flow to the ditch that runs north under Birch Street to Reshanau Lake. Ron Conway - 6280 Red Maple Lane commented that the preliminary plat does not show easements. Mr. Stahlberg said there will be recorded easements on the final plat. Mr. Stahlberg also noted that this plat will not change the pattern of waterflow in the area. John Benson - 6347 Red Maple Lane presented a letter to the Council outlining contingencies that the concerned citizens residing in Co- lonial Woods have outlined. Mr. Benson read the contigencies. It is his concern that some of the storm water from Phase II would flow 088 COUNCIL MEETING January 12, 1987 Page Six south from that plat into Colonial Woods. Another concern is for the condition of the street, Red Maple Lane and the density of traffic. A third concern is the access from the new plat to Red Maple Lane, Fox Road. The residents do not want the traffic and wondered if construction equipment will be using Red Maple Lane. Mr. Newmeister said the construction people will use Birch Street. Mr. Benson asked the Council to examine the plat with Phase II in mind to insure the ponding areas and parks do not conflict with future development in Phase II and with Colonial Woods. The resi- dents of Colonial Woods also want a buffer zone for public safety, road use, water flow and home values. He added that the Council could require a bond from the developer in the event there is any harm done by the developer as well as restrictive covenants so that the builder could not build lower value homes. It is the primary concern of the concerned citizens that the development is done in an orderly fashion in particular as it relates to Phase II. Mr. Stahlberg said the southern part of the proposed plat is the highest point of the plat and the natural drainage is to the north. Mr. Benson said he is just asking the Council to approve the plat according to the outlined contigencies, he wants the citizens to be protected. Mr. Stahlberg noted that the access to Red Maple Lane is already on the Colonial Woods plat and the aerial map on the wall shows that the development will be around the low areas. There will be more ponding surface than what is currently there. He also noted that the one of the problems last spring with the holding pond in the Colonial Woods plat is that it did not have an outlet. There- fore it overflowed into the adjoining yards. Miles Pojar - 6255 Red Maple Lane noted he had damage last spring from flooding. The proposed new development will dam water and it will back up to his yard. He asked the Council to protect him. He noted the soils in his area are bad and asked that his area be ditched to the holding ponds. The soils are so bad they cannot drain away quickly. Mr. Uhde said a swale can be constructed. Mr. Pojar asked that this swale be constructed when Phase I is con- structed. Mr. Uhde said all water in the plat will be funneled toward Reshanau Lake. Mr. Pojar said now it is difficult to de- termine where water comes from. He asked that the Council pro- tect him. Mr. Pojar asked when Phase I is developed will the de- veloper provide water flow from the entire project. Mr. Newmeis- ter said yes, they will develop both horizontal and vertical water flow. Mr. Stahlberg said that the same drainage pattern that is there now will be utilized and runoff cannot occur at a faster rate than what is occurring now. Bob Nelson - 6733 East Shadow Lake Road expressed concern for the type of runoff into Reshanau Lake and how long it will take for the ponds to lower. He asked if he measured the gallons in the ditch 1 1 1 1 COUNCIL MEETING January 12, 1987 Page Seven now, will it be the same after development? Mr. Stahlberg said yes, this is a requirement of RCWD. Mr. Nelson said the lake cannot take anymore damage from fertilizers and sewage. The lake area residents treat the lake for weeds at their own expense now. He asked, can you assure me that the runoff will be the same quality as it is now? Mr. Newmeister said RCWD will require controlled flow and the installation of a skimming de- vice and control of erosion and sediment. Mr. Nelson said his con- cerns regarding water quality in the lake would be alleviated if a water quality test were performed after the construction is com- pleted. He did not want additional development to add to the con- cerns of the residents already there. Glenn Bowen - 6873 Black Duck Drive asked what type of filtration system will be used on the wier? Mr. Newmeister said this informa- tion will be supplied later but will conform to the requirements of the RCWD. Mr. Bowen was concerned that runoff to the lake may con- tain soap, street oil etc. He wanted to be sure that the runoff is controlled so that the quality of the water entering the lake is at least as good as it is now. Gary Bailey - 6940 West Shadow Lake Drive was concerned because the runoff from this plat could increase the lake level. He said the Council could balance this by getting water out of the City. Mr. Stahlberg explained the runoff into the lake will stay the same as it is. now. It will be controlled so no peaks will be created. Mr. Bailey said he was concerned because the plat may route water north where normally it would flow south. Mr. Stahlberg explained that the southern portion of the plat is the highest point so the water normally flows north. He also noted the City is preparing to adopt a master storm water drainage plan that will address all of the storm water problems. 089 Ron Conway - asked if the Council was going to complete the storm water manage master plan before they adopted this plat. Ur. Stahl - berg explained there is much to do before the plan is prepared and will take some time. Mr. Conway asked how snow thaw would be con- trolled. Mr. Stahlberg explained that the snow would melt, run in the street to a catch basin which would be piped into a holding pond and then be handled the same as storm water. The catch basins must be kept thawed by the Public Works Department. Tom Drow - 6317 Red Maple Lane said his back yard never dries up and told the Council that the area needs to get rid of the existing standing water. He was concerned about what will happen to the drain- age in the northeast corner of Colonial Woods plat. Mr. Newmeister said a swale will be constructed to take the drainage northward. Mr. Drow said he wanted some sort of insurance plan because the best in- tentions do not always happen. COUNCIL MEETING January 12, 1987 Page Eight Mr. Volk addressed the breakup of Red Maple Lane. He noted there are soft spots on the southern portion. His department is trying to place another wear course over the existing blacktop to spread the weight. He may need to excavate some areas and bring in clean fill. Mr. Marier moved to continue the meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. The Council took a ten minute recess at 10:12 P.M. Mrs. Monica Slatten - 6823 Red Maple Lane referred to the pond on the southern portion of Mr. Uhde's plat and asked if he would be changing the natural area there. She noted that the area designated for park or plat area is now marsh. She asked if Mr. Uhde was going to excavate Phase II of his plat when he excavates Phase I. Mr. Newmeister explained that Phase I will be done completely and some in Phase II. Mr. Uhde explained there was many agencies he must get approvals from before he starts any excavation. Mrs. Slatten asked Mr. Uhde if he would consider increasing the size of his lots. Mr. Uhde explained it is a matter of costs. As it is platted now he will only get about two lots per acre because of the large amount of ponding that is required. Mr. Pojar commented to Mr. Uhde that as an amenity he decrease den - ssity in the southern part of the plat. Mary Leander - 6823 Red Maple Lane explained Mr. Uhde has platted four and one half lots abutting her property. She asked that he reduce the number of lots and asked if Fox Road is a necessity. Mr. Uhde explained that Fox Road is already platted in her addition and it would be a requirement of the City for him to plat the connecting street. Mary Kay Benson - 6347 Red Maple Lane said she did not want Fox Road coming into their circle drive. Mr. Volk explained he feels it is important that Fox Drive be completed for a second entry into the area for emergency vehicles. It would also provide the Red Maple Lane residents access to Mr. Uhde's park development and could be the route when utilities are extended into the area. Mr. Benson felt the road was not necessary for park access and the residents should be allowed to decide if the road was warranted. Steve Collova - 6323 Red Maple Lane asked if it would be better to build a road to the west parallel with 62nd Street. Mr. Volk ex- plained that 62nd Street has state aid designation and will probably be upgraded to state aid specifications. Mr. Benson commented that the condition of 62nd Street is going downhill. 1 1 1 1 1 1 090 COUNCIL MEETING January 12, 1987 Page Nine Ron Swenson- 6310 Red Maple Lane said he has checked with such state agencies as DNR, CORP and EPA and in each case a permit is required. At what point in time will a EAW be filed? Mr. New - meister said a EAW is not required because there will be less than ninety nine homes. Mr. Swenson said this is not the information he was given. Mr. Newmeister said all agencies have been contacted and Mr. Uhde is working through their requirements for permits. Mr. Swenson noted the sewer extension into Mr. Uhde's plat will need to get approval and the City is required by law to submit plans and specifications to PCA for their approval. Mr. Stahlberg explained that the City has laid out the sewer extension and permits will be obtained from PCA. Ed Loscheider - 6710 Partridge Place noted that the ponds north of him run into Reshanau Lake. If flow from the new plat also goes to Reshan Lake lontthe affect the be flooded before.ther Uhde water explained the e homes would flow back to the ponds. Mrs. Slatten asked Mr. Uhde he aoportioneofxPhaselII at one time. Mr. will be done at one time. Mr. Pojar asked if the City has any control of the water from out- side flowing into Lino Lakes. Mr. Stahlberg said no, the lakes in Lino Lakes are part of a chain that starts in Washington County. The pre last eing able le were south fast enough. L enough. lakes and no kes and not b The la lakes then equalized. Ron Leander - 6823 Red Maple Lane commented that the residents in the Red Maple Lane know that Mr. Uhde's development is going to happen. He asked how many projects are proposed and then changes made, can there be some give and take in this situation. Lets solve some of the water problems in this area. He said he realized that one acre lots are not feasible. He asked that a buffer be incorporated into Mr. Uhde's plan and leave the present road easement there for just a bike path. He felt utilities could be also placed in the easement. He did not feel there was a problem with emergency services, said was not a valid concern. He is concerned about sixty kids used to living in the country and not used to cars driving through. He asked for mitigation regarding Fox Road. Mayor Benson said the Coun- cil is just addressing Phase I at this time. When Phase II is plat- ted then these concerns will be addressed. A gentleman who lives on Black Duck Drive asked if the City has final approval of this plat and if the City will maintain control of the water runoff. Mr. Stahlberg explained that the City must conform to RCWD requirements and must control the rate of runoff and COUNCIL MEETING January 12, 1987 Page Ten require skimming devices. Whatever is done must meet RCWD approval. A gentleman commented that their requirements are not adequate. Mr. Stahlberg said Mr. Uhde must submit his plans to them for their ap- proval. The City does have authority to require more rigid standards than RCWD. Mr. Marier said the City would make sure the lake and property owners are protected. Mr. Swenson said the matter of an EAW has not been resolved. He felt an EAW was necessary and said the residents could petition for an EAW. Mr. Conway said he was not opposed to the development but wanted to see fewer homes. He asked that the park be placed at the southern edge of the plat to provide a buffer. He asked that Fox Road not be excavated but used as a bike path. Mayor Benson said the Council may not want to change the park location. It is in this location because the Park Board had requested it be located there so that when the lands to the west develop the park can be enlarged. Again he said the Council is just considering Phase I of the plat. Mrs. Slatten commented that the park location does also affect Phase II. Mayor Benson said he is not sure this Council would want a park on the southern boundary of Mr. Uhde's plat because it would not serve all the residents. Douglas Koppy - 6698 East Shadow Lake Drive noted that last spring there was talk of building a dam near West Shadow Lake Drive. He asked what has been done on this project? Mr. Stahlberg explained that he was directed to prepare a feasibility study regarding the road. The study was completed and a public hearing was held. The residents did not want the project and to date the Council has not made any further decisions on the matter. RCWD has studied the overall situation and will not allow any controls to be built on Reshanau Lake. A resident asked when Mr. Uhde plans to start. Mayor Benson said it will not be until after Metro Council has approved the Comprehensive Lane Use Plan update, this Council must pass a rezone and Mr. Uhde must get permits from all other agencies listed tonight. April would be the earliest. Mr. Leander questioned the park dedication; does Phase I have to contain 10% dedicated parks and Phase II 10% dedicated parks or can this Council look at the entire plat? Mayor Benson said the Park Board looked at the entire development and the surrounding area. He said the residents could address the Park Board about their park concerns. Mr. Leander said that their request could fall on deaf ears and we elected you (the Council) and we are asking that you take the step and ask them to look at other alternatives. Mayor Benson said the total Council will make this decision. 1 1 1 COUNCIL MEETING January 12, 1987 Page Eleven Mr. Bohjanen moved to close the public hearing at 11:00 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Stahlberg said regardless of whether or not this plat becomes a reality the residents in Colonial Woods have some drainage problems. Somewhere along the line the City is going to have to develop a water management plan for this area. Mayor Benson said this would be part of the City wide surface water management plan. Mr. Schumacher explained that any action taken by the Council on the rezone request or preliminary plat approval request must be contigent upon Metro Councils approval of the Comprehensive Plan amendments. Mr. Bisel moved to approve the rezone for Mr. Uhde as outlined in his application #86 -42 with the stipulation as stated in the letter signed kzy Mr. Uhde regarding the Compehensive Plan approval. Mr. Bohjanen seconded the motion. Mr. Marier asked if the lower pond will be piped from the southeast corner to the holding pond. Mr. Uhde said the southwest corner for sure and maybe the southeast corner. Voting on the motion, motion carried unanimously. Mr. Bisel moved to approve the preliminary plat as presented with the improvements as stated by the developer in the southeast and southwest corners to include the recommendations of the City Engi- neer regarding the construction of skimming devices and approval of an excavation.pernii._t for Phase II and the first reading of Ordinance #01 -87. Mr. Bohjanen seconded the motion. "Mr. Reinert objected to Phase I and Phase II being considered in one motion especially when it was already stated that .the Council would not deal with Phase II until Mr. Uhde requested preliminary plat approval for that phase. He felt this matter was being handled wrong ". Mr. Newmeister asked the Council if they would consider a request for an excavation permit on Phase II during construction of Phase I since some material will be needed from Phase II. Mrs. Slatten said we were just told that Phase II was not going to be discussed and now you are totally turning the situation around. Mr. Leander said he is going to excavate at two corners and some at the pond, if he starts doing other things how are we going to control this? Mayor Benson noted the citizens asked to have the corners exca- vated, not the developer. Mrs. Slatten said this is a question of honesty. Mr. Bisel commented that the people in the Colonial Woods area are concerned about surface water and the Council is taking a look at water management and getting a handle on your situation by requesting Mr. Uhde to do some further excavation. He said he wished this was done when Colonial Woods was platted. Voting on the motion, motion carried unanimously. 091 COUNCIL MEETING January 12, 1987 Page Twelve CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 01 - 87 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO SINGLE FAMILY RESIDENTIAL (R -1) I. The City Council of the City of Lino Lakes, Anoka County, Minn- esota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnes- ota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Expansion Residential (ER) and Rural (R) to. Single Family Residential (R1), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The Southeast (SE) quarter of the Southeast (SE) quarter, Section 29, Township 31, Range 22, and; The Northeast (NE) quarter of the Northeast (NE) quarter, Section 32, Township 31, Range 22. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 12 day of January , 1987. Mar lyni .'Anderson, Clerk- Treasurer 1 092 COUNCIL MEETING January 12, 1987 Page Thirteen PUBLIC HEARING - PRELIMINARYY PLAT AND REZONE 0287- D. ERICKSON 2ND ADDITION - FIRST READING ORDINANCE Mayor Benson opened the public heeariigtats11:22 P.M.paMr. Kluegel explained this request involves Black ng on the south side of Birch south ofd BirchuStreetendThe pre - liminary plat contains approximately Duck Drive Run to and Pheasant seventy -eight home sites. A rezone would be required to rezone from (ER) to Single Family Residential (R1). re- viewed the plat and has asked Mr. centersislanduforaeasiercmaintenl de -sac design that would allow ance. The City Planner and Engineer have reviewed the plat and their recommendations are being taken into consideration including lat. The provisions to not land lock alataandthaveemadettheirhrePommendations Park Board has reviewed the p regarding the park dedication. Mr. Stahlberg explained his concern fr accessat on the west and on the south. the lands on the west. Mr. Erickson nociowns theiland to the south and could revise his design if the Mr. Tom Veenker and Mr. Arnie eXirrregardingrtheeavail- the plat owner. Mr. Veenker expressed concern ability of sewer and water rvicecfor Mhis Stahlberg toxphelBlackeDuck proposing that the sewer s e lift station. However, there are not adequate water connections to service the entire plat. It was his recommendation that some temporarY water connections be allowed from the Black Duck Drive well until overhead facilities become overavailable. Mr. Stahlberg is concerned about the timing on the Henry iers - 904 Old Birch Street asked if the aoceed woad propertY y ad to the curbing. pr on the west of this plat OUlddbeedone. Mr. Stahlberg said this probably w g Mr. Miers expressed concern with in the woods. He recommended protect the children. the east and west boundary Mr. Stahlberg outlined the storm water drainage plan. were aware Mr. Reinert asked Veenker and they wa- ter could be pro learned about the prob- lem facilities. Mr. Ficicello said they lem about a week ago. Mayor Benson asked about looking into the 1 on a temporarY basis. Mr. Stahlberg said this was water if pp y was poss sible if positive stepdsifare thbslwouldtaken haveoapdetramenadditional capacity. Mayor Benson asked said, no. Mr. Volk ef- fect on the existing residents. Mr. Stahlberg COUNCIL MEETING January 12, 1987 Page Fourteen explained the present pump had been pulled and serviced two years ago and is in good condition. Mr. Miers asked what type of wier system will be used at the holding pond. Mr. Stahlberg said probably the same as used in the Uhde sub- division. Mayor Benson said the Council will probably direct the City Engineer to require the wier system to be much more rigid than present standards. Mr. Schumacher asked Mr. Stahlberg if he were satisfied with the soil borings and grading plan. Mr. Stahlberg said he has questions and needs a final grading plan but this will be resolved. Elwin LaMotte - 6497 - 12th Avenue explained he has a barbed wire hot fence on the eastern border of this plat. He suggested the developer should install chain link fence to protect the residents. Mr. Bisel moved to close the public hearing at 11:46 P.M. Mr. Boh- janen seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the application for a rezone #86 -43 con- tingent upon the Comprehensive Land Use Plan amendments being ap- proved by Metro Council and approve the first reading of Ordinance Number 02 -87. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 02 - 87 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES, BY REZONING CERTAIN REAL ESTATE TO SINGLE FAMILY RESIDENTIAL (R -1) I. The City Council of the City of Lino Lakes, Anoka County, Minn- esota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minne- sota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Expansion Residential (ER) to Single Family Resi- dential (R1), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: 1 1 1 1 COUNCIL MEETING January 12, 1987 Page Fifteen Part of the Northwest (NW) quarter of the Northeast (NE) quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota containing 36.7 Acres. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the Council this 12 day of January , 1987. (e Mari yn G. Anderson, Clerk- Treasurer 093 Mr. Marier moved to approve the preliminary plat contingent upon the engineers recommendations, contingent upon receipt of the final grading plans and design of the wier. Mr. Hawkins told the Council that they cannot require the developer to install a chain link fence unless they consider the situation to be a matter of urgent public safety. Mr. Reinert told the developer that just spreading manure will be a concern. This farmer will continue his operation. Mr. Dufrense from the audience felt it was the duty of the developer to explain this situation to potential buyers. Regarding the chain link fence, Mr. Miers said he would share the cost. Mr. Reinert said he was concerned about the hot fence. Mr. Ficocello said he wished he knew of this concern when he met with Mr. Miers previously. Mr. Schumacher said the old fence law could be enforced and that procedure followed. Costs then would be shared. Mr. Marier withdrew his motion. Mr. Bisel moved to accept the preliminary plat to include the street change on the western border and access to the south and the design of the wier is to be comparable to the Uhde plat and resolve the questions on soil borings and grading plan and boundary fencing to be addressed before the final plat by the parties involved and COUNCIL MEETING January 12, 1987 Page Sixteen contingent upon approval by Metro Council of the Comprehensive Plan update. Mr. Bohjanen seconded the motion. Motion carried unani- mously. PUBLIC HEARING - ORDINANCE NUMBER 17 -86, AMENDMENT TO ORDINANCE - #2, CENTRAL BUSINESS DISTRICT - FIRST READING Mr. Schumacher explained this Ordinance combines the three ordinances presented at the last Council Meeting. This Ordinance establishes the Central Business District and addresses parking areas near street right -of -ways and compact parking. Mr. Reinert asked why pass this ordinance just for the Ross' Liquor Site Corner situation? He felt a variance would take care of the matter. Mr. Schumacher said a variance would set a precidence and the Planning and Zoning Board said this situation did not meet the criteria outlined in the City Code. Mr. Bohjanen moved to approve the first reading of Ordinance #17 -86 and dispense with the reading. Mr. Marier seconded the motion. Mo- tion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance #17 -86 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING THE FOLLOWING "CB" CENTRAL BUSINESS DISTRICT CLASSIFICATION TO DISTRICT PROVISIONS, SECTION 6. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. AMENDMENT: Appendix B, Section 6, Subdivision 19, Add: "CB" Central Business District. (1) Purpose. This zoning classification is reserved to promote expansion and redevelopment projects for modern retail shopping facilities of integrated de- sign in central business locations. This will al- low potential developers greater freedom in site selection and flexibility in designs for commercial development. 1 1 094 COUNCIL MEETING January 12, 1987 Page Seventeen (2) District Lot and Yard Requirements. (A) Minimum district size: none (B) Minimum lot size: none (C) Minimum lot width: none (D) Setbacks: (i) Front: 30 feet (ii) Rear: 10 feet (iii) Side (interior lot line): 10 feet (iv) Side and rear (accessory building): 10 feet (v) Side and rear (parking lots): 5 feet (3) Height Regulations. No building in the CB district shall exceed a height of 45 feet. (4) Building Coverage. The area covered by any struc- ture or structures shall not exceed forty percent (40 %) of the total land area. (5) Green Area. minimum site b5 e percent open space, yard, and /or (6) Considerations for Rezoning. Any new structures in a Central Business District must be shown to fit jntoe an overall plan for the area and have an approved plan. Before any new area is itions must m�tl ness Districts, the following cond (A) Comprehensive Plan• comprehensive l. use must consistent with the • (B) Thoroughfare Access. The redevelopment will hc located adjacent othe thoroughfare ComprehensiverPlancollector street as shown on (C) Site and Building Plans. Submission of ay site plan showing structures, parking, landscaping, and screening in accordance with Section 5, Subd. 4. (7) COUNCIL MEETING januarY 12, 1987 Page Eighteen Permitted Uses. In the CB district, no building or land shall be used, and nob�erednunless shall otherwiseerected, converted or structurally a provided herein, except for one or more of the follow- ing uses. Also, all appropriate regulations and stan- dards in Section 5 Subd. 4 (Site and Building Plan Review) and Subd. 6 (Certificate of Occupancy) must be satisfied. (A) Retail shops 'and stores (B) Business and professional offices (C) Retail sales and services to include grocery, drugs, hardware, appliances, furniture, office supplies (D) Restaurants, cafes (E) Personal services, beauty and barber shop, clothes cleaning, dress maker, etc. (F) Small appliance repair (G) Liquor,-off -sale and on -sale (H) Financial institutions (I) Indoor amunsement and recreation centers (8) Conditional Uses. The uses pursuant to Conditional Use Permit granted by the City Council on applicat- ion and hearing as provided in Section 5, Subd. 5, and all appropriate regulations and standards in Section 5, Subd. 4 (Site and Building Plan Review) and in Subd. 6 (Certificate of Occupancy) must be satisfied. II_ AMENDMENT: Appendix B, Section 8, Subdivision 2D, is hereby amended to read as follows: "No off - street park- ing space within five feet of any street right- of-way." 1 1 1 1 COUNCIL MEETING January 12, 1987 Page Nineteen III_ Subdivision 3, is hereby AMENDMENT- Appendix B, Section 8, Add "K". "Compact amended to read as follows: to 40% of off street Parking Spaces. Allowing up compact off stre. parking spaces to be classified comp Each compact space shall seveenteene(g7) and one half (81/2) fee feet in length." IV. Passed by the Council of the City of Lino Lakes this of January, 1987. day Marilyn '.Anderson, Clerk - Treasurer ROSS' LIQUORS - SITE AND BUILDING PLAN REVIEW Mr. Jerry Anderson outlined the proposal for the new building and the site plan indicating with this proposal and Ordinance #17 -86 variances would not be necessary. The building itself will be 14,000 square feet in size and there will be parking for fifty- seven vehicles. A landscaping plan and screening plan are included. have Mr. Kluegel noted that Anoka has ofdtwenty- commented that the access to four feet. He also noted than the plane has been aresentedito the Planning and Zoning Board, but Y Mr. Bohjanen moved to approve the site and building plan for Ross' Liquor Store. Mr. Bisel seconded Planning and Zoning1Board ?skAfter if this action would alienate further discussion Mr. Bohjanen withdrew his motion and Mr. Bisel withdrew his second. Mr. Bisel moved to send the plan back to the Planning and Zoning987 Board for final approval and return to the Council January 26, for Council final approval. Mr. Bohjanen seconded the motion. Motion carried unanimously. 095 COUNCIL MEETING January 12, 1987 Page Twenty ENGINEER'S REPORT - RON STAHLBERG A. MnDOT Agreement - Bridge Construction, 80th Street. Mr. Stahl- berg said this is a standard agreement. Mr. Marier moved to approve the agreement. Mr. Bisel seconded the motion. Motion carried unani- mously. Surface Water Management Study. Mr. Stahlberg presented a map to the Council showing area of Phase I of the drainage study. ATTORNEY'S REPORT - BILL HAWKINS A. Gambling License Renewal - Circle Lex VWF, Post #6583. Mr. Hawkins told the Council if they had no objections to the renewal of this license no action was necessary. The Council took no action. CONSIDERATION OF BIDS FOR PUBLIC WORKS REPLACEMENT OF PICKUP TRUCK - DON VOLK Mr. Volk has received a quotation for new thekCounciltruck from Hennepin County Joint Purchasing and accept this bid as it is low bid. Mayor Benson asked Mr. Volk if he had considered a used pickup. Mr. Volk said he had, the problem is that all those available are very dressed up and therefore ex- pensive. Mr. Marier moved to approve Mr. Volk's recommendation. Mr. Bisel seconded the motion. Motion declared passed. CONSIDERATION OF ANNUAL APPOINTMENTS Mr. Bohjanen moved to table this item. Mr. Marier seconded the motion. Motion carried unanimously. OLD BUSINESS A. Status of Center Oaks Drainage Pla. r. Volk Csaid aidrhe Oaks simet with Andy Cardinal of RCWD and Mr. Cardinal the sole problem in this area. Mr. Cardinal will ask RCWD to do a further study in this area. Mr. Cardinal emphasized the Mneedofofor the Cities of Lino Lakes and Centerville to get along. will attend the next Council Meeting Lino Centerville and ask for help in controlling the Mr. Bisel moved to direct the City Administrator to send a letter to RCWD asking for a preliminary survey of this area. There was no second to this motion. Arbor Lakes Access - Ash Street. Mr. Schumacher said the developer rh of this plat would like a committment that the City will upgrade years Street to this project. After the initial upgrading ago, this Council said they would go no further. Mayor Benson asked 1 1 1 1 COUNCIL MEETING January 12, 1987 Page Twenty -One Mr. Schumacher to follow up with Ramsey County and report back at the next Council Meeting. Oneka Lake Project. Mr. Marier asked that correspondence on this matter be sent to the DNR. The project is still pending and he felt the DNR did not have the entire picture. Mr. Reinert asked that this City involve Senator Dahl, Representative Quinn and County Commissioner Langfeld in the correspondence. NEW BUSINESS A. Consideration of Selecting a Name for Basketball Franchise. Mayor Benson said this City would go along with the majority. Mr. Bisel moved to adjourn at 12:56 A.M. Mr. Bohjanen seconded the motion. Aye These minutes were considered and approved on January 26, 1986 at a regular council meeting. r; MAR I LYI G. ANDERSON Clerk- Treasurer 096