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HomeMy WebLinkAbout10/26/1987 Council Minutes1 COUNCIL MEETING OCTOBER 26, 1987 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M. Council Members present: Bisel, Marier, Bohjanen, Reinert. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Public Works Director, Don Volk; Building Inspector, Pete Kluegel; Planner, John Miller and Clerk - Treasurer, Marilyn Anderson were also present. City Administrator, Randy Schumacher was absent. CONSIDERATION AND APPROVAL OF MINUTES October 13, 1987 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. September 21, 1987 - Mr. Marier moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mr. Reinert abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - OCTOBER 26, 1987 Mr. Marier moved to approve the Disbursements as presented. Mr. Bisel seconded the motion. Motion carried unanimously. OPEN MIKE Mike Baker, 6964 Sunset Road - Mr. Baker told the Council that he had attended the hearing regarding the Sunset Road project and had agreed to have the assessments placed on his property taxes. He has not contacted the City of Blaine regarding hooking up to the services and has found that there are more than $1,000 of connection charges that he must pay as well as the installation itself. This is more than he can afford and explained that he and several of his neighbors feel it was unfair of the City of Blaine in not telling the residents of the extremely high connection charges. Since he cannot afford to connect to the services, he asked the Council if the assessments could be removed from his property taxes. Mr. Hawkins explained that this was not possible. Mr. Baker said he has talked to the V. A. about this matter and they told him it is done all the time. Mr. Baker asked how the City could determine what the assessment should be when the project was not completed. Mr. Hawkins explained that the law allows municipalities to assess based estimates. Mr. Baker explained he has had problems relating to his driveway. He explained that before the reconstruction of Sunset Road, he had two driveways. When the Sunset project was completed and curbs installed, driveway aprons were provided to both of his driveways and then one was torn out. The county will not allow him the second driveway PAGE 1 060 COUNCIL MEETING OCTOBER 26, 1987 apron. Mr. Stahlberg explained that this project was a joint project between the City of Blaine and Anoka County. Lino Lakes involvement was an agreement to pay a share of the curb and gutter installation. Mr. Baker said he has contacted both the City of Blaine and Anoka County and they say it is not their problem. Mr. Stahlberg asked Mr. Baker to put his concern in writing and send it to him then he will contact both Blaine and Anoka County. Frank Jusczak, 895 Birch Street - Mr. Jusczak was not present. Pete Brown, 6897 Black Duck Drive - Mr. Brown said he noticed from a newspaper article that the City Council has been presented a petition seeking a ban on the discharge of all firearms in Lino Lakes and also noted that the Council may hold public hearings to gather input from the citizens. Mr. Brown told the Council he was opposed to changing the ordinance. He felt the ordinance was adequate but needed to be enforced. He told the Council he felt it was unfair for the Council to re- evaluate an ordinance based on a few complaints and questioned whether this was an appropriate barometer of what is happening in Lino Lakes. He said he could see a campaign of telephone calls that could not be substantiated and questioned if this was a proper way to look at changing laws. He explained he looked at Lino Lakes as basically rural with unique opportunities for many types of recreation, a real neat place to live. He felt the problem was in controlling "slob" hunters. A vast majority of hunters are well within the law. He asked if the City would consider a ban on driving if there are complaints of speeding or golfing if some people do not obey the rules of the golf course? Mr. Brown expressed concern that this matter was not published earlier so that candidates for election could be asked about their position on this matter. Mayor Benson explained that the Council did receive a petition and by law the Council must act on the petition. The Council asked Chief Campbell to update the Council regarding incidents and complaints and the Council was told nothing of great concern had been received. The Chief did recommend that the Council look at expanding the no discharge of firearms boundaries. Mr. Marier explained that the Council has asked to wait until after this current hunting season to gather further information. Mr. Brown felt that was a good idea. Beth Olson and Dona Kass, Arrowhead Drive - Mrs. Olson told the Council that a petition had been presented to the City for installation of stop signs at the intersection of Totem Trail and Arrowhead Drive. She explained that traffic on Arrowhead Drive from Ware Road is very fast especially since there are 29 children in that block and a park. Mr. Volk said this request will be placed on the next Council agenda. PAGE 2 1 1 1 061 COUNCIL MEETING OCTOBER 26, 1987 IMr. Bohjanen said he noted that Shenandoah Park on Arrowhead Drive is not marked. Mayor Benson explained that when the City has monitored traffic in residential areas, local residents are the speeders. He asked Mrs. Anderson to check with Chief Campbell and ask if an unmarked squad can spend some time in this area. Dick Kulaszewicz - Mr. Kulaszewicz asked what has happened to the request for a street light at Arrowhead Drive and Ware Road. Mr. Volk said this request was placed in the 1988 Budget. ¢QNSIDERATION OF CONDITIONAL USE PERMIT. LAND RECLAMATION - 6941 LA MOTTE DRIVE Mr. Kluegel explained that this matter has been before the City Council several times in the past and Mr. Hawkins was requested to draft a Conditional Use Permit for the reclamation of this lot. The draft is before the Council tonight. Mr. Polski, attorney for Mr. Don Nelson, owner of the lot explained he had received a copy of the Conditional Use Permit and said Mr. Nelson would agree to the CUP and suggested that the motion be in writing so that he could pass it on to his client. IMr. Marier reviewed the actions of the past Council meetings and moved to grade the lot to the level of the north property and the south property and require all water to be held on the lot and not diverted from the property, all work to be done by November 7, 1987 and the City Attorney be directed to notify Mr. Nelson of this motion in writing. Mr. Bohjanen seconded the motion. Mr. Polski asked if this motion meant that the lot is to be leveled and not removed and all water should be held on the lot? He also asked if a building permit would be issued if the work was completed. Mr. Marier said yes if the work was done properly. Voting on the motion, motion carried unanimously. PUBLIC HEARING, PUBLIC NUISANCE, 1160 MAIN STREET Mayor Benson opened the public hearing at 7:30 P.M. Mr. Kluegel explained that there is a four -plex at this address with a defective septic system. The owner has received proper notification of the violation and the purpose of this public hearing is to request that the process of the Nuisance Ordinance be carried forward. Mr. Hawkins explained that if the Council decides to enforce the Nuisance Ordinance, the City will go onto the property, repair or replace the defective septic system and then assess the costs to the property taxes. A hearing will also be required for the assessment of the costs. Mr. Kluegel explained that he will require that a soil PAGE 3 062 COUNCIL MEETING OCTOBER 26, 1987 evaluator look at the property to determine what type of system will be required for the property. He noted that the system could be costly. Mr. Bisel said he had a problem with this matter and felt the type of system recommended by the soils evaluator could be cost prohibitive. Mr. Bisel asked that the property owner be made aware of the costs before the work is started. He noted that the owner may want to shut up the building rather than pay for the improvement. Mayor Benson suggested that the costs be given to the owner prior to installation so that the owner can try to pay for the work before it is assessed to the property. Mr. Hawkins said it would be best to try to get the owner to replace the system, because if the City were to do the work and the system malfunctions, the City will be called upon to stand behind the system. Mr. Bisel moved to close the public hearing at 7:40 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Marier moved to authorize Mr. Kluegel to proceed and have the soil tested and report to the next Council meeting and have the owner present when the soil is tested and explain to him the City will keep him informed of the process. Mr. Bisel seconded the motion. Mayor Benson asked if there would be enough time to install a new system if the costs and design are brought to the next Council meeting for review. Mr. Kluegel said yes. Voting on the motion, motion carried unanimously. PUBLIC HEARING, VACATION OF SHANDOAH PARK, RESOLUTION NO. 65 - 87, Mayor Benson opened the public hearing at 7:45 P.M. Mr. Hawkins explained that this park had originally been platted south of Arrowhead Drive and since that time another area north of Arrowhead Drive has been secured for a park and the City is proposing to vacate the south park and return it to the original owner. Mayor Benson asked if anyone present wanted to speak for or against the proposal. There was no one to speak. Mr. Bohjanen moved to close the public hearing at 7:47 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to approve Resolution No. 65 - 87 and dispense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 65 - 87 PAGE 4 063 COUNCIL MEETING OCTOBER 26, 1987 IRESOLUTION VACATING SHENANDOAH PARKAS DESCRIBED IN THE PLAT OF SHENANDOAH I LYING SOUTH OF ARROWHEAD DRIVE. 1 WHEREAS, The City Council of the City of Lino Lakes had determined to vacate that portion of Shenandoah Park lying south of Arrowhead Drive; WHEREAS, a public hearing was held on October 26, 1987 before the City Council in the City Hall after due published and posted notice had been,given by the Clerk on October 13, 1987 and all persons interested were given an opportunity to be heard; WHEREAS, WHEREAS, it appears that it will be for the best interest of the City to vacate such park land, and four fifths of all the members of the Council concur in this resolution, NOW, THEREFORE, BE IT RESOLVED, that the park described as follows is hereby vacated: Park land lying south of Arrowhead Drive and east of Lot 1, Block 4, Shenandoah I, Section 19, Township 31, Range 22, City of Lino Lakes, Anoka County, Minnesota. Adopted by the Council of the City of Lino Lakes this 26th day of October, 1987. yv= Marilyn VG. Anderson, Clerk- Treasurer GAMBLING LICENSE REQUEST - RICE CREEK TRAILS ASSOCIATION Mr. Hawkins told the Council he had reviewed the request and found no problems. Mr. Bisel was concerned that because this City does not have stricter regulations than the state, this City could have a number of organizations before the Council requesting a gambling license. He asked if this City should be looking at enacting stricter regulations? Mr. Hawkins said the question should be whether or not the City is having a problem with gambling. Mayor Benson asked the Mr. Hawkins provide a copy of the state statute to the Council 1 regarding gambling. PAGE 5 J64 COUNCIL MEETING OCTOBER 26, 1987 CONSIDERATION OF A JOINT POWERS AGREEMENT FOR ESTABLISHMENT OF THE QUAD CITY SENIOR TRANSPORTATION PROGRAM Mrs. Anderson told the Council that she had requested a clean corrected draft of the joint powers agreement, but to date none has been received. Mr. Marier moved to table this item until the draft has been received. Mr. Bisel seconded the motion. Motion carried unanimously. PARK BOARD REPORT Set Public Hearino for Vacation of LaMotte Park, Resolution No. 64 - 87 - Mr. Marier moved to approve Resolution No. 64 - 87. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 64 - 87 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF A PORTION OF LA MOTTE DRIVE WHEREAS: the Planning and Zoning Board and Park Board have received a request for development of land adjacent to LaMotte Park and this request includes the addi- tional request for use of a portion of LaMotte Park for street purposes and the subsequent dedication of additional lands to be added to LaMotte Park, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing on this matter be set for Monday, November 23, 1987 at 7:30 P.M. to consider the vacation of a portion of LaMotte Park. Adopted by the Lino Lakes City Council this 26th day of October, 1987. ,;,%i Marilyn 'Anderson, Clerk- Treasurer nson, Mayor 1 1 Capital Improvement Plan, Park Board - Mr. Volk told the Council that the Park Board may be writing a letter to Council concerning the 1988 PAGE 6 065 COUNCIL MEETING OCTOBER 26, 1987 IPark Board Budget. He noted that the Board is very concerned by the cuts made in the preliminary Park Budget by the Council. They are wondering how long they can survive by taking money from the Dedicated Fund. The Board would like the Dedicated Funds to be used for purchase of additional park land, not park improvements. PLANNING AND ZONING REPORT - JOHN MILLER Minor Subdivision, Mike Bailey - Mr. Bailey and his neighbor, Mr. Bernier have found that both hold title to a three foot wide strip between their properties. To rectify this and especially to clear title, Mr. Bailey wishes to deed a three foot strip to Mr. Bernier. Mr. Miller explained that there are no encroachments to this strip. Mr. Marier moved to approve Planning and Zoning Item No. 87 - 25 and the Planning and Zoning Board recommendations. Mr. Bohjanen seconded the motion. Motion carried unanimously. Greenhouse Site and Building Plan Review - Waldoch Farms - Mr. Miller explained that Mr. Joyer representing Waldoch Farms has requested approval of a Site and Building Plan review for a 2,500 square foot greenhouse. The building will be located in the General Business District and it is a permitted use. Mr. Miller did not see a problem with the building itself and it met all setback regulations. The IPlanning and Zoning Board had recommended approval with the stipulation.,that the driveway and parking lot be blacktopped and foundation planting be included in the plan. Mr. Joyer told the Council that he wanted the Council to know that this would continue as a farming operation even thought there may be some greenhouse sales for a six or eight week period during the spring. They are not changing any of the current business, just expanding and moving the greenhouse to a different location on the farm. Mr. Joyer said the surface of the parking lot and driveway would be Class #5 and the buildings would be landscaped. Mr. Bisel asked if this was a temporary structure. Mr. Joyer said it did not have a foundation and conceiveable if the business did not do well it could be removed leaving a blacktop driveway and parking lot in a field. Mr. Bohjanen asked about the current vegetable stand. Mr. Joyer said it would be left as it is for historical value. Mayor Benson asked if there were any plans for commercial structures. Mr. Joyer said possibly in the next ten to fifteen years. Mr. Reinert asked if he was expanding his retail business. Mr. Joyer said, no as there are already two greenhouses on Main Street. The proposal is to bring the green houses to Lake Drive a more visable area and organize all the farm operation in one location. Mr. Marier asked if Waldoch Farms did expand, would they be willing to complete the driveway and parking lot as requested by the Planning and Zoning Board. Mr. Joyer said yes if the nature of the expansion is retail. Mayor Benson said PAGE 7 066 COUNCIL MEETING OCTOBER 26, 1987 that he felt this operation was general business in nature and the City does have an ordinance in place dealing with surfacing of parking *areas and driveways. Mr. Marier disagreed, noting that the farm had been there a long time. He also noted that there were other businesses selling shrubs, tomatoes and other farm produce without being required to provide a hard surface. Mayor Benson noted that there were other similar areas in the City and they were required to provide a hard surface. Mr. Bisel noted that the purpose for a hard surface was for dust control and felt that since this was not a twelve month a year operation and a permanent building, he would look at it differently. Mr. Miller explained that the Planning and Zoning Board has also addressed the problem of the use being farm in nature. If the greenhouse were not in the GB District there would be a better argument for not requiring a hard surface. Mr. Reinert moved to approve the Planning and Zoning Board recommendation including the stipulations for foundation plantings and a blacktop parking lot and driveway. Mr. Marier seconded the motion. Mr. Bisel asked Mr. Joyer what affect would these requirement have of the proposed expansion. Mr. Joyer said they probably could not proceed. Voting on the motion, motion carried with Mr. Bohjanen and Mr. Bisel voting no. Minor Subdivision, Ron Birch - Mr. Miller explained that this request is for a minor subdivision of twenty acres into two lots. This property is located on the west side of 20th Avenue adjacent to Lake Amelia and north of Ash Street. This request meets all the provisions of the subdivision ordinance. The Planning and Zoning Board had questioned if in fact there were twenty acres to subdivide because of the elevation of Lake Amelia. The DNR confirmed the elevation of the lake and it was determined that twenty acres did exist. Mr. Bisel moved to approve Planning and Zoning Item No. 87 -27. Mr. Marier seconded the motion. Motion carried unanimously. Major Subdivision, Lakes Addition No. 8, El Rehbein & Son - Mr. Miller explained this plat contains six lots and is located on the west side of Black Duck Drive just north of Birch Street. The area is properly zoned and sanitary services are available. There was discussion by the Planning and Zoning Board on which direction some of the houses would face. It was concluded that the purchases would determine the direction. Mr. Marier moved to approve Planning and Zoning Item No. 87 - 23. Mr. Bohjanen seconded the motion. Motion carried unanimously. Minor Subdivision, Helen Minar - Mr. Miller explained that the Minars own fifteen acres and have sold five acres to a daughter who already PAGE 8 1 COUNCIL MEETING OCTOBER 26, 1987 Iowns five acres with a home. These two parcels will be combined into one lot. This subdivision would not create another building site. Mr. Miller noted that approval of this request would change one conforming and one nonconforming parcels into two conforming parcels of land. The Park Board had reviewed the request and had been misinformed regarding the purpose. They had recommended collecting a park dedication fee since they understood this would create a new building site. It has since been determined the purpose was not to create a new building site. Mr. Bisel moved to approve application no. 87 -24. Mr. Bohjanen seconded the motion. Motion carried unanimously. Site and Building Plan Review, Bastien Products - Mr. Miller explained the request is for a 60' x 80' addition to the present building. The construction will be of smooth face concrete and have the same decoration as the current building. The stucco garage on the property is to be removed. The request meets all set back requirements and the Planning and Zoning Board has recommended approval with the addition of foundation plantings. Mr. Marier moved to approve Planning and Zoning Item No. 87 - 28 to include foundation plantings. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel thanked the representative of Bastien Products for expanding his business in Lino Lakes. IMinor Subdivision, Twilight III - Mr. Joyer, representing El Rehbein and Son requested that this item be rescheduled for the next Council meeting. Mr. Marier moved to approve this request. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Driveway Apron, North Road - Mr. Stahlberg explained that prior to the project there were two gravel driveways, Mr. Doocy's and his neighbors. During construction the contractor replaced Mr. Doocy's driveway with a blacktop apron and replaced the neighbor's driveway with a gravel apron. The contractor explained this was done because Mr. Doocy has a garage and his neighbor does not. Mr. Stahlberg explained that if it were up to TKDA neither driveway apron would have been blacktopped. Mr. Stahlberg will pass this information along to Mr. Doocy. East Ash Street Improvement - Mr. Stahlberg explained that he has met with the Ramsy County Engineer who explained that 15% of the trips over this street would be generated by the regional park of residents of White Bear Township and 85% of the trips would be generated by Lino Lakes housing units. He told the Ramsey County Engineer that Lino Lakes would not be interested in this presentation. Mr. Schumacher's memorandum of October 21st outlines alternatives to Ramsey County's suggestions. Mr. Stahlberg suggested that the Council approve Mr. PAGE 9 068 COUNCIL MEETING OCTOBER 26, 1987 Schumacher's recommendation to authorize the City Attorney to proceed with the joint powers agreement with White Bear Township. This would allow White Bear Township to assess Ramsey County. Mr. Reinert moved to approve the City Administrator's recommendation. Mr. Bohjanen seconded the motion. Motion carried unanimously. Rice Lake Estates Construction - Mr. Stahlberg told the Council that the equipment for the metering station has been delivered and he is expecting that this installation will be completely wired shortly. Twilight Acres Drainage Plan - Mr. Stahlberg suggested that before the Council considers any further platting in this area, something be done to determine a plan to handle storm water drainage. He also noted that the proposed Twilight III is in the MUSA boundary, and suggested that the Council address sewered lots rather than one acre lots. Mayor Benson said the Council did not have to go along with Metro recommendations. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. OLD BUSINESS Update Sampair Conditional Use Permit - Mr. Kluegel told the Council that Mr. Sampair has now spread out the wood chips but has not chisled them into the ground. Mr. Kluegel will keep the Council updated on this matter. Consideration and Approval of North Central Suburban Cable Commission 1988 Budget - Mr. Reinert moved to approve the budget as presented. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. Election Judge Update - Mrs. Anderson explained that not all the election judges were available to work this election. She told the Council that she has asked Margie Roisum and Pat Westling to fill some of the missing positions. Mr. Bohjanen moved to approve this proposal. Mr. Marier seconded the motion. Motion carried unanimously. Oak Wilt Demonstration - Mr. Volk told the Council there will be an Oak Wilt demonstration project on Thursday on Lois Lane at 3:00 P.M. Senator Dahl - Mayor Benson said he had talked to Senator Dahl regarding funding for the Oak Wilt tests. Senator Dahl has expressed interest in coming before the Council and explaining funding for this project. Mr. Volk noted that more and more citizens are expressing PAGE 10 1 1 COUNCIL MEETING OCTOBER 26, 1987 Iconcern because of the costs involved. Mr. Marier suggested that it might be better to have Senator Dahl here at a special meeting. Mrs. Elsenpeter of 850 Lois Lane asked the Council to consider forming a Task Force to consider this problem. Mr. Volk said he would like to get further into the pilot project before considering a Task Force. A neighbor of Mrs. Elsenpeter told the Council that North Oaks has organized to combat Oak Wilt and has been very successful. He suggested it would be very helpful to find out how they handled their situation. Stipend for Fire District Commission Chairman - Mayor Benson noted a letter from the City of Centerville regarding a $1,200 stipend for the Chairman. Mr. Bohjanen asked that this matter be placed on the next agenda. NEW BUSINESS Set Special meeting to Canvass Election - Mr. Marier moved to set this meeting for Thursday, November 5, 1987 at 7:00 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1988 Proposed Legislative Policies, November 18, 1987 Mayor Benson suggested that if a member of the Council was interested in attending Ithis meeting, they should let Mrs. Anderson know so that she can make reservations. Anoka County Budget - Mayor Benson noted that Anoka County will be raising the County Mill Rate by .99 mills. Police Protection, White Bear Township - Mayor Benson noted that White Bear Township has been looking at receiving a bid from Lino Lakes for police protectioin: He noted that there are some concerns which must be worked out. Mr. Bohjanen moved to adjourn at 9:00 P.M. Mr. Bisel seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on November 9, 1987. MA'ILYN c7 A DERSON Clerk- Treasurer PAGE 11 BE . BE 7-1 ayor 6