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
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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.
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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
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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
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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.
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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
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Capital Improvement Plan, Park Board - Mr. Volk told the Council that
the Park Board may be writing a letter to Council concerning the 1988
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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
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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
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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.
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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
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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
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