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HomeMy WebLinkAbout02/08/1988 Council Minutes (2)183 COUNCIL MEETING FEBRUARY 8, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:20 P.M., February 8, 1988. Council Members present: Bisel, Bohjanen, Reinert. Council Members absent.: Marier. City Administrator, Randy Schumacher; Engineer, Ron Stahlberg; Attorney, Bill Hawkins; Building Inspector, Pete Kluegel; Public Works Director, Dori Volk and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES January 25, 1988 Work Session - Mr. Bohjanen moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unanimously. January 25, 1988 Regular Session - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS January 31, 1988 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Reinert seconded the motion. Motion carried unanimously. February 8, 1988 - Mr. Bohjanen moved to approve these Disbursements as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF ANNUAL APPOINTMENTS (CON'T FROM JANUARY 12, 1988) Planning and Zoning Board —Mayor Benson noted that Mr. John McLean's and Mr. David Cody's terms expired December 31, 1987 and both have indicated that they wish to be reappointed to the Board. In addition applications from Elmer Crohn, John Bergeson, Kurt Beseke and Marcia Broas have been received. Mayor Benson noted that all candidates have been sent questionnaires and were invited to attend tonight to answer any questions that the Council may have. PAGE 1 1 1 1 COUNCIL MEETING FEBRUARY 8, 1988 Mr. Reinert moved to reappoint David Cody. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel said he had contacted the current Board members and they are ail pleased with Mr. Cody's leadership. Mayor Benson noted that Mr. McLean is out of the state and could not be here for further questions from the Council. Mayor Benson asked the new applicants to make a statement to the Council. Elmer Crohn, 8021 Aenon Place - Mr. Crohn explained his thirty years of background in real estate and noted that he retired in 1986 but has continued as a fee appraiser for the Veterans Administration. He felt the major issues facing Lino Lakes included increasing the tax base by bringing in industry and the orderly transition of expansion of Lino Lakes. He explained if a conflict of interest arises he would inform the Board of this and abstain from voting on the issue. He felt his role on the Board would be reviewing plats, variances, etc. for compliance to applicable City Codes and make recommendations to the Council. Since he is retired he would not have a problem with the amount of time needed to fill this position. John Bergeson, 6996 West Shadow Lake Drive - Mr. Bergeson explained that he is the chief financial officer for Bethel College and is currently serving on the Lino Lakes Economic Development Committee. He felt he had a good understanding of issues that will come before the P & Z Board and he would come to the Board without any vested interest since he is not involved in any real estate in Lino Lakes other than his home. He felt the major issues facing Lino Lakes is the need for an overall plan for development that can stand the test of time. He also felt it was important that citizens have ownership in that plan. If a matter of conflict of interest came before the Board Mr. Bergeson said he would refrain from the discussion and would not vote on the matter. Mr. Bisel was concerned because if Mr. Bergeson was appointed to the P & Z Board, he would be a member of two important Boards. Mr. Bergeson said he felt it was important that these two Boards coordinate their work effort and he could fill that role. Mayor Benson had a problem with one person being on two Boards. This has not occurred in the past and he was concerned about the time commitment involved. PAGE 2 89 1;® COUNCIL MEETING FEBRUARY 8, 1988 Kurt Beseke, 1209 Rondeau Lake Road West - Mr. Beseke explained that he has been a resident of Lino Lakes for twelve years and is self employed in construction. Ile has been watching the area grow and would like to see the area develop into a larger area to attract more businesses for a tax base and yet retain a family community feeling. He felt the major planning issues include development of the sewer and water facilities to attract commercial users. Marcia Broas, 1059 Oak Lane - Ms. Broas explained that she has been employed by Northwestern Bell Telephone for the past sixteen years and has lived in Lino Lakes since 1984. She was attracted to the ruralness of Lino Lakes. She noted that as of yet she is unfamiliar with most of the issues currently before the Board but felt that this may be an advantage because she would not come to the Board with biased opinions. In matters of conflict of interest, Ms. Brows said she would disqualify herself from voting. She felt since she has some flexibility in her job she would not have a problem with the amount of time required for the position. Mr. Bisel thanked each individual who appeared before the Council tonight and noted that the Council is always looking for individuals willing to serve on the volunteer boards and committees. Mr. Bisel moved to appoint Mr. John Bergeson to the remaining Planning and Zoning Board position. Mr. Bohjanen seconded the motion. Mr. Reinert felt this would be setting a precedent with one person serving on two major boards and expressed concern about the time commitment. Mayor Benson also expressed concern regarding one person serving on two major boards. Mr. Bohjanen said he would like to see this tried for a while to give the two boards an opportunity to work together. Voting on the motion, motion failed with Mr. Reinert and Mayor Benson voting no. Mr. Bohjanen moved to appoint Elmer Crohn to the vacant Planning and Zoning Board position. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Bisel moved to send Mr. McLean a letter thanking him for his past years of service. Mr. Reinert seconded the motion. Motion carried unanimously. PAGE 3 1 COUNCIL MEETING FBBTi1I CRY 8, 1988 Fire Commission - Mayor Benson explained that the two Commissioners are appointed at the pleasure of the Council. Both Commissioners have expressed interest in remaining in their positions and an application has been received from Mr. Lance Olson. Mr. Olson was unable to attend this evening because of his work commitment but, did ask that he be considered for a position. Mr. Bohjanen moved to table consideration of this appointment and ask Mr. Olson to attend the next Council meeting as well as ask Mrs. Elsenpeter if she is still interested in continuing in the position of alternate. Mr. Bisel seconded the motion. Motion carried unanimously. Fiscal Agent - Mr. Schumacher explained that he has received two proposals for the position of fiscal agent and the Council has asked that he make comparisons of the two proposals. Mr. Jim Casserly of Publicorp, Inc. gave a brief background of his company. He outlined the issues in which his company has been involved and also noted that Mr. Hawkins has an interest in this company. He noted that although his company is a comparatively new company, the people involved with the company have had many years experience in the field and would give Lino Lakes the benefit of their individual expertise. David MacGillivray and Ronald Langness of Springsted, Inc. - Mr. Langness explained that his company has been in business for over fourty years and has served Lino Lakes since late 1960. He gave further background information about the firm which includes forty staff members. Mayor Benson explained that although the Council designates a City Attorney, City Engineer or City Fiscal Agent, the City can also use other consultants for specific projects. He wanted this kept in mind when making the decision tonight. Mr. Reinert felt it was important to have someone that the City Administrator feels comfortable with and asked if he had a recommendation. Mr. Schumacher said he did not want to set policy in this matter. After further discussion, Mr. Bohjanen moved to appoint Springsted, Inc. as City Fiscal Agent. Mr. Reinert seconded the motion. Motion carried with Mr. Bisel voting, no. Mayor Benson thanked both firms for their presentation tonight. PAGE 4 COUNCIL MEETING FEBRUARY 8, 1988 PUBLIC HEARING - 74TH STREET - RON STAHLBERG Mayor Benson opened the public hearing at 8:26 P.M. Mr. Stahlberg explained that this project was initiated by a petition received by the City Council and included the upgrading of 74th Street all within the North 1/2 of Section 18, Township 31, Range 22. He explained how the street would be upgraded to include storm sewers according to current City standards. He noted that since the lots along this street are large the assessments would be large as well. Mr. Stahlberg further noted that the proposed extention of sewer and water utilities will be near this area. If this li occurs these lots may be subdivided. In addition he wondered if it would be wise to proceed with this improvement if sewer and water extensions were just a few years away. The streets could be upgraded at the time these u t i l i t i e s come into the area. Candy St. Clair, 129 - 74th Street - Mrs. St. Clair explained that she was the one who initiated the petition but was not aware of the huge costs and is now dead set against the project. She felt the City made a mistake when it did not make the developer improve the street. She suggested that the City look at just upgrading with Class V. Thomas Bergren, 108 - 74th Street - Mr. Bergren said he was against the project because sewer will probably come in the near future and everything should be done at one time. He said there was not enough people using the street to warrant such an improvement. Karen Torell, 7401 Patti Drive agreed with Mr. Bergren. David Fiorek, 22 West Road, Circle Pines owner of Lot 3, Block 10, Sunset Oaks did not see a benefit anywhere. Dennis Schultz, 159 Marvy Street said he did not see a benefit for him since he uses Marvy Street as his access road. Ronald Hale, 7401 Jeanne Drive said he saw no practical use for him since he uses Jeanne Drive. Wayne Sanders, 121 Marvy Street also uses Marvy Street for access. PAGE 5 1 1 COUNCIL MEETING FEBRUARY 8, 1988 Mr. Florek asked why the developer was not required to put in the street? Mr. Schumacher explained that there was no existing policy at that time. There was only one half of a right, of way available so it would have been impossible. Jack Menkveld, Blaine, Minnesota explained that he was the developer and asked if this could be funded through General Funds. Mayor Benson explained that this is prohibited by the City Charter. Mr. Menkveld further explained that when his plat was recorded the City Council only required that he complete the streets within his subdivision. He did not own all the right of way for 74th Street and therefore he could not upgrade it. Mayor Benson asked what the cost would be if the street were upgraded but not blacktopped. Mr. Stahlberg said about one half. Mayor Benson asked Mr. Volk about grading and keeping the surface serviceable. Mr. Volk said it is basically a problem in the spring and since there are so few houses on the street not much has been maintained. Mr. Florek asked how can the City assess residents when it is a mistake of the City. Mr. Stahlberg noted that when Mr. Florek purchased his lot, the purchase price was based on the condition of the street. If the street was improved before the lots were sold the price of the lot would have included the cost of the street improvement. Mr. Bisel moved to adjourn the public hearing at 8:47 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson noted that maybe this improvement is premature since utilities may be available in the near future. The residents feel the improvement is unnecessary and cost prohibitive and want to wait and see when utilities do come. There was discussion regarding how the road could be made serviceable until it is upgraded. Mayor Benson said that since the citizens are against the project the Council should direct the Public Works Director to do the best he can to direct the water from the roadway. This feasibility study will be kept on file for future reference. Mr. Reinert moved to terminate the project and retain the feasibility report on file. Mr. Bohjanen seconded the motion. Motion carried unanimously. PAGE 6 193 194 COUNCIL MEETING FEBRUARY 8, 1988 The Council took a five minute break at 8:55 P.M. CONTINIJATION OF PUBLIC HEARING - -- ED VAUGHAN CONDITIONAL USE PERMIT, GAME FARM Mayor Benson opened the continuation of the public hearing at 9:03 P.M. Mr. Schumacher updated the Council regarding this matter noting that at the last Council meeting he and Mr. Miller were instructed to draft somesafe guards. Mr. M=iller has prepared a memorandum for the Council with this information. Mr. Schumacher explained some of the suggested conditions in the memorandum especially the suggested vegetation buffer. There were questions regarding buffering the proposed ballfields in the school property and question regarding the internal policing program condition. Mr. Reinert felt this last item was vague. Mayor Benson asked about the fencing that was talked about at the last meeting and asked if the demensions of the hunting area had been established. Bill Nadeau, 6687- 20th Avenue explained that most of the property is bordered by woods or water and felt there was no way to set a point where the game farm begins. He said Mr. Vaughan has allowed slug hunters to hunt on his property and if he has not given them permission that demonstrates that he cannot control his property. He also noted that dogs are trained at Wild Wings Game Farms and you can hear the noise for a mile or more. David Dunn said he leases some of the property for bow hunting and has bow hunted as much as five days a week on the farm. He explained that the hunters he has encountered on the Game Farm are small groups and very controlled. Also he has never seen a slug hunter on the property. He felt that conservatively there are two to three times more people hunting around the game farm than on the farm. He felt the people allowed on Mr. Vaughn's farm are not reckless. Brandon Curtis, 6595 Gaage Lane asked if the Council was aware of the DNR regulations that require signs posted in designated areas and the requirement for maintenance of a log for DNR. Mayor Benson asked for a copy of these regulations. Mr. Curtis said he was concerned for safety issues such as liability on the school and park properties. He asked what would keep animals on Mr. Vaughan's property and keep them from flying onto the roadway. He asked for statistics regarding sound carry and shot carry. He felt this would do something to the value of his property. PAGE 7 1 1 COUNCIL MEETING FEBRUARY 8, 1388 Mike Mastro, 155:3 LaMotte Road -- Mr. Mastro said shot gun sound travels a great distance. He noted that on several occassions his neighbors were threatened and intimidated by Mr. Vaughan and asked what would happen if someone did cross onto his land, what would his action be? Francis Bernier, 1430 Karth Road asked if the Council has reconsidered the current gun ordinance. Mayor Benson said not yet. Mr. Bernier said he has a right to protection against noise pollution. Paul Behr, 6415 Joyer Lane said he had no qualms about the game farm. Pershing Weaver, 1199 Birch Street explained that the game farms borders the entire north side of his property and he said he would rather have controlled hunting on that property because a lot of illegal hunting takes place there now. He said Mr. Vaughan keeps people out that should not be there. Mayor Benson asked what type of hunters use the property now? Mr. Weaver said mostly deer hunters and they have caused problems for the bow hunters. Margaret Langfeld, Anoka County Commissioner indicated that the Chain of Lakes Park Reserve will not support or oppose the game farm. However she was happy to see the stipulations and said fencing sounds like a good idea. There should be a clear delineation of where park property begins and noted that the park will do considerable amount of signing. She asked if hunting will be prohibited in the crop buffer? Mr. Curtis said the main concern is noise and said there may be far more shooting off of the game farm especially around the lakes to the north of the game farm. Mr. Bernier agreed that there may be shooting around the game farm but he felt he was talking about the noise that came from the game farms traveling to the south where the area is clear and the noise would travel further. Elwin Klimek, 1390 Karth Road told the Council that slug hunting is occurring south of his property and south of Holly Drive. Mr. Nadeau said these were not just leasure hunters, this is two groups of four hunters for each group. He said there were not that many pheasants around. He asked how many PAGE 8 19' 196 COUNCIL MEETING FEBRUARY 8, 1988 people were going to have to put up with this just for his benefit. Mrs. Weaver told the Council that she felt that the controlled hunting was much better that letting anybody come at any time without any regulations. Mr. Curtis asked if Mr. Vaughan could establish 100 acres for hunting within the boundaries required by DNR? Mr. Bisel asked if the City has a lease with the school district and also asked who would assume liability if someone is injuried on the school property. Mr. Hawkins explained that the hunter would be responsible, not the owner. He also explained that if someone went off the game farm and hurts someone, the hunter is still responsible. Mr. Bisel asked about the internal control. Would Mr. Vaughan establish a policy that would spell out when the policy were to be called and what the police responsiblity is? Mr. Vaughan noted that he has been operating for eighteen months and the police have never been called. Someone from the audience said that if there was a great amount of snow during the hunting season possibly the crop buffer area would be unrecognizable. Mr. Cardinal explained what is planted and explained how there is no hunting in the corn crop since it is planted for deer. Mr. Bisel felt the only problem concerns the noise and asked if a decimal test has ever been conducted on gun noises. A gentleman asked if the Council had actually looked at the property. Mayor Benson and Mr. Reinert said yes. Mr. Bohjanenn said he had toured the area and asked if the school property can be buffered in some way. He noted that at times you can hear shooting all over Lino Lakes and this will continue for some time to come. He was concerned with the safety factor. Mr. Curtis noted that some property to the south of the game farm is for sale and asked who would buy this when a game farm is directly accross the road. He said he felt his home would be devalued. He asked if this would make Mr. Vaughan's property commercial and would he pay commercial taxes? Mr. Nadeau said that corn could not be planted as a buffer from the County Park because the area is either wooded or PAGE 9 1 1 1 COUNCIL MEETING FEBRUARY 8, 1988 separated by lakes. If a buffer is required between the school property, this will eliminate most of the hunting area. Mr. Vaughan felt that requiring a buffer between the school property would be excessive. Mayor Benson explained that the DNR regulations will have to be considered especially regarding signs. He also noted that 100 hunters will make a lot more noise than twenty seven hunters. Mr. Reinert asked Mr. Hawkins what was required of the City for issuing a Conditional Use Permit. He said we must be sure that the City meets all of its obligations. Mr. Hawkins explained that the City will have to list its reasons for approving or denying the request as well as making certain that all requirements of the ordinance are met. Mr. Bisel asked where Mr. Miller got his recommendation for a 600 foot buffer. Mayor Benson said that the City ordinance calls for a 500 foot buffer. Mr. Hawkins suggested that the City contact the City of Hugo since they went through a similar situation. He also noted that the PCA must have standards or guidelines. Mr. Reinert moved to extend the hearing and direct the City Administrator to look at these issues as they relate to the ordinance and develop answers taking into consideration the noise pollution, buffer, county park issues and all concerns that have been raised. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Schumacher explained that this may take more than two weeks and the Council asked that this item be placed on the March 14, 1988 agenda. Mr. Bohjanen moved to continue the meeting until the business at hand is completed. Mr. Reinert seconded the motion. Motion carried unanimously. SIGN ORDINANCE AMENDMENT NO. 02 - 88 - SECOND READING Mr. Bisel moved to table this item until the next Council meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. SECOND READING - DRAFT ZONING ORDINANCE NO. 01 - 88 TO IMPLEMENT INCREASED MINIMUM STANDAROSFOR ONE AND TWO FAMILY RESIDENTIAL DEVELOPMENT, CREATE EXECUTIVE HOUSING DISTRICT, PAGE 10 97 1s0 COUNCIL MEETING FEBRUARY 8, 1988 ZONING ORDINANCE REVISION NECESSARY TO IMPLEMENT THE THE COMPREHENSIVE LAND USE PLAN Mayor Benson explained that a petition had been received from residents on Marshan Lane opposed to the rezoning of the church property. He suggested that this are be required to be buffered. There was discussion regarding lot sizes and Mr. Reinert noted that his original motion went along with the Planning and Zoning Board in regard to lot sizes and with the City Planner with regard to square footage of a house. Side yard set backs were not addressed and Mr. Reinert said it was his intention to have the side yard set backs remain as it currently is. Mr. Bisel suggested taking another look at this and bringing it back to the next Council meeting. Mr. Reinert was concerned about a buffer and noted that a buffer could not be required in a rezone, this must be controlled when the site plan is reviewed. Mr. Bisel moved to table item Ordinance No. 01 - 88 until the next Council meeting and return this item to the Planning and Zoning Board for clarification on the set back requirement and whether a buffer can be required for a rezone. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Mastro from the audience asked if the proposed Lakeview Place plat will be required to follow the new guideline regarding lot sizes and house sizes. Mayor Benson explained that this proposal was received prior to the ordinance becoming effective. CONSIDERATION OF METROPOLITAN WASTE CONTROL COMMISSION JOINT LAND USE AGREEMENT FOR 1988 Mr. Schumacher explained the agreement the City has worked under with the Metropolitan Waste Control regarding the operation of the lift station on Black Duck Drive. Currently Meto Waste Control maintains two of the three lift stations in Lino Lakes and the maintenance of the third lift station is shared by the two entities. Mr. Bisel moved to approve the Joint Land Use Agreement for 1988. Mr. Bohjanen seconded the motion. Motion carried unanimously. PARK BOARD REPORT - RANDY SCHUMACHER PAGE 11 1 1 1 COUNCIL MEETING FEBRUARY 8, 1988 Consideration of the Park Board's Proposal to Conduct a Park Needs /Citizen Attitude Survey - Mr. Schumacher explained that the Park Board has considered several methods of obtaining citizen input regarding City parks. The Board is recommending a written survey as proposed by Lee Mehrkens. Mr. Bisel moved to have the City proceed to do a citizen survey as outlined in Lee Mehrkens letter of January 26, 1988 for a fee of $3,950.00 and have the City Administrator set areas for polling, and also get Lee Mehrkens to present his proposal to the Council. Mr. Reinert seconded the motion. Motion carried unanimously. Consideration of a Proposal from the Rice Creek Trails Association - Mr. Schumacher explained that this organization presently maintains snowmobile trails in one of the City parks but has requested to change the route of that trail. The Park Board has reviewed the request and recommends approval and Mr. Volk has written a memorandum indicating that there would not be a problem with the request. Mr. Reinert moved to approve the recommendation with the stipulation that a Certificate of Insurance be sent to the City Office for the file. Mr. Bisel seconded the motion. Motion carried unanimously. This will be reviewed on an annual basis. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. ENGINEER'S REPORT - RON STAHLBERG Status Report on Second Avenue - Mr. Stahlberg noted the proposed improvement of 2nd Avenue because of the planned extension of sewer and water in that area. He noted that the Rice Creek Watershed District has recommended in their draft 509 Plan that wetlands be used for retention of storm water runoff. He suggested that the Council acquire right of way for drainage and holding ponds for the 2nd Avenue project. He gave his opinion as to where this ponding could occur. OLD BUSINESS Gaughan Companies Extension - The Gaughan Companies has written requesting an extension of the 180 day Exclusive Negotiations Agreement between the Gaughan Companies and the City of Lino Lakes. Mr. Reinert moved to approve this PAGE 12 i99 COUNCIL MEETING FEBRUARY 8, 1988 request. Mr. Bisel seconded the motion. Motion carried unanimously. Masterson & Company -- Additional Depository - Mr. Schumacher explained that the City has used this firm for several investments and asked that this firm be included in the approved City depositories. Mr. Reinert moved to approve this request. Mr. Bisel seconded the motion. Motion carried unanimously. Letter from Chief Campbell Regarding Hunting Comp] iits - Mayor Benson noted receipt of this letter and asked that consideration of hunting complaints be included on the agenda for the second meeting in April. NEW BUSINESS Mr. Bohjanen noted that he had attended the Public Hearing conducted by the Minnesota Transportation Finance Study Commission. He gave further information on this Hearing to Mr. Schumacher. Cable T V Porno Cleanup Project - Mayor Benson said this had been brought to his attention. Mr. Hawkins noted that there has been federal legislation that has pre - empted local regulation. Mr. Schumacher said a letter has been received from the Cable Commission on this matter. Mayor Benson noted receipt of a letter from Richard Taube expressing concern regarding the development prospects for Lino Lakes. Legislative Action Conference- Mayor Benson asked the Clerk to register him for this Conference. Mr. Reinert asked that he be registered as well. Mayor Benson asked Mr. Schumacher to put together some items that he specifically wanted addressed. Mr. Bisel moved to adjourn at 10:50 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. These minutes were considered and approved at a regular council meeting on February 22, 1988. MAR LYN . A IER ON :ENJ'o G B N 1 C1 ep ewrer M. or