HomeMy WebLinkAbout03/28/1988 Council Minutes (2)1
COUNCIL MEETING MARCH 28, 1988
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:08 P.M., March 28,
1988. Council Members present: Bisel, Bohjanen. Mr.
Reinert arrived at 7:30 P.M. City Attorney, Bill Hawkins;
Engineer, Ron Stahlberg; Public Works Director, Don Volk;
Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn
Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Work Session, March 14. 1988 - Mr. Bohjanen moved to
approve these minutes as presented. Mr. Bisel seconded the
motion. Motion carried with Mayor Benson abstaining.
Regular Council Meeting, March 14, 1988 - Mr. Stahlberg
noted several revisions to these minutes: page 7, 1st
paragraph, line 10, eliminate the first "the ", add "s" to
prblem and change "was" to "could be ". In the thirteenth
sentence, change "old Metro" to "old St. Paul ". In the
third paragraph, eliminate the second sentence.
Mr: Bisel moved to approve these minutes as corrected by Mr.
Stahlberg. Mr. Bohjanen seconded the motion. Motion
carried with Mayor Benson abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS, MARCH 28. 1988
Mr. Bisel moved to approve these Disbursements as presented.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
OPEN MIKE
Marilyn Elsenpeter, 850 Lois Lane - Mrs. Elsenpeter had
spoken at the last Council meeting regarding who is
responsible for monitoring ditches within Lino Lakes and
noted that the "buck pasing" on this matter has to be
resolved. She proposed that the Council consider an
ordinance that would mandate that this City annually monitor
the ditches that are not under City jurisdiction but are
identified primary to a drainage in all new plats and that
the City would notify the appropriate agencies when
maintenance is required. In addition, the City would
require developers to inform n =w residents of the new plats
that a maintenance fee may be assessed in the future by the
agency that has jurisdiction. She felt that it is important
PAGE 1
257
258
COUNCIL MEETING MARCH 28, 1988
that if the Council has approved a plat because drainage
will work in a particular manner, the City has the
responsibility to monitor the condition of these ditches and
to see that they function as they were designed. She noted
that if the Council did not consider her request she would
follow the City Charter and place the issue on a ballot for
the voters to decide.
Mayor Benson asked Mr. Volk if he monitored any ditches and
Mr. Volk said just those on City right -of -way. Mr. Volk
noted that the vast majority of ditches are on private
property and to implement an ordinance such as proposed by
Mrs. Elsenpeter would require easement acquisitions. There
was discussion regarding obtaining permission to inspect
ditches currently in existence and making sure that with new
plats proper easements are obtained for ditch maintenance.
Mayor Benson told Mrs. Elsenpeter the Council would take the
matter under advisement and asked that Mr. Hawkins and Mr.
Schumacher prepare a draft ordinance.
DISCUSSION ON STATUS OF FOXTAIL TRAIL - SHENANDOAH II, DON
VOLK
Mr. Volk has sent a memorandum dated Marcia 28, 1988 to the
Council regarding this matter. The memorandum includes a
four point recommendation for resolving this situation. Mr.
Gary Barott owns forty acres of land to the south of
Shenandoah II and has requested that the right -of -way known
as Fox Trail be upgraded to provide a better access to his
property. He explained that the developer of Shenandoah II
has subcut the right -of -way and this has created a low area
which holds water. The City has requested that the
developer raise the road bed to allow dry access to the
Barott property. The developer does not feel this is his
responsibility.
Mr. Barott is also concerned about storm water management
and felt if the right -of -way were not blacktopped it would
wash away during heavy rains. Mr. Volk's letter included
recommendations for rectifying this matter.
Mayor Benson noted that this problem was before the Council
last fall and he thought an agreement has been reached. Mr.
Volk said Mr. Marier was working on this just prior to his
death.
PAGE 2
1
1
COUNCIL MEETING MARCH 28, 1988
Mr. Stahlberg noted that part of the water flow problem is
related to the piles of dirt on Mr. Barotts property which
creates a dam for the water. Mr. Barott said he was not
sure if the piles of dirt were on his property.
Mrs. Barott asked if they should decide to develop their
property, would the developer of Shenandoah II, Mr. Glenn
Rehbein be required to extend utilities and complete Fox
Trail to her property line a distance of about 150 feet.
Mr. Stahlberg explained the ultimate plan for development of
the Barott property as well as surrounding undeveloped
property would tie into the Baldwin lift station. There
will be access from the south as well as from the area of
7th Street and Birch Street to Ware Road. There would still
be a need for an access from Fox Trail.
Mr. Jeff Knutson, attorney for Glenn Rehbein Excavating
explained that when Shenandoah II was developed an entry
street of about 250 feet was constructed and paid for by Mr.
Rehbein. Mr. Rehbein's position is that he paid for his
entry street and suggested others should do the same. Also
Mr. Knutson explained that Shenandoah II was constructed in
two phases. Nothing was brought up at the time Arrowhead
Drive was extended. That would have been the time to
require Fox Trail to be completed. No one told the
developer that Fox Trail should be included in the phase II
letter of credit.
Mrs. Barott explained that prior to the development of
Shenandoah II, they had a dry access to their property.
However, this access was not recorded and they cannot prove
that they had a legal access.
Mr. Bohjanen moved to approve the recommendation of the
Public Works Director and to set a deadline for completion
of the work for May 31, 1988. Mr. Reinert seconded the
motion.
Mr. Bisel asked if there were other situations like this in
Lino Lakes. Mr. Stahlberg said there were several including
Shenandoah III. He explained that in the future all stub
streets will be required to be completed to the property
line.
Voting on the motion, motion carried unanimously. Mr.
Reinert asked that item number four of Mr. Volk's
recommendation be completed as soon as possible.
PATE 3
259
260`
COUNCIL MEETING
MARCH 28, 1988
PUBLIC HEARING - 1160 MAIN STREET ASSESSMENTS, RESOLUTION
NO. 20 - 88
Mayor Benson opened the public hearing at 7:52 P.M. Mr.
Schumacher explained that the City has constructed a new
septic system at the above address and the purpose of the
public hearing is to hear testimony regarding the costs to
be assessed against the property.
The current owner, Kenneth Hanold was in the audience and
explained he has been informed about these proceedings.
There was no one elso to speak for or against the
assessments.
Mr. Bohjanen moved to close the public hearing at 7:55 P.M.
Mr. Bisel seconded the motion. Motion carried unanimously.
Mr. Bisel moved to adopt Resolution No. 20 - 88. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 20 - 88
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF 1160
MAIN STREET
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment
for the improvement of 1160 Main Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the pro -
posed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual in-
stallments extending over a period of fifteen years,
the first of the installments to be payable on or
before the first Monday in January, 1989 and shall
bear interest at the rate of nine ';9) per cent per
PAGE 4
1
1
COUNCIL MEETING MARCH 28, 1988
annum from the date of the adoption of this assess-.
ment resolution. To the first :installment shall be
added interest on the entire assessment from the date
of this resolution until December 31, 1988. To each
subsequent installment when due shall be added in-
terest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any
time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment
on such property, with interest accrued to the date
of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment
is paid within thirty (30) days from adoption of the
resolution; and he may, at any time thereafter, pay
to the City Treasurer the entire amount of the ass-
essment remaining unpaid, with interest accrued.to
December 31, of the year in which such payment is
made. Such payment must be made before October 15,
or interest will be charged through December 31 of
the next succeeding year.
4. The Clerk shall forthwith transmit a certified dupli-
cate of this assessment to the County Auditor to be
extended on the property tax lists of the County. Such
assessments shall be collected and paid over in the
same manner as other municipal taxes.
Adopted by the Council this twenty eighth day of March,
1988.
J)1112
Ben .mi G. Benson, Mayor
Maril n G. Anderson, Clerk - Treasurer
LAKEVIEW PLACE PLAT - CONSIDERATION OF PRELIMINARY PLAT -
RON STAHLBERG
Mayor Benson gave a brief background on this item. The
public hearing was held March 14, 1988 and several questions
were raised that needed answers.
PAGE 5
2 :61
262
COUNCIL MEETING MARCH 28, 1988
Mr. Stahlberg and Mr. Volk have reviewed these questions and
the questions are addressed in a letter from Mr. Stahlberg
dated March 22, 1988. Mr. Stahlberg first addressed the
traffic concern of the current residents on LaMotte Drive.
He noted that the road width is adequate, however the
structure is not there. It is not in good condition and
this problem is not going away. If the original LaMotte
Drive is rebuilt it could be assessed against current lots
as well as the seventeen new lots.
Mr. Stahlberg has met with MWCC staff and they indicate to
him that there is not a dry weather problem with the lift
station. There may be storm water infiltration. Concerns
of the residents were relayed to MWCC staff.
Mr. Stahlberg also presented a plat map that shows the
location of existing homes. He noted that the cul -de -sac is
790 feet in length and will require a variance. Mr.
Stahlberg also recommended that the outlot to the lake be
cleaned to obtain better drainage of storm water off of
LaMotte Drive.
Jim Heinz, 6918 LaMotte Drive asked why Mr. Stahlberg is
recommending a variance for the cul -de -sac. Mr. Stahlberg
said he does not agree with the present ordinance regarding
long cul -de -sacs and in any case there are several other
longer cul -de -sac in this City. -He also noted the other
answer is to construct a dead end street.
A gentleman asked who will be responsible for water backing
up from the subdivision onto his property. He felt the
drainage system did not sound to positive. Mr. Stahlberg
explained the elevations and felt the drainage system would
work. Mr. Heinz said he felt there was a good chance that
water would flow into his back yard. Mr. Roessler explained
that the subdivision will be graded so that drainage will be
toward the pond. Mr. Stahlberg said that a berm and swale
could also be constructed. He noted that the developer will
be responsible to be sure that the drainage works.
Mr. Heinz noted that the residents on LaMotte Drive do not
agree that the variance for the cul -de -sac should be
granted.
Mike Mastro, 1553 LaMotte Drive asked when the proposed
ditch cleaning project is to take place. Mr. Stahlberg
thought probably within the next two months.
PAGE 6
1
1
1
COUNCIL MEETING MARCH 28, 1988
John MacDonald, 6901 LaMotte Drive asked if the ditch will
be improved prior to the construction of the plat. Mr.
Stahlberg explained that RCWD has made the ditch improvement
a requirement for approval of the plat. RCWD wants to make
sure this is done.
Jon Latcham, 6925 LaMotte Drive asked for specific
dimensions regarding where LaMotte Circle enters LaMotte
Drive and where it is projected to come toward his property.
He felt that the plat does not project what is currently
there as far as the position of the current residences. He
felt that all homeowners in this area should bear some of
the concern for a portion of the road, not just his
property. There was further discussion of the position
where LaMotte Circle will enter LaMotte Drive.: It was
determined that the position of LaMotte Circle was set
because the house to the south of this street must be
granted the required setback from the street.
Glen Simonson, 1566 LaMotte Drive said he has checked and
found that the present LaMotte Drive would not meet state
aid standards. There are no sidewalks, it is narrow and
there will be increased traffic and this boils down to the
rights of the developer and the rights of the people living
there. It comes to a struggle between the people and the
City. Mayor Benson told Mr. Simonson that LaMotte Drive is
not a state aid road and there are quite different
specifications for that type of street. Mr. Simonson felt
this was a real valid problem and there was a better way to
do this subdivision. He said the subdivision is poorly laid
out, poorly developed and should be rejected.
Mr. Allan Irwin said he was speaking on his own behalf and
noted that he has nothing to gain either way. He expressed
concern about the long cul -de -sac and noted that Centerville
could restrict traffic and people in Lino Lakes would be out
of luck. He said the Council could approve the plat as
submitted and this would create a permanent dead end street.
The street platted as County Road could be extended to the
east. This would mean it would be in the ditch area and
would create double frontage lots. The County probably
would not approve of this either. He felt the best solution
was to extend the street as shown on a map he prepared and
vacate County Road. This would allow for a future road to
be extended to Centerville Road. This would meet all
concerns and not impose harsh restrictions on the developer.
PAGE
263
264
COUNCIL MEETING MARCH 28, 1988
Mr. Volk questioned the proposed walkway to Centerville's
park. It was noted that there is a five foot easement on
two lots. Mr. Reinert asked if anyone has talked to
Centerville about an easement to there park and what the
possibility is for extending this street to Centerville
Road. Mr. Stahlberg said no. Mr. Reinert said he felt it
was important for both cities to plan together. Mr. Bisel
agreed that some discussion with Centerville should take
place. Mr. Irwin said he has written to Centerville about
this matter. Mr. Schumacher said he has spoken to
Centerville about this matter and it is slated for
discussion at their next Planning and Zoning meeting.
Mr. Bisel was concerned about the capacity of the lift
station. Mr. Stahlberg said that MWCC says the pumps are
adequate to handle this addition. Mr. Hoffineister explained
that he had sewer back up to his basement three years in a
row. Mr. Mastro explained this may have been caused by the
power outage and and pumps had to be switched to alternate
power.
Mr. Roessler explained that he has been all through the
concerns and felt he would not be able to pacify everyone.
He asked if the street was extended to the Centerville line,
whats to say that Centerville will hook up to it? This
proposed plat meets all City ordinances and needs only one
variance. He said he looks forward to City approval. Mayor
Benson said that it is the responsibility of the Council to
address all concerns and make a decision or give direction
to the staff.
Mr. Reinert felt if the citizens along LaMotte Drive were
totally opposed to development, he would not agree with
this. The P & Z Board has spent time studying this and
there is differences of opinion. He was concerned that no
one has talked to Centerville and said he was not in a
position to vote on the matter until Centerville is
consulted and the lift station concern is addressed. He also
noted that when development comes some people are affected
more than others. The City has the responsibility to
approve development with the least amount of adversity.
Mr. Hawkins told the Council that if the street were
extended to the Centerville border, Centerville would have
no legal responsibility to hook up to it. However it would
have an obligation to consider this for goading planning
sense.
PACE 8
1
1
COUNCIL MEETING MARCH 28, 1988
Mr. Bisel agreed with Mr. Reinert and said if he had to vote
tonight, he would vote no.
Mr. Reinert felt that it should be determined if the lift
station is operating to capacity and also find out if the
City of Centerville is interested in extending a street to
Centerville Road.
Mr. Reinert moved to table the preliminary plat until these
two items are answered. Mr. Bisel seconded the motion.
Motion carried unanimously.
Mr. Hawkins noted that the tabling motion has no time limit
and explained that if the Council does not act on the plat
within a certain period of time the plat is automatically
approved. It was determined that action should take place
by the first of May, 1988.
Mr. Stahlberg said he would get a written statement from
MWCC on the capability of the lift station. Mr. Reinert
asked that Centerville be contacted for their input and this
information be given to the Council at the April 25th
Council meeting.
ENGINEER'S REPORT - RON STAHLBERG
Resolution No. 18 - 88. Ordering Feasibility Report for the
Area South of Baldwin Lake - Mr. Stahlberg explained the
area affected by this resolution. Mr. Bisel asked that Mr.
Stahlberg be more specific in future resolutions detailing
what improvements are planned. Mr. Bisel moved to approve
Resolution No. 18 - 88 and change the langauge to include
all City improvements. Mr. Bohjanen seconded the motion.
Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 18 - 88
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF
AREA THAT IS BOUNDED ON THE WEST BY THE CITY OF CIRCLE
PINES, ON THE SOUTH BY ASH STREET, ON THE NORTH BY BALDWIN
LAKE COURT AND THE REGIONAL PARK AND ON THE EAST BY HIGHWAY
#49 (HODGSON ROAD)
WHEREAS, it is proposed to improve the area bounded on the
west by Circle Pines, south by Ash Street, north
by the Regional Park and Baldwin Lake Court and
PAGE 9
265
266
COUNCIL MEETING MARCH 28, 1988
the east by Highway No. 49 (Hodgson Road) and to
assess the benefited property owners for all or
a portion of the cost of the improvement, pur-
suant to Minnesota Statutes, Chapter 429 and
the Lino Lakes City Charter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
That the proposed improvement be referred to Engineer, Ron
Stahlberg for study and that he is instructed to report to
the Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed improvement
is feasible and as to whether it should best be made as
proposed or in connection with some other improvement, and
the estimated cost of the improvement as recommended.
Adopted by the Council this 28th day of March, 1988.
Mar G. Anderson,
Cly G
.moo ANIP1
Benjamin G. Benson, Mayor
lerk- Treasurer
Status Report, Trunk Water Main - Mr. Stahlberg said that at
the last Council meeting he explained that there are three
methods of crossing Rice Creek with the trunk water main.
He was asked by the Council to give them the costs for each
method. He has asked for this information and as soon as it
is available he will give it to the Council.
The Council took a five minute break at 9:16 P.M.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
OLD BUSINESS
City Assessor - Mr. Schumacher referred to his memorandum of
March 14, 1988 in which he explained Mr. Johnson's two
PAGE 10
1
1
COUNCIL MEETING
MARCH 28, 1988
option for the 1989 assessment of this City. Mr. Schumacher
has checked further with the County to determine their costs
and if Lino Lakes could be re- evaluated in two years. He
felt the County option would be the best situation for Lino
Lakes since it would provide a consistant review of the City
and their people would be familiar with how the County
operates.
Mayor Benson asked Mr. Schumacher for his recommendation and
Mr. Schumacher said he would recommend going with the
County. Mayor Benson noted that had not been Mr.
Schumachers recommendation in the past and asked why he has
changed his mind. Mr. Schumacher said that having our own
assessor is no longer an economical situation. After
further discussion Mr. Bisel asked that the school
districts, RCWD and Anoka County be invited to the Board of
Review. Mr. Bisel moved to accept Option No. 3 from,the
City Administrator and that the County reassess in not more
than two years and the contract will be for six years. Mr.
Reinert seconded the motion. Motion carried unanimously.
Condition of Main Street - Mr. Reinert noted that an area of
Main Street is sinking away. Mr. Volk said this is becoming
a traffic hazard and he did call the County Engineer who
told him that he is assessing the problem.
NEW BUSINESS
Gambling License Request - Rice Creek Trails Association -
Mr. Bisel noted that this request gives the Trails
Association two licenses in Lino Lakes. He felt one license
in this City was enought. He was also concerned because
Lino Lakes does not have more stringent regulations.
Mayor Benson told the Council that he had talked to Mr.
Robert Mattson who had written an ordinance for Roseville
and said this person would come out and explain what was
done in Roseville so that City would benefit.
After further discussion of how the City could benefit from
issuing gambling licenses, Mr. Reinert moved to have the
City Attorney bring a recommendation for an ordinance to
Council at the earliest convenience and Mr. Schumacher have
a recommendation for a place for proceeds from gambling
licenses. Mr. Bisel seconded the motion. Motion carried
with Mr. Bohjanen voting no.
PAGE 11
267
268
COUNCIL MEETING MARCH 28, 1988
Mayor Benson asked that Mr. Robert Mattson from Roseville be
invited to address the Council and then a draft ordinance be
given to the Council for their review.
Fire Commission Audit - Mr. Schumacher explained that in the
past an audit committee has been established with members
from all three cities. The Fire Commission Chairman has
suggested that the audit be professionally completed for
1988. However there are no funds for this audit. Mr. Bisel
said he would like to see a professional audit. Mr. Reinert
suggested getting a professional audit every three years.
After further discussion, Mr. Reinert moved to do an in
house audit and request the Commission to consider including
funding for a professional audit in 1989 and every third
year thereafter. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
Ground Breaking, Custom Manufacturing - Mr. Schumacher noted
that the ground breaking will take place March 31, 1988 at
1:30 P.M.
Mr. Bisel complemented the staff on a job well done for
Builders Day. He said it was a great program.
Mr. Bisel acknowledged the Police Report and said it was
well done.
Mr. Bisel moved to adjourn at 10:01 P.M. Mr. Bohjanen
seconded the motion. Aye.
PAGE 12