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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