HomeMy WebLinkAbout08/22/1988 Council Minutes1
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COUNCIL MEETING AUGUST 22, 1988
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:00 P.M., August 22,
1988. Council Members present: Neal, Bisel, Bohjanen,
Reinert. Council Members absent: none. City Engineer, Ron
Stahlberg; Attorney, Bill Hawkins; Planner, John Miller;
Administrator, Randy Schumacher and Clerk- Treasurer Marilyn
Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Work Session, August 8, 1988 - Mr. Bisel moved to approve
these minutes as presented. Mr. Neal seconded the motion.
Motion carried unanimously.
Regular Session, August 8, 1988 - Mr. Bohjanen moved to
approve these minutes as presented. Mr. Bisel seconded the
motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS - AUGUST 22,
1.988
Mr. Bisel moved to approve these disbursements as presented.
Mr. Neal seconded the motion. Motion carried unanimously.
OPEN MIKE
Richard Fenno, 7172 Rice Lake Drive - Mr. Fenno asked if a
Council votes immediately following the close of a public
hearing. It was explained that the Council receives public
testimony at the hearing. The hearing can be continued for
further testimony or further information requested by the
Council or a vote can immediately be taken.
Donna Carlson, 6808 East Shadow Lake Drive, Holding Ponds ij
Lakes Addition No. 3 - Mrs. Carlson has contacted Mayor
Benson and several city hall staff members regarding the
condition of the ponds behind her home and completion of the
requirements Regency Homes was to have completed as outlined
in 1985.
Mr. Uhde explained that he had purchased twenty nine lots in
Lakes Addition No. 3 and after considerable mitigation with
the DNR gave up two lots to increase the wetland areas. He
placed covenants on the lots and entered into a developers
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agreement with the City which required that a homeowners'
association be formed for maintenance of the ponds. In 1987
the pond banks were graded and seeded which did not take
hold. In the meantime homes were built and he could not get
back into the yards to reseed or sod. Mr. Uhde further
explained that about two and one half months ago the ponds
were turned over to the homeowners' association. He
outlined the concern of the homeowners' association of
aeriation verses chemical treatment of the ponds. The
homeowners' association recognized that aeration of the
ponds causes some liability for the association since there
will be open water during the winter. The banks were
another concern. The DNR had required a two to three foot
strip of vegetation around the ponds. The homeowners'
association has decided to let each homeowner decide how he
wishes to maintain his bank on the pond. One homeowner has
sodded his lot to the pond. Mr. Uhde will be reimbursing
this landowner.
Mr. Uhde will be giving the association $2,000.00 in cash
for the treatment of the ponds as well as regrading the
banks and reseeding. He noted that the four or five
original homeowners on East Shadow Lake Drive have not
become part of the homeowners association and he would like
to meet with them.
Mrs. Carlson said she was speaking for several concerned
residents and reviewed the manner in which the City had
issued a Conditional Use Permit (CUP) in 1985 to Mr. Uhde to
complete his project and construct the ponds. Mr. Uhde had
indicated at that time the ponds would be aerated and showed
pictures of other developments which showed how the pond
area would look when completed. Mrs. Carlson explained that
the pond area is now full of debris and also showed a sample
of the water and pictures of the area.
Mrs. Carlson explained she has requested certain documents
from the City Staff and has not received them. She also has
not received an answer to her letter to Mr. Schumacher.
Mr. Uhde outlined the benefits to the surrounding property
owners because of the installation of the ponds. These
benefits included increased property values and storm water
storage and runoff. He explained he had full time labor
cleaning up the area but was unable to prevent neighborhood
kids from scattering debris. He has agreed to clean the area
again and haul the materials away.
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Harold Carlson, 6808 East Shadow Lake Drive - Mr. Carlson
said that Mr. Uhde promised to turn over finished ponds to
the association. Now it is just a bunch of weeds. Mr. Uhde
explained that the area Mr. Carlson is referring to is a
bank that is not on Mr. Carlson's property but is part of
the area that he will regrade.
Mr. Schumacher explained to the Council that the documents
Mrs. Carlson is requesting are not part of the office files
but were presented at the meeting by Mr. Uhde and were taken
by Mr. Uhde.
Robert Benning, 6788 East Shadow Lake Drive - Mr. Benning
said that prior to the development he maintained an area
behind his lot. It was grassy and the kids played there.
Now the area is unsightly and he noted that Mr. Uhde
promised to turn over a finished product to the association.
James Wagner, 6782 East Shadow Lake Drive - Mr. Wagner said
the pictures shown at the meeting had well groomed slopes
going all the way to the ponds. He said he wanted to meet
with Mr. Uhde soon and wanted this meeting set in tonight's
minutes.
Mrs. Carlson repeated the request for the documents outlined
in her letter of August 8, 1988. She asked if these
documents are not available, a statement be sent to her
saying so point by point.
Cathy Griffin, 6784 East Shadow Lake Drive - Mrs. Griffin
asked if the residents could meet with Mr. Uhde tonight.
Kevin Wills, 6817 Black Duck Circle - Mr. Wills explained
that originally the association was not aware of the
liability regarding aeration of the ponds. He did note that
the original residents were offered an opportunity to become
a part of the association but did not and are not paying for
the upkeep of the ponds.
Mrs. Carlson said that she had lived in the area twelve and
one half years and had maintained the area behind her home.
Mr. Uhde came in and did not work with the original
residents. She said they are still willing to maintain the
area to the ponds but Mr. Uhde has not done what he promised
to do so that the area can be maintained. She said they
want to work with the City, the CORPS and Mr. Uhde but they
want something that he has developed.
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Mr. Wills explained that the association was not aware of
what had originally been presented. The association has a
legal responsibility for the ponds and felt there was danger
in the aeration method of treating them. Mrs. Carlson said
she felt it was a legal matter because the CUP was issued
for aerated ponds and Mr. Uhde should be held to his
responsibility.
Mr. Reinert asked why the original residents were not
members of the association. They have no voice on what they
have to view on a daily basis. Mr. Hawkins explained that
Mr. Uhde did not have a method of requiring them to become
members of the association since this requirement is part of
the covenants of only the lots Mr. Uhde owned. However,
they could be offered membership. Mr. Reinert felt they
should be given the option. Mrs. Carlson said a problem
with joining the association is that they assume some of the
liability. She said their decision not to join was not a
matter of cost but rather they did not want the liability.
Mayor Benson told Mr. Uhde he was welcome to use the
conference room if he wanted to meet with the residents this
evening. He could then come back to the Council meeting
with whatever agreement is decided. Mr. Wagner requested
that this matter be on the next Council agenda. Mayor
Benson said it would not be unless there was some decision
on the matter that the Council could address.
INFORMATIONAL EXCHANGE - SHERIFF KENNETH WILKINSON
Sheriff Wilkinson explained he had requested tomeet with the
Council this evening to continue an effort to maintain and
strengthen effective communications between the Sheriff's -
Department and this City. He outlined services provided by
the Sheriff's Department and some plans for future services.
He felt his department had a good working relationship with
the Lino Lakes Police Department and asked the council if
they had questions or concerns they wanted addressed.
Mr. Reinert asked Sheriff Wilkinson to explain the Sheriff
Department's relationship to the local police departments.
Sheriff Wilkinson explained that their roll is backup in the
case of an emergency and in the case of a homicide the
Sheriff's Department investigators would move in and take
over the investigation. He explained in cases except death,
the local police department is in control.
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Mayor Benson asked Sheriff Wilkinson for his suggestions or
recommendations for keeping the channel of communications at
its peak. He explained he was concerned about the County
Park and asked how police matters will be handled when this
park becomes operational. Sheriff Wilkinson explained that
the park is patrolled by park rangers who are under the
jurisdiction of the Park Department not the Sheriff's
Department. He noted that when a law enforcement agency is
required, the Lino Lakes Police Department would be the
first responder.
Mayor Benson asked Sheriff Wilkinson about his future goals.
Sheriff Wilkinson explained his proposal for a prisoner
transport system. He noted the details of this proposal
have not yet been worked out.
Mr. Neal asked Sheriff Wilkinson if he was aware of any
changes planned for the juvenile detention center. Sheriff
Wilkinson said there is a proposal for a court room for
juveniles only at that facility and there is the potential
for several other changes which were not explained.
Mayor Benson asked Sheriff Wilkinson if he could identify
his number one need. Sheriff Wilkinson said that would be
difficult, some areas of the County need more marked patrol
other need prisoner transport. Each area has its particular
need. He also noted the Sheriff's Department does not
patrol areas that have their own police department.
Mayor Benson asked if there was anything this City could do
to improve communications. Sheriff Wilkinson explained
there already is very good communication. He noted that the
Chief's Association meets once a month and there is a joint
law enforcement council which also provides opportunities
for communication.
The Council thanked Sheriff Wilkinson for coming this
evening.
PUBLIC HEARING - ECONOMIC DEVELOPMENT PROPOSAL FOR REZONE OF,
CERTAIN LANDS TO COMMERCIAL AND INDUSTRIAL
Mr. Miller explained about a year ago the Economic
Development Committee was formed. They looked at different
options and the results were three conclusions: 1) this
Eity has a high tax rate, a greater base would possibly
reduce the tax burden to homeowners, 2) make sure there are
enough shopping opportunities in this community - the recent
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survey indicated concern about getting local shopping
stores, and 3) provide local employment by attracting new
employers. The committee looked at what is going on in
Blaine and Shoreview as well as in Lino Lakes. They also
studied what amount of land should be set aside for
commercial uses and has now recommended that additional
lands be rezoned. The question then remained, where should
these additional lands be located. The committee looked at
several criteria; 1) visability from highway, 2)
availability of sewer,, and 3) generally vacant open land
where owners were willing to sell. Two areas were looked
at; 35W and Lake Drive and 35E and Main Street. The
committee then made some specific recommendations and the
Planning and Zoning Board endorsed the recommendations.
Mr. Miller outlined the two areas recommended to be rezoned
in the 35E and Main Street area. The first is the Bill
Houle property. This may be premature so the Economic
Development Committee recommended that the Comprehensive
Land Use Plan be amended to allow for the rezone in the
future. The second area is south of Main Street and east of
35E near Acton Construction. This land may be rezoned for
mixed use and suggested that the staff meet with the
property owners to prepare a development plan and marketing
plan. Mr. Miller noted that at this time there are no
objections to this proposed rezone.
The second area proposed to be rezoned is near the
intersection of Highway No. 49 and Lake Drive. The property
is owned by George Reiling and is proposed to be rezoned
from R -1 to Neighborhood Business (NB).
Mr. Miller outlined the third area at Lake Drive and south
of 35W. He noted that the area has all the amenities, sewer
will be available and it is mostly vacant. The Planning and
Zoning Board has indicated that they want to see good clean
development for this area.
The area on the northeast side of Lake Drive and 35W and
bounded on the north by Oak Lane is a concern. The
topography is not flat, the land is low, there is poor
accessibility and there are many mature trees. Mr. Miller
suggested that this area be eliminated from the rezoning
plan.
Mr. Miller noted a problem with the proposed rezone area
south of 77th Street and west of Lake Drive. Currently part
of the property is zoned R -1 and the balance is zoned
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Suburban Residential. The landowners have petitioned to be
dropped from the rezone plan. He suggested that the Council
may want to drop this area from the rezone plan.
A third concern regarding the proposed rezone is the area
south of Sunset Oaks and north of 35W. Mr. Miller expressed
concern regarding the size of the parcel and noted it is
relatively inaccessible. He suggested that the Council may
want to drop this area from the rezone plan too.
Mr. Miller concluded that the Economic Development Committee
is looking at the overall picture for Lino Lakes. He
explained their recommendations are well thought out and
this public hearing will allow the residents to look at the
recommendations as well.
Mayor Benson asked if there were any comments from the
audience regarding the recommendations for the 35E and Main
Street areas. There were none. Mayor Benson noted that is
the best area to look at commercial development since most
of the land is vacant and there are not many landowners
involved.
Bill Houle, 8301 - 24th Avenue - Mr. Houle said he was
concerned about access to the freeway from 80th Street and
said our representative should be contacted to help provide
freeway access at that location.
Robert King, 198 Marvey Street - Mr. King said he was
speaking on behalf of all the other Marvey Street residents.
He presented a petition asking that the area south of Sunset
Oaks fronting on Sunset Avenue be eliminated from the rezone
plan. Mayor Benson said that this area has been considered
for condominiums or other multiple housing. Mr. King said
that he preferred that it remain single family residential.
Mr. Reinert noted that the area south of the prison is
sizeable and asked if the residents would be opposed to a
buffer of multiple housing between the industrial area and
the single family area.
Ann Roush, 140 Marvey Street said she has heard tonight that
some of the reasons for changing the area south of Marvey
Street from residential to commercial is because people
probably would not want to build near the prison or the
freeway. She pointed out that there are new homes on two
sides of the prison and new homes are being built right next
to the freeway in Blaine. She explained that the
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ampitheather is planned for one mile away and this would be
a one -two punch. There is already one industrial park in
the area and she said that is enough. Mr. Roush said there
would be no way that the Council could guarantee that the
commercial traffic would not use the residential streets.
Don Cisewski, 60 Marvey Street told the Council that if the
entire proposal could not be killed he would like some
agreement that would buffer the residential area and keep
the area south of Marvey Street residential.
Pat Leese, 74 Marvey Street told the Council there are
thirty five childredn in the Marvey Street area with no
place to play. She felt if commercial development was
allowed south of the prison trucks and people working in
that area would still use Marvey Street.
Penny King, 198 Marvey Street was concerned about where the
street would go in the parcel south of Marvey Street. Mr.
Miller pointed out a possible location. Mayor Benson said
he was looking at putting the street on the 4th Avenue side
of the prison. There would be no access from the commercial
area to the residential area. Mrs. King said there is also
a natural pond on the property south of Marvey Street used
for drainage.
Jim Hill, 298 Elm Street explained he works for the
Minnesota Department of Transportation (MnDOT) and he sees a
problem with a road that would exit onto Sunset Avenue north
of 35W because of the inability to see oncoming traffic from
the south on Sunset. He said there may also be legal
problems.
Marcey Cisewski, 60 Marvey Street said that if a road were
constructed through the back part of her property that would
make the back inaccessible for her. Mayor Benson explained
that there are no plans for developing the property yet, the
Council is just looking at the possibilities.
Don Cisewski, 60 Marvey Street said thirty five children
living next to an industrial area could reek havoc.
David Poush, 140 Marvey Street said he was concerned about
the entire area. He felt a buffer might help visually but
the neighborhood would still be affected by the noise and
asked if the citizens would have a voice in what would be
built in the commercial area. Mayor Benson explained the
proposal would come before the Council and a public hearing
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would be open to the public. He said he did not envision
any heavy industrial use for this area
Mr. Bisel asked if Mr. Poush would object to a corporate
headquarters and Mr. Poush said yes because of the traffic.
He said he wanted to see single family housing in the area.
Rezoning of the south side of 77th Street was discussed.
Sharon Jensen, 572 - 77th Street said that she and her
neighbors do not want to be zoned General Business and want
only one zoning. She noted that if their property remains
GB, they will not be allowed to add on to their houses and
explained the difficulty of selling the property. She asked
that their property be rezoned to Suburban Residential as is
the property across the street from them. Mrs. Jensen has
already presented a petition to the Clerk formally
requesting this change.
Tracey Douglas, 540 Lilac Street said that the VFW plans to
build on Lilac Street and she did not want them to build if
it means rezoning all the other property. She explained
that FHA and VA will not underwrite mortgages on homes on
non - residential property. She also asked Mr. Bohjanen to
abstain from the vote on the VFW request since he is an
officer in the VFW. She felt if the VFW were allowed to
build there will be problems in the adjoining residential
areas.
Peggy Orman, 545 Lilac Street said they already have trucks
going past her home. If the VFW is allowed it will abutt
her property and cause this already busy street to become a
real hazard. She said she was not crazy about all the
business zoning proposal for her area.
Francis Odenthal, 7748 Carole Drive explained that she is a
commercial appraiser and felt the site proposed for
commercial development south of Oak Lane and north of 77th
Street and east of Lake Drive is not a good site for general
business. There is poor access and poor visability. The
soils are also questionable and there is no sewer and water
available. She said she would like lower taxes but felt
this rezone proposal was not logical. She has not prepared
a petition but suggested more residents be informed of the
proposals.
Steve Wurscher, 915 Oak Lane agreed that this area is a poor
location for commercial property and noted that there is a
natural drainage area on that parcel. Mr. Wurscher said he
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liked the upgrading of Main Street but noted that there is
some real dumpy property along that street. He said he
would like to see some effort to channel some redevelopment
there.
Richard Lueth, 867 Oak Lane said he would rather see the
area turned into a wildlife refuge or park. He felt
commercial development should go north toward Waldochs.
Mary Jones, 830 Oak Lane explained that she owns eight acres
of the parcel proposed to be rezoned and she did not receive
a notice of the proposed rezone.
Mr. Miller explained that the Tagg property located
southeast of 35E and Lake Drive is proposed to be zoned all
GB to conform to adjacent property. He also noted the
proposal to rezone the Light Industrial areas west of Lake
Drive and south of 35W to GB.
Clair Wilson, 7191 Lake Drive asked what type of businesses
would be located in the GB areas. Mayor Benson explained.
Mr. Miller noted that the Tilsen property south of 35W and
west of Lake Drive is currently zoned residential. He also
noted that the school property is included in the rezone
proposal but explained a letter has been received from the
school district outlining their concerns and supporting the
Council in increasing the tax base.
Jim and Janet Hill, 298 Elm Street presented a petition with
eighty nine signatures opposing the proposed rezone. Mr.
Hill referred to a collector street proposed to be
designated a MSA collector street. He asked what criteria
is used to qualify this a MSA street. Mayor Benson
explained that the street has nothing to do with this rezone
public hearing. Mayor Benson noted that originally the area
was looked at for high density housing and that would have
required a collector street. Mr. Stahlberg explained to Mr.
Hill that the street he is referring to was already approved
by MnDOT and on the Lino Lakes state aid plan. Mr.
Stahlberg asked Mr. Hill if he had an alternate plan. Mr.
Hill explained.
Mr. Hill said he has talked to a lot of his neighbors. Most
of them are quite old and he said they were quite close to
trauma over this proposal. Mrs. Hill said a lot of the
neighbors asked what could be built in a Light Industrial
zone. She has obtained a copy of the City Code defining LI
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and noted there is not much of a requirement for a buffer.
She also said she is not in favor of a MSA street going
north along the cemetery. In addition she noted that the
seven county metro area would get 40% of the commercial tax
base.
Richard Fenno, 7172 Rice Lake Drive explained that most
people knew what the taxes would be when they purchased
property in Lino Lakes. He asked if it was really necessary
to rezone all this land to industrial. He asked the Council
to not rezone them to death, to keep it the same. He
explained that there are plenty of stores in Circle Pines
and gas stations and convenience stores were plentiful in
this area. As far as employment is concerned, people are
not going to change their careers just to work in Lino
Lakes. Mr. Fenno asked if this land was available and is it
planned to be serviced. Mayor Benson explained it was
always planned to be serviced but final routes have not been
planned.
Mr. Bisel asked Mr. Fenno if he had read the survey report.
Mr. Fenno said he read what was reported in the Circulating
Pines. Mr. Bisel suggested Mr. Fenno pick up a report.
Mark Suggs, 46 Marvey Street asked what is planned for the
east side of Lake Drive. It was explained that it is zoned
high density residential.
Mr. Karth said he was asked to represent St. Joseph's
Catholic Church this evening and relay to the Council that
the Church would like the land to remain in some form of
residential use.
Nancy Turbeville, 341 Elm Street explained she moved to Lino
Lakes eighteen years ago. She knew that the land adjacent
to her property was for school purposes and was concerned
about the possibility of the loss of the large pines and
deer and pheasants on that property.
Mr. Hill asked if the sewer route down 2nd Avenue was
finalized. Mr. Stahlberg said no.
A gentleman from Carole Drive asked who formed the Economic
Development Committee. Mayor Benson explained that it is a
committee appointed by the Council and the members have
varying backgrounds; business, constuction, housewives etc.
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The Council was asked if the Economic Development Committee
purposely proposes more commercial area than what is needed.
Mayor Benson explained how the Economic Development
Committee formulated its plan.
Mrs. Turbeville asked if any of the proposed rezoning is
near a Councilman's home. Mr. Bisel said some was near his
house. He complimented the Ecomonic Development Committee
and noted that they did not look at individual properties
but looked at businesses they would like in Lino Lakes and
then looked for areas best suited for them.
Mr. Fenno reminded the Council that they work for the
citizens and that is who they should be trying to please.
Darrell Shaw, 6800 Hodgson Road asked if the lands adjacent
to Rice Lake would also be rezoned. He noted there would be
problems with development there from the CORPs and the DNR.
Mr. Reinert moved to continue the public hearing until
October 10, 1988 to give the Economic Development Committee
a chance to define their recommendations and to determine
what other input is required. Mr. Bisel seconded the
motion. Motion carried unanimously.
Mayor Benson thanked the residents for attending this
evening.
Mr. Bohjanen moved to extend the meeting until all business
was completed. Mr. Neal seconded the motion. Motion
carried unanimously.
The Council took a recess at 10:10 P.M.
Mayor Benson called the meeting back to order at 10:18 P.M.
He noted a letter had been received from the City of Hugo
regarding the previous public hearing. He asked that they
be notified that the hearing was continued until October 10,
1988.
PUBLIC HEARING, REZONE PROPERTY IN SECTION 29 AND SECTION 32
TO R - 1X (SINGLE FAMILY EXECUTIVE) ORDINANCE NO. 14 88.
FIRST READING
Mayor Benson opened the public hearing at 10:20 P.M.
Mr. Miller explained this rezone was initiated by the
Planning and Zoning Board. They had become aware that the
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property was on the market. This was, not included in the
February rezone because the landowner had indicated the
property would not be for sale for about fifteen years. A
concept plan for the property had been presented to the P &
Z Board but had not been accepted. Mr. Miller recommended
that the property be rezoned R -1X so that the development
will be compatible with the dwellings being sold in Reshanau
Lake Estates South, to make use of the amenities including
mature trees and wetlands, to provide the added tax base to
support City services and to provide a better housing mix to
allow the City to meet Metro Council goals for a diversity
of housing opportunities. The P & Z Board has met again and
will recommend that additional lands in the area be rezoned
the same as this recommendation.
Steve Heiskary, 572 Arrowhead Court expressed concern
regarding the potential of filling in the pond on this
property and asked that an environmental worksheet be
required prior to construction.
Mike Pojau, 6255 Red Maple Lane asked for
the difference between R -1 and R -1X. Mr.
Mr. Pojar asked if the Council wanted all
expensive and also questioned the park in
Estates South. Mr. Pojar asked if Mr. Uhde purchased the
Montain property, could he build the type of homes he is now
building. Mayor Benson said that the Council is not aware
of any potential purchase by Mr. Uhde. The purpose of, the
rezone of the Montain property is to protect the current
property values.
an explanation of
Miller explained.
the homes to be
Reshanau Lake
Bruce Wolfe, 574 Arrowhead Drive expressed concern because
of what he had heard earlier this evening regarding the care
of ponds. He asked who would be responsible for ponds in
this area. He said filling in of wetland is a travesty. He
did not want people encroaching in this area. Mayor Benson
noted that people have the right to develop their property.
It is the responsibility of the City to be sure the
developer understands what can be done and to make sure the
work is done properly.
A gentleman asked if this will be a Uhde development. Mr.
Miller said the concept plan was from a different potential
buyer and it was not approved. The rezone plan being
considered tonight will increase the lot sizes which means
there will be less homes on the site.
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Mr. Pojar noted that the soils maps show some soils that are
worse than those in the Uhde development and under normal
conditions would create water problems. Mayor Benson said
that the Council is not considering a development plan
tonight, only the rezoning of the land.
Bill Schwind, 582 Arrowhead Drive asked if certain
development conditions could be included in the rezone
action. Mayor Benson said no that those considerations
would be part of the development plan.
Gary Barott, 681 Birch Street owns land adjoining the
western border of the Montain property. He had no problem
with the proposed rezone.
Mr. Pojar asked if R -1X includes executive condominiums.
Mayor Benson said no, only single family residences.
Mr. Bisel moved to close the public hearing at 10:45 P.M.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
Mr. Bisel moved to approve the first reading of Ordinance
No. 14 - 88 to rezone certain land in Section 29 and Section
32 from R -1 to R -1X and to dispense with the reading. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 14 - 88
AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO
LAKES BY REZONING CERTAIN REAL ESTATE TO SINGLE FAMILY
EXECUTIVE (R -1X)
1.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
Ordinance No. 2 of the City of Lino Lakes, Anoka County,
Minnesota, passed by the City Council on May 24, 1983 is
hereby amended by rezoning from Single Family Residential
(R -1) to Single Family Executive (R -1X, pursuant to the
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provisions of the Zoning Ordinance of the City of Lino
Lakes, the following described real estate:
The northwest quarter of the northeast quarter of
Section 32 and the southwest quarter of the southeast
quarter of Section 29, Township 31, Range 22, City of
Lino Lakes, Anoka County, Minnesota.
II
Save as above amended, said Ordinance No. 2 shall stand as
initially passed and as previously amended.
This Ordinance shall be in full force and effect from and
after its passage and publication according to City Charter.
Passed by the Council this 22 day of August
Matil
, 1988.
enjam G. Benson, ayor
. Anderson, Clerk - Treasurer
PUBLIC HEARING, CONDITIONAL USE PERMIT, SITE AND BUILDING
PLAN REVIEW AND REZONE REQUEST - VFW POST #6583
Mayor Benson opened the public hearing at 10:45 P.M. Mr.
Miller explained the location of the property is on the
north side of Lilac Street just west of Lake Drive. The
western portion of the land is zoned R -1 and the eastern
portion is zoned GB and the City Code requires that a CUP be
granted for the operation of a private club.
Mr. Miller addressed the site plan first. He noted the P &
Z Board's recommendations regarding plantings. The VFW has
objected to the large tree requirements in front of the
parking lot because they will hide the building. Mr.
Milleer recommended a substitution planting plan.
Mr. Reinert asked if the rezone was part of the fist rezone
consideration this evening. He noted that public hearing
had been continued and felt action on this request should
also be delayed until that rezone situation is resolved.
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COUNCIL MEETING AUGUST 22, 1988
Mr. Schumacher showed a map indicating the VFW property and
showed how the property is dual zoned. It was noted that
the VFW could build in the eastern portion since it is
properly zoned for the Club.
Tracey Douglay, 540 Lilac Street said by considering the
site plan before the proposed rezoning is putting the horse
before the cart. She asked that the Council protect her in
her zoning efforts. She said she is uncomfortable with the
VFW proposal because it will make the traffic problem in the
area worse. Mr. Bisel said he thought she was making an
unfair assumption in regard to the VFW. Mr. Reinert
suggested that since the Council has heard some testimony
that impacts this proposal the Council should postpone any
action on this proposal until something is resolved
regarding the area rezoning. He said the VFW plan may be a
good proposal.
Bruce Orman, 545 Lilac Street said he would like to see big
trees on the western portion of the VFW property which
abutts his property.
Patty Shipman, 907 Lois Lane noted that the VFW is at the
entry to her street and did not feel that it impacted her
neighborhood.
Richard Partridge, 540 - 77th Street said the new VFW would
be directly behind his property. He felt the noise and
lights would cause his property values to go down. Mr.
Bisel said it could also go up.
Cliff Hagen, 7974 - 4th Avenue told the Council that the VFW
purchased the land seven or eight years ago and they thought
the property was correctly zoned. Mr. Wahlberg had sold the
property to the Club expressly for the new Club. He also
noted that people behind the VFW property have large lots
and the Club would be a long way from the houses.
Peggy Orman, 545 Lilac Street asked which side of the
property the building will be located on. She said she
wanted large trees for a buffer.
Larry Anderson, 515 Lilac Street said he was not
particularily in favor of the VFW proposal. He expressed
concern regarding traffic especially at Lilac Street and
Lake Drive.
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COUNCIL MEETING AUGUST 22, 1988
Mr. Partridge said that although the building will be near
Lilac Street, he could not believe that all of the land to
the back of the property would not be used.
Mr. Bohjanen explained that he is the VFW Commander for the
fifth time and has no monetary interest in the Club. He
explained the VFW does a great deal in the public interest
and noted about $25,000.00 has been donated to the City for
parks and police department improvements in the last two
years. He noted that the present VFW has had one complaint
in the last twenty years.
Tracey Douglas said she is not against the VFW. She is
concerned about how it is going to affect her property
values. She asked if there are plans for ballfields and
ball tournaments. Mr. Bohjanen said this has not been
decided since the VFW does not know if they can use their
gambling proceeds to pay for the ballfield installations.
Mr. Bisel noted that if the building is constructed it would
be the highest valued building in Lino Lakes. Mr. Reinert
asked Mrs. Douglas if she is not against the VFW what is her
objection. Mrs. Douglas said she felt it was not an
appropriate location based on traffic levels and the people
who live there, especially if there are tournament
balifields. Mayor Benson said that by requiring a buffer
this concern should be eliminated.
Mr. Bisel asked Mrs. Douglas when she purchased her
property. Mrs. Douglas said two years ago. Mr. Bisel asked
if she knew that the property next to hers was owned by the
VFW. Mrs. Douglas said yes.
Mrs. Douglas asked what this building would do to the tax
base in Lino Lakes. Mr. Bisel explained.
Mr. Partridge asked if this proposal is accepted could the
back be fenced to prevent traffic from going through. He
said he thought the VFW was a great organization. Mr.
Bohjanen said no one in the VFW is opposed to buffering the
sides and back of the property.
Mrs. Douglas asked if the residential property is rezoned to
GB will this rasie their property taxes. Mayor Benson
explained it would not until something commercial was built
on the land.
Mrs. Jensen suggested that the VFW sit down with the
adjoining property owners and discuss their plans.
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COUNCIL MEETING AUGUST 22, 1988
Mr. Reinert moved to continue this public hearing until
September 12, 1988 and direct the VFW and neighboring
residents to sit down and work out a mutually agreed plan of
development. Mr. Neal seconded the motion. Motion carried
with Mr. Bisel abstaining.
PUBLIC HEARING, CONDITIONAL USE PERMIT REQUEST, ORFEI
CONTRACTING, INC.
Mayor Benson opened the public hearing at 11:19 P.M. Mr.
Miller explained this request is for a CUP to permit outside
storage in a Light Industrial (LI) zone. Orfei Contracting
has purchased five acres from Paul Miller of Acton
Construction and plans to construct a shop and office
building. The P & Z Board has recommended approval with
four conditions: 1) fire lane be maintained so that all
parts of the property are accessible to emergency vehicles;
2) no storage of flammable, toxic or hazardous material; 3)
storage shall be limited to equipment and material directly
related to the principle use, and 4) the CUP shall be
reviewed annually by the Council.
There were no comments from the public.
Mr. Bisel moved to close the public hearing at 11:21 P.M.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
Mr. Bisel moved to approve the P & Z Board application No.
88 - 14 the CUP for Orfei Contracting, Inc. Mr. Reinert
seconded the motion. Motion carried unanimously.
PUBLIC HEARING, TAX INCREMENT FINANCING PLAN
Mayor Benson opened the public hearing at 11:22 P.M. Mr.
Miller asked that this public hearing be continued since the
information was submitted to the bond attorney later than
expected and the plan is not yet ready.
Mr. Bisel moved to continue the public hearing to September
12, 1988. Mr. Reinert seconded the motion. Motion carried
unanimously.
CONSIDERATION OF THE 1987 ANNUAL AUDIT - ROB TAUTGES
Due to the length of this Council meeting, Mr. Tautges has
left. Mr. Bohjanen moved to table this item until the
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COUNCIL MEETING AUGUST 22, 1988
September 12, 1988 Council meeting. Mr. Bisel seconded the
motion. Motion carried unanimously.
ENGINEER'S REPORT - RON STAHLBERG
Request to Re- advertise Seal Coat Program, Resolution No. 66
- 88 - Mr. Stahlberg explained that there was a problem with
the specifications and asked the Council to consider
rebidding the Seal Coat Program. Mr. Reinert moved to
approve Resolution No. 66 - 88 rebidding the Seal Coat
Program. Mr. Bisel seconded the motion. Motion carried
unanimously.
CITY OF LINO LAKES
Resolution No. 66 - 88
RESOLUTION RESCINDING RESOLUTION NO. 61 - 88 AND ORDERING
ADVERTISEMENT FOR BIDS FOR THE 1988 SEAL COAT PROGRAM
WHEREAS,
WHEREAS,
there occured an error by ommission in the spec-
ifications for the 1988 Seal Coat Program,
the specifications have been corrected and a
corrected copy of the specifications for the
Seal Coat Program for 1988 has been placed in
the Clerk's office,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The bids received on August 8, 1988 for the 1988 Seal
Coat Program are hereby declared rejected.
2. The Clerk shall prepare and cause to be inserted in the
official paper and the Construction Bulletin an advert-
isement for bids upon the making of such improvement
under such approved plans and specifications. The ad-
vertisement shall be published for two days, shall
specify the work to be done, shall state that bids will
be opened and bids will be received by the Clerk until
10:00 A.M. on September 2, 1988, at which time they
will be publicly opened in the council chambers of the
city hall by the City Clerk and Engineer, will be
tabulated and will be considered by the Council at
7:00 P.M. on September 12, 1988 in the council
chambers. Any bidder whose responsibility is quest -
ioned during consideration of the bid will be given
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COUNCIL MEETING
AUGUST 22, 1988
an opportunity to address the Council on the issue
of responsibility. No bids will be considered unless
sealed and filed with the Clerk and accompanied by a
cash deposit, cashier's check, bid bond or certified
check payable to the Clerk for five (5) per cent of the
amount of such bid.
Adopted by the Lino Lakes City Council this 22nd day of
August, 1988.
n G
Benson, Mayor
MarilynUG. Anderson, Clerk- Treasurer
Status Report, 1988 MSA Project, Trunk Sewer and Water,
Sunrise Meadows Addition - Mr. Stahlberg has prepared a
letter to Mr. Schumacher dated August 22, 1988 explaining
the status of the above mentioned projects. Mr. Stahlberg
summarized his letter.
Mayor Benson referred to the 1988 MSA project and asked if
he has received any feedback on a proposed four way stop at
Lake Drive and 2nd Avenue. Mr. Stahlberg said no but he has
sent a letter to Jon Olson, County Engineer. Mr. Stahlberg
noted that if the Council were to go up Sunrise Drive with
the MSA street, the utilities would be deeper and there
would be a question as to whether or not it could get MSA
designation. He noted that from an engineering standpoint,
the revised 2nd Avenue location is the best.
Utilities for Sunrise Meadows - Mr. Stahlberg explained that
the developer is ready to proceed with developing his
subdivision and is waiting for the utilities. he said this
could be addressed further during the August 25, 1988
Special Council meeting.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
CONSIDERATION OF EXTENDING CABLE TV TO THE SOUTHEAST CORNER
OF LINO LAKES ACCESSED FROM WHITE BEAR LAKE - RESOLUTION NO.
b�? - 88
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COUNCIL MEETING AUGUST 22, 1988
Mr. Schumacher explained a petition had been received from
the residents of West Oaks for this service. Mr. Bisel
expressed concern that everything in Lino Lakes was piece
meal and that Lino Lakes will never get anything all
together. Mr. Schumacher noted that the agreement
stipulates that when cable becomes available from North
Central, the area will be rewired back into the Lino Lakes
franchise area.
Mr. Reinert moved to accept the proposal including the four
points outlined in Mr. Tesch's memorandum to the Council
dated August 16, 1988. Mr. Bohjanen seconded the motion.
Mr. Schumacher noted that the agreement could be drafted and
sent to White Bear Lake and they could turn it down. Voting
on the motion, motion carried unanimously.
CONSIDERATION OF FINAL PLAT, LAKEVIEW PLACE - JOHN MILLER
Mr. Miller explained this plat meets all the requirements.
The abstract has just been delivered to Mr. Hawkins. Mr.
Hawkins said he would also need a copy of the final plat to
complete his recommendations to the Council. Mr. Schumacher
explained that according to the check list everything is
completed.
Mr. Neal moved to accept the final plat of Lakeview Place
subject to the recommendations of the City Engineer, City
Planner and City Attorney and making Mr. Schumacher
responsible to see that all items are completed according to
the City check list. Mr. Bohjanen seconded the motion.
Motion carried unanimously.
Mr. Bisel said he has received reports that the developer of
this plat is driving on private property, park property and
driveways. He suggested that this developer tread lightly.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Beer License and Park Reservation, Circle /Lex Lions Club
Sandburr Days - Mr. Bisel moved to approve this request.
Mr. Neal seconded the motion. Motion carried unanimously.
Centerville Police Contract - Mr. Schumacher reported he has
met with the Centerville City Clerk and she noted that the
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COUNCIL MEETING
AUGUST 22, 1988
Council wants Section 11 of the Police Contract changed.
Mr. Schumacher has prepared a memorandum to the Council
dated August 17, 1988 indicating the new wording could read
"Officer in charge use his judgement as to what call takes
- precident ". The Council felt that in reality this is what
happens currently. Mayor Benson said he would be interested
to know how many times this has occurred in the past.
Mr. Reinert moved to reword the contract to read,
"professional discretion of the officer ". Mr. Neal seconded
the motion. Motion carried unanimously.
Block Party Request, Lois Lane - Mr. and Mrs. Gary Shipman
were in the audience to answer any questions the Council has
on this matter. Mr. Reinert moved to grant the Block Party
request for Lois Lane provided that the proper forms be
completed. Mr. Bohjanen seconded the motion. Motion
carried unanimously. Mayor Benson explained that access for
emergency vehicles must be maintained. Mr. Bisel supported
this event and said it is a good way to get acquainted with
your neighbors.
Gambling License Request, Rice Lake Trails Association - Mr.
Bisel explained he would like to place a moratorium on all
such requests until the new ordinance is in place. Mr.
Hawkins said that the City did not have an ordinance and
therefore the Council could not take such action. The
Council took no action on this matter.
Mayor Benson noted that the Centerville and Peltier Lake
Associations will be meeting at city hall on August 30,
1988.
A special council meeting was set for 8:00 A.M., Wednesday,
August 25, 1988.
A followup from Mr. Volk was requested on waste abatement.
Mr. Bohjanen moved to adjourn at 12:08 A.M. Mr. Neal
seconded the motion. Aye.
These minutes were considered and approved at a regular
council meeting on September 12 1988.
M ILYN G. ANDERSON BENJAMIN G. BENSON
Clerk- Treasurer
Mayor
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