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HomeMy WebLinkAbout08/22/1988 Council Minutes1 1 1 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 PAGE 1 173 1 7 4 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 2 1 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 3 176 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 4 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 5 177 E78 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 6 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 7 19 80 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 8 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 9 t 8 2 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 10 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 11 183 3 4 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 12 1 1 1 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 13 185 186 COUNCIL MEETING AUGUST 22, 1988 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 PAGE 14 1 1 COUNCIL MEETING AUGUST 22, 1988 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. PAGE 15 187 188 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. PAGE 16 1 1 1 1 1 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. PAGE 17 189 190 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 PAGE 18 1 1 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 PAGE 19 191 9)2 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 PAGE 20 1 1 1 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 PAGE 21 1 93 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 1