Loading...
HomeMy WebLinkAbout08/14/1989 Council Minutes (2)1 1 COUNCIL MEETING AUGUST 14, 1989 231 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:05 P.M., Monday, August 14, 1989. Council Members present: Neal, Bohjanen, Reinert, Bisel. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Planner, John Miller; Public Works Director, Don Volk; Administrator, Randy Schumacher and Clerk- Treasurer were also present. CONSIDERATION AND APPROVAL OF MINUTES Council Work Session, July 24, 1989 - Mr. Neal moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Regular Council Meeting, July 24, 1989 - Mr. Reinert moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Special Council Meeting, August 2, 1989 - Mr. Reinert moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. CONSIDERATION AND APPROVAL OF DISBURSEMENTS July 31, 1989 - Mr. Neal moved to approve these disbursements as presented. Mr. Bisel seconded the motion. Motion carried unanimously. August 14, 1989 - Mr. Bohjanen moved to approve these disbursements as presented. Mr. Neal seconded the motion. Mr. Neal referred to the disbursement on page 5 for Worker's Compensation for the Civil Defense Director. Mrs. Anderson explained that the Director is covered by this insurance when he is acting in the capacity of the Civil Defense Director for this City. Mr. Reinert questioned the payment of $75.00 to Blue Tow for towing the staff car. Mr. Schumacher explained that the Planning Secretary had the car in Plymouth on business to the Economic Development Committee and it stalled and had to be towed back to city hall. Voting on the motion, motion carried unanimously. OPEN MIKE Joseph Spetzman, 8171 Lake Drive- Mr. Spetzman asked the City Council to explain if a landowner is on the route of a planned sanitary sewer or municipal water line, will that landowner be notified individually of a planned assessment on his property or will there just be a notice in the paper. Mr. Hawkins explained that there will be the notice in the paper and each landowner who is planned to benefit from the service is notified by regular mail that his property may be assessed. Mr. Spetzman wanted to be assured that if an assessment was planned for his property, the City would 2 3 2 COUNCIL MEETING AUGUST 14, 1989 notify him individually. CONTINUATION OF PUBLIC HEARING - COMPREHENSIVE LAND USE PLAN AMENDMENT (MUSA BOUNDARY CHANGE) Mr. Miller explained that this public hearing is continued from July 24, 1989. At that time he explained that a number of changes were planned in the MUSA boundary in Lino Lakes. Three items have yet to be resolved and they are: 1), the west side of Sunrise Drive. Mr. Miller has visited with the residents and the majority of the residents do not want to be included in the MUSA area. 2) Mr. Harold Lehman, Birch Street had originally been very definite in his decision to be excluded from the MUSA area. He has recently changed his mind and now wishes to be included. Mr. Miller suggested that since he does not have plans for development of his property or to sell his property, he recommended that Mr. Lehman be deleted from the MUSA boundary until such time as there are specific plans for the property. 3) The northwest corner of Main Street and I35E was not included in the MUSA boundary area. Mr. Miller has been contacted by the landowner who has plans to develop the area and expects to present a development plan to the City in the near future. In addition, based on the results of the public hearing on July 24, 1989, Mr. Miller recommended that all of Carole's Estates, 2nd Addition be omitted from the MUSA area. Mr. Miller explained that he, Mrs. Anderson and Mr. Stahlberg have all visited with Metropolitan Council and the next step in this process is for the Council to make final changes at this point and then by a simple motion forward the Amendment to Metro Council for their review and suggestion. When the Amendment is returned and all final changes are completed, then the City Council should adopt a resolution approving the Amendment. Dennis Kollar, 7141 Sunrise Drive asked if anyone on Sunrise Drive was interested in obtaining sewer service. Mr. Stahlberg explained that there were several interested landowners. Mr. Volk has instructed Mr. Stahlberg to install services on both sides of Sunrise Drive. The reason for this action was to avoid the need to tear up the street in the future when services will be available to the landowners on the west side of Sunrise Drive. Although services were brought across to the west side of Sunrise Drive, the sewer services will not be available to the landowners because they are not in the MUSA service area. Peggy Skinner, 7073 Sunrise Drive asked if she sells her home will the mortgage company force her to connect to the services. Mr. Stahlberg explained that the mortgage company cannot force her to connect to the sewer service because it is not available to her. Mayor Benson further explained that 1 1 1 233 COUNCIL MEETING AUGUST 14, 1989 since her area is not in the MUSA area, the mortgage company cannot force a hookup. Ms. Skinner asked how long would it be before her area is included in the MUSA area? Mr. Stahlberg said that there is no set pattern. The City Council would have to make a request to Metropolitan Council for an amendment to the MUSA boundary and the City Council is not likely to do this until there has been enough interest) expressed by the landowners in that area. Mr. Kollar said he understood about the sewer situation but asked if the mortgage companies could force the landowners to connect to municipal water. Mr. Stahlberg said that they could do this. Mrs. Ginger Hill, 719 - 77th Street asked if Carole's Estates was in or out of the MUSA boundary. Mr. Stahlberg said it is out of the boundary. Mr. Bohjanen moved to close the public hearing at 7:23 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Ms. Rochelle Miller asked for clarification regarding whether or not Marilyn Drive was included in the MUSA boundary. Mr. Miller said it is out of the MUSA boundary. Mr. Bisel moved to send to the Metropolitan Council an Amendment to the Comprehensive Land Use Plan with modifications and changes as indicated by the City Planner in his August 9, 1989 memorandum. (Remove the landowners on the west side of Sunrise Drive from the MUSA boundary, remove the Harold Lehman property at 509 Birch Street, include the Northwest quadrant of I35E and County Road #14, remove all of Carole's Estates, 2nd Addition) Mr. Bohjanen seconded the motion. Mr. Bisel asked for a clarification regarding Sunrise Drive. Mr. Stahlberg explained that the entire area starting on the east boundary of lots facing Sunset Drive to and including all lots on the west side of Sunrise Drive are to be deleted from the MUSA boundary. Voting on the motion, motion carried unanimously. FOREST LAKE YOUTH SERVICE BUREAU Ms. Heidi Zapzalka and Ms. Shannon Jabas appeared before the Council to give them an update on the activities of the Bureau. Ms. Zapzalka noted the past problems in the Forest Lake High School and explained that they are trying to get matters on track by using a Youth Advisory Board. Ms. Jabas explained that the Advisory Board would involve the youth in the decision making process in areas that affect their lives. Mayor Benson asked Ms. Zapzalka if there are many Lino Lakes youth using Bureau services. Ms. Zapzalka explained that Lino Lakes has had the best turn out of youth. Mr. COUNCIL MEETING AUGUST 14, 1989 Schumacher asked if there is documentation regarding how many youth from Lino Lakes use the Bureau service. He asked that this information be sent to him. Mayor Benson noted that $1,000.00 has been budgeted for this service for 1989. He thanked Ms. Zapzalka and Ms. Jabas for coming this evening. PUBLIC HEARING - WEST CENTRAL TRUNK SEWER AND WATER MAINS, PHASE II Mayor Benson opened the public hearing at 7:33 P.M. Mr. Stahlberg explained the background of this improvement using the overhead projector. He outlined potential areas for sewer extension in the future and showed where Phase I ends. Mr. Stahlberg's map was color coded and he noted that the red areas were expecting services in the very near future. The intent of the present proposal (Phase II) is to get services to the area on Lake Drive south of Schwan's Ice Cream to serve the Manufacturers Outlet Mall. The proposed location of the route for Phase II takes into consideration that services will have to be extended northward in the near future to service the red area. Mr. Stahlberg noted that the green areas of the map are landowners who have already submitted petitions for service. Meetings have been held with the landowners and the route was established with their agreement. He noted two alternate routes were examined. If either of these routes were selected, this route would still have to be used to extend service to the north to service the red areas. Lorena Richards, 7691 Lake Drive explained that she owns the corner lot at 77th Street and Lake Drive. She asked if she would be assessed for both sides of her lot. Mr. Stahlberg explained the procedure. Mr. Neal asked how long the landowners have to pay the assessments and Mr. Stahlberg explained fifteen (15) years. Rochelle Miller, 7725 Marilyn Drive asked if Mr. Stahlberg met with only the people who are affected by this particular improvement. She asked why the entire area was not invited to meet with Staff because this will be a major inconvenience to everyone in the area. Mr. Stahlberg said he has met with every landowner who will be assessed. Greg LeVessuer, 698 - 77th Street noted that the Wahlberg and Barott properties are zoned commercial (only the Barott property is zoned commercial). He asked if the City will allow these properties to be rezoned for residential building. He noted that his property is zoned commercial and he had elected not to participate in the assessment because he thought he could not be rezoned for residential use. Mr. Stahlberg explained the issue is not how the property is zoned but who wants sewer and who does not. 1 1 COUNCIL MEETING AUGUST 14, 1989 Mrs. Richards explained that she will want to hook up to the utility lines and asked if it will cost her more to hook up. Mr. Stahlberg explained that her current proposed assessment does not include an assessment for front footage for the pipes. Mr. LeVessuer asked if the only reason the City wanted to put in the sewer line was for residential use. Mr. Stahlberg explained that the City does have a request for a residential plat for the Wahlberg and Barrot properties. However, the sewer will benefit both residential and commercial uses. Mr. LeVessuer asked why anyone would want sewer if they are not zoned residential? Mr. Stahlberg explained that the City has received a specific request from the two before mentioned landowners. Mrs. LeVessuer said if they do not hook up to the sewer line they will not be able to sell their land. She said she felt the City was putting restrictions on her property. Mrs. Peggy Skinner read a portion of the July 24, 1989 Council minutes which states that lending institutions may require the landowner to hook up to municipal water if it is available and the property is within the MUSA boundary. She felt this in effect is making those property owners hook up to the water line. Mayor Benson stated the City is not making anyone hook up, but cannot control what lending institutions require. Mr. Hawkins explained to the Council that they could adopt a formal policy that states when a property is outside of the MUSA boundary municipal water and sanitary sewer is not available. The landowner then can get a certified letter from the City office stating this policy. Ginger Hill, 719 - 77th Street asked if the utility route is approved will the area be rezoned for higher density or lower density housing? Mr. Stahlberg explained that there has been no planning regarding housing density. A person asked if the Council plans sewer lines through certain area with the idea of serving areas beyond where the lines are actually going. Mayor Benson explained that the City Staff has received inquiries from certain landowners about sewer and has met with them to get an idea of where future lines will go. Mr. Bisel noted that when landowners present a request to rezone or plat, the Council by law must consider the requests. Rochelle Miller said she disapproves of the route selected and residents in her area were not asked if they approved. Mr. Dennis Kollar asked if all easements have been cleared for this improvement before the start of the project. Mr. 3 COUNCIL MEETING AUGUST 14, 1989 Stahlberg explained that the project is planned for early next year and all easements will be cleared. Antoninette Anderson, 7713 Marilyn Drive said she also disapproved of the improvement. Greg LeVessuer asked if several lots on the north side of 77th Street would be assessed. Mr. Stahlberg explained that they were taken out of the MUSA boundary and services will not be available to them and they will not be assessed. James Sargent, 7702 Country Lane asked how close would the utility lines come to his property. Mr. Stahlberg explained that the lines would come to the back of his lot but he would have no assessments as long as he did not hook up. Mr. Reinert moved to close the public hearing at 8:02 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Stahlberg noted because of Charter requirements, no action can be taken by the Council at this time. He will have recommendations for the Council on the next agenda. PUBLIC HEARING — PRELIMINARY PLAT, SUNNYGATE, GOOD VALUE HOMES, INC. Mayor Benson opened the public hearing at 8:04 P.M. Mr. Stahlberg explained the location of the property and noted that the property was formerly owned by St. Joseph's Catholic Church. The preliminary plat has been reviewed by the City Planner, City Engineer, the Planning and Zoning Board and the Park Board. The City Engineer has recommended some changes and these items have been resolved. The plat will be developed in two phases, the first phase will follow the interceptor lines. Mrs. Kyllander, 87 Fairmont asked what size lots would be in this plat. Mr. Stahlberg explained 80' by 135' minimum and many of the lots would be larger. Mrs. Kyllander asked if the property was properly zoned for this type of development. Mr. Stahlberg said yes and the plat meets all current requirements for this zone. James Brandl, 7057 Rice Lake Court asked if there will be a holding pond within the plat. Mr. Stahlberg said no. Mr. Brandl asked if easements will be obtained. Mr. Stahlberg explained that he has a proposal for drainage for the entire section which will be discussed later this evening. Mrs. Fenno, 7172 Rice Lake Drive asked about traffic flow and if there were any plans to widen any streets in the area. Mr. Stahlberg explained that Second Avenue is proposed to be extended to Lake Drive. Mrs. Fenno asked if Second Avenue has been approved by the Rice Creek Watershed District. Mr. 1 1 23 COUNCIL MEETING AUGUST 14, 1989 Stahlberg explained that it has DNR approval. John Mesich, 7065 Rice Lake Lane noted that currently Elm Street is very dangerous. He asked that if a lot of traffic is going to be funnelled to that street, would paved shoulders be installed. Mayor Benson explained that several meetings were held with landowners along Elm Street and they were told that MSA funds were available to help upgrade Elm Street. The landowners were still opposed to upgrading the street. Mr. Mesich noted that they probably did not want assessments. Mrs. Fenno commented that at the time the City meet with the Elm Street residents they had no idea that there would be so many new homes built in the area. She suggested that maybe some landowners may have changed their mind if it could have been shown that there was some benefit to the property owner. She also stated that developers should pay a larger portion of the improvement of an existing street. Mrs. Fenno said she was not against improvements but did not want to be forced from her home. Mayor Benson told Mrs. Fenno that the Staff went through the improvements that were known and pointed out that there were MSA funds available and still the landowners did not want any part of the costs. Mrs. Fenno said that they were opposed to a $12,000.00 or $15,000.00 assessment. Mayor Benson said all options were presented to them. Mrs. Landers read from the minutes of a Special Work Session held by the Council in reference to the possible re-- alignment of Elm Street. She noted that this action would affect four homes along Elm Street. Mayor Benson explained that this proposal is no longer under consideration. It has been eliminated. Mrs. Skinner said that developers are coming into this City and making a lot of money. She asked why the citizens of Lino Lakes have to pay for streets to be widened to accommodate their development. Mayor Benson explained that the City is not widening streets. Mrs. Skinner said developers are getting rich and everything is being changed. She noted that the current residents have to live with added cars and narrow streets. Mr. Kollar asked what the plan is for Sunrise Drive. Mr. Stahlberg explained that for now there is no plan. The initial development is still one tier away from Sunrise Drive and this was done intentionally so that a plan for this street can be completed before the building begins. The plan has not yet been worked out. Mrs. Kyllander asked about traffic routed down Sunrise Drive. Mr. Stahlberg explained that this City is looking at things it never has looked at before. The Council will have to make decisions and adopt some policies. Mayor Benson noted that COUNCIL MEETING AUGUST 14, 1989 in the future, Sunrise Drive could be cul -de -saced near the south end and this would force traffic to use Second Avenue. Mr. Sargent asked why the Council could not force the developers to develop larger lots? Mr. Stahlberg explained that the City Code defines how large lots must be for each zone. The Council has to abide by the City Code. Mrs. Fenno said she agreed with Mr. Sargent and noted that when they moved in the lots were platted in one acre parcels. She said if the Council would listen to the residents they would understand that this is the kind of town that they want to live in. Nobody is against development, however larger lots are wanted. Mayor Benson said that developers cannot develop into one acre lots. The Metropolitan Council has dictated that the lots in Lino Lakes be either ten (10) acres or urban sized sewered lots. Lino Lakes can no longer be developed as it was in the Ulmer's Rice Lake Estates area. Mrs. Skinner said that she is frightened for the children and that she moved out here for piece and quiet. She asked that the Council make new developments accommodate the current landowners. Mr. Hawkins noted that there is a legal question as to whether or not the City can make a developer pay for improvements that do not directly benefit their property and brings some benefit to current residents. Mayor Benson noted that the Charter does not allow the Council to assess any property that is not proportionally benefited. Mrs. Skinner said then that if she wanted to make her road safer then she would be responsible for a portion of the cost. Mrs. Skinner asked why St. Joseph's Church sold their property. She was told that they received an offer they could not refuse. Mr. Tom Smith, 874 Oak Lane noted that development is paid for with City credit. He asked what would happen if a development does not sell. It was explained that the City is protected with a letter of credit for three years of assessment payments. During that three years the City has the ability to take the property and sell it and pay off the bonds. Residents are protected from having to pick up any of the development costs. Mr. Smith suggested that development be completed in phases to allow the City to determine if there will be any forfeitures. Mayor Benson also noted that the City Charter does not allow the City to pay any development costs (put costs on property taxes). Mr. Hawkins explained that the City has taken a very conservative approach to development financing. Mayor Benson explained that the City is looking at the overall growth of the City. This is done each year. Mr. 1 1 1 1 1 COUNCIL MEETING AUGUST 14, 1989 Smith asked if the new homes are being built for speculation or for private families. It was noted that almost all of the homes are financed before construction is begun. Mr. Davidson, 7149 Rice Lake Drive asked if Second Avenue was going right behind his lot. Mr. Stahlberg said yes. Mr. Davidson asked if he was going to be assessed. Mr. Stahlberg said no unless you elect to subdivide your lot. Mr. Davidson asked if he chooses not to subdivide his lot, will he be assessed. Mr. Stahlberg said no. Mr. Davidson asked Mr. Stahlberg to give him the name and address of a contact person at Good Value Homes. Mr. Bisel moved to close the public hearing at 8 :37 P.M. Mr. Bohjanen seconded the motion. Mr. Reinert said he was concerned about the drainage situation in this area and noted that easements still have not been acquired. Mr. Reinert asked if the City has to go to condemnation to acquire the drainage easements where will we put the drainage from this development? Mr. Stahlberg said the Council has adopted a policy to use wetland for storage and outlined the procedure. Mr. Reinert asked if this development was " putting the cart before the horse "? Mr. Dean Thoreson, 7040 Rice Lake Court explained that two months ago he was contacted about allowing the City to obtain an easement on his property. He was told that he would get further information within two weeks. He still has not been contacted. Mr. Reinert said he did not see how the City could move any further on the preliminary plat for this development without first acquiring the necessary drainage easements. A resident asked if he has given the initial easement, will he be asked to give further easements. Mr. Stahlberg said no and explained. Mayor Benson referred to a study prepared by Mr. Stahlberg and noted that when the drainage plan outlined in this study is implemented, it will take care of the entire area. Voting on the motion, motion carried unanimously. Mike Blegen, 7133 Sunrise Drive asked if the Sunnygate area could be rezoned to one acre lots. Mayor Benson explained that the Council does not have the ability to do this. Metropolitan Council has directed that Lino Lakes will be ten (10) acre lots or urban sized lots. Mr. Rosty asked why the Council could not make the sewered lots one acre. Mr. Miller explained that if the Council did this Metro Council would accuse Lino Lakes of exclusionary zoning to restrict home building to high priced homes. Mrs. Anderson, 7713 Marilyn Drive noted that this is a split community. In the Birch Street area, homes range from 239 COUNCIL MEETING AUGUST 14, 1989 $100,000.00 and up. She felt the Council was splitting up the community. Mr. Blegen asked if the residents have any say as to how many homes are built in Sunnygate. Mayor Benson explained that if a developer brings a preliminary plat that meets all of the requirements of the City Code the Council must consider it and approve or deny it based solely on the Code requirements. He noted that developers are property owners too and have rights as home owners do. Mrs. Skinner said she wanted the ordinances changed so that there would be fewer houses built in each subdivision. Rochelle Miller, 7725 Marilyn Drive asked if a builder is assessed an area and connection charge for the main trunk line. Mr. Stahlberg said yes in addition to all costs within their development including streets, water and sewer lines, storm water drainage and curbs and gutters. He noted that developers are charged for deep mains, municipal wells, overhead water storage etc. Robert Rettner, 729 - 77th Street asked what the difference was between R -1 and RX -1 sized lots. Mr. Stahlberg explained. Mr. Blegen said are you telling me that all lots in this Good Value plat are sold. Mr. Miller said no, but he did know of a plat in Lino Lakes where about one half of the lots were spoken for before the streets were completed. A gentleman asked what the price range of the homes in the Good Value plat would be. The engineer for Good Value explained that they would range from $80,000.00 to about $120,000.00 including the price of the lot. Darrell Quinnell, 7173 Sunrise Drive noted that a lift had been placed on Sunrise Drive about two years ago. Now with all of the construction traffic the street is being damaged. He asked if the contractor will be responsible for repair of the street. Mr. Stahlberg explained that the developer is responsible for damages. Mayor Benson asked Mr. Stahlberg for his recommendations on Sunnygate preliminary plat. Mr. Stahlberg said that the developer will have to pay his fair share for the acquisition of drainage and storm sewer easements. This plat has been before the P & Z Board and was approved. The question of whether to proceed or delay the preliminary approval prior to acquisition of easements will have to be answered by the Council. Mr. Bisel asked Mr. Hawkins if the Council could adopt the preliminary plat contingent upon acquisition of the proper easements. Mr. Hawkins said yes, but final approval cannot be granted until drainage easements are obtained. 1 1 COUNCIL MEETING AUGUST 14, 1989 Mr. Reinert asked how construction was allowed on the Sunrise Meadows plat before drainage easements were obtained. Mr. Reinert felt this was a critical situation and noted that he felt plat approval should not have granted until easements were obtained. Mr. Schumacher explained the problems regarding obtaining drainage easements in the past. He noted that a policy is being completed making it the responsibility of the City Engineer to prepare the easement documents and to forward them to the City Attorney who would hire an appraiser and then negotiate acquisition of the easements. If this process was not successful, then the matter would have to come back to the Council for their direction. Mayor Benson said the policy should include the stipulation that there would be not final plat approval until all easements are obtained. Mr. Bisel moved to approve P & Z application No. 89 - 30 contingent upon acquisition of easements for drainage and implementation of the drainage policy for the entire area. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONDITIONAL USE PERMIT FOR ARSENAL SAND, INC. Mayor Benson opened the public hearing at 9:00 P.M. Mr. Miller explained that this request is to allow the applicant to store material in concrete stalls behind the building at 454 Lilac Street. The P & Z Board has placed three stipulations on the application; 1) all material shall be- stored within a bay area with poured concrete walls, 2) the temporary sign be removed and a permanent sign erected and 3) no "reader board" signs will be permitted. Mrs. Anderson, 515 Lilac Street asked if there will be trucks loaded with bobcats, pickup trucks and other large trucks hauling from this business. Mr. Miller explained that Arsenal Sand has three trucks for their use. Mr. Bisel moved to close the public hearing at 9:02 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Miller noted that -CUP's are reviewed each year and if the applicant is not conforming to the permit the City has the right not to renew the permit. Mr. Reinert moved to approve the Conditional Use Permit for Arsenal Sand, Inc. with the conditions of the P & Z Board to be met as outlined. Mr. Bisel seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 51 - 89, Vacation of Easement, Sunset Oaks - 241 2 4 c "+ COUNCIL MEETING AUGUST 14, 1989 Mr. Stahlberg explained that David Roush, 140 Marvy Street has requested that the drainage ditch be relocated on his. property. This requires that the current easement for the ditch be vacated and a new easement be acquired for another location. Mr. Stahlberg noted that eventually he will have to look at the drainage for this entire area. Mayor Benson asked why this was not being done at this time. Mr. Stahlberg explained that the final overall drainage plan will depend upon what develops on the vacant property between this lot and the freeway. Mayor Benson asked why the Council is being asked to deal with just one situation? Mr. Stahlberg explained that is because he has had just one request. Mr. Bisel moved to approve Resolution No. 51 - 89. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson directed that all residents along this drainage area be notified of this action. Resolution No. 51 - 89 can be found at the end of these minutes. Resolution No. 59 - 89, Vacation of Portion of Easement, Rohavic Oaks, Phase II - Mr. Stahlberg explained that a portion of the street platted as Linda Avenue will have to be vacated prior to the registration of the final plat of Rohavic Oaks, Phase II at Anoka County. This action requires a public hearing and this Resolution is setting this hearing. It is basically a house keepping item and the legal description will be determined by the surveyor for this plat. Mr. Bisel moved to approve Resolution No. 59 - 89. Mr. Reinert seconded the motion. Motion carried unanimously. This resolution can be found at the end of these minutes. CONSIDERATION OF D. ERICKSON'S WILLOW POND - JOHN MILLER Mr. Miller explained that Jim Held was here this evening representing Mr. Erickson. He also explained that he has spent a considerable amount of time with individuals affected by this project. He saw many good things about the proposed development; good design, excellent, attractive and should have been a benefit to this City. Mr. Miller asked that this proposed plat with a number of changes be reconsidered by the Council. Some of the changes include; reduction in the number of units from 70 to 54 (this matches the density in the R -1 areas), an enlarged green area at the west end of the parcel, and added setbacks and landscaped buffers along Elm Street, creation of a trail system to the entire area including Sunnygate to Second Avenue. 1 1 COUNCIL MEETING AUGUST 14, 1989 243 Some concerns raised during the public hearing were rental units. The developer has agreed that there would be no rental units. He will also provide for a fiscally sound Homeowner's Association for maintenance of the common grounds. Mr. Hawkins outlined how this matter could be reconsidered by the Council. The matter could be referred back to the P & Z Board or one person who voted against the proposal may introduce a motion to bring the matter back for Council reconsideration. Mr. Neal asked if there was a playground or park in the plat. Mr. Neal explained that there are two areas of open green space for passive use which can be reached from Elm Street by a trail. Mr. Bisel asked if this area would be part of the City Parks. Mr. Miller said no. The Homeowner's Association would be responsible for the upkeep of this area. The developer would be required to pay the normal park dedication fee. Mayor Benson asked if anyone would have access to the green area through the trail system. Mr. Miller said no one would be "kicked out ". Mr. Mesich expressed concern about the traffic generated from the development noting that it is a "skinny" street and there is no provision for "stacking" vehicles. He felt the City could not continue to pack in people without doing something about Elm Street. Mr. Miller said that this proposal allows individual to bike, walk or jog without going out onto Elm Street. It will get rid of the worst traffic issue. The developer is giving up over two acres for transportation issues. Mr. Held noted that this development is "tied down" more than any development that he has ever been associated with. Mr. Miller also noted that Anoka County has said that if there is any improvement to Elm Street it will be to the south. A gentleman asked with all the traffic problems on Lake Drive and Highway #49, is a street light proposed for that area? Mr. Miller explained that the City is currently working with developers to help fund a street light in this area. Mrs. Landers explained that the people still do not want townhouses in this area. The people want bigger lot sizes for single family homes. Mayor Benson asked her if she would rather have thirty single family homes with not trails than the townhomes. Mrs. Landers said that the people are willing to give up all these things to get bigger lots. Mr. Miller explained that this is an excellent opportunity for the Council to review this matter again. 24 COUNCIL MEETING AUGUST 14, 1989 Mr. Quinnel, 7172 Sunrise Drive asked if there will be a jog on the south side of Elm Street. Mayor Benson told him that the Council is not aware of what the County has in mind for Elm Street. The County has stated that they do not want to do anything with Elm Street until after 1995. Mr. Thoreson, 7040 Rice Lake Court said he could not understand why the Council would want to reconsider this matter. Mr. Quinnell asked if any of the Councilmen live in this area. He asked why can't the Council listen to any of them? He said he liked his area as it is. Mayor Benson explained that the Council must deal with all issues. If this meets the ordinances, then the Council must address it. He noted that it is not always what the Council would like, but what the law tells the Council it must do. A gentleman asked Mayor Benson if he would buy a house in this area. Mayor Benson said yes if it had some trees and things that took him many years to provide on his lot. A gentleman at 7141 Sunrise Drive asked that this be tabled for one year. Mr. Reinert said his position stands and said he did not intend to make a motion to bring the matter back for reconsideration. PARK BOARD REPORT - DON VOLK Consideration of Request from Peltier Lake Association for Support - Mr. Volk explained that the Park Board did address the issue and agreed to send a letter of support. Money had not been budgeted in the Park Department and the Board did not act to provide financial support as requested. Mr. LeBlanc a member of the Rice Creek Watershed District Advisory Board addressed the Council on this issue. He explained what the RCWD hoped to show the MPCA that there is support by local municipalities in their grant application. He felt the study that would be financed by this grant would benefit all communities. Mr. Volk noted that the Park Board had expressed concern regarding whether or not Anoka Parks and the St. Paul Water Department were supporting this effort. Mr. LeBlanc said he is working on getting support from both of these units. Mr. Volk asked Mr. LeBlanc if this study will include all effects even as to what is happening downstream. He also asked if any consideration was given to upgrading the lakes. Mr. LeBlanc explained the study will determine how further damage to the watershed area can be prevented. 1 1 1 24 COUNCIL MEETING AUGUST 14, 1989 Mr. LeBlanc explained that the grant will pay 50% of the study and the RCWD will pay the remaining 50%. He is asking that the Council set aside some money to reimburse the RCWD for a portion of their 50 %. He must have an answer from the Council to RCWD by August 25th so that the proposal can be submitted by September 1, 1989. Mr. Latcham, 6925 LaMotte Drive said he felt that what Mr. LeBlanc was asking was minimal compared to the time and work that will be put into this study. He noted that there will not be another opportunity to get a grant. Mr. Reinert asked if the lake association has pledge anything toward this grant. Mr. LeBlanc said yes. After further discussion, Mr. Bisel moved to budget $1,000.00 in the 1990 budget for the proposed study contingent upon this study being selected by MPCA. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to continue the Council meeting until all items on the agenda are completed. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Changing Name of Park in D. Erickson's 2nd Addition to Birch Park - Mr. Volk explained that the Park Board would like to name all parks in the future. Mr. Bisel explained that the purpose of the name chosen, was to place location of the park within the name. Mr. Bisel moved to rename the park to Birch Park. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of Pulling D. Erickson's Letter of Credit and Holding all Building Permits Until Park Dedication is Fulfilled -- Mr. Volk explained that the Council had set a deadline of August 1, 1989 for completion of this park. He has met with the contractor who has said that by this Wednesday, all dirt will have been hauled into the park. He has pledged to continue to work until all work is completed. Mr. Bisel moved if the park is not completed by Friday of this week, the letter of credit is to be pulled. Mr. Reinert seconded the motion. Mr. Reinert felt this is getting to be a problem and the Council should set a policy stating that when a development is 50% complete all building will stop until the park dedication is completed. Mrs. Ruth Rector asked if this is the same developer who owns Willow Ponds. She was told yes. Voting on the motion, motion carried unanimously. Mr. Hawkins suggested that language be placed in the developers agreement regarding park dedication requirements. 246 COUNCIL MEETING AUGUST 14, 1989 PUBLIC WORKS DIRECTOR'S REPORT - DON VOLK Consideration of Hiring Public Works Foreman - Mr. Volk explained that he has advertised for and interviewed several candidates for this position. Three finalists were chosen and prioritized. The first candidate declined the position. He is recommending that the second candidate, Mr. Thomas DeWolfe be hired. Mayor Benson noted that Mr. DeWolfe lives in Northfield and asked if he would be moving to Lino Lakes. Mr. Volk explained not at this time. He will be commuting and he does have a friend to spend some days with. This friend works for the City of Mounds View. Mr. Volk also noted that Mr. DeWolfe is very excited about the position and will probably move to this area. Mr. Bisel noted that there is a probationary period and Mr. Volk feels Mr. DeWolfe is qualified. Mr. Bisel moved to approve Mr. DeWolfe as Public Works Foreman. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of Hiring Parks Superintendent - Mr. Volk explained that this is a new position. He has advertised the position, interviewed several candidates and has prioritized them. Mr. Reinert asked if these two supervisory people will be pitching in and doing hands on work. Mr. Volk said he was careful to explain to the candidates that they would be working side by side with their crews. Mr. Bisel asked where these two men fit in the salary plan. Mr. Schumacher explained that they were well above their range as are all union employees. These two employees will not be union but will he supervising union people. Mr. Bohjanen moved to approve candidate No. 1, Marty Asleson for this position. Mr. Bisel seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Adopting 1989 Non -Union Salary Adjustments - Mr. Schumacher explained that the ranges have been set and on August 2, 1989 the Council met and discussed Option A and B. Mr. Bisel proposed Option C at that time and Mr. Schumacher was asked to show what affect this plan would have. Mr. Bisel explained the purpose of his plan was to first get everyone within range and step two would be to get everyone in the proper place within the range. Mr. Schumacher explained that this plan would handicap those individuals with length of service. He said he would like to see everyone in range based on work experience and length of service. 1 1 1 1 24`1 COUNCIL MEETING AUGUST 14, 1989 Mr. Bisel said the first step is mandatory. He felt that in four months time, evaluations will be completed and all employees will be within range based upon their evaluation and length of service. Mr. Schumacher was asked how much money was budgeted for the salary adjustment. He explained $25,000.00. Mr. Reinert said he felt that at least a system will be in place. It will be up to the Council to see that the system works. Mr. Bohjanen explained that he favored Option B, which would provide salary increases in two steps. Mr. Schumacher explained that in Option A all was taken into consideration. Mayor Benson explained that the problem with Option A is that it is $10,000.00 over budget. Mr. Reinert said he felt that at least Option C brought more equity to those persons who do the day to day routine work. Mr. Bisel moved to approve Option C retroactive to January 1, 1989, with the salary adjustment for 1990 to be completed by first week in February, 1990. Mr. Reinert seconded the motion. Motion carried with Mr. Neal and Mr. Bohjanen voting no. Mr. Schumacher asked for clarification regarding three or four positions he felt were not adequately addressed by Option C. Mr. Bisel told Mr. Schumacher to go through the evaluation process and make his recommendations. He noted that Mr. Schumacher now has a system, now we must comply. Consideration of Filling a Vacancy on the Planning and Zoning Board Mr. Bisel explained that he has given this situation a lot of thought and felt that since the City has a full time Planner, it is not necessary to have seven Planning and Zoning Board members. Mr. Bisel moved to amend the City Code to reduce the Planning and Zoning Board from seven members to five members with those now serving to continue to serve out their terms. Mr. Bohjanen seconded the motion. Mr. Reinert noted that there are seven Park Board members. Mr. Bisel said he would also like to consider reducing the membership of that board. Mr. Bisel explained that reducing the size of these two boards will make the City Planner more accountable and streamline procedures brought before these boards. Mayor Benson said his concern was attendance and asked how Mr. Bisel planned to implement the reduction. Mr. Bisel explained that there are two terms expiring on December 31, 1989. He would suggest that no one would be appointed to replace them. Voting on the motion, motion carried unanimously. Mr. Jim Berg who lives on Sargeant Court has asked Mr. Volk 243 COUNCIL MEETING AUGUST 14, 1989 about the progress of upgrading East Ash Street. Mr. Schumacher will follow up on this matter. Mr. Reinert explained that he was concerned about the intersection of Lake Drive and Highway #49. He asked if five people have to be killed in this area before a stop light is installed? Mayor Benson explained that there will be islands located at this intersection, but things are moving slowly. Mr. Stahlberg noted that SEH is working on this project. Status Report on Surface Water Management Plan Affecting Section #18 and Section No. 19 - This was talked about earlier this evening. Mr. Schumacher explained that he wanted the Council to know where the City is at in providing this policy. This plan is not for one or two developments, but for the entire two sections. Residents who will be affected and landowners where easements are expected to be placed will be contacted shortly. Mr. Schumacher explained that the Plan has been ready for some time, however due to the busy season nothing has been done. Mr. Stahlberg said that he understands that the surveyor and appraiser can now be told to proceed with implementing the. Plan. NEW BUSINESS Consideration and Approval of Gambling License for Blaine American Legion Post #566 - Mr. Bisel explained that this a veterans organization in Blaine and hoped they would reconsider since the location of the operation will be very near the VFW Club. He noted that the VFW provides a lot of dollars to this City and it appears that the Legion Club would be splitting off some of these dollars. Mr. Neal commented that maybe the Legion Club would consider donating $60,000.00 a year to the City as well. Tom Hamilton, Gambling Manager for the Blaine Legion Club was in the audience and told about the agreement he made with Lee's of Lino Lakes. He felt that there was no money generated into the community from Lee's and that is why he pursued the matter. The Club is also requesting a waiver of the sixty day waiting period. Mr. Bohjanen noted that the Legion Club is a sister organization to the VFW and many of the VFW members are also members of the Legion Club. He noted that the VFW of Lino Lakes would have a hard time obtaining a gambling license in Blaine. He hoped the ordinance could be amended to prevent further such occurrences. Mr. Jon Latcham questioned whether or not Lino Lakes is collecting enough money to defend itself in event there is a lawsuit filed against the City on a gambling related matter. 1 1 249 COUNCIL MEETING AUGUST 14, 1989 Mr. Hawkins explained that the City is collecting money for such an event. However, there are state statutes that regulate the amount of money the City can collect. Mr. Hawkins also noted that there are provisions in the ordinance that allows the City to recover all costs. M -r. Latcham said that he has been in on many court cases and they are very costly. Mr. Bisel explained to Mr. Hamilton that the purpose of the Gambling Ordinance was to prevent most of the gambling proceeds generated in Lino Lakes from leaving the City. The purpose was to support our own area. He said. he felt badly about a similar organization from outside of the City coming in and taking dollars out of the City. Tom Dougherty, Chairman of Post #566 introduced himself and noted that there are several organizations that have charitable gambling functions within a short distance of the Legion Club. It has not seemed to hurt the Legion. Mr. Bisel asked Mr. Dougherty how much money has the Legion Club donated to any cause in Lino Lakes. Mr. Dougherty did not know. However, he did say donations were made upon request. Mr. Bisel said that he is requesting a siren just like the two donated by the VFW Club. Mayor Benson explained that the Council cannot deny the license as long as all requirements are fulfilled. He suggested that the ordinance should be amended. Mr. Latcham asked if there was a limit on the number of sites one organization can use for gambling purposes. Mr. Hawkins said the ordinance does limit the number. No action was taken on this matter. Consideration and Approval of Block Party Request - Mrs. Anderson explained the party is planned for Andall Street between Woodduck Trail and Blackbird Lane. Mr. Bisel moved to approve the request. Mr. Bohjanen seconded the motion. Mr. Neal referred to the poor condition of LaMotte Circle. Mr. Volk explained that he has looked at the street and noted that the recent rains have made the condition worse. There was discussion of holding building permits on this street until the problem could be rectified. The developer has hired a soil engineer and the street is suppose to be brought up to its proper condition. It was noted that winter is coming soon and if the street is not improved, conditions will be serious in the spring. Mayor Benson asked Mr. Volk to determine what is being done and report back to the Council on this matter. Mr. Latcham expressed concern regarding dump trucks using the 230 COUNCIL MEETING AUGUST 14, 1989 City park for storage of material and driving across the area. Mr. Volk explained that the developer will have to reseed or sod the area when he is finished. After further discussion, Mr. Bisel moved to tell the developer to stop using park property for construction purposed. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Latcham said that it appears to him that the dirt stored on park property is being transported out of the City. Mr. Hawkins referred to the Summons served on the Council this evening and told the Council that he would review the document and respond to the court. Mr. Bisel moved to adjourn at 11:15 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 51 - 89 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF CERTAIN EASEMENTS ON LOT 3, BLOCK 12, SUNSET OAKS WHEREAS: David Rouch, 140 Marvy Street, Lino Lakes has petitioned to request the City to vacate certain drainage easements from his lot described above, and shown on the attached map, and WHEREAS: the request to vacate the easement as indicated on the attached map has been reviewed by the City Engineer and the Public Works Director and they have completed a plan to reroute the easement, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, September 11, 1989 at 8:00 P.M. to consider the request to vacate the easements as shown on the attached map. Adopted by the City Council this f August, 1989. -1 Benja Marilyn G' Anderson, Clerk- Treasurer Benson, Mayor 251 2 5 2 CITY OF LINO LAKES RESOLUTION NO. 59 - 89 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF A PORTION OF LINDA AVENUE IN ROHAVIC OAKS, SECOND ADDITION WHEREAS: a portion of the platted street Linda Avenue has now been replatted into a lot in Rohavic Oaks, Second Phase as shown on the attached map, and WHEREAS: this plat has been reviewed by the City Engineer, City Planner and Public Works Director and they see no problem with this plate, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, September 11, 1989 at 8:15 P.M. to consider the vacation of a portion of the easement for Linda Avenue as shown on the attached map. Adopted by the City Council this _ . day of Au•ust, 1989. a: Marilyn Benjami Anderson, Clerk - Treasurer Bens , Mayor 1,c s+ /!a� /l -gyp /„ - xo Y of' Occdr /'off 1c 3 74 - J'Et''OZ 0 /. /a ii F!tv / zevcd.va y recora.ec' E:v,4 -7°6, /.3'..91 C/l kf' +�, ,/+ M.scc;:'e.;r„ , Doc e efSeli ' ^g. °, 9� 051 ://, 3/2Z S 66' ° A[19 'f - -- -- 7C, 9G - -- t = -- — WHITE - fr /3/ 47 -- N66 ° ?8 '51" W - - O. ao °zES F M°,/ S'i � r Y r r oi° `J /7, E/■ 2, Re kav,r Ca kl KNOW ALL PERSONS BY THESE PRESENTS: That Peter V. Rosenthal, e single person, David A. Vickers, a single person and Gene L. Hevlisch and Rebecca A, Hav11sch, husband end wife, owners of the following describec property situated in the State of Minnesota end County of Anoka to wit: Thet pert of The City of St. Paul Water Board right - of -wey in the Northeest Quarter of the Southwest Quarter of Soctlon 31, Township 31, Range 22, Anoka County, Minnesota, lying north of e line extended westerly from tho most southerly corner of lot 17, Block 2, Rohavlc Oaks, said line being parallel with the south lino of said Rohavlc Oeks; and Lots 14 through 17 lncluslve, Block 2, Rohovlc Oaks, Anoka County, Minnesota and that port of vacated Linda Av.anue, es dedicated in said Rohavlc Oeks, lying west of the northerly extension cf the eest line of Lot 14, said Block. 2; and that Herbert C. Schoon and Berbaro J. Schoen, husband enc wife, owners of the following described property situated to the State of Minnesota end County of Anoka tc wit: That pert of Northeest Quarter of Southwest Quarter, Section 31, Township 31, Rance 22, Anoka County, Minnesota, described es follows; e piece of lend lying north of Roadway recorded in Book 306, Page 213 of Miscellaneous: Document Number 155498; south of St. Paul water Works property, Recorded In Book 9 of Deeds Pee 332; West St. Feul Water Works right of way, recorded In Book 9 of Deeds Paso 332; East of the west lino of St. Paul Water Works extended south to the Rcadway_1n Book 306 Page 213 of Miscellaneous, according to the plat thereof on file end of record in the office of the Register of Deeds in end for Anoka County, Minnesota. have caused the seine to be surveyed end plotted as FGhx /IC OAKS SECOND ADDITION and do hereby donate and dedicate to the public for the publlC use forever the road end drainage and utility uosemonts es sho ,'r. In witness whereof said Peter V. Rosenthal, e single person, hos caused these presents to be signed this day of 198 Peter V. Rosenthal In .witness whereof said Oav1d A. Vlck.Ers, e single person, hes ceu ed these presents to be signed this day of Ise David A. Vickers In witness whereof self Gene L. Hevl'.sch and Rebeece A. He,11sch, husband erd wifo, have caused these presents to be signed th15 day of , 198__ •Go.'/ hoc of m'4 of Set/i.; !'cc 3/, 77J, R7z STATE OF MINNESOTA COUNTY OF This instrument was ecknowle STATE OF MINNESOTA COUNTY QF This instrument was acknowlr STATE OF MINNESOTA COUNTY OF This instrument was acknowl, and wife. STA1E OF MINNESOTA COUNTY OF This instrument was ecknow and wife. I, Ernest G. Rud, here: that the plot is e correct monuments have been corr wet lands or public highway STATE OF MINNESOTA Za, COUNTY OF ANOKA The foregoing instrument registered land surveyor. CAD — �`6E V /a 9 - wkJ� h I t �: I 91 7 _ -_,.,_ 01 :-9 l - J�- /, oW ( I 5 - ---1! 9: J.' ' 4 ti� ' __J — i.�.'.: q\ 3 i 1 __j 11 YvaU I 11 rC JC __. �: 1 ^ //S Jr ti \� w 9 ,i- }LK-- `1 ��.' _/49/ /3/ 47 -- N66 ° ?8 '51" W - - O. ao °zES F M°,/ S'i � r Y r r oi° `J /7, E/■ 2, Re kav,r Ca kl KNOW ALL PERSONS BY THESE PRESENTS: That Peter V. Rosenthal, e single person, David A. Vickers, a single person and Gene L. Hevlisch and Rebecca A, Hav11sch, husband end wife, owners of the following describec property situated in the State of Minnesota end County of Anoka to wit: Thet pert of The City of St. Paul Water Board right - of -wey in the Northeest Quarter of the Southwest Quarter of Soctlon 31, Township 31, Range 22, Anoka County, Minnesota, lying north of e line extended westerly from tho most southerly corner of lot 17, Block 2, Rohavlc Oaks, said line being parallel with the south lino of said Rohavlc Oeks; and Lots 14 through 17 lncluslve, Block 2, Rohovlc Oaks, Anoka County, Minnesota and that port of vacated Linda Av.anue, es dedicated in said Rohavlc Oeks, lying west of the northerly extension cf the eest line of Lot 14, said Block. 2; and that Herbert C. Schoon and Berbaro J. Schoen, husband enc wife, owners of the following described property situated to the State of Minnesota end County of Anoka tc wit: That pert of Northeest Quarter of Southwest Quarter, Section 31, Township 31, Rance 22, Anoka County, Minnesota, described es follows; e piece of lend lying north of Roadway recorded in Book 306, Page 213 of Miscellaneous: Document Number 155498; south of St. Paul water Works property, Recorded In Book 9 of Deeds Pee 332; West St. Feul Water Works right of way, recorded In Book 9 of Deeds Paso 332; East of the west lino of St. Paul Water Works extended south to the Rcadway_1n Book 306 Page 213 of Miscellaneous, according to the plat thereof on file end of record in the office of the Register of Deeds in end for Anoka County, Minnesota. have caused the seine to be surveyed end plotted as FGhx /IC OAKS SECOND ADDITION and do hereby donate and dedicate to the public for the publlC use forever the road end drainage and utility uosemonts es sho ,'r. In witness whereof said Peter V. Rosenthal, e single person, hos caused these presents to be signed this day of 198 Peter V. Rosenthal In .witness whereof said Oav1d A. Vlck.Ers, e single person, hes ceu ed these presents to be signed this day of Ise David A. Vickers In witness whereof self Gene L. Hevl'.sch and Rebeece A. He,11sch, husband erd wifo, have caused these presents to be signed th15 day of , 198__ •Go.'/ hoc of m'4 of Set/i.; !'cc 3/, 77J, R7z STATE OF MINNESOTA COUNTY OF This instrument was ecknowle STATE OF MINNESOTA COUNTY QF This instrument was acknowlr STATE OF MINNESOTA COUNTY OF This instrument was acknowl, and wife. STA1E OF MINNESOTA COUNTY OF This instrument was ecknow and wife. I, Ernest G. Rud, here: that the plot is e correct monuments have been corr wet lands or public highway STATE OF MINNESOTA Za, COUNTY OF ANOKA The foregoing instrument registered land surveyor. CAD