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HomeMy WebLinkAbout08/28/1989 Council Minutes (2)1 1 COUNCIL MEETING AUGUST 28, 1989 25? The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:02 P.M., Monday, August 28, 1989. Council Members present: Neal, Reinert, Bisel. Council Members absent: Bohjanen. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg and Dan Boxrud; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, August 14, 1989 - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Mr. Neal asked that the service of legal papers on the Council during this meeting be recorded in these minutes. The motion was amended and carried unanimously. Regular Council Meeting, August 14, 1989 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENT, AUGUST 28, 1989 Mr. Bisel moved to approve the disbursement as presented. Mr. Neal seconded the motion. Mr. Reinert asked about the disbursement for police car washes. Mr. Schumacher explained the problems involved with washing squad cars at city hall. Mr. Bisel suggested that since the expense is rather large, Chief Campbell should consider asking for bids for car washes. Voting on the motion, motion carried unanimously. OPEN MIKE A lady in the audience asked for an explanation of this item and Mayor Benson explained this is where the public can bring items before the Council. The :items then are taken under consideration and scheduled for another Council agenda. CERTIFICATE OF COMMENDATION FROM ANOKA COUNTY FOR RECOGNITION OF RECYCLING EFFORTS Mr. Schumacher explained that Lino Lakes has met its goal in the recycling program and Anoka County has presented a plaque in recognition of the City's efforts. Lino Lakes is one of six cities out of twenty. two (22)cities who are receiving this recognition. Mr. Schumacher read the plaque and explained that it would be placed in a prominent place in the city hall. CONSIDERATION OF ABATING ASSESSMENTS ON UNDEVELOPABLE PROPERTY, RESOLUTION NO. 60 - 89 Mr. Bisel moved to approve Resolution No. 60 - 89. Mr. Bisel seconded the motion. Mr. Hawkins explained that this action 256 COUNCIL MEETING AUGUST 28, 1989 erases all assessments on these two lots. However, if in the future the lots become developable, they can be re- assessed. It was noted that the Army Corps of Engineers have proclaimed the lots unbuildable. Voting on the motion, motion carried unanimously. Resolution No. 60 - 89 can be found at the end of these minutes. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 56 - 89 Ordering Improvement and Preparation of Plans, West Central Trunk Sewer and Water Mains, Phase II- Mr. Stahlberg explained that the improvement hearing was held on August 14, 1989 and the improvement is a 100% petitioned improvement. This means that the Council can waive fifty (50) of the sixty (60) waiting day period. He explained the importance of timing on this improvement. Mr. Bisel moved to approve Resolution No. 56 - 89. Mr. Neal seconded the motion. Motion carried unanimously. This resolution can be found at the end of these minutes. Consideration of_Final Plat, Rohavic Oaks, Phase II - Mr. Stahlberg explained that he has reviewed the hard shells for this plat and noted that there were a couple of minor changes which have been completed. A public hearing will be held on September 11, 1989 regarding vacating a portion of an old street easement. The plat cannot be filed until this is completed. The developers agreement, letter of credit and review of the abstracts for a title opinion by the City Attorney are items that have not been completed. Mayor Benson asked Mr. Stahlberg if a surface water management plan has been completed for this area. Mr. Stahlberg explained that this plat is actually part of the Woodridge Estates area improvement so that drainage will be to the pond for that plat. There will be some drainage into a low area on the north end of Woodridge Estates. Mr. Bisel moved to approve the final plat for Rohavic Oaks, Phase II contingent upon acquisition of adequate easements for water drainage and obtaining the proper letter of credit, the developers agreement and the title opinion by the City Attorney. Mr. Reinert seconded the motion. Motion carried unanimously. Status Report - Parkview Estates, Ebensteiner - Mr. Stahlberg explained that grading plans and specifications have been completed and approved. He explained that he is concerned about providing services on the east side of Second Avenue where there will be subdivisions in the future. He said he would like this addressed in the developers agreement. Mr. Bisel asked if this area was in the MUSA boundary and Mr. Stahlberg said it was. There was no action taken on this 1 1 COUNCIL MEETING AUGUST 28, 1989 matter. 259 Second Avenue Update - Mr. Stahlberg explained that all soil data for Second Avenue has been submitted by Braun Engineering. Plans and specifications are currently being prepared and will be forwarded to the Council. Consideration of Final Plat, Sunnygate, Phase I - Mr. Miller explained that the Council approved the preliminary plat at the August 14, 1989 Council meeting with the addendum that the final plat would not be considered until all easements were obtained and final drainage plan for the area was in place. Mr. Miller asked the Council to reconsider this stipulation. It is expected that the final plat will be ready for consideration at the next Council meeting. However, it may take until the end of the year for the City to finalize the drainage situation. In the meantime the developer who has a large investment in this property is unable to continue with his improvements. Mr. Miller asked the Council to consider allowing the developer to come back before the Council to get approval of the final plat for Phase I so that he can put in his utilities and streets this fall and start construction on four model homes. Mr. Bisel noted that the drainage plan is for the entire area, not just this plat. He asked if easements could be obtained for just Phase I. Mr. Stahlberg explained that this is a long range extensive plan. Mr. Reinert explained that in any watershed, the people in the upper portion of the watershed are the least affected. Sunnygate is in the upper portion of the watershed. Mr. Reinert felt that by approving this request water would be dumped on the lower part of the watershed until easements were acquired and drainage plans completed. Mr. Miller explained that it will take four months or more for the developer to complete his utilities and streets and by that time the drainage situation should be well in hand. There would be no construction of new homes until next spring except for the four model homes. Mr. Reinert and Mayor Benson noted that the problem of drainage was brought before the Council when the Sunrise Meadow plat and Ulmer's plat were approved and said they felt the problem should be resolved before additional development was allowed. Mr. Bisel felt Mr. Miller was suggesting a compromise while the City installs the drainage system. Mr. Stahlberg noted that the Council has authorized the acquisition of easements and this is progressing. Also, the developer is coming in for approval of only Phase I. Mr. Miller said he would hate to see the developer penalized for something over which he has no control. Mr. John Peterson of Good Value Homes explained that their concern is to get the sewer and water mains in during this construction season. Good Value Homes would be willing to COUNCIL MEETING AUGUST 28, 1989 midigate any problems and could even delay the black top on the streets until spring when the drainage problem should be completed. He asked that they be allowed to construct the sewer and water mains, curbs, gutters and build up to four model homes. There should be minimal water runoff and explained that Good Value Homes would be willing to work with the City to phase in the area. Mr. Schumacher pointed out that financing the storm water drainage improvement is a real concern. In this situation the City will need all the participation possible to pay for the acquisition of easements and construction. Mr. Bisel moved that Phase I of Sunnygate proceed with the stipulation that utilities, streets, curbs, gutters and up to four model homes can be constructed and the balance of the plat will be subject to acquisition of easements for surface water management, in addition all documents; developers agreement, letter of credit and title opinion must be completed. Mr. Neal seconded the motion. Mr. Reinert asked if the model homes would be sold. Mr. Peterson said not until all ninety eight (98) lots are sold. Motion carried unanimously. Morehouse Property - Mr. Stahlberg noted that the Morehouse property has been sold for development. He explained that there are drainage problems in the area and this will be handled by an overall water management plan. He suggested that easements be obtained and everything be in place prior to platting. Mr. Bisel told Mr. Stahlberg that this was up to him and that he should get things going. PLANNING AND ZONING REPORT - JOHN MILLER Minor Subdivision, Michael & Janet Gianotti - Mr. Miller noted that the Gianotti's own a large rural lot adjacent to the Sunrise Meadows plat and has applied for a subdivision of the lot into four urban sized lots. The Planning and Zoning Board have recommended approval of the request and have asked that a Certificate of Survey be submitted indicating the location of the existing home. The survey has been received and was reviewed by Mr. Miller who noted that the house will be approximately six feet from the lot line. A variance for this side yard setback is required if the Minor Subdivision is approved. There was discussion regarding the previously platted one acre lots and how they can be subdivided when municipal utilities are available. Mr. Reinert expressed concern regarding how much of a variance the City should allow in the cases where the lot sizes will not meet the code regarding side yard setbacks or the current dwelling does not meet the ordinance requirements. Mr. Miller said that the situation in this area is so unique and recommended that each request be handled on an individual basis. 1 1 1 26,j COUNCIL. MEETING AUGUST 28, 1989 Mr. Bisel moved to accept the minor subdivision as described in the P & Z application No. 89 - 37 and grant a variance for 6.6 feet on the north side of the property of Tract D as presented and in addition that the property owner grant the easements shown on the accompanying map. Mr. Reinert seconded the motion. Motion carried unanimously. Site and Building Plan Review, Main Street Shoppes - Mr. Reinert moved to table this item. Mr. Neal seconded the motion. Motion carried unanimously. Site and Building Plan Review, WCCO Radio Satellite - Mr Miller explained that the applicant wishes to add an additional satellite dish to its site on Holly Drive. Mr. Miller gave a brief background explanation of this facility and noted that they have not completed all the items required on their previous request. The applicant has reviewed his status and has agreed to sell a portion of the 158 acre site. Also landscaping is being completed and will more than meet the requirements set by the P & Z Board. Mr. Miller said he expected a good working relationship with the applicant in the future. Mr. Rod Pierson of Midwest Cable and Satellite explained that he is attempting to clean up what someone else has left behind and noted that the trees will be planted immediately. Mr. Bisel said he drove past the area and noted the large berm. Mr. Pierson explained what the purpose of the berm was and said that trees or shrubs could not be planted on it. Mr. Bisel asked if trees could be planted along the east side of the satellite dishes and Mr. Miller said he had checked with DNR and was told that this is wetlands and could not be disturbed. Mayor Benson asked if the trees could be planted at the rear property line of the residents along Holly Drive. Mr. Miller suggested to Mr. Pierson that he visit with these neighbors about this proposal. Mr. Bisel moved approval of application No. 89 - 36 to Midwest Cable and Satellite and that the staff contact residents east of the satellite dishes and find out if they want additional screening on their property to include the four conditions set by the P & Z Board and outlined in P & Z minutes of August 9, 1989; if the building is eventually abandoned it shall be removed; agreement to sell the portion of the property that is not being used. Mr. Neal seconded the motion. Motion carried unanimously. Minor Subdivision, Carl Franzen - Mr. Miller explained that the garage on his property is located partially on his neighbor's land. To rectify this situation, the developer of the Bloom's Addition has agreed to purchase fourteen feet from the Hansen family and attach it to the Franzen property. The P & Z Board has recommended approval of this request. Mr. Bisel said he saw no problem with this request and moved 262 COUNCIL MEETING AUGUST 28, 1989 to approve P & Z application No. 89 - 36. Mr. Neal seconded the motion. Motion carried unanimously. Policy Change for Subdivision of One Acre Residential Parcels with Sewer Available - Mr. Miller explained that he expected that a rather large number of these types of subdivision requests will be coming before the Council in the next few years. He explained that about eighteen (18) months ago this Council increased the minimum lot sizes and this means that these lots are too small to meet the current subdivision regulations. The P & Z Board has recommended that minor subdivisions be allowed on these lots and also recommended revising the Zoning Ordinance so that a minor subdivision could be allowed if the request met two of three criteria; 1) width, 2) depth and 3) area. Mayor Benson asked if these minor subdivisions could be approved under the current ordinance. Mr. Hawkins said no, an amendment is required. This would give the P & Z Board a standard to work with. Mr. Stahlberg noted that corner lots could be a problem and Mr. Miller said he would present a plan to the Council. Mr. Bisel moved to authorize the City Planner to prepare a policy and bring the policy to the Council regarding those lots that may be subdivided in old plats: Mr. Neal seconded the motion. Motion carried unanimously. Policy Change for Large Parcel Subdivision in Rural Area - Mr. Miller explained that the P & Z Board met and worked on a plan to subdivide large parcels of land. They felt the current policy was cumbersome, expensive and expressed a desire to do away with ghost plats. They suggested that part of the escrow submitted at the time of a subdivision request be used to pay the City Engineer to prepare a map showing • where future city streets and easements would go and then the applicants would prepare easements for future use by the City. Mr. Bisel said that if this occurs, in essence, the City Engineer is acting as a planner and developer. Mr. Miller explained that the P & Z Board was interested in only major streets and if the future development does not conform to the easements that were granted, they could be vacated. Mr. Reinert asked if the City Planner has looked at what some other cities are doing and Mr. Miller said he had and the systems vary greatly. Mr. Bisel moved to allow the City Planner to prepare a policy change for large lot subdivisions. Mr. Reinert seconded the motion. Motion carried unanimously. LIAISON REPORTS Park Board, Mr. Neal Mr. Neal explained that Birch Park is just about completed. Planning and Zoning Board, Mayor Benson /Mr. Bisel - Mayor 1 1 263 COUNCIL MEETING AUGUST 28, 1989 Benson explained most items were covered this evening. He noted that the P & Z Board would like a work session with the Council and maybe with the EDC to update themselves on policies and procedures. The P & Z Board will put this on their agenda. Economic Development Committee, Mayor Benson /Mr. Bisel - This Committee has not met recently. Fire Steering Committee, Mayor Benson /Mr. Reinert - Mr. Reinert explained that the Committee had met this morning and they are making exceptionally good progress. The third draft of the Agreement was reviewed and he expected that the Agreement will be before each Council at their first meeting in September. Mr. Schumacher noted that the attorneys from all three cities have also reviewed the draft and their recommendations are being incorporated into the fourth draft. Mayor Benson referred to Mr. Bisel's recommendation regarding when a community reaches the point where it is providing 70% of the funding of the Fire District, the Agreement be reviewed. This was discussed and the Committee felt there are safeguards already included in the Agreement. Mr. Bisel said all he was asking for was that there be language saying that when a community reaches the 70% point this is a flag point. He also noted that Lino Lakes has a much larger potential for industrial and /or commercial growth and may reach the 70% point in the near future. Mayor Benson said he did not see Mr. Bisel's proposal as a "bail out" option, but rather a point when the Agreement could be reviewed. Mayor Benson said he would try again and explain Mr. Bisel's proposal to the Committee. OLD BUSINESS David Aras Easement - Mr. Bisel moved to accept this easement. Mr. Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Setting a Meeting with TKDA for the Purpose of Reviewing the Status of Current Public Improvement Projects - This meeting was set for September 11, 1989 at 5:30 P.M. Ordinance No. 07 - 89, Reducing the Planning and Zoning Board to Five Members, First Reading - Mr. Bisel moved to table this item. Mr. Neal seconded the motion. Motion carried unanimously. Beer License Request, Circle -Lex Lions Club - Mr. Bisel moved to approve this request. Mr. Reinert seconded the motion. Motion carried unanimously. 264 COUNCIL MEETING AUGUST 28, 1989 Proposed Property Tax Plan System - Mayor Benson gave this information to Mr. Schumacher. Celebrate Minnesota 1990 - Mayor Benson has received some information on this matter and gave it to Mr. Schumacher. Mr. Bisel moved to adjourn at 9:01 P.M. Mr. Neal seconded the motion. Aye. These minutes were considered and approved at a regular Council meeting held on September 11, 1989. Anderson, Clerk- Treasurer 265 CITY OF L1N0 LAKES RESOLUTION NO. 60 -. 89 RESOLUTION ABATING ALL PREVIOUS INSTALLMENTS, CURRENT INSTALLMENT AND FUTURE INSTALLMENTS FOR SPECIAL ASSESSMENT FUND NO. 948 ON PARCELS DESCRIBED AS PIN. 28- 31- 22 --12- -0047 AND PIN. 28- 31 -22 -12 -0048 WHEREAS, the two parcels described above are unbuildabl.e and cannot be sold by Anoka County because the - amount of the assessments far exceed the value of the lots, and WHEREAS, the City Counci 1 of Lino Lakes has met and heard and passed upon this abatement, and WHEREAS, it is in the best interest of the City of Lino Lakes and Anoka County to abate the assessments descr=ibed above on improvement Project 79 - 01, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. That the previous, current and future installments for Special Assessment Fund No. 948 on property described as PIN. 28- 31-- 22 -12- 0047 and PIN. 28-- 31- 22 -12- -0048 including any penalties and interest,, if any, are hereby abated. 2. The City Clerk is hereby authorized and directed to forward a certified copy of this resolution to the County Auditor of Anoka County for abatement. Adopted by the Lino Lakes City Council this 28th day of August., 1989. Benjamin G Benson, Mayor fij Marily Anderson, Clerk - Treasurer 1 2 6 b CITY OF LINO LAKES RESOLUTION NO. 56 - 89 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF -PLANS FOR WEST CENTRAL TRUNK SEWER AND WATER MAINS, PHASE II WHEREAS: WHEREAS: a resolution of the City Council adopted the fifth day of July, 1989, fixed a date for a Council hearing on the following described improvement: West. Central Trunk Sewer and Water Mains, Phase II published and mailed notice of the hearing as required by the Lino Lakes City Charter was given and a hearing was held thereon on the 14th day of August, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS: the petitioner for the :improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subd. 1 of Chapter 8 of the Lino Lakes City Charter, be reduced to ten (10) days, NOW THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. The improvement is hereby ordered as proposed in the Council resolution adopted the fifth day of July, 1989. 2. Ronald Stahlberg of TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 28th day of August, 1989. Benjam n G. Bensoi, Mayor evkA ilyn Anderson, Clerk- Treasurer 1