HomeMy WebLinkAbout08/28/1989 Council Minutes (2)1
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COUNCIL MEETING AUGUST 28, 1989
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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
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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
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COUNCIL MEETING AUGUST 28, 1989
matter.
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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.
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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
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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
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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.
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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
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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
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Marily Anderson, Clerk - Treasurer
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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
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