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HomeMy WebLinkAbout12/11/1989 Council Minutes (2)COUNCIL WORK SESSION DECEMBER 11, 1989 A work session of the Lino Lakes City Council was called to order by Acting Mayor Reinert at 6:12 P.M., Monday, December 11, 1989. Council Members present: Bisel, Bohjanen and Neal. Mayor Benson arrived at 6:30 P.M. City Attorney, Bill Hawkins; Engineers, Ron Stahlberg, Dan Boxrud, Darrell Schneider; Planner, John Miller; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. The purpose of the work session was to discuss assessment policy application and connection of one acre lots to the West Central Trunk Sewer and Water lines. Mr. Stahlberg explained that he had brought these matter before the Council about a month ago because he was not sure how to deal with several requests he had received regarding connection to the trunk lines. The Council had asked that a work session on this matter be set. Mr. Stahlberg noted that he had received a request from Steven Kyllander, 87 Fairmont to connect to the West Central Trunk lines. Mr. Kyllander's lot does not adjoin Sunrise Drive and therefore technically this property does met the criteria set in the policy for connecting to trunk lines. Mr. Bisel explained that this policy benefits only property that directly front on the trunk lines. If this property were to be connected at the revised rates, a precedent would be set and the City would be forced to allow other piece meal connections. Mr. Bisel suggested that if the Kyllander's were interested in getting sewer and water to their property, they should get a petition with signatures from their neighbors and then the utilities could be extended down Fairmont in an orderly manner. Mr. Stahlberg showed the Council on a map were trunk lines are now extended down Sunrise Avenue. He noted that probably in 1990, Sunnygate will develop Phase II adjacent to Sunrise Drive. Utilities will then be extended north up Sunrise Drive from Fairmont to Elm Street. Mr. Stahlberg asked if the Council wanted to see connection installed on the west side of Sunrise Drive in this block. He noted that Mrs. Anderson has already sent letters to these residents explaining this service will probably be available next year and asked them if they wished to petition for the service. To date three responses have been received. Two residents said that they did not want the services at any cost and one resident said they wanted the service. Mrs. Anderson will follow up and determine what the other seven lot owners wish to do. Mr. Reinert said that the City does not have a choice. The voters were adamant that the Charter be followed in its present form. Therefore, if there is to be any extension of utility lines, the City must receive a petition with at least PAGE 1 1 1 1 COUNCIL WORK SESSION - DECEMBER 11, 1989 51% of the landowners signatures for the project. Mr. Schumacher explained that if a petition is received with at least 25% of the landowners signatures on it, the Council must consider the petition. However, if the Council proceeds, and another petition is received from the same area with 51% of the signatures against the improvement, the matter is then dead. In the meantime, the Council may have expended some money in determining if the original request was a feasible project. This same thing could happen in several different areas and cost a great deal of money that cannot be recovered in an improvement project. The Council addressed the issue of landowners who own one acre lots who wish to connect their current residence to the trunk lines but do not want to subdivide their lots. Mr. Reinert noted that the Maple Grove representatives who addressed the Council a month or so ago allowed such connection requests. However at the time of development (splitting of the lot) all assessments were then levied. Mr. Reinert said he was not so sure that the City should not be forcing these lot owners to split their property and sell the new lots. This would force the payment of connection charges for the new lots and improve the bond fund for that improvement. He noted that as more trunk lines are extended throughout the City there will be more and more of these cases and he asked how much revenue is the City missing by not forcing development of the smaller lots. Mr. Reinert also asked if there were any advantages to the City in deferring the assessment for the potential lot splits. Mr. Schumacher explained that if there are too many smaller lots left unsubdivided in any one project, the improvement is not feasible. He also noted that if the Council did allow the smaller lots to be connected without being subdivided, it would be easier to get trunk lines extended through some established neighborhoods. This would be softening the blow to the one acre lot owners and allows the property owner to develop at his own pace. Mr. Stahlberg said that he felt it was important that before the second phase of the West Central Trunk lines is started that a policy on this matter be set. Then there will be no question or argument with the landowner. Mr. Bisel asked if it would be worth while to pursue the Charter Amendment one more time. It was noted that the amendment could be modified to satisfy some of the opponents. The amendment would allow landowners to opt out of an improvement making the amendment more acceptable. Mr. Schumacher recommended that the Council not approve any policy that would allow the landowner to opt out of an improvement until the Charter Amendment is passed and in place. Mr. Schumacher reminded the Council that when Mr. Marier was PAGE 2 COUNCIL WORK SESSION DECEMBER 11, 1989 on the Council and the public hearing was held for the West Central Trunk Lines, he told the residents that if the trunk lines went past their property and they did not divide and sell their lots, there would be no assessment. It would not be appropriate to change the policy at this point. Mr. Reinert asked if this is an isolated situation. Mr. Stahlberg explained that this is unknown at this time. Mr. Bisel asked if the City could afford to bankroll these assessments. He also noted that the City should be looking at where the trunk lines are going as well as how many connections can be made along the route. Mr. Reinert asked what other cities do with this situation. Mr. Stahlberg explained that most cities work under Chapter 429 not a Charter. This allow the cities to assess all property along the line. Mr. Bisel said that the Charter makes this City proceed with caution. Mayor Benson said he felt it was important to keep in mind where the trunk line is going. Mr. Stahlberg explained that the present landowners that will be on east side of Second Avenue when it is extended from Sunrise Meadows to Elm Street were told at the public hearing that if they did not subdivide their lots, they would not have an assessment. Mr. Bisel said he thought they would be grandfathered. Mayor Benson said that this would be setting a precedent, however it was a method of getting the trunk lines to an area that is to be developed. Mayor Benson said he would not object if the Charter Commission considered the Charter Amendment again. Several items could be modified or changed. Mr. Bisel said some fine tuning could be done. The worst thing that could happen is that it would be placed on the ballot at next Novembers general election. Kyllander Request, Policy for Connecting Residences Not Adjacent to Trunk Lines - Mr. Stahlberg was told that this does not fit into the policy established by the Council and if the Kyllander's wish, they can petition with their neighbors for extension of lateral lines to their properties. The Council will enforce the policy for all properties, only properties adjacent to a trunk sewer or water line fit into this policy. Assessment Policy for One Acre Lots Adjacent to Trunk Lines Who Do Not Want to Subdivide - The Council felt that this needs further study and asked that a work session be set. At this work session the Council will need information such as how many parcels are involved and in how many areas would this become a concern. Mayor Benson noted that the Council will have to decide how many residential lots will be made available in the next PAGE 3 1 1 COUNCIL WORK SESSION DECEMBER 11, 1989 three to five years. This will have an impact on division of current lots. East Side of Second Avenue, North of Sunrise Meadows, Will the One Acre Lots be Allowed to Connect Without Subdividing - As was noted earlier, this matter is grandfathered. West Side of Sunrise Drive Across From Sunnygate, Will Connections be Installed and Residents Allowed to Connect if They Elect To Do So - Mrs. Anderson will follow up on the letter sent to residents of this block and determine if there is at least a 51% interest in connecting to the trunk line. This information will be brought back to the Council. Mr. Bisel moved to adjourn at 7:08 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered and approved at a regular Council meeting held on December 26, 1989. , Marilyn Anderson, Clerk- Treasurer PAGE 4