HomeMy WebLinkAbout01/22/1990 Council Minutes (2)COUNCIL MINUTES
JANUARY 22, 1990
The regular meeting of the Lino Lakes City Council was called
to order by Mayor Bisel at 7:00 P.M., Monday, January 22,
1990. Council Members present: Neal, Kuether, Reinert and
Bohjanen. Council Members absent: none. City Attorney,
John Burke; City Engineer's, Dan Boxrud and Darrell
Schneider; City Planner, John Miller; Building Inspector,
Pete Kluegel; Administrator, Randy Schumacher and Clerk -
Treasurer Marilyn Anderson were also present. Public Works
Director, Don Volk arrived later in the meeting.
CONSIDERATION AND APPROVAL OF MINUTES, JANUARY 8, 1990
Council Member Reinert moved to approve the minutes of
January 8, 1990 as presented. Council Member Bohjanen
seconded the motion. Council Member Kuether questioned
paragraph five (5), page seven (7). Council Member Neal said
that he did make the comment. It was noted that Council
Member Reinert did make the same comment during this
discussion. Voting on the motion, motion carried
unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS, JANUARY 22, 1990
Council Member Bohjanen moved to approve the disbursements of
January 22, 1990 as presented. Council Member Reinert
seconded the motion. Council Member Neal noted that travel
expenses appear for former Mayor Benson and asked if travel
expenses will continue to appear on the disbursement listing
rather than the payroll. Mrs. Anderson explained that since
Mr. Benson is no longer an employee, the expense was noted on
the disbursement listing. All current employees and Council
Members travel expenses will continue to be listed on the
payroll since this is a taxable item.
Voting on the motion, motion carried unanimously.
OPEN MIKE
Arlo Morehouse, 660 - 79th Street - Mr. Morehouse asked what
has happened to the sewer that was proposed for his area now
that the January 15, 1990 deadline has passed. Mr.
Schumacher explained that the developer has listed his
property for sale for a proposed manufacturers outlet mall.
The time limit for the culmination of this sale has been
extended from January 15, 1990 to April, 1990. He explained
that this matter will not be brought before the Council until
a developers agreement has been signed.
CONTINUATION OF DISCUSSION OF THE SUNSET ROAD SEWER AND WATER
RATE INCREASE AND APPROVAL OF RESOLUTION NO. 01 - 90
Mr. Schumacher explained that the public hearing on this
matter had been held at the January 8, 1990 Council meeting.
The public hearing was closed and the Council had asked that
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COUNCIL MINUTES
JANUARY 22, 1990
minutes regarding the improvement public hearing be
researched as well as other public meetings on this matter.
In addition, Staff was asked to provide copies of the Joint
Powers Agreement to the Council Members and other interested
persons. In researching the minutes, there was no mention of
any discussion on quarterly sewer and water user rates.
Mayor Bisel referred to a letter addressed to the Blaine City
Engineer and noted that the letter stated that Lino Lakes
would borrow money to cover the cost of those persons who
wished to connect to the Blaine improvement. Mayor Bisel
explained that this action made the improvement a Lino Lakes
project which was sublet to the City of Blaine. Council
Member Bohjanen said that he had the same understanding.
Council Member Neal referred to the Joint Powers Agreement,
page 2, section 5A. He noted that the Agreement is worded as
it should be and suggested that maybe the residents along
Sunset Road were not aware of the terms of the City Charter.
He suggested that someone explain the Charter to them and let
them know that the Council does not have a choice in the
matter of users quarterly rates. Mr. Schumacher explained
that the intent of the Charter is to make each enterprise
fund self supporting. If a resident receives a benefit, the
resident pays for the benefit and General Fund money cannot
be used to subsidize the system. Mr. Neal suggested that the
residents along Sunset Road call their neighbors who are on
the Charter Commission and ask them to explain the terms of
the Charter.
Ron Bennett, 6966 Sunset Road — Mr. Bennett explained that he
had received information from Mrs. Anderson and noted that he
had not been aware that there was such a thing as the Joint
Powers Agreement. However, he explained that at the public
meetings on this improvement, the citizens kept asking if
there would be other charges. Nothing was said about being
charged the Lino Lakes users rates rather than the Blaine
user rates. He also noted that there was no discussion
regarding a Joint Powers Agreement. Now three years later,
suddenly there is a Joint Powers Agreement. Mayor Bisel
explained that there could be no Joint Powers Agreement until
the system was completed and all the terms were negotiated by
the City Engineer and Staff. Mr. Bennett said, nevertheless
Blaine has been billing the residents for three years and now
Lino Lakes wants a piece of the cake. Mayor Bisel explained
that Blaine was in the middle of changing administrative
staff and this was all explained at the public hearing two
weeks ago.
Mr. Schumacher explained that a Joint Powers Agreement does
not come at the beginning of an improvement project. The
details and costs of the improvement have to be known then
after further discussion, the Agreement is written. Mr.
Bennett asked why it took three years to finalize the
COUNCIL MINUTES JANUARY 22, 1990
Agreement.
Mr. Bennett referred to a letter dated April 23, 1986
regarding the computation of assessments for the affected
properties. Mayor Bisel asked that assessments be referred
to the city hall. This meeting tonight only addresses users
rates, not assessments.
Mr. Bennett referred to the Joint Powers Agreement page two
(2) section 5 A regarding installing, maintaining and reading
water meters. He noted that Lino Lakes has done none of
this. He explained that he and his neighbors feel that they
are being penalized for using the Blaine utility system.
Mayor Bisel said that this Council is trying to be fair and
charge all Lino Lakes residential sewer and water users the
same rates. Mr. Bennett told the Council that he would like
his rates to remain the same as he has been paying the City
of Blaine. Council Member Neal noted that this City is
trying to make the change as easy as possible by spreading
the rate increase over a two year period.
Dennis Kohler, 7141 Sunrise Drive asked about where it says
that the City cannot charge more than the value of the
property. Mayor Bisel said that matter was discussed at the
public hearing.
Mr. Bennett asked if the City was subsidizing the sewer and
water system? Mr. Schumacher explained that a rate study was
completed about a year and one half ago and rates were
adjusted at that time to prevent the utility system from
being subsidized by the General Fund. He again noted that
the City Charter states that each enterprise is to be self
supporting.
Council Member Kuether asked what the City of Blaine charges
for the same services. Mr. Schumacher explained. Mr.
Bennett said in private business this would be called gross
profiteering.
Council Member Reinert asked Mr. Bennett what he would have
the Council do on this matter? Mr. Bennett said he wanted
the City to provide a service. Council Member Reinert asked
what Mr. Bennett would have the Council do in light of the
City Charter? Mr. Bennett asked when the Charter was
approved. It was noted in 1982. Council Member Reinert said
that the Council cannot disobey the Charter. He further
explained that Mr. Bennett was asking for preferential
treatment under the Charter. Mr. Bennett asked why should
the residents along Sunset Road subsidize the Lino Lakes
utility system? Mayor Bisel said the Council must operate
within the law.
Council Member Bohjanen explained that this could be
discussed all night but the same conclusion would be reached.
COUNCIL MINUTES JANUARY 22, 1990
Council Member Bohjanen moved to approve Resolution No. 01 -
90 and increase the rates along Sunset Road. Council Member
Kuether seconded the motion. On a roll call vote, motion
carried unanimously.
Resolution No. 01 - 90 can be found at the end of these
Council minutes.
PUBLIC HEARING - CONDITIONAL USE PERMIT REQUEST, DEAN QUIMBY
Mr. Miller distributed a letter from Mr. Quimby asking that
this item be removed from the agenda. Mr. Quimby is looking
for property elsewhere for his business.
Mayor Bisel opened the public hearing at 7:44 P.M. Council
Member Reinert moved to close the public hearing a 7:44 P.M.
Council Member Neal seconded the motion. Motion carried
unanimously.
Council Member Kuether moved to deny the request for a
conditional use permit. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE, PAUL
WOLTERS
Mr. Miller explained that Mr. Wolters operates A -Well on Lake
Drive and also owns the site of the former C and D Auto
Repair. Mr. Wolters wishes to build a 14'x40' office on the
front of the former auto repair building. In addition he
wishes to construct a 39.5'x 40' addition to the rear of the
building. A conditional use permit is required because the
construction is a pole type structure. A variance is needed
because the side -yard setback is only twelve (12) feet rather
than the required forty (40) feet. This request has been
reviewed by the former Planning and Zoning Board at three
different meetings. This Board recommended approval
dependent upon the completion of eleven different conditions
as detailed in Miller's memorandum dated January 11, 1990.
Mayor Bisel opened the public hearing at 7:48 P.M. There was
no one in the audience to speak to this issue. Mr. Wolters
was in the audience and said that he would agree to all
eleven conditions.
Council Member Kuether noted that during the discussions at
the Planning and Zoning Board meetings, the parking spaces
were to be moved. Mr. Wolters said that the parking spaces
will be moved to conform to the wishes of the Planning and
Zoning Board.
Council Member Reinert noted that this first condition
concerns cleaning the entire site. He asked if the current
condition was a violation of the City Code. Mr. Kluegel said
COUNCIL MINUTES JANUARY 22, 1990
yes, there have been problems with junk cars. Council Member
Reinert asked what assurance does the City have that this
condition will not re- occur? Mr. Wolters explained that the
condition of the area was due directly to the former C and D
Auto Repair and they are no longer operating from his
property. This will not be a problem in the future.
Council Member Bohjanen moved to close the public hearing at
7:53 P.M. Council Member Neal seconded the motion. On a
roll call vote, motion carried unanimously.
Council Member Neal moved to approve Option #1 to grant a
variance for construction within twelve feet of the south
property line as outlined in Planning and Zoning application
No. 89 -52 and to include the eleven conditions as outlined in
Mr. Miller's memorandum. Council Member Bohjanen seconded
the motion. On a roll call vote, motion carried unanimously.
Council Member Bohjanen moved to approve the Conditional Use
Permit for Mr. Wolters as outlined in Planning and Zoning
application No. 89 -57. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
PUBLIC HEARING - REZONE, 35 E CORRIDOR
Mr. Miller explained approximately one and one half years ago
the Economic Development Committee looked at issues regarding
commercial and residential taxes. The Council did adopt a
Comprehensive Land Use Amendment at that time. However, this
Amendment did not address commercial /industrial land issues,
only residential issues.
Mr. Miller explained that in 1989 according to the
Minneapolis Citizens League, residential taxes for an
$80,000.00 house in Lino Lakes was the ninth (9th) highest in
the State of Minnesota. Mr. Miller read names of cities
where taxes were lower and where taxes were higher. He also
compared Lino Lakes to its neighbors noting that Blaine rated
19th, Columbus Township 75th etc. Mr. Miller explained the
problem developers are having in selling residential property
in Lino Lakes with taxes as high as they currently are.
Mr. Miller explained the issue of attracting
commercial /industrial developers in Lino Lakes is even worse.
He noted that this problem affects all tax payers in Lino
Lakes. Mr. Miller used the overhead projector and explained
how much land is currently zoned for commercial /industrial
use. He noted that there are a lot of amenities in Lino
Lakes however, because of the lands set aside for regional
open space and because of the marginal lands, only about 8980
acres are developable and every tax dollar must come from
this acreage. He noted that more than one half of Lino Lakes
cannot be developed.
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Mr. Miller showed on the overhead projector how much land is
currently zoned commercial /industrial. He noted that the
Economic Development Committee has said that additional lands
are needed.
In 1988, some lands on the west side of Lino Lakes were
rezoned for these uses. Other parcels were proposed but were
not approved. At the same time, some lands on the east side
of Lino Lakes were noted in the Comprehensive Land Use
Amendment as set aside for future commercial /industrial
development. Mr. Miller noted these lands on the overhead
projector. These areas were set aside for two reasons; 1) to
prevent premature development at the interchange of 35E and
Main Street such as a Tom Thumb store or fast food chain, and
2) to set aside additional commercial /industrial lands for
future use. Although the Economic Development Committee had
recommended that the lands be rezoned, this was not done
because of problems concerning the housing currently in the
area. What would happen if a resident wanted to add on to
his house? What would happen if a truck terminal wanted to
locate adjacent to a residential dwelling? Where would
utilities come from? Some Committee Members felt it would be
a good idea to phase in the commercial /industrial development
from the south to the north as needed. Other questions such
as what would happen to the residents west of 20th Avenue.
Would there be a problem with noise, hours of operation, etc.
Mr. Miller explained that the notices of the public hearing
did cause a great deal of concern and he has already met with
several of the landowners. He asked that the Council take
public input this evening, postpone any action on the matter
until February and call a meeting with the affected residents
for Monday, January 29, 1990 at 7:00 P.M. Mr. Miller
explained that this could be a situation where everyone could
win. The people can be protected and the property can be
protected for future growth.
Mayor Bisel outlined the procedure for this public hearing.
He noted that the Council will not act on the matter this
evening but it will be brought back to the Council on
February 27, 1990. He asked that everyone conduct themselves
properly and respect the views of one another.
Mayor Bisel asked for testimony from residents with an
affirmative view. He asked that everyone limit their
testimony to three (3) minutes.
Mayor Bisel opened the public hearing at 8:27 P.M. Council
Member Neal asked if there was going to be a road constructed
between 35W and 35E at the north end of Lino Lakes. Mr.
Miller said that he did not know but hoped to have more
information on this for the January 29th meeting.
Council Member Neal asked if farm land is rezoned to
COUNCII. MINUTES JANUARY 22, 1990
commercial, would the value of the land go up? Mr. Miller
explained not in the short term, however it would in the long
term. Council Member Neal asked if taxes would be affected
by a rezone? Mr. Miller said no, the taxes are based on the
use of the land and if it remains residential or
agricultural, the taxes would remain the same.
Bill Houle, 8301 - 24th Avenue - Mr. Houle read from a
prepared statement entitled "A Paper in Favor of the Proposed
Lino Lakes Commercial and Light Industrial Strip ". A copy of
this statement is attached to end of these minutes.
R. V. Ellingsen, 7766 - 20th Avenue - Mr. Ellengsen thanked
the Council for the brochure that was recently sent to the
residents of Lino Lakes. He said he was proud of Lino Lakes
and noted there has to be land for farming and the area
proposed to be rezoned is some of the best farm land in the
City. He asked that this proposed rezone be denied. Mr.
Ellingsen noted a petition to the Council with eighty three
(83) signatures asking that the proposed rezone be denied has
been prepared.
John Bergeson, Economic Development Committee - Mr. Bergeson
said he felt it was very important that some areas of Lino
Lakes be set aside for commercial /industrial development. He
noted that this type of development generates three (3) to
four (4) times more taxes than residential property. He
explained that taxes will continue to rise in Lino Lakes
unless there is some commercial /industrial development.
Mr. Bergeson explained that one concern involves noise and
traffic. He asked the City Planner to address the issue of
buffering. Mayor Bisel asked first to hear all the testimony
from the audience.
Loyola Thiltgen, 7709 - 20th Avenue - Mrs. Tiltgen read from
a prepared statement noting that she owns property across the
street from the area proposed to be rezoned. She said she
was stunned by how this matter was handled. She said she
felt that she was being treated as a non - citizen and this was
uncalled for. She asked how such a proposal could be made
without consideration of the landowners and other affected
residents?
Mrs. Thiltgen asked if there was any other municipality who
was dedicating 1600 acres for commercial /industrial growth
such as this one. She noted that it is obvious that
something needs to be done in Lino Lakes to enlarge the tax
base. However, she felt that this should be talked about at
length. She said she was scared, furious and also
intelligent enough to know that something has to be done.
Mrs. Thiltgen felt that there would be equivalent to riots in
the streets on the east side of the City if this matter is
pursued. She also noted that whatever improvement that would
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be occurring because of this rezone would be offset for some
time. Mrs. Thiltgen presented the petition with eighty three
(83) signatures to the Council.
A gentleman from 24th Avenue told the Council that he had
purchased his property and had moved tons of junk off the
property and spent thousands of dollars on his property. He
asked what the rezoning would do to his taxes and his green
acre credit. This gentleman also asked who would finance the
commercial /industrial development. He noted that creating
jobs, building industry and factories could not be
accomplished without financing.
John Bier, 7624 Gordon Avenue - Mr. Bier told the Council
that he built a new home in a new development and the taxes
did not frighten him. He said he did not select the area
because of commercial /industrial development but for the
quality of life presented. He asked if there is already 600
acres zoned commercial /industrial in Lino Lakes and only 400
acres are not developed, why would the City want to rezone
additional acreage?
Lois Reller, 7897 - 24th Avenue - Mrs. Reller said she was
not sure if she was affirmative or negative regarding this
proposal. She said the notice came so quickly that she is
still in a state of shock. She noted that she and her family
have been trying to get out of Minnesota for some time
because of the tax situation.
Mrs. Reller noted that amenities would be needed for this
development. Presently Elmcrest (24th Avenue) is a dirt road
and those living along it could not afford to have it
blacktopped. She also expressed concern regarding the
utilities needed for the development. There are no utilities
in this corridor. Mrs. Reller also asked about a future
interchange at 170th Street. Who will build it and who will
pay for it? She noted that in the past couple of years a lot
of commercial /industrial companies have been moving out of
Minnesota. She asked if Lino Lakes was preparing for
nothing?
Mrs. Reller said she felt next Monday evenings meeting is a
good idea since there is a need to have fears viewed and
questions answered. She said that the residents should have
control over their destiny or Councils and Boards will have
more and more power. She said she felt everyone in this
community could benefit by cooperation regarding this matter.
Gary Kostelecky, 7905 - 20th Avenue - Mr. Kostelecky said he
has lived in Lino Lakes about five (5) years and about a year
or year and one half ago he found out that he had been
rezoned without any notice. He felt this was gross
negilence.
COUNCIL MINUTES JANUARY 22, 1990
A member of the audience noted that 80th Street finally was
improved last summer. He asked if this proposal was the
reason for the improvement. He noted that 24th Avenue is
still a trail. He also noted a lack of trust among the
citizens.
Rod Herdina, 7608 Peltier Lake Drive - Mr. Herdina noted that
if the Council plans to act on this matter on February 26th,
this will not allow enough time to properly look at the
entire proposal. He said he felt the size of the parcel
proposed to be rezoned was outrageous. He also said he was
not opposed to some of the parcel being rezoned.
Robin Schultz said that she was fairly neutral on this
matter. She felt the discussion should be based on the
wants, needs and quality of life for the residents. She also
noted that at some point the City is going to have to decide
how to compete for the tax base. Ms. Schultz strongly
recommended that the tax base for fifteen (15) to twenty (20)
years from now be looked at. She said if the public is
willing to accept the figures expressed tonight then the
Council has to hear them.
Al Schoch, 16881 Elmcrest, Hugo - Mr. Schoch said that he had
heard of this meeting from his neighbors. He said he had
attended a meeting at Mrs. Thiltgens and said he believed
that there must be another piece of property in Lino Lakes
other than good farm land suitable for commercial /industrial
development. He asked if the Council had thought about what
it would take to put in streets? He said he was worried
about pollution and chemicals being dumped on the ground. He
felt that there must be some other place to put the
commercial /industrial development.
Mr. Schoch asked if the City of Hugo had any concerns about
the proposed development? It was noted that Hugo was
informed about this meeting.
Robert Bump, 8120 - 20th Avenue - Mr. Bump explained that he
moved to Lino Lakes three (3) years ago. He felt it is a
good place to live although he owns only three and one half
(3 1/2) acres. He felt it was not suitable for
commercial /industrial development because it is low. Mr.
Bump said he was concerned that he might not be able to sell
his house. He also said he was concerned about everybody
getting upset about the tax base. He asked how many
industrial lots were in North Oaks.
Joel Carlson - Mr. Carlson explained that he is planning to
move and buy a home in Lino Lakes. He noted that the area is
very familiar to him because his family has lived in Lino
Lakes for over fifty (50) years. Mr. Carlson said that his
relatives own about 10% of the land that is proposed to be
rezoned. He felt it was more important to have a certain
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quality of life. Mr. Carlson said that taxes were very low
on his list of priorities compared to quality of life. He
also noted that keeping the family on the land far out weighs
any profit that could be gained by the rezone.
Mr. Carlson said he realized the need for growth. However,
he felt the Council should look at a smaller step and work in
a more orderly manner. Mr. Carlson said he did not want to
see this get out of control.
There was no further input from the audience. Council Member
Reinert moved to continue the hearing until February 12, 1990
at 7:45 P.M. Council Member Bohjanen seconded the motion.
On a roll call vote, motion carried unanimously.
The Council took a five (5) minute recess at 9:10 P.M.
PUBLIC HEARING - PRELIMINARY PLAT REQUEST, WILLOW PONDS
Mr. Miller explained that the preliminary plat submitted this
evening is for single family residential development. It is
proposed for the area north of Elm Street and west of St.
Joseph Catholic Church. The Planning and Zoning Board
reviewed the proposed plat and recommended that it be denied
based on several items outlined in Mr. Miller's memorandum of
January 11, 1990. Mr. Boxrud explained the reasons for
denial.
Mayor Bisel opened the public hearing at 9:25 P.M.
Mr. Steve Johnston from Merrila and Associates was in the
audience representing the developer, Dennis Erickson. He
agreed that the proposed preliminary plat should be denied or
tabled. Mr. Johnston asked for direction from the Council as
to what direction they should go. He noted that he had a new
concept that he would like the Council to view tonight.
Council Member Reinert asked if the Planning and Zoning Board
had reviewed the new concept plan. Mr. Johnston said no.
Mr. Johnston noted that Mr. Erickson has spent a great deal
of money and time and all he is asking for is a few minutes
of the Council's time. Mayor Bisel noted that the new
concept plan was not on tonights agenda and therefore could
not be considered. He asked that it be submitted to the
regular procedure.
Peggy Skinner, 7073 Sunrise Drive - Mrs. Skinner said that
she did not understand why the Council has to keep talking
about this particular piece of land. She asked that it be
kept open. She noted that Mr. Miller wanted people to drive
down the freeway and get a good impression of Lino Lakes and
keeping the land open would give a good impression. Mayor
Bisel told Mrs. Skinner that the Council must address all
matters brought before it. He noted that the Planning and
Zoning Board had recommended denial of the proposed
COUNCIL MINUTES JANUARY 22, 1990
preliminary plat. Mr. Johnson noted that the concept that
Mr. Erickson is asking the Council to view tonight is for a
single family development.
James Brandl, 7057 Rice Lake Court - Mr. Brandl asked when a
plat is accepted for that area that easements for drainage
purposes be obtained prior to any development.
Council Member Reinert moved to close the public hearing at
9:31 P.M. Council Member Bohjanen seconded the motion. On a
roll call vote, motion carried unanimously.
Council Member Neal moved to deny the preliminary plat of
Willow Ponds. Council Member Kuether seconded the motion.
On a roll call vote, motion carried unanimously.
PUBLIC HEARING - REZONE REQUEST, WENZEL PROPERTY
Mr. Miller explained that an error had been made in the
publication of the public hearing notice and asked that the
public hearing be opened, closed and reset for February 12,
1990.
Mr. Miller told the Council that when the staff became aware
that this property was to be placed for sale it was felt that
the current zoning might be a problem. The southeast portion
of the property is zoned General Business (GB), the northeast
portion is zoned High Density Residential (R -4) and the
acreage on the west side of Lake Drive is zoned Single Family
Residential (R -1).
Mr. Miller explained the problem with the GB zoning and
because of various restrictions in that zoning, it is
questionable how usable the land would be with the current
zoning. This matter was referred to the Economic Development
Committee and it was suggested that the property be rezoned
to R -5, Planned Unit Development (PUD). Mr. Miller explained
the requirements for a PUD subdivision and noted that all
plans would be very detailed and the Council would be able to
control the function and look of the land. The Planning and
Zoning Board did approve this recommendation. Mr. Miller
showed the Wenzel property on the overhead projector.
Mr. Miller noted that the land on the west side of Lake Drive
is going to be sold with its present zoning, R -1. However, a
buyer may want to come before the Council to request that a
portion of the land running along Lake Drive be rezoned to
multiple family. The Planning and Zoning Board did consider
this possibility and was concerned about the density and bulk
of this type of housing. The Board asked that any
prospective rezoning provide a density of no more than five
(5) dwellings per acre. They also asked that the boundary
between the two zonings not be a straight line. No specific
action was taken regarding rezoning on the west side of Lake
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JANUARY 22, 1990
Council Member Reinert asked if the applicant was trying to
direct the development of the property. Mr. Miller explained
that the property on the west side was being sold with its
current zoning. He just wanted to be sure that the Council
knew there was a possibility that a prospective buyer may
come before the Council to ask for a rezone of a portion of
the property. No proposal or concept plan has been
submitted.
Mayor Bisel opened the public hearing at 9:50 P.M.
Bruce Hanson, Surfside, Inc. - Mr. Hanson noted that he owns
a portion of the land that is proposed to be rezoned PUD. He
noted that he was surprised when he received the notice of
the rezoning since no one had talked to him about this.
Mr. Tom Mesich, 7065 Rice Lake Lane - Mr. Mesich was unable
to attend this public hearing and wrote a letter expressing
his concern regarding the rapid growth in Lino Lakes and its
affects on the Centennial School District. He said he was
opposed to any new residential development in Lino Lakes
until the school system can get caught up with the current
increase in enrollment.
No one else from the audience asked to speak regarding the
rezone request. Council Member Bohjanen moved to close the
public hearing at 10:00 P.M. Council Member Kuether seconded
the motion. On a roll call vote, motion carried unanimously.
The public hearing will be rescheduled for February 12, 1990
at 7:30 P.M. Notices will be sent to the affected property
owners.
DESIGN REVIEW BOARD
Review of Concept Plan for Timber Ponds Single - Family
Development - Mr. Boxrud explained that this is a replat of
the Pine Oaks one acre lots subdivision fronting on Pine
Street. Mr. Boxrud noted that this a greatly improved plat
and the reason for bringing this before the Council at this
time is just to keep the Council updated on what is being
considered at the Design Review Board.
Review of Concept Plan for Unnamed Single - Family Development
Located Near Cedar Street and County Road #84 (Otter Lake
Road) - Mr. Boxrud explained the location of this proposed
subdivision, noting that it would be the first major housing
subdivision on the east side of Lino Lakes. He also
explained how services would be supplied to the subdivision.
Mr. Boxrud noted there are a number of double fronted lots
and this is a concern. Mr. Schumacher asked that cost
figures be developed for this subdivision before the
COUNCIL MINUTES JANUARY 22, 1990
developer puts a lot of time and money into the planning.
Council Member Reinert moved to extend the Council meeting
until all items on the agenda are completed. Council Member
Bohjanen seconded the motion. Motion carried unanimously.
Council Member Reinert asked if the owners had ever
considered developing this parcel for commercial use. Mr.
Boxrud and Mr. Miller explained that this had been discussed
However, the access to the freeway is about a mile away from
this area and it was felt that commercial development would
get resistance from the very nice residential development to
the south of this property. In addition, Cedar Street
appears to be a good boundary between the commercial to the
north and the residential development to the south. It was
also thought that this would be a good area to provide
housing for people with a St. Paul or White Bear Lake
orientation.
Council Member Neal reminded the Council that Gateway Foods
had expressed interest in the property. Mr. Miller said that
wetlands in the area as well as the rolling topography
present real problems for commercial /industrial development.
Council Member Reinert said he would like to see less double
fronted lots on the proposal.
Review of Concept Plan for Pheasant Hills Single - Family
Development North of Birch Street, Ed Vaughn - Mr. Boxrud
explained the location of this proposed subdivision and noted
the location of the nearest sanitary sewer lift stations.
The ability to service this proposed subdivision is the most
important issue at this time. Currently he is working with
Metropolitan Waste Control Commission regarding use of the
LaMotte Drive lift station. Municipal water will have to
come from the Black Duck Drive well house. Mr. Boxrud noted
two other issues to be resolved; 1) drainage and the need for
permits from the Department of Natural Resources and the Corp
of Army Engineers, and 2) maintenance of the divided
entrance.
Maintenance of monumented entrances were discussed. Mr. Volk
explained what is being done at other subdivisions. Council
Member Reinert noted that some are beginning to look bad.
Mr. Volk explained that after the subdivision is fully
developed the Public Works Department will usually dismantle
the monuments and he also noted that home owners associations
sometime provide the maintenance.
Larry Siberlick, representing Mr. Vaughn introduced himself
to the Council and explained that he was asked by Mr. Vaughn
to prepare a concept plan for this area. He noted that the
plan is designed for executive type housing in the $230,000
price range. Although this market has not been tested, it is
thought that this is a good opportunity for this market.
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COUNCIL MINUTES JANUARY 22, 1990
Mayor Bisel noted that the Design Review Board had a question
on the length of the cul -de -sacs in the plan. Mr. Siberlick
noted that the length was not considerable longer than
required by the City Code and they did provide unique
entrances to particular areas. Mr. Volk explained that his
concern is not with the length of the cul -de -sac since the
same maintenance problems occur if the cul -de -sac is short or
long. Maintenance is the real problem.
Mr. Jeff Shopek, a civil engineer who is also working on this
development introduced himself to the Council and explained
that he is working with the DNR and the Army Corps of
Engineers regarding obtaining permits. He said the DNR has
indicated that there will be no problems in issuing permits
for the plan as designed. He has been working with the Army
Corps of Engineer regarding filling about four (4) acres of
wet lands. The plan is to create a variety of wet lands.
Mr. Shopek said that the theme for the development is
"econological" development. He is looking at the development
pragmatically and noted that no one is interested in not
being successful with this development.
Council Member Reinert asked what is the receiving body for
the runoff from this property. Mr. Shopek explained and
noted how the development was engineered to improve water
runoff quality. He showed on the plat map where controls for
runoff would be placed. Council Member Reinert said that
water quality testing should take place and he also asked
that the ponding devices be adequate.
Mr. Miller said he believed that the Council should be very
satisfied with the quality of the subdivision that is
proposed.
Mayor Bisel thanked Mr. Siberlick and Mr. Shopek for coming
this evening.
ENGINEER'S REPORT - DARRELL SCHNEIDER
Status of Second Avenue Improvement Project - Mr. Schneider
said that later during this meeting Mr. Burke will be
addressing the need for condemnation procedures for acquiring
some right -of -way for this street at the south end of the
street where it meets Lake Drive. At the north end of the
street, Sunnygate has given the City an eighty (80) foot
easement for the installation of the street. In addition,
there are seven (7) lots in Ulmer's Rice Lake Addition that
have a thirty (30) foot easement on them for utility
purposes. These easements back up to the proposed Second
Avenue. It is being proposed to take some of the dirt fill
from this area to fill in the low area of Second Avenue near
Lake Drive. A meeting is scheduled with these lot owners for
January 31, 1990 at 6:30 P.M. to discuss procedure with them.
COUNCIL MINUTES JANUARY 22, 1990
Mayor Bisel noted that it is very important that these
landowners be fully aware of what is happening.
ATTORNEY'S REPORT - JOHN BURKE
Request for Authorization to Commence With Eminent Domain
Proceedings for all Easements Needed as Part of Comprehensive
Storm Sewer Drainage Plan and Second Avenue Improvements -
Mr. Schumacher explained that he and Mr. Hawkins have met
with landowners and appraisals and surveys have been
completed. The City Attorney has sent letters to the
affected property owners along with the appraisals attached
and easement documents for their signatures. To date only a
few have signed the easement documents and Mr. Schumacher
requested authorization to proceed with eminent domain
proceedings.
Mayor Bisel noted that the project must be moved along. He
also noted that the landowners have the information before
them and they were made aware of their rights and the
process. Council Member Neal moved to start the eminent
domain process to acquire the easements for the surface water
management plan and Second Avenue. Council Member Kuether
seconded the motion. Council Member Reinert noted that this
could be a long drawn out process and asked if the City has
exhausted all reasonable measures to get reasonable men to
sign. Mr. Burke explained that the eminent domain process
should be started now and the City should notify the land
owners that action is being taken. This notice usually
stimulates action from the land owner. Mr. Schumacher said
that he has worked closely with the residents and feels that
there has been good communication.
On a roll call vote, motion carried unanimously.
OLD BUSINESS
Senior Housing - Mr. Schumacher asked that this item be table
and put on the next Council agenda.
NEW BUSINESS
Gambling License Renewal - VFW Post #6583 - Council Member
Reinert moved to approve the renewal of this license.
Council member Neal seconded the motion. On a roll call
vote, motion carried unanimously.
Gambling License Renewal - VFW Post #6583, Ladies Auxiliary -
Council Member Reinert moved to approve the renewal of this
license. Council Member Neal seconded the motion. On a roll
call vote, motion carried unanimously.
Gambling License Renewal - Rice Creek Trails Association -
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COUNCIL MINUTES
JANUARY 22, 1990
Council Member Reinert moved to approve the renewal of this
license. Council Member Kuether seconded the motion. On a
roll call vote, motion carried unanimously.
Thirty (30) Day Review Extension for Metro Council for Review
of Comprehensive Plan Amendment - Mr. Schumacher explained
that staff has met with MWCC and has requested that MWCC
provide additional information for the proposed Comprehensive
Plan Amendment. To accomplish this the staff is requesting
that and additional thirty (30) days extension be granted to
gather this information. Council Member Kuether moved to
grant the thirty (30) day extension. Council Member Reinert
seconded the motion. Motion carried unanimously.
League Insurance for City Officials - Mr. Schumacher
explained that the League has just introduced a liability for
members of commissions and committees where members travel
from their home to a meeting of their board. Mr. Schumacher
explained the coverage and the costs. He noted that if the
coverage is approved all members of all boards and
commissions must be covered.
Council Member Reinert moved to approve extension of coverage
of this insurance to all boards and committees. Council
Member Neal seconded the motion. On a roll call vote, motion
carried unanimously.
Praise of His Glories Ministries, Inc. Quit Claim Deed - Mr.
Schumacher explained that this deed should have been
addressed at the time the site and building plan was
addressed by the Council. It is a house keeping item.
Council Member Kuether moved to approve the Quit Claim Deed.
Council Member Neal seconded the motion. Motion carried
unanimously.
Staff Vehicle - Mr. Volk told the Council that he has
received seven (7) bids for a staff car. He noted that the
Ford Taurus is $235.00 higher than the Chevrolet but also
have more options than the Chevrolet. After further
discussion on the car, Council Member Bohjanen moved to
approve the purchase of the Ford Taurus for $12,155.00 from
Midway Ford. Council Member Kuether seconded the motion. On
a roll call vote, motion carried unanimously.
Centerville Police Contract for 1991 - Council Member Neal
asked if a letter has been sent to the City of Centerville
asking them to advertise for bids for police protection. He
noted that if the letter is sent now, it will allow plenty of
time for Centerville to proceed with their bid requests.
After further discussion on this matter, Mayor Bisel said
that he wanted all negotiations on the police contract
completed by June 1, 1990. Council Member Neal said that he
did not want this delayed so that Centerville cannot claim
that they were not given enough time to complete their
COUNCIL MINUTES
JANUARY 22, 1990
process. Mayor Bisel said the letter should ask them what
level of service they wish the City of Lino Lakes to provide
to them and then Lino Lakes will let them know what the costs
would be.
Council Member Neal moved to direct the staff to write to the
City of Centerville informing them of our desire to complete
the negotiation on the 1991 police contract by June 1, 1990
or put the matter into the discussion stages. Council Member
Reinert seconded the motion. Motion carried unanimously.
Fire District Steering Committee Meeting - Council Member
Neal noted that there is a meeting scheduled for Tuesday,
January 23, 1990 at 4:00 P.M. at the City of Circle Pines.
Centennial School Liaison - Council Member Neal noted that he
has a meeting tomorrow evening at 7:00 P.M. He expressed
concern regarding this committee. He noted that many ideas
have been expressed in this committee and they will be very
costly. Council Member Bisel suggested that possibly
alternative school hours and locations could be utilized
rather than build new schools.
Anoka County Correctional Juvenile Facilities - Council
Member Neal has been informed that the County plans to build
a $1,000,000.00 facility in Lino Lakes for female juveniles.
He has also been informed that County Commissioner Langfield
will personally see that permits and all necessary procedures
through the City are handled properly.
Mayor Bisel asked that a 6:30 P.M. or 6:35 P.M. meeting be
scheduled for February 12, 1990 to set some objectives for
the City and the City Administrator. He asked that each
Council Member come with two or three objectives to this
meeting.
Council Member Bohjanen moved to adjourn at 11:20 P.M.
Council Member Reinert seconded the motion. Aye.
These minutes were considered /corrected and approved at a
regular Council meeting held on February 12, 1990.
a ily i G. Anderson
Clerk- Treasurer
Harold L. Bisel
Mayor
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CITY OF LINO LAKES
RESOLUTION NO. 01 — 90
RESOLUTION ESTABLISHING SEWER AND WATER USER FEES FOR
RESIDENTS ON SUNSET ROAD WHO ARE CONNECTED TO THE CITY OF
BLAINE SEWER AND WATER UTILITY SYSTEM
WHEREAS;
Residences along Sunset Road were provided sewer
and water utility service by the City of Blaine,
and
WHEREAS; Residences along Sunset Road were billed quarterly
for this service by the City of Blaine at the same
rates the City of Blaine charged their own
residences, and
WHEREAS; It is the policy of the City of Lino Lakes to bill
all of the Lino Lakes residences and charge the
same quarterly fees to all residences regardless of
which municipality provides the service,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. That the residences along Sunset Road who are provided
sewer and water services by the City of Blaine be billed
by the City of Lino Lakes.
2. That the residences along Sunset Road be billed
according to the below listed schedule beginning
April 1, 1990:
A. Rates for April, 1990; July, 1990; October, 1990
and December, 1990 will be 77 cents per 1,000
gallons of water plus $10.00 per quarter user's fee
and the rate for sewer will be $28.50 per quarter.
B. Rates for 1991 will be the same as all other sewer
and water users in Lino Lakes. (Currently; $1.20
per 1,000 gallons of water plus $20.00 user's fee
and $36.00 per quarter for sewer service)
Adopted by the Lino Lakes City Council this 8th day of
January, 1990.
r_
Mar' lyr(JG. Anderson, Clerk — Treasurer
rold L. Bisel, Mayor
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