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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 1 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. 1 1 1 1 1 1 COUNCIL MINUTES JANUARY 22, 1990 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 1 1 COUNCIL MINUTES JANUARY 22, 1990 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 1 1 COUNCIL MINUTES JANUARY 22, 1990 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 COUNCIL MINUTES Drive. 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. 1 1 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 - 1 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 1 1 1 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 PAGE 1