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HomeMy WebLinkAbout02/26/1990 Council MinutesCOUNCIL MEETING FEBRUARY 26, 1990 The regular meeting of the Lino Lakes City council was called to order by Mayor Bisel at 7:00 P.M., Monday, February 26, 1990. Council Members present: Reinert and Bohjanen. Council Members absent: Kuether and Neal. City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Administrative Assistant, Dan Tesch and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, February 12, 1990 - Council Member Reinert moved to approve these minutes as presented. Mayor Bisel seconded the motion. Motion carried with Council Member Bohjanen abstaining. Regular Council Meeting, February 12, 1990 - Council Member Reinert asked that these minutes be considered later in the meeting so that he could ask the City Attorney for clarification regarding changing his vote on a particular item. CONSIDERATION AND APPROVAL OF DISBURSEMENTS February 26, 1990 - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Reinert seconded the motion. Council Member Reinert asked the City Attorney if this City was "locked" into supporting the Vadnais Watershed Management District. Mr. Hawkins said that he would check the Joint Powers Agreement to determine the terms of dissolving our involvement. He did not feel that this City was bound to this organization by state law or state statute. Council Member Reinert asked that this disbursement be held until Mr. Hawkins has provided this information to the Council. Mayor Bisel asked about the disbursement to Streicher's under Public Works Department. Mr. Tesch did not know what this disbursement was for. (note: This disbursement was for three light bars for Public Works vehicles.) Mayor Bisel asked about the disbursement under Public Works for Forest Lake. Mrs. Anderson explained that she thought this was a Police Department disbursement because the Police Clerk was unable to purchase a certain office item at the local supplier. (note: This item was for Forest Lake Ford and was for a vehicle repair part.) Mayor Bisel asked that the Planning and Zoning Board description be updated to Design Review Board. Mayor Bisel asked about the disbursement under Forestry to the University of Minnesota. It was explained that this was for tuition for Mr. Aslesen, Mr. Hoffman and Mr. Urich for certification as disease tree inspectors. 1 1 COUNCIL MEETING FEBRUARY 26, 1990 Voting on the motion, motion carried unanimously. Centennial Fire District Disbursements - Several items were discussed. Mr. Tesch explained that he had called Fire Chief Gay and he explained that check No. 3888 appeared three times on the disbursement list and was for lighting, heating and vehicle fuels for station No. 3. Mr. Tesch explained the other disbursements and noted that the Fire Chief will give the City a list of the disbursement codes so that these questions can easily be answered. Council Member Reinert explained that the question regarding petty cash raised at the previous Council meeting will be addressed at the next Steering Committee meeting. He expected that the amount of petty cash will be more limited. Council Member Reinert moved to the disbursement as presented subject to clarification of check No. 3892 to Trippel's Market for parts. Council Member Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. SENATOR GREGG DAHL It was explained that Senator Dahl's office had called and explained that he would not attend this evening since Senator Dahl was at the February 10, 1990 meeting, anything he had to say would be repetitious. DESIGN REVIEW BOARD REPORT - JOHN MILLER Minor Subdivision - Paul Heider /Jack Menkveld and City Initiated Variance - Mr. Miller explained that Mr. Heider owns a lot on the corner of Rice Lake Drive, Ulmer Drive and Second Avenue. He is requesting a lot split to divide his lot into three lots, one (1/2 acre lot) lot facing Rice Lake Drive and two (1/4 acre lot) lots facing Second Avenue. His residence is on the 1/2 acre lot facing Rice Lake Drive. Mr. Miller explained that previously the Design Review Board had recommended approval of the lot split without requiring a variance although the corner lot would not meet City Code regarding frontage. However, the Design Review Board feels now that a variance would be appropriate. The new corner lot is only 85 feet wide and the City Code requires 105 feet for the lot width. The Design Review Board has recommended approval of both the variance and lot split. Mayor Bisel noted that Mr. Heider is unable to divide his lot into four new lots because his house is positioned in the middle of the east 1/2 acre. Council Member Reinert expressed concern regarding what would happen if the septic system at the Heider residence failed. It was explained that COUNCIL MEETING FEBRUARY 26, 1990 the trunk sewer line runs along Second Avenue and a lateral extension could be constructed along Ulmer Drive to this home if necessary. Also there is enough room on the new lot to allow for repair of the current system. Council Member Reinert noted that there is not a clear policy, regarding the requirements of this City, if a septic system or well fails on a lot that has sanitary sewer and municipal water available to the lot. Mr. Miller explained that is one point that needs to be addressed. He suggested that this matter be resolved by working with the City Engineers. Paul Heider, 7065 Rice Lake Drive told the Council that his septic system and well are located entirely on the east 1/2 acre of his present lot. There is also room to repair the system if it should fail. He asked for clarification as to what the City would require if the system failed. Would the City require that he connect to the sanitary sewer system or would he be able to repair or replace his present system? It was noted that the soils in the area are ideal for septic systems but at least one has failed. It was also noted that the City did not have a firm policy regarding Mr. Heider's question. Council Member Bohjanen moved to approve the subdivision as outlined in the Design Review Board application No. 90 - 01 and approve the variance as outlined in Design Review Board application No. 90 - 07. Council Member Reinert seconded the motion. Council Member Reinert asked Mr. Heider if he had a potential buyer for the two newly created lots. Mr. Heider said yes and approval is needed tonight to complete the transaction. On a roll call vote, motion carried unanimously. Minor Subdivision and Variance, Dennis A. Smith and Resolution No. 05 - 90 - Mr. Boxrud explained that Mr. Smith owns a thirty (30) acre parcel of land at the end of Reiling Road and he wishes to subdivide the parcel into two fifteen (15) acre parcels. The Design Review Board has reviewed the requests and recommended approval of both subject to the City Engineer's suggestions and an acceptable feasibility report for the completion of the street. A variance is required due to the fact that the frontage does not meet the 180 foot requirement. The frontage is 160 feet per lot. It is unlikely that there will ever be further subdivision of the lots because much of the land is unbuildable. Currently there is no access to the thirty (30) acres. Completion of Reiling Road and the installation of the north /south street between Reiling Road and Deer Pass Trail COUNCIL MEETING FEBRUARY 26, 1990 will have to be completed. Several landowners would be involved in the assessment for this improvement. Mr. Smith has contacted the adjoining landowners and has received petitions from two other landowners. There is one landowner that is objecting to the assessment at this time because he believes that his land is unbuildable. It was noted that if a benefit to the property cannot be determined, the land cannot be assessed. Mr. Boxrud explained that the Council can approve the minor subdivision and variance subject to the results of a feasibility study and public hearing. The Council could also table approval of the minor subdivision and variance and order a feasibility study. If the project is feasible, then the Council could consider the minor subdivision and variance application. Mr. Smith presented a plat map to the Council and pointed out the existing streets and the connector street. Mr. Boxrud noted that normally the City would order the feasibility study and the cost of this study would be incorporated into the assessment. However, if the improvement failed, the City would bear the cost. Mrs. Jill Katzung, owner of the property that may be unbuildable (lots 30 and 31) asked if granting Mr. Smith the subdivision tonight gave him added advantage when assessments were considered. Mayor Bisel said no. Mayor Bisel also noted that if her land is unbuildable, she cannot be assessed. Mrs. Katzung will be notified if the improvement is feasible and if a public hearing is called. Council Member Reinert moved to approve the minor subdivision as outlined in the Design Review Board application No. 90 - 04 and the variance as outlined in application No. 90 - 05 subject to the conditions as outlined in Mr. Boxrud's Green Sheet, Option No. 1. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Council Member Bohjanen moved to approve Resolution No. 05 - 90 ordering a feasibility report for this area. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 05 - 90 can be found at the end of these minutes. Minor Subdivision and Variance, Stephen and Laurie Schwartzbauer - Mr. Miller explained that this is a request to split a one acre lot fronting on Sunrise Drive into four sewered lots. This request is similar to many others that the Council has acted upon during the past several months and is of a routine nature. COUNCIL MEETING FEBRUARY 26, 1990 Three of the newly created lots meet front footage requirements, however the fourth does not. The Design Review Board had recommended in the past that the Council approve the division without a variance. However, they are now uncomfortable with this action and have requested that the Council approve a variance as well as the lot split. Mayor Bisel explained that these lots are grandfathered and the subdivision could be approved without the variance. He gave the background on this matter regarding how approximately six one acre lots were built on prior to the revision of the City Code increasing the size of sewered lots. Mayor Bisel noted that the current residence is located on Sunrise Drive and Mr. Miller explained that this residence will be connected to sanitary sewer in the near future as required by the current policy. Mr. Miller also explained that the Building Inspector has physically checked and found the drainfield for the existing residence entirely on the newly created lot. Council Member Bohjanen moved to approve Design Board application No. 90 - 08 granting the lot split and the variance. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Mr. Miller noted that not all of the material for this presentation was included in the Council packets and apologized for this oversight. PLANNER'S REPORT - JOHN MILLER Consideration of Establishing a Public Hearing for Tax Increment Financing District No. 1 -4 for March 26, 1990, 7:30 P.M., Resolution No. 04 - 90 - Mr. Miller explained that there is concern that during this current legislative session, Tax Increment Financing (TIF) will be amended in a way which will prevent or significantly limit Lino Lake's ability to do the projects outlined in this district. Establishing this district at this time is a safety measure to insure that TIF will be available when the areas outlined in the district develop. The District consists of the area planned for the outlet malls, the area planned for the Inside Sports complex and Rice Lake Plaza. The District can be amended in the future and does not go into effect until it is registered at Anoka County. Council Member Reinert moved to adopt Resolution No. 04 - 90. Council Member Bohjanen seconded the motion. It was suggested that anyone interested in this matter should send letters to our state representatives letting them know that COUNCIL MEETING FEBRUARY 26, 1990 TIF is of vital interest to Lino Lakes. Council Member Reinert asked that letters be sent to Senator Dahl and Representative Quinn from the City Administration reminding them of our concern and need for TIF. Mayor Bisel told the Council that Mr. Schumacher and Mr. Tesch did go to the State Capital and net with Senator Dahl. Senator Dahl told them he was leaning toward voting against any proposal that would change the current TIF law. On a roll call vote, motion carried unanimously. Resolution No. 04 - 90 can be found at the end of these minutes. ENGINEER'S REPORT - DARRELL SCHNEIDER /DAN BOXRUD Consideration of Cooperative Agreement Regarding Highway #49 /County Road #23 Intersection Realignment - Mr. Boxrud explained that a plan for the realignment of this intersection has been developed and has been submitted to MnDOT and Anoka Highway Department for their input. Construction is planned for 1991 and several things must happen for this to occur. First Lino Lakes must decide if concrete curb and gutter is wanted for the area. A cooperative agreement with MnDOT and Anoka County for the improvement must be developed and a means of financing the City's share of the improvement must also be decided. Lino Lakes must decide whether or not to be the lead agency in this improvement. Mr. Boxrud explained that Lino Lakes would have better control over the improvement if Lino Lakes took the lead control of the process. The means of financing should also be discussed. Financing could be through assessments to the benefited property owners, tax increment financing or the use of MUSA fund off the MSA system on the County and State system. Mr. Boxrud showed the Council a map of the improvement. He noted that Highway #49 would be realigned with North Road and traffic signals would be installed at that location. He explained that it has not been decided if there will be four lanes of traffic approaching the signal lights or just two lanes. Mayor Bisel asked how much this improvement would cost Lino Lakes. Mr. Boxrud said he did not have dollar figures, but explained that Lino Lakes would have to share in the curb and gutter costs and possibly some of the costs of the turn lanes. Mr. Boxrud explained that almost all of the right -of -way is there and there should not be much of a problem obtaining the small amount of right -of -way still needed. Mr. Miller explained that the developer of Rice Lake Plaza has hired COUNCIL MEETING FEBRUARY 26, 1990 Barton - Aschman to work with the Department of Natural Resources, Corp of Army Engineers and the Rice Creek Watershed District to determine what is developable and what is not. Curb and gutter was discussed. Council Member Reinert noted that mistake when Main Street was improved and suggested that the entire area being developed contain curb and gutter to improve the appearance. He also explained that the improvement is needed for both the tax benefit and the human safety benefit. Council Member Reinert moved to proceed with Option No. 1 A, B and C and to pursue the TIF method of financing. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Addition of Street to MSA System - Mr. Boxrud explained that there are incentives to add additional mileage to our MSA system each year. One incentive is that it increases the maintenance aspect of the Lino Lakes fund. Mr. Boxrud has prepared several recommendations for the City Council to consider and he briefly outlined each option. Mr. Boxrud recommended that the Council remove 80th Street between 20th Avenue and the east City limits from the MSA system and straighten out the alignment for 7th Avenue between Birch Street and 62nd Street. This would make 1.09 miles available to be designated for the following improvement. Designate 21st Avenue (just west of I -35E) from Main Street to Birch Street and Birch Street from 21st Avenue to Centerville Road to the Lino Lakes MSA system. The Council reviewed Mr. Boxrud's recommendations. Mayor Bisel agreed with the 7th Avenue realignment and noted that if this were to be constructed, Deerwood Lane may not have to be constructed through to Red Maple Lane. This would alleviate some of the concerns of the residents in Colonial Woods. Council Member Bohjanen moved to approve Option No. 2 and Option No. 3 as recommended by Mr. Boxrud. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Update Comprehensive Land Use Plan - Mr. Schneider explained that he has spent a considerable amount of time working with Mr. Boxrud on this matter and in meetings at the Metropolitan Council. He will be putting a report together for the Council after some permanent solutions have been determined by the Metropolitan Waste Control for the disposal of Lino Lake's sewage. Mr. Schneider explained the location of the six sewer districts in this City and where the sewage goes after it leaves Lino Lakes. Conflicting information is being given to this City regarding District No. 4 and Mr. Schneider COUNCIL MEETING FEBRUARY 26, 1990 will be meeting with Metro Waste Control in regard to getting a commitment to expand the Centerville lift station to accommodate Mr. Vaughan's development. Mayor Bisel asked what the relationship between Metro Council and Lino Lakes is at this time. He noted that at one time there was one person at Metro who controlled Lino Lakes future. Mr. Schnieder explained that person is no longer in this position and he felt that now he is getting a positive response. Mr. Schh eider said that this same thing has happened in a number of developing areas. Mr. Boxrud also noted that in the past Metro Council has not really taken local population projections seriously. However, Metro Council is now beginning to take Lino Lakes seriously. Mr. Boxrud said he expected an official response from Metro in the next few weeks. No action was taken on this matter. OLD BUSINESS Discussion of 1990/1991 Community Development Block Grant Funds, Resolution No. 03 - 90 - Mr. Tesch explained that a public hearing on this matter will be held at the next Council meeting. This information is for the Council to review for the public hearing. No Council action was needed on this matter. Resolution No. 03 - 90 can be found at the end of these minutes. NEW BUSINESS Consideration and Approval of Quit Claim Deed from Department of Veterans Affairs for Surface Water Management Plan - Mrs. Anderson explained that this Deed is for an easement for the Surface Water Management Plan and has been prepared by the City Attorney. The property is located at 6840 Rustic Lane and is in foreclosure by the Veterans Administration. Council Member Reinert moved to accept this Deed. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Consideration and Approval of Quit Claim Deed from Good Value Homes, Inc. for Drainage Easement - Mrs. Anderson explained that this Deed was prepared by Good Value Homes, Inc. and has been reviewed and approved by the City Engineer. Council Member Bohjanen moved to accept this Deed. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Consideration of Renewal of Gambling License for Centennial Fire Fighters Relief Association - Mrs. Anderson explained that this is a routine request for the renewal of an existing COUNCIL MEETING FEBRUARY 26, 1990 Gambling License. The Chief of Police has indicated that there has not been a problem with this organization and Mrs. Anderson recommended that the license be renewed. Council Member Reinert moved to approve the renewal of the Gambling License for the Centennial Fire Fighters Relief Association. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Legislative Conference - Mayor Bisel reminded the Council Members of the League of Minnesota Cities Legislative Conference scheduled for March 14, 1990. Mrs. Anderson will register any Member who wishes to attend. Minutes of the Regular Council Meeting, February 12, 1990 - Council Member Reinert asked for an interpretation of Roberts Rules of Order regarding the following situation: A motion on a particular item was made on February 12, 1990 and a vote was taken. Council Member Reinert would like to change his vote on this particular item and have the minutes of February 12, 1990 rewritten to reflect his changed vote. The question is, can the minutes of a previous meeting be changed to reflect a Council Member changing his vote after the meeting has adjourned. Mr. Hawkins consulted the Roberts Rules of Order and determined that the minutes of February 12, 1990 cannot be rewritten as Council Member Reinert has requested. However, any Council Member who voted on the prevailing side of the question can at any future meeting, ask that this matter be brought back for reconsideration. Mayor Bisel noted that Roberts Rules of Order state that if a motion is made and passed and the motion is acted upon, the original motion cannot not be rescinded or repealed. Council Member Reinert asked that the agenda item relative to the consideration of the 1990 Pay Plan for Non -Union Employees be brought back at this time for reconsideration. Mayor Bisel suggested that since two Council Members are absent, this matter be placed on the next Council agenda. Council Member Reinert asked that this be done. Council Member Reinert moved to adjourn at 8:58 P.M. Council Member Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on f , 1990. 1 1 Mdli Mar' ly�i G. Anderson, arold L. Bisel., Clek- Treasurer Mayor CITY OF LINO LAKES I ?}SOLUTION NO. 05 - 90 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF WEST END OF REILING ROAD AND NORTH/ SOUTH CONNECTOR STREET BETWEEN REILING ROAD AND DEER PASS TRAIL. WHEREAS: it is proposed to irnprclve the west end of Rei1ing Road and the north /south connector street between rye'., 1 ing Road and Deer Pass Trail and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 129 and the Lino Lai:es City Charter, NOW THEREFORE, BF TT RESOLVED BY THE CITY COUNCIL OF LINO i EFc MINNESOTA: hat the proposed improvement be referred te Mlr. 1)1T1 n Boxrud of Short-Elliot __Hendrickson, Inc. for study and that he is sin-;t ri:•t.ed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement :s feasible and as to whether it should be made as proposed or in connection with some other improvement, and i }let estimated cost of the improvement as recommended. Adopted by the Council of Lino Lakes this t wr nt y sixth day of February, 1990. Mar l yr ( 2_2_J drold L. 11ise�: , Mayor Anderson, Clerk- Treasurer Council Member Bohjanen introduced Resolution No. 05 - 90 and it was duly seconded by Council Member Reinert. RESOLUTION NO. 05 - 90 PAGE -2- COUNCIL MEMBERS: YEA NAYS X_ Bisel X Bohjanen X Reinert Kuether Noal .5 in Favor Against Absent Adopted by Council February 2G, 1990 1 1 CITY OF LINO LAKES RESOLUTION NO. 04 -90 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF A TAX INCREMENT FINANCING PLAN WHEREAS, the City Council has established Development District No. 1 pursuant to Minnesota Statutes, Sections 469.124 through 469.134; and WHEREAS, the City Council wishes to consider the creation of Tax Increment Financing District No. 1 -4 within the Development District No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, for the purpose of encouraging development within a portion of the City. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: 1. Homes & Graven, Chartered is hereby authorized and directed to prepare a Tax Increment Financing Plan (Plan) for TIF district No. 1 -4 and to file a copy thereof with the city administrator. 2 The city administrator is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing on the Plan before the City Council on the 26th day of March, 1990, at 7:30 p.m. in the council chambers. The notice shall be published in the newspaper at least 10 but more than 30 days prior to such public hearing. 3. The city administrator is hereby authorized and directed to submit a copy of the Plan to the county and school district for comment and to notify the same of the time and place of the hearing to be held before the City Council on the Plan. 4. The city administrator and consultants are authorized and directed to take all other actions necessary to bring the Plan before the City Council at the time of the public hearing. Harold L. Bisel, Mayor ATTEST: • C2a,_ h1dr lynUG. Anderson, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ‘- ii.4-71,,,, „--- and upon vote being taken thereon, the following voted in favor thereof: I and the following voted against the same: -1. ,,,; -r te Whereupon said resolution was declared duly passed and adopted. 1 CITY OF LINO LAKES RESOLUTION NO. 03 -90 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1990 -- 1991. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in Funding Year 1990 - 1991 'in the amount of $24,498.00, and WHEREAS, The City is in the process of establishing a Surface Water Management Plan within the existing wetlands, and WHEREAS, There is a need to acquire property within existing wetlands, for the purpose of implementation of said plan, and WHEREAS, The Lino Lakes City Council also supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. Funds since it's inception, and NOW THEREFORE BE IT RESOLVED: That the Lino Lakes City Council hereby requests that $19,498.00 of its 1990 - 1991 C.D.B.G. Funds he used in support of the city's Surface Water Management Plan. 2. That the Lino Lakes City Council hereby_ requests that $5,000.00 of its 1990 - 1991 C.D.B.G. Funds be used for the Senior Center Coordinator's salary in promoting the Center's activities, programs, and general operation. Adopted by the Lino Lakes City Council this 12th Day of March, 1990. Harold Bisel, 'Mayor Marilyn G. Anderson, Clerk - Treasurer