HomeMy WebLinkAbout11/26/1990 Council Minutes4
COUNCIL MINUTES NOVEMBER 26, 1990
The regular meeting of the Lino Lakes City Council was called to
order by Mayor Bisel at 6:30 P.M., Monday, November 26, 1990.
Council Members present: Neal, Kuether, Reinert, Bohjanen.
Council Members absent: None. City Attorney, Bill Hawkins;
Engineer's Darrell Schneider and Dan Boxrud; Planner, John
Miller; Administrative Assistant, Dan Tesch and Clerk - Treasurer
Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Work Session, October 15, 1990 - Council Member Kuether
moved to approve these minutes as presented. Council Member
Bohjanen seconded the motion. Motion carried unanimously.
Regular Session, November 13, 1990 - Council Member Neal moved to
approve these minutes as presented. Council Member Kuether
seconded the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
November 26, 1990 - Council Member Neal moved to approve these
disbursements as presented. Council Member Reinert seconded the
motion. Motion carried unanimously. Mayor Bisel asked that a
letter be written to Mr. Alan Irwin thanking him for the
excellent work in coordinating the zoning code.
Centennial Fire Department - Council Member Bohjanen moved to
approve these minutes as presented. Council Member Kuether
seconded the motion. Motion carried unanimously.
OPEN MIKE
No one appeared under Open Mike.
SETTING LAST COUNCIL MEETING OF 1990
Mayor Bisel noted that the last council meeting of the year falls
on December 24, 1990. This is a legal holiday for the City.
Mayor Bisel suggested that the last council meeting be set for
Thursday, December 20, 1990. After further discussion, Council
Member Reinert moved to set the last council meeting of 1990 for
Thursday, December 20, 1990 at 6:30 P.M. Council Member Neal
seconded the motion. Motion carried with Council Member Kuether
voting no. Council Member Bohjanen asked that all newspapers and
the public be made aware of the change.
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DESIGN REVIEW BOARD, JOHN MILLER
Set Public Hearing for Rezoning of the Elementary School Site
Located Near Birch Street and West Shadow lake Drive for December
20, 1990, 7:00 P.M. - Council Member Bohjanen moved to set the
public hearing. Council Member Kuether seconded the motion.
Motion carried unanimously.
Set Public Hearing Date for Conditional Use Permit for Permitting
Expansion of a Pole Barn Located at 484 Lilac Street for December
20, 1990, 7:15 P.M. - Council Member Kuether moved to set the
public hearing. Council Member Neal seconded the motion. Motion
carried unanimously.
Discussion of Conditional Use Permit Amendment for Midwest Radio
and Television for Property on Holly Drive Near Ash Street - Mr.
Miller explained that Mr. Strommen, 6177 Holly Drive appeared
before the Council last summer expressing concern regarding the
installation of a doppler radar at the WCCO site on Holly Drive.
Mr. Miller had given administrative approval for the erection of
the doppler on top of an existing tower. WCCO has applied for a
Conditional Use Permit for the doppler radar and Mr. Jim
Christiansen, attorney for Midwest Radio and Television has asked
that the Design Review Board (DRB) make a determination that a
CUP is not needed. The DRB agreed that a CUP was not required.
Mr. Miller noted that Midwest Radio and Television has complied
with every request made of them when previous CUP's were
requested.
Mr. Miller has met with Midwest Radio and Television and the
residents in the area as well as with Mr. Strommen. No
recommendations were suggested by the residents. Mr. Strommen
was notified that this matter would be on the agenda this evening
but he was not in the audience.
Mr. Miller explained to the Council that there are two (2)
options on this matter. The first option is to agree with the
DRB and not require a CUP. The second option is to call a public
hearing for a CUP. At the public hearing the Council will be
asked to make a decision regarding whether the doppler radar will
remain on the tower or be removed from the tower.
Mayor Bisel explained that there were not structural changes made
on the property. The tower was already constructed on the
property and WCCO has the right to use the tower.
Council Member Neal asked what affect the doppler radar would
have on the Strommen property. He asked if it could be painted
blue so that it would blend into the surroundings better. Mr.
Miller said the Midwest Radio and Television had conducted a
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study on color and found that no,color would fit in all the time.
Council Member Reinert asked what is the reason for a CUP. Mr.
Miller explained the purpose is to track the use and care of the
structure or facility. The Building Inspector conducts annual
inspections of CUP sites and reports to the Council. Council
Member Reinert said he felt since there is some reason for
concern the people should be given the benefit of a doubt and a
public hearing should be held.
After further discussion Council Member Neal moved to set the
public hearing for a CUP for Thursday, December 20, 1990 at 7:45
P.M. Council Member Reinert seconded the motion. Motion carried
with Mayor Bisel voting no. Mayor Bisel noted that a public
hearing was held prior to the construction of the tower.
Review of Concept Plan for Lake Crest for Property Located on
North Side of Birch Street and West of Black Duck Drive - Mr.
Jeff Joyer representing Equity Planning presented a concept plan
for ten (10) acres of the site that was formerly Lakes Addition
No. 7. This had previously been platted for townhomes. Mr.
Joyer noted that the DRB had reviewed the concept plan and
approved it with several contingencies. The plat shows nineteen
(19) lots with four (4) of the lots backing up to Reshanau Lake.
A cul -de -sac of about 500 feet is planned and would access Birch
Street. Some lots will have driveways to Birch Street. One (1)
driveway will service two (2) lots. The townhouse was discussed
noting that the current driveway for the townhouse exits onto
East Shadow Lake Drive. Mr. Joyer said that there will be a
shorter driveway exiting on the new cul -de -sac. Mr. Joyer also
pointed out areas of soil problems and noted that the plat is
designed so that the poor soils will not interfere with
construction.
Council Member Kuether noted that the driveway that will serve as
access to two (2) homes requires a written agreement. This will
be required by the lending institution. Mayor Bisel asked about
the width of the driveway. Mr. Miller said that there was no
standard.
It was noted that the developer will not be allowed to build in
the flood plain. The flood plain will be shown on the
preliminary plat.
Mr. Miller noted that since this is a concept plan, no Council
action is required. Mr. Joyer said that he hoped to be on the
December 20, 1990 Council agenda.
Set Public Hearing for Preliminary Plat for the Wenzel Property
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for December 20, 1990, 7:30 P.M. - Council Member Reinert moved
to set the public hearing. Council Member Bohjanen seconded the
motion. Motion carried with Council Member Kuether abstaining.
Consideration of Resolution No. 79 - 90 Setting Fee for Peddler's
License - Mr. Miller noted that the Peddler's Ordinance was
enacted in February, 1989, however, to date, a fee for the
license has not been established. There has been an increased
demand for these licenses. Since there is a great deal of paper
work, police routine checks of "suspicious persons and
activities" and concern regarding cleanup a substantial license
fee is being suggested. Mr. Miller recommended that there be a
one (1) time fee of $250.00 for a six (6) month license.
Mayor Bisel asked if it would be possible to set various license
fees based upon the dollar amount of business conducted by the
transient merchant. He also suggested that each license merchant
be issued a badge. The City could charge a $50.00 license fee
and $200.00 for the badge. When the merchant returns the badge,
the $200.00 badge fee would be returned to the merchant. A badge
would identify the merchant to the homeowner and let the
homeowner know that this merchant is complying with City
regulations. Mr. Hawkins explained that requiring a license fee
based upon the amount of sales would require a report of sales.
This could require a considerable amount of staff time. Council
Member Kuether suggested that this ordinance is directed toward
street corner vendors, not driveway salesmen or repairmen. She
noted that they would require a building permit and must be
licensed and bonded.
A suggestion was made that there be a waiting period between
application for the license and issuing the license. Mr. Hawkins
said the Code could be amended to include this requirement. The
waiting period would allow the police department enough time to
check the background of the applicant. (NOTE: There is no
provision in the City Code requiring a police background check.)
Council Member Neal asked about people who advertise their cars
for sale on another persons property. It was noted that this is
not addressed in the Peddler's Code.
Council Member Reinert noted that solicitors for religious
purposes are becoming a problem. He asked that this be addressed
to see how it can be controlled.
Council Member Kuether moved to approve Resolution No. 79 - 90
setting a fee of $250.00 for "Transient Merchants" licenses.
Council Member Neal seconded the motion. On a roll call vote,
motion carried unanimously.
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Resolution No. 79 - 90 can be found at the end of these minutes.
Mayor Bisel asked that Mr. Miller draft an amendment to Ordinance
No. 01 - 89 implementing a seven (7) day delay in granting a
license.
Council Member Reinert asked that the next newsletter contain an
article regarding the Transient Merchants license requirement.
PUBLIC HEARING, PRELIMINARY PLAT, OUTLOT F
Mr. Tesch gave a brief background regarding Outlot F. A
preliminary plat for the Outlot has been completed and the
adjoining property owners have been notified that they will be
able to purchase parcels adjoining their property. A restrictive
covenant has been prepared by the City Attorney and the City will
acquire a drainage easement on the entire Outlot.
Mr. Schneider explained that he has met with the affected
residents and corner stakes have been placed on each parcel in
the Outlot. Mr. Schneider referred to an exhibit on his board
and noted that the configuration of the divided parcels have been
agreed upon in various meetings with the residents. Costs for
the subdivision of Outlot F have been prepared and payment for
each parcel by the resident will be calculated at approximately
six cents (.06 cents) per square foot. Mr. Schneider noted that
there will be additional drainage excavation. This probably will
be completed in the spring when grass can be established by
seeding. Mr. Schneider showed the location of the drainage areas
on his map. He noted the average depth of the drainage swales
will be one inch (1 "). The existing swale will be improved and
there will be no unnecessary disturbances of the natural terrain.
Mr. Schneider also noted that the restrictive covenants will
prevent anyone from regrading the area, damming any swale or
constructing a building on the newly acquired parcels. Fences
will be allowed. Mr. Hawkins noted that since the entire Outlot
is covered by a drainage easement for the City, fences could be
disturbed in the event the City had to regrade to correct a
drainage problem.
Mr. Schneider said he would like to stake the drainage swales
this fall and asked to meet with the affected residents when he
does go to the area to prepare the stakes.
Mayor Bisel opened the public hearing at 8:55 P.M.
Mr. Warren Schlichting, 1017 Lantern Circle asked what will
happen to existing stakes when the area is graded. Mr. Schneider
said they will be marked before grading and then replaced. Mr.
Schlichting asked if restaking is included in the costs presented
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this evening. Mr. Schneider said yes.
Cheryl Bussen, 6719 Partridge Place explained that the major
problem in the area is a garden located on the Outlot and a dam
that was constructed which has caused water to backup into her
backyard. She asked why the swale is proposed to be located on
her property line and not where the problem is. It also appears
that the swale will be constructed in the area where trees are
nicely established. Mrs. Bussen asked what will prevent people
from constructing other dams. She also noted that a one inch
(1 ") swale will not handle much water and asked why PVC pipe is
not being considered. Mr. Schneider explained that PVC pipe
would have to be installed very shallow under the ground. The
pipes would freeze during the winter and thaw slowly in the
spring causing a backup of water creating a worse problem. Mr.
Hawkins explained that since the City would retain a drainage
easement over the entire Outlot, it would be illegal for anyone
to regrade any portion of the Outlot. This matter is covered in
the restrictive covenants and anyone violating the covenants
could be prosecuted.
Council Member Reinert noted that it appears that the Bussen lot
should have been filled in more prior to building the house.
Mrs. Bussen explained that Regency Homes had told her that the
grading was approved by the City and that there should be no
backup of water.
Mrs. Bussen asked if the swale does not handle the water and the
water starts to head for her property, what can be done? Council
Member Reinert explained that the City must resolve the water
problem according to the restrictive covenants. He also noted
that as in any watershed, the lower end of the watershed received
more water. Mr. Schneider noted that near the exit of the
watershed, the swale will be more than two inches (2 ") and will
be sloped and blended well. The area can be mowed as part of the
lawn.
Mrs. Bussen explained that since the water backed up in a very
dry year onto her property, people will dam more and cause more
water to back up onto her property. She asked what assurances
are there that the City will address this problem. Council
Member Reinert said that he is relying on the City Engineer to
properly design and construct the swales to prevent any problems.
Mr. Schneider noted that swales have a lot more capacity than
pipes, however, they must be kept clear of all obstruction,
especially in the spring.
Carole Johnson, 6742 East Shadow Lake Drive explained that she
owns the garden on the Outlot. She explained that a dozer was
brought in this spring to alleviate the water problem on the back
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of the property at 6750 East Shadow Lake Drive. She also told
about the water problem two (2) years ago when water was pouring
from the east to the lots on the west. The drainage at that time
could not hold the volume of water.
Mayor Bisel asked Mr. Schneider why he had abandoned the proposal
for placing all drainage down the middle of Outlot F. Mr.
Schneider explained that the middle of the lot is the highest
area requiring a deeper wider drainage swale. The excavation for
this swale would have disturbed maturing trees. This present
proposal disturbs the least amount of property.
Council Member Bohjanen moved to close the public hearing at 8:15
P.M. Council Member Kuether seconded the motion. Motion carried
unanimously.
There appeared to be further input from the residents and Mayor
Bisel re- opened the public hearing at 8:16 P.M. The audience was
given information regarding the costs of platting Outlot F and
what the cost of each parcel would be to the residents. Mrs.
Bussen said she would like to see what she is getting for her
money. She said she would like to see where the new swale is to
be located and what it would look like. Mr. Schneider explained
that he will be out to Outlot F on Friday, December 7th at 2:00
P.M. to set stakes and meet with anyone who wishes to meet with
him.
Mayor Bisel asked that a decision regarding Outlot F be tabled
until the December 10, 1990 Council meeting. He asked that all
residents who wish to meet with Mr. Schneider give their names to
him before they leave this evening.
Mr. Schlichting asked Mr. Schneider to clarify where the
"perched" water was located. The area was shown on the plat map.
Council Member Bohjanen moved to close the public hearing at 8:18
P.M. Council Member Kuether seconded the motion. Motion carried
unanimously.
Council Member Bohjanen moved to table this matter until the
December 10, 1990 Council meeting. Council Member Kuether
seconded the motion. Motion carried unanimously.
ENGINEER'S REPORT
FIRST READING, Ordinance No. 18 - 90, Dan Boxrud - Mr. Boxrud
presented Ordinance No. 18 - 90 amending the lot provision
section of the Subdivision Code. He noted that the intent of the
ordinance is to address changes in trends with current
subdivisions recently approved by the Council. The first change
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will be to replace the definition of "natural water way" with the
definition of "water course ". The current Subdivision Code
requires that watercourses (including natural waterways and
drainage structures) not be included in a platted lot. This
means that ponding areas and streams are left out of a plat or
would be platted in outlots, leaving the ownership in question.
Mr. Boxrud noted that the recent direction of the City has been
to require that ponding areas and drainage ways be owned by
someone, either as easements on lots or in outlots owned by a
homeowners association. He noted that the City would not be put
in as severe a liability position with only drainage maintenance
responsibilities in an easement or homeowners association owned
outlots as compared to an outlot owned by the City. Another
advantage for the City not owning the ponding system or other
drainage ways is that the adjoining property owner can, within
limitations imposed by the CORP and the DNR, maintain their
property as they see fit, thus avoiding calls to the Public Works
Department for aesthetic maintenance.
Ordinance No. 18 - 90 has been reviewed with the DRB since
several areas of the present City Code would be revised because
of the changes in definition. The DRB has approved the changes.
Council Member Reinert stated that the City should have certain
requirements for ponds that are owned by homeowners associations.
He said the City should have a roll in how these ponds are
managed. Mr. Boxrud said that is the reason a variance would be
required for ponding owned by an association. During the process
of granting a variance the City Attorney should meet with the
homeowners association to be sure if the homeowners document
meets all City requirements. Council Member Kuether noted that
ponds that touch more than one (1) lot require an agreement
between the homeowners to address major concerns. Mr. Hawkins
explained that ponding easements would be handled in the same
manner as street easements. The City would be accepting full
control for drainage. The difference is that the homeowners
would be maintaining the ponding areas. Mr. Hawkins noted that
the ordinance addresses ponding in the same manner as the City is
addressing the Section No. 18 drainage plan. He also noted that
if problems occur, the City will correct the problems and then
assess the affected property owners for the expenses. This is
handled in the same manner as street easements. When a street
problem occurs, the City corrects the problem and assesses the
affected property owners.
Mr. Boxrud referred to the sketch attached to the "green sheet ".
The sketch shows in cross section how the proposed ordinance may
affect a lot with a steeper lawn to the pond and a lot with a
flatter lawn to the pond. The sketch shows how to determine the
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minimum usable land area in lots adjacent to ponds.
Council Member Bohjanen moved to approve the first reading of
Ordinance No. 18 - 90. Council Member Kuether seconded the
motion. On a roll call vote, motion carried unanimously.
ATTORNEY'S REPORT, BILL HAWKINS
Reschedule Administrative Law Judge - Ross Hearing - Mr. Hawkins
explained that the hearing has been rescheduled for December 19,
1990.
OLD BUSINESS
Consideration and Approval of Easements From William and Lynn
VAnAble and David T. Farrell and Lynett J. Higley - Mr. Tesch
explained that the City is acquiring a permanent drainage
easement between Lots 5 and 6, Block 3, Shenandoah, Second
Addition to correct a surface water management problem. A twelve
(12) inch storm sewer will be installed on the easement.
Council Member Reinert moved to approve the easement acquisition.
Council Member Bohjanen seconded the motion. Motion carried
unanimously.
Set Meeting Date for Park Boards Focus Meeting, Comprehensive
Plan - The meeting was set for January 12, 1991, 8:30 A.M.
Notices are to be sent to all persons involved in this matter.
Notice of Property Tax Increase as Published in the Local
Papers - Council Member Reinert referred to the legal notice
published in the Quad Press regarding the public hearing and
property tax increase. He asked that it be explained to the
public that there is not going to be a 21.9% increase in property
taxes. Mr. Tesch explained that Mr. Schumacher had printed a
notice in the same paper explaining that there would not be an
large increase in property taxes. Council Member Reinert asked
that Mr. Schumacher's notice also be put in the next newsletter.
Mayor Bisel noted that the legal notice printed in the paper is
the requirement of the State. He asked that Senator Dahl's and
Representative Quinn's telephone numbers be included in all
explanations so that citizens can call them to complain about the
confusing legal notices. Mayor Bisel also asked Mr. Tesch to put
these telephones numbers on the local cable TV station.
Regional Transportation Plan - Mr. Miller explained that several
weeks ago he noticed that not all neighboring communities were
paying the same regional transportation tax rate as Lino Lakes.
For instance, the City of Centerville pays one half the rate Lino
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Lakes pays. Mr. Miller noted that the tax rate is supposed to be
based upon the amount of service received. He also noted that
some cities have opted for lesser services and lesser tax rates.
He noted that the City of Plymouth pays a lower rate than Lino
Lakes does. Mr. Miller has written to the Transit Board and
asked what benefit Lino Lakes is receiving for the $100,000.00
per year that Lino Lakes is being taxed. To date this
information has not been received.
Mr. Miller said he has reviewed the transit service in Lino
Lakes. Presently there are two (2) routes. One route serves the
prison and the second route serves the northern area. There does
not appear to much ridership. There was discussion regarding who
uses the services. It was noted that persons visiting the prison
and persons working at the prison appear to use the service the
most. The question was raised as to why Lino Lakes should pay
for that service.
Mr. Miller and Mr. Boxrud will attend a meeting on December 11,
1990 from 7:30 A.M. to 9:00 A.M. sponsored by the Transit Board.
They were asked to determine who uses the transit services in
Lino Lakes and what can be done about reducing the rate of
property taxes for the City. Mayor Bisel also asked the staff to
check the transit service for the Stillwater Prison to determine
what the transit relationship is for that facility. Mr. Miller
noted that there are other northern suburbs asking these same
questions.
Mayor Bisel complimented the Staff for pointing out this apparent
inequity.
Budget Meeting - A Council Budget Meeting was set for Wednesday,
November 28, 1990 at 4:00 P.M.
Council Member Reinert moved to adjourn at 9:02 P.M. Council
Member Bohjanen seconded the motion. Aye.
These minutes were consider, corrected and approved at a regular
Council meeting on December 10, 1990.
Marilyn G. Anderson,
Clerk- Treasurer
4 %
Harold L. Bise
Mayor
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RESOLUTION NO. 79 -90
A RESOLUTION SETTING THE LICENSE FEE FOR TRANSIENT MERCHANTS,
PEDDLERS, AND OTHER BUSINESS OPERATIONS DEFINED IN LINO LAKES
ORDINANCE NO. 01 -89.
WHEREAS, The City of Lino Lakes has adopted Ordinance No. 01 -89 to
regulate the business activities and locations of certain
commercial and retail operations including "transient merchant ",
"peddlers ", and "can vasser ", and
WHEREAS, Licenses are required of such business operations, and
WHEREAS, hours of operation, business locations, and signage are
limited by Ordinance No. 01 -89, and must be monitored by city
personnel, and
WHEREAS, the city's police department and city clerk must check and
collect thirteen specific items including but not limited to
photographic, criminal history, vehicles used if any, and business
credentials,
NOW, THEREFORE BE IT RESOLVED THAT THE CITY OF LINO LAKES HEREBY,
establishes the fee for licenses issued under Ordinance No. 01 -89
at $250.00.
This resolution shall take effect upon its
as required by law.
Adopted by the City Council of the City o
of November 1990.
/t4e-(7
Harold L. Bisel
no Lakes this 26th day
Marilyn . Anderson, City Clerk- Treasurer