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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. PAGE 1 1 1 1 1 1 1 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 2 0g5 096 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 3 1 1 1 1 1 1 COUNCIL MINUTES NOVEMBER 26, 1990 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. PAGE 4 097 r q8 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 5 1 1 1 1 1 1 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 6 099 100 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 7 1 1 1 1 1 1 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 8 f nI 102 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 9 1 1 1 1 COUNCIL MINUTES NOVEMBER 26, 1990 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 PAGE 10 103 104 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