Loading...
HomeMy WebLinkAbout01/14/1991 Council Minutes1 1 COUNCIL MEETING JANUARY 14, 1991 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 6:30 P.M. Council Members present: Neal, Kuether, Reinert. Council Members absent: Bohjanen. City Attorney, Bill Hawkins, Engineer's, Darrell Schneider and Dan Boxrud; Planner, John Miller; Building Inspector, Pete Kluegel; Accountant, Paula Scholer and Clerk - Treasurer Marilyn Anderson were also present. CONSENT AGENDA Council Member Neal moved to approve the following disposition of consent agenda items. Council Member Reinert seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES - Council Budget Work Session, November 28, 1990 - Council Budget Work Session, December 7, 1990 - Council Budget Work Session, December 11, 1990 - Reconvened 1990 Council Budget Public Hearing, December 12, 1990 - Regular Council Meeting, December 20, 1990 DISBURSEMENTS - December 28, 1990 - January 14, 1991 - Centennial Fire Department Consideration and Approval of Quit Claim Deed from North Suburban Development, Inc. for Utility and Drainage Purposes OPEN MIKE Approved Approved Approved Approved Approved Approved Approved Approved Approved Annual Report RISE, John Barett - Mr. Barett thanked the City Council for their past support of the RISE program. He gave a brief outline of where RISE is located and the services RISE provides for handicapped persons which include training and transportation to the training centers. He noted that during 1990, twelve (12) persons from Lino Lakes were served. Mayor Bisel thanked Mr. Barett for coming this evening. He explained that the Council is taking requests from several organizations and these requests will be evaluated. PAGE 1 188 189 COUNCIL MEETING JANUARY 14, 1991 Annual Report Forest Lake Youth Service Bureau (FLYSB), Mike Conway - Mr. Conway thanked the Council for their past support. He noted that the bureau has operated under a contract with this City as well as other municipalities. Mr. Conway noted that services are provided beyond the Forest Lake School District and during 1990 served one hundred eighty (180) students from Lino Lakes. Mr. Conway noted all of the programs available to young people and their families in Lino Lakes. He also explained that many of the programs are operated immediately after school and transportation was provided to the site. A program site in Lino Lake was discussed. It was noted that Anoka County is constructing a new youth facility in Lino Lakes and there may be space available to the FLYSB. There will be follow up on this matter. Ms. Jane Fedderly of the FLYSB explained that she is a volunteer board member living in the City of Wyoming. She explained that she is excited about expanding the services of the Bureau and working closely with Chisago County. Mr. Steve O'Neil, Director of the Board for the FLYSB said he felt accessibility was one of the most important aspects of providing services. He said he was receptive to looking at satellite sites. Mr. O'Neil explained that FLYSB believes strongly in prevention efforts, however the financial situation is presently very tight. He noted that the 1990's is the decade of the child. Mr. O'Neil also explained that keeping the child in the home is a goal of social services. The Council thanked the FLYSB for their presentation. Annual Report Alexandra House, Pat Prinzevalli - Ms. Prinzevalli gave a brief background on this facility. She noted that the program is ten (10) years old and the program consists of five (5) components. Ms. Prinzevalli requested assistance in continuing the program that assists women and children not eligible for County funding. Mayor Bisel asked if Ms. Prinzevalli had any figures on the success rate of the program. Ms. Prinzevalli explained that sometime women and their children may come back two (2) or three (3) times. However, generally they do not return after the first time. Mayor Bisel asked if there is a battered men's program. Ms. Prinzevalli said that it is part of the victims services unit. She noted that battered men are in the process of organizing and being recognized. The Council thanked Ms. Prinzevalli for coming this evening. PAGE 2 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 Annual Report Anoka County Community Action Program, Inc. - Elaine Bangarud - Ms. Bangarud thanked the Council for their past support of the senior outreach program which is a part of the Community Action Program. She explained the program noting that volunteers are sent into private homes to determine what services are needed. Often, the volunteers find cold homes and homes in need of weatherization. Ms. Bangarud noted that a major problem for senior citizens is understanding the process of getting assistance. The senior outreach volunteer assists in determining what programs are available to each particular senior citizen and also assists in securing the needed help. Ms. Bangarud explained that Council Member Neal is a volunteer for the Senior Outreach Program and thanked him for his services. Al Ross, from the audience asked that Council Member Neal be recognized for his services. Mayor Bisel thanked Ms. Bangarud for her report. He noted that it is important to keep all lines of communications open and expressed his appreciation to all who came this evening to give reports. Mayor Bisel explained that the Council had requested that reports from the above four (4) organizations be given this evening and further citizen input regarding the 1991/1992 Community Development Block Grants Funds will be taken on February 11, 1991. A decision regarding the allocation of the Community Development Grant Funds will be made at that time. PRESENTATION OF ANNUAL BUILDING OFFICIALS REPORT Pete Kluegel, Building Official presented his year end report. He noted that 350 building permits were issued in 1990 for a total valuation of $23,229,413.00. Building permits for 176 new homes were included in the building permit total. Mr. Kluegel noted that a $6,000,000.00 construction project is being planned for the Minnesota Correctional Facility on 4th Avenue. The building department will continue to monitor all business signs and see that they comply with the current ordinances. This department will also continue to watch for ordinance violations and bring them into compliance with local and state ordinances. Mr. Kluegel explained that departmental forms have been upgraded and procedures are being streamlined. In addition a new "Home Builders Booklet" was recently composed and has met with favorable acceptance. Mr. Kluegel said that the state of the economy and the Saudi Arabia conflict leads him to be conservative in his predictions for 1991 regarding new home starts. Mayor Bisel said he was disturbed by the lack of PAGE 3 19U _ 19 COUNCIL MEETING JANUARY 14, 1991 commercial /industrial /multi- family construction. Council Member Reinert noted that the same thing is happening in other municipalities. Council Member Reinert asked about the breakdown of other permits. Mr. Kluegel explained that these were remodeling, additions or garage permits. He noted that three (3) season porches were very popular in 1990. Council Member Reinert explained that he felt developers and builders should be licensed. Mr. Kluegel explained that currently all builders working in the City must be licensed and bonded. He also noted that there is a move to start state licensing of all contractors. SECOND READING, ORDINANCE NO. 19 - 90, REZONE LEHMANN, JORGENSEN PROPERTY FOR NEW CENTENNIAL ELEMENTARY SCHOOL Mr. Miller explained that this rezone request is the proposed site of the new Centennial Elementary School. The Council has already approved the subdivision of this property. Council Member Reinert moved to adopt the second reading of Ordinance No. 19 - 90 and dispense with the reading. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 19 - 90 can be found at the end of these minutes. PUBLIC HEARING, RESHANAU LAKE TRUNK SEWER IMPROVEMENT Mr. Schneider explained that this proposed trunk sewer improvement replaces the previous Chomonix Trunk Sewer improvement and includes only the properties that have not petitioned against sewer service. Mr. Schneider used the overhead projector to outline the area served by the Chomonix Trunk Sewer improvement. He also explained that the Brandywood Estates and Pheasant Hills Preserve subdivisions will use this system rather than flow into the Centerville lift station as previously planned. Mr. Schneider explained that the Laurene Street lift station will be phased out and a new lift station will be constructed on Ware Road. The Shenandoah lift station and the Fawn Lane lift station will be eliminated entirely. The estimated cost of this improvement is $1,152,000.00. This figure includes all temporary services. Mr. Schneider reminded the Council that at a previous Council meeting he had presented an amendment to the current assessment policy. This amendment would allow the City to include street right -of -way in the total assessable area of an improvement. Mr. PAGE 4 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 Schneider said that this amendment will be very important to this improvement. There is a great deal of acreage lost to wetlands, so the improvements will need all the assessable area possible to make it feasible. The improvement will be financed through assessments. The properties involve will realize an assessment of $825,500.00. As adjacent areas develop, another $1,200,000.00 will be realized. The tentative schedule is as follows: - 60 day waiting period begins this evening - will recommend that the Council order preparation of plans and specifications this evening - bids will be taken in late March, 1991 - bids will be opened in early April, 1991 - construction will begin in late May or early June, 1991 - improvement to be completed in November, 1991 - assessment can be approved in 1991, collectable 1992 Mayor Bisel opened the public hearing at 7:34 P.M. and explained the procedure for conducting the public hearing. Ted Madtke, Engineer for Rick Carlson, PineRidge - Mr. Madtke asked if the wetlands in PineRidge would be assessable. Mr. Schneider explained that the assessment policy provides for a deduction for undevelopable wetlands. Mr. Schneider will meet with Mr. Madtke to determine assessable acreage for PineRidge. Mr. Madtke explained that the lot sales in Woodridge Estates have been very slow due to the poor economy. He also noted that there is a large supply of R -1X lots in Lino Lakes and Mr. Carlson has asked Mr. Madtke to express to the Council that he believes that he is not in a position to develop PineRidge at this time with R -1X lots. He further explained that as the project is now designed, he cannot proceed. Gary Barott, 681 Birch Street explained that he owns approximately fifty (50) acres in the proposed improvement. He said that he believes that at this time he would be unable to sell his property for development. Council Member Reinert moved to close the public hearing at 7:42 P.M. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Mayor Bisel explained the sixty (60) day waiting period will begin at this time. This will allow time for the landowners to determine how they wish to proceed. PUBLIC HEARING, 66TH STREET IMPROVEMENT PAGE 5 192 3 COUNCIL MEETING JANUARY 14, 1991 Mr. Boxrud explained that on December 10, 1990 the City Council set this public hearing to determine the possibility of constructing 66th Street west from 24th Avenue for approximately one quarter of a mile. Mr. Boxrud used the overhead projector to explain the location of the proposed improvement, pointed out the existing right -of -way and explained how the street can be extended in the future to Otter Lake Road. A minor subdivision for the Lowell property on the south side of 66th Street was granted. This approval was contingent upon 66th Street being improved to City standards. The standards include the normal thirty two (32) foot width, proper drainage, concrete curbs and gutters, street lighting at 24th Avenue and a installation of a temporary cul -de -sac. The total proposed cost of the improvement is $160,600.00. Mr. Boxrud explained that the improvement project is feasible however, the cost would be approximately $20,000.00 per lot. He explained that an appraiser would have to determine if the value of each lot would be increased sufficiently to allow the large assessment. Mayor Bisel had stepped away from the Council table and Council Member Reinert opened the public hearing at 7:47 P.M. and asked for comments from the audience. Doug Westbrock, 6569 - 24th Avenue explained that he owns the property adjacent to the north side of the proposed 66th Street. Mr. Westbrock said that he is opposed to the improvement. He purchased the property to get out of the city and do some light farming and have horses. Mr. Westbrock said he has no plans for future development. Rick Game, Burnett Realty told the Council that he has prepared a market analysis complete with a recent comparable sale. After investigation, Mr. Game felt that Mr. Westbrock has only one buildable lot because of poor soils on the west portion of the property. He noted that other comparable lots have a long market time and subdivision of Mr. Westbrock's property does not seem feasible. Darla Lowell, 6559 - 24th Avenue explained that she and her husband purchased the property three and one half (3 1/2) years ago. The property was and is currently zoned for two and one half (2 1/2) acre lots. Originally, the intention was to build two (2) houses on the property. Ms. Lowell explained that never in her wildest dreams did it occur to her that she would have to go through what she has already gone through. Ms. Lowell told the Council that she did not see why this proposed road had to be a full "City" road. She said she is asking for a twenty four (24) foot wide road, constructed to the previous rural standards. Ms. Lowell noted that in the past the Council has approved roads PAGE 6 1 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 that did not meet the standards. She also asked the Council to pay for a portion of the street since it will in the future provide an important link to Otter Lake Road. Ms. Lowell said that she is sympathic with Mr. Westbrock, however he knew what was being planned before he purchased the property. She also said that she knows several people who want to purchase her lots. Ms. Lowell said that she has been told Mr. Westbrock has four (4) buildable lots. Ms. Lowell said that all she is asking is that access be provided to her property in some other manner than what has been suggested by the feasibility report prepared by Mr. Boxrud. Joe Tomallo, Ms. Lowell's father explained that he is in real estate and said he agrees that the market is now "soft ". However, the property is highly desirable. He read a portion of an article prepared by the Metro Council. Previous Mayor Benson, Council Member Reinert and Mr. Miller were quoted in the article. Council Member Reinert said that Lino Lakes has to look to its own developmental future and not necessarily what the Metro Council is demanding. Mr. Tomallo said he is suggesting that a rural standard road is possible and it will reduce the cost. He said it did not appear that a connector street is feasible for this area at this time. Dave Ryan, Burnett Realty explained that the market appraisal on the Westbrock property speaks for itself. He also noted that Mr. Westbrock has a clause in his mortgage that may require him to refinance if an improvement takes place. This may force him to sell his property. Jay Kane, 6585 Otter Lake Road told the Council that he owns the twenty (20) acres west of the Westbrock property. He said he sympathizes with the Westbrock's and with the Lowells. He said he felt that it was wrong for the City to tell the Westbrocks that he has to pay for a road that he does not want. Mr. Kane said that Mr. Westbrock has a basic right to keep his home. If the Lowell's want the road, they should pay for it. He also noted that there is no overwhelming public need for this road. It can only service four (4) lots. Mr. Kane also noted that the Council was elected to represent the citizens of Lino Lakes and they should protect their interest. He noted that the proposed extension of 66th Street to the west would go through his horse pasture. He explained that he was fully aware of the easement when he bought his property. However, he has not intention of developing his property and no intention of paying for this road. He told the Council that they have no right to tell him that he has to sell his land. Ms. Lowell noted that the land to the south of Mr. Kane is owned PAGE 7 195 COUNCIL MEETING JANUARY 14, 1991 by a Mr. Ronald Palman who is in favor of the road extension to Otter Lake Road. She noted that he has talked about eventually extending the road. Ms. Lowell asked why the road was be extended beyond 180 feet of the west lot. It was explained that the road is proposed to extend the entire length of the west lot because at some point the street will be extended to the west. She noted that since the police department and fire department want this road to be completed, she was surprised that there is no money to pay some of the costs. Mr. Hawkins explained that the Council can close the public hearing this evening and begin the sixty (60) day waiting period for the improvement project. During this time, the staff and landowners can meet and possibly amend the project. The Council will have to decide whether or not to deviate from the current street standards, order the improvement as proposed or deny the improvement. Council Member Reinert asked why this proposal is for a standard City street. Mr. Boxrud explained that the Council had amended the street standard last spring to include concrete curb and gutter. He explained that if the Council wants to deviate from the current standards, a ordinance change must be approved. Council Member Neal asked why the Lowell's cannot have a gravel road? It was explained that the City street standards do not allow for a gravel street. Ms. Lowell said that originally she had asked for a gravel road to service two (2) homes on the property. This request was denied. Mayor Bisel asked if exceptions have been made to the current City street standards. Mr. Boxrud said no, there has not been a request to construct a City street since the new street standards were enacted. Mr. Hawkins explained that this City has a standard for streets and if the Council wishes to deviate from the current standards, an ordinance change must be enacted. Council Member Reinert said that the current street standards were enacted to avoid what is happening with this proposed improvement. There is a need for public safety in this portion of the City. He noted that there is a possibility of extending the street to Otter Lake Road in the future. Ms. Lowell said that she did not object to a blacktopped street. However, the feasibility shows $18,000.00 for curb and gutter and $40,000.00 for administration. She felt the costs could be greatly reduced by reducing the requirements. Council Member Reinert suggested that this would not be fair to others who were PAGE 8 1 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 required to install their street to City standards. Ms. Lowell noted that the City is considering upgrading 24th Avenue. The improved 24th Avenue will still not be constructed to City standards. Mayor Bisel noted that 24th Street is a boundary street and Hugo is very rural and has a policy of not building curbs and gutters. He also noted that very little of that street is in Lino Lakes. Mr. Boxrud noted that there has been no street construction since the new street standards were adopted. If the Council wishes to deviate from the current standards and change the ordinance, no one will be hurt. Council Member Reinert said he felt that the current standards were right last spring and did not feel they should be amended again. He noted that the Council cannot continually "flip flop" on this issue. Mayor Bisel noted that the current street standard does not distinguish between a rural street and a city street. Ms. Lowell suggested that the Council look at changing the ordinance. She noted that maybe there should be a road standard for two and one half (2 1/2) acre lot subdivisions. She said that there is a need for an affordable way to access rural lots. Council Member Reinert moved to approve Option No. 1, consider the contents of the report and the comments of the affected property owners and begin the sixty (60) day petitioning period. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Ms. Lowell asked if this action meant that a lesser street was totally denied. Mayor Bisel said we are in the waiting period and will wait to see if petitions come in. If the project is accepted it will be constructed to current City standards. Ms. Lowell noted that the only people who can petition are she her husband and the Westbrock's. This means that it is a fifty - fifty (50/50) petition. She asked if anything has been decided this evening. Mr. Hawkins said that Council cannot act on the proposed improvement for sixty (60) days. They then can order the improvement as proposed or it can be reduced. However, if the proposed improvement is reduced, the ordinance will have to be amended. Mr. Westbrock noted that according to the City Charter, a landowner cannot be assessed unless there is a benefit. The Council took a five (5) minute break at 8:35 P.M. PUBLIC HEARING, PRELIMINARY PLAT, WENZEL FARMS Mr. Miller explained that this proposed preliminary plat is located south of Elm Street and west of Lake Drive. The property PAGE 9 196 19/ COUNCIL MEETING JANUARY 14, 1991 has been purchased by Roger Hokanson. A plat of single family homes and town homes is being proposed. The Design Review Board (DRB) and the Park Board have both reviewed the plat. A proposed plat was displayed. Mr. Miller explained that the James Hill property borders a portion of the property. It is being proposed to sell Mr. Hill twenty (20) feet of the property. The Hill's have asked that and additional fifteen (15) feet be sold to them so that they can subdivide their property. This will not hurt the plat and will provide a larger curve in the street coming from the north. Mr. Miller noted that sanitary sewer and municipal water is available and no new trunk facilities would have to be constructed to serve the area. The Park Board is obtaining some property in the town house area for park purposes and trails will be constructed to provide access to the park areas. In January, 1990 a representative of the Wenzel Estate appeared before the DRB and proposed that the area be rezoned for town homes. The DRB asked that a preliminary plat be prepared and also asked that the boundary between the single family homes and the town homes "meander" so that there would be no definite boundary between the two types of homes. The DRB had another concern and that was that they wanted to see exactly what they were getting for town homes. Kirk Corson has prepared elevations and a landscape plan for the town homes. These plans will be before the DRB in February and will be before the Council on February 28, 1991. Mr. Miller said that the proposed town homes were very good, not junk. At this time there is concern regarding the grading plans. The hearing this evening is for the single family homes only. The town home plan will be before the Council in February. However, the applicant would like to be assured that he can stock pile dirt from the west portion of the property (site of single family lots) onto the east portion of the property (site of town homes). The dirt will be needed to build pads for some of the town homes. Mr. Miller recommended approval of the single family preliminary plat including the stipulation outlined by the DRB, the Park Board and the City Engineer. Council Member Reinert asked about lots that appear to be double fronted. Mr. Miller said these lots back up to the town homes. They will be bermed to indicate a separation. In some areas, ponds will separate the two types of housing. Council Member Reinert told Mr. Miller he appreciated the fiscal impact statement prepared by Mr. Miller. He felt this was an PAGE 10 1 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 important tool to have for every development. Council Member Reinert asked Mr. Miller to rate this subdivision in terms of impact on the City. Mr. Miller said he would say a six (6) or six and one half (6 1/2). The location is probably the best in this City. He also noted that more residents will draw more commercial development. Mayor Bisel opened the public hearing at 9:17 P.M. Kirk Corson representing the developer stated that if the property is platted so as to allow Mr. Hill a total of thirty five (35) feet, he will still have a substandard lot. Mr. Corson used the overhead projector and showed areas of the subdivision that will need fill. This fill is planned to come from other areas of the subdivision. Mr. Corson said that he will need to know what density will be allowed for the town homes so that pads can be constructed with the fill dirt. Mr. Corson also addressed the park dedication issue. He noted that the area previously looked at by the Park Board may be changed. Mr. Miller is aware of this and he has consulted with the Park Board Chairman on this matter. Mayor Bisel asked what is the recommendation for the Hill property. Mr. Miller said that the DRB had addressed this situation. It was felt that a variance should be granted to "help out a local resident ". Cathy Carlson, 321 Elm Street felt that this project had gone to far and said she was appalled by the proposed density. She said she would like to think of Lino Lakes as free and open. Mrs. Carlson said she felt the suggested selling price of $95,000.00 will be reduced to a more realistic figure. Mrs. Carlson also expressed concern that so much of the traffic from the planned subdivision will be exiting on Elm Street. She asked if a street light would be placed at Lake Drive and Elm Street. She also expressed concern because it appeared that the houses would be constructed very close together. Council Member Reinert moved to close the public hearing at 9:37 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Miller recommended that the Council approve the preliminary plat for the single family homes and give a statement to the developer regarding the proposed seventy five (75) town homes subdivision. The developer needs to know that the City will allow him to build the town homes so that the pads for the town PAGE 11 198 199 COUNCIL MEETING JANUARY 14, 1991 homes can be graded at the same time grading is done for the single family homes. Council Member Reinert asked if there will be two (2) stall garages for all town home units and if there will be overflow parking provided. Mr. Corson said yes to both portions of the question. Council Member Reinert moved to accept the preliminary plat for Wenzel Farms including the intent to allow for grading of seventy five (75) town homes which will be constructed at a later date following the rezone approval of the designated acreage. Council Member Neal seconded the motion. It was noted that the town home portion of the preliminary plat will be before the DRB in February and the Council will be receiving a recommendation for that portion of the plat as well as the DRB recommendation for the rezoning. On a roll call vote, motion carried with Council Member Kuether abstaining. Mr. Corson said that he would like to be informed immediately if it appears that the rezone for the town homes will fail. Council Member Reinert said that based on everything that has happened this evening, there is every intention to rezone the town home property. Council Member Reinert moved to set the public hearing for the rezone of the town homes for February 25, 1991 at 7:00 P.M. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. Council Member Reinert moved to set the public hearing for the preliminary plat of the town homes for February 25, 1991 at 7:15 P.M. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. ENGINEER'S REPORT Resolution No. 07 - 91 Ordering Plans and Specifications for Reshanau Lake Trunk Sewer Improvement - Mr. Schneider explained that the public hearing was held earlier this evening and the project has been revised to include only those properties that have not petitioned against the improvement. In order to meet the project schedule outlined in the feasibility report the City Council should authorize the Engineer to prepare plans and specifications during the sixty (60) day waiting period. Mr. Schneider noted that if the plans are prepared and the project is put on hold, the plans will still be usable and the future project will proceed faster. Council Member Reinert moved to approve Resolution No. 07 - 91 and order the Engineer to prepare plans and specifications for the Reshanau Lake Trunk Sewer Improvement. Council Member Neal PAGE 12 1 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 seconded the motion. Mr. Schneider explained that if the project is put on hold, the cost of preparing the plans and specification will come from the Area Charge Fund. On a roll call vote, motion carried unanimously. Resolution No. 07 - 91 can be found at the end of these minutes. CONSIDERATION AND APPROVAL OF THE OUTLOT F PRELIMINARY PLAT Mr. Tesch explained that the public hearing for this preliminary plat was held on December 10, 1990. Mr. Schumacher was asked to research to determine what structures are currently on Outlot F and to bring this information to the Council at this meeting. This information is available this evening. The Protective Covenants for Outlot F were also addressed at the December 10, 1990 Council meeting. It was suggested that Article 1., Land Use be amended to include, "or any other structure that impedes water run off ". Council Member Reinert asked if the prospective purchasers will be fully aware that the City can remove anything that disrupts water flow. Mayor Bisel asked if the City would have legal authority to remove obstacles. Mr. Hawkins said the City will have the legal authority because the City is retaining a easement over the entire Outlot. He also said that each buyer would receive a copy of the Protective Covenants and should be well informed. Cheryl Bussen, 6719 Partridge Place said she felt the wording proposed for the Protective Covenants sounded good. She asked if the homeowners will be notified before the bulldozer does anything with the property. Mr. Hawkins said that there is a problem, the City will notify the offending property owner. If the problem is not corrected by the property owner, the City may have to get a court order to enter the property and correct the problem. Ms. Bussen asked if she could be allowed to see the plans for the swale behind her house before it is constructed. Mr. Schneider said he would meet with the residents prior to the construction. He noted that the swale behind her property should be about one (1) foot deep. Payment for the individual parcels was discussed. It was noted that the cost cannot be assessed to their property taxes. It is a purchase of property and the buyer will be expected to pay for the parcel. Council Member Kuether moved to accept the preliminary plat of PAGE 13 201 COUNCIL MEETING JANUARY 14, 1991 Outlot F. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. PLANNER'S REPORT Resolution No. 04 - 91 Vacation of Fox Road, Colonial Woods Subdivision - Mr. Miller explained that Fox Road is a "paper" street which would extend into Reshanau Lake Estates South if completed. The last time this street was addressed the Council agreed to surface this street once 75% of the remainder of the Reshanau Lake Estates South subdivision was developed. However, recently the U.S. Army Corps of Engineers has determined that the extension of Fox Road would require the filling of wetlands. The USACOE will not give a permit for the filling. The developer of Reshanau Lake Estates South is currently in the process of revising his preliminary plat to show that access to the south part of the plat will be through the Birch Woods subdivision. This makes the stub of Fox Road in the Colonial Woods subdivision useless and Mr. Miller recommended that it be vacated. Council Member Reinert said if Fox Road is not completed some residents in the area may be put at risk in the event of an emergency. He asked that this matter be investigated further and not just take the USACOE word for it. Council Member Kuether moved to adopt Resolution No. 04 - 91 and set the public hearing for February 11, 1991 at 7:15 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 04 - 91 can be found at the end of these minutes. Mr. Miller will research this matter further with the USACOE. Resolution No. 05 - 91 Declaring Adequacy of Petition and Ordering Preparation of Report, Thomas Street Extension - Mr. Miller explained that he wishes to meet with the affected landowners before the Council makes any decision. He asked that this item be tabled. Council Member Neal moved to table this item. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 06 - 91 Declaring Adequacy of Petition and Ordering Preparation of Report, Wenzel Farms - Council Member Reinert moved to approve Resolution No. 06 - 91 contingent upon receipt of an $4,000.00 escrow. Council Member Neal seconded the motion. On a roll call vote, motion carried with Council Member Kuether abstaining. Resolution No. 06 - 91 can be found at the end of these minutes. PAGE 14 1 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 FIRST READING, Ordinance no. 02 - 91 Amending the Zoning Ordinance to Allow Contractors Storage Yards in Residential Zones - Mr. Miller explained that there is a business located in a Residential District on a one and one half (1 1/2) acre lot. He and Mr. Kluegel have met with the landowner several times to let him know that he is in violation of the City Ordinance. The matter has been referred to the City Attorney and a hearing date has been set in the Anoka Court House. The attached ordinance amendment is intended to give the Council an opportunity to rezone the property so that further legal action will not be needed against the landowner. Mr. Miller noted that if Ordinance No. 02 - 91 is adopted, all residential districts will be affected and the Council must decide whether they really want to see contractor storage yards in residential districts. The proposed ordinance amendment was presented to the DRB. They did not recommend approval of the amendment. Mr. Miller reminded the Council that the landowner did appear before the Council about a year ago to request a rezone to Light Industrial. This request was deemed "spot zoning" and would be illegal. A Conditional Use Permit for this type of land use is not allowed by the current Ordinance. It was determined that the current landowner was aware of the zoning when he purchased the property and moved his business to the property. Mr. Miller said that he and Mr. Kluegel are required by the City Code to enforce the current Codes. The landowner is not interested in negotiating any more and the court action was commenced. Council Member Neal noted that this business employs sixteen (16) people. He felt that if this business is forced out of the City there is a possibility that twenty four (24) other businesses would also be forced out. Council Member Neal said he felt that action against this landowner has gone too far and moved to approve Option No. 1 approving the first reading of Ordinance No. 02 - 91. There was no second to this motion and the motion failed. Council Member Reinert said he felt that the City Staff is carrying out the City Ordinances as they are written and approved by the City Council. However, he felt that the business in question is employing sixteen (16) people and needed some consideration. He felt that there should be some compromise. Mr. Miller explained that a fair amount of time has been spent with the landowner trying to talk him into relocating his business. Council Member Kuether said she understood Council Member Neal's feelings about this situation, however if this landowner is going to operate a business, the land should be properly zone. Council Member Reinert said that he would not condemn City Staff for doing their job. PAGE 15 202 203 COUNCIL MEETING JANUARY 14, 1991 Mr. Miller noted that there are some residents and possible some Council Members who believe that all property along Lake Drive from Main Street north to the Columbus Township border should be zoned commercial. However, this particular business would need Light Industrial zoning. This constitutes "spot zoning" which is illegal in Minnesota. Council Member Reinert suggested that Staff meet with the landowner one (1) more time to try and negotiate a mutual agreement. He asked that Council Member Neal sit in on this meeting. Council Member Reinert moved to have the Building Official, City Planner and Council Member Neal meet with the landowner one more time to try to come to a better understanding of the problem. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. ENGINEER'S REPORT Resolution No. 08 - 91 Amending Assessment Policy to Include Street Right -of -Way in Assessable Property - Mr. Schneider said that the current Assessment Policy for determining the area of a parcel does not consider street right -of -way acreage to be assessable acreage. Resolution No. 08 - 91 will revise the current policy and will include the street right -of -way acreage in the assessable acreage computation. It will be necessary to revise this policy to provide the revenue return necessary to complete trunk facilities. Most other municipalities treat street right -of -way in this manner. Council Member Kuether moved to approve Resolution No. 08 - 91 and amend the Assessment Policy. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 08 - 91 can be found at the end of these minutes. OLD BUSINESS There was no Old Business. NEW BUSINESS Resolution No. 01 - 91 Transferring Fund Balances - Ms. Schloer asked the Council to table this item until the next Council meeting. Council Member Kuether moved to table this item until the next Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 02 - 91 Amending the 1990 Budget (Police Holiday PAGE 16 1 1 1 1 1 COUNCIL MEETING JANUARY 14, 1991 Pay) - Council Member Reinert moved to adopt Resolution No. 02 - 91. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 02 - 91 can be found at the end of these minutes. Resolution No. 03 - 91 Establishing General Fund Reserves and /or Designations - Council Member Reinert moved to adopt Resolution No. 03 - 91. Council Member Neal seconded the motion. Council Member Kuether expressed concern because about $53,000.00 was taken from Reserves to balance the 1991 Budget. It was noted that the Auditors recommend that a balance equal to six (6) months operating costs be keep at all times. There currently is a sufficient balance. Ms. Schloer noted that the Council will review the 1991 Budget and Reserve Fund Balance from time to time and make necessary adjustments. Mr. Tesch noted that the State is looking at municipal contingency funds for additional State revenue. On a roll call vote, motion carried unanimously. Resolution No. 03 - 91 can be found at the end of these Council minutes. Acknowledgement of Invitation to Forest Lake Youth Service Bureau Annual Meeting - Mrs. Anderson explained that this is included for Council information only. She will make reservations for any Council Member wishing to attend. Set Public Hearing for Preliminary Plat, Lake Crest for Monday, February 11, 1991, 7:45 P.M. - Council Member Reinert moved to set this public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Bisel asked Cable Technician, Brian Roeller to come before the Council. Mayor Bisel explained that Brian has been cable casting the Council meetings for a year and expressed his appreciation and the appreciation of the Council to Brian for his work and dedication. Council Member Kuether moved to adjourn at 11:05 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on February 11, 1991. ar ly /G.. Anderson, Haro d L. Bise Clerk - easurer Mayor PAGE 17 204 205 Council Member Reinert ordinance and moved its adoption: introduced the following CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 19 -90 AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO PUBLIC - SEMI - PUBLIC, (PSP). I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 02 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Single Family Executive (R -1X) tc Public - Semi- Public (PSP), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: That part of Government Lot 5, Section 29, Township 31, Range 22, Anoka County, Minnesota lying south of the east -west Quarter line of said Section 29 except that part which lies south and west of the following described line: Commencing at the West Quarter Corner of said Section 29; thence South 88 degrees 51 minutes 16 seconds East, assumed bearing, along said east -west Quarter line 1319.33 feet, thence South 00 degrees 32 minutes 38 seconds West, along the West line of said Government Lot 5, a distance of 1023.34 feet to the point of beginning of the line to be described; thence South 88 degrees 52 minutes 00 seconds East 420.02 feet; thence South 00 degrees 32 minutes 38 seconds West 240.02 feet to the South line of said Government Lot 5 and said line there terminating. Together with that part of Gevernment Lot 4 Section 29, Township 31, Range 22, Anoka County, Minnesota lying westerly of the following described line; Beginning at a point on the south line of said Government Lot 4 distant 658.50 feet east of the southwest corner of said Government Lot 4; thence northerly to a point on the northerly line of said Government Lot 4 distant 659.80 feet east of the northwest corner of said Government Lot 5 and said line there terminating. Subject to a road easement over the easterly portion thereof. II. 1 1 1 1 1 Save as above amended, said Ordinance PJc. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council of the City of Lino Lakes this 14th day of January , 1991. Harold L. Bisel, Mayor Marlilyn 'G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert. The following voted against same: None, Council Member Bohjanen was absent. Where upon the ordinance was declared duly passed and adopted. 206 2'1 Council Member Reinert moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 07 - 91 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR RESHANAU LAKE TRUNK SEWER IMPROVEMENT. WHEREAS: pursuant to a resolution of the City Council adopted on November 13, 1990 a report has been prepared by the City Engineer with reference to the Reshanau Lake Trunk Sewer Improvement and this report was received on December 10, 1990. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: Mr. Darrell Schneider of TKDA is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 14th day of January, 1991. Harold L. Bisel, Mayor M'r`ilyn G. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Bisel. The following voted against same: None, Council Member Bohjanen was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether moved to introduce the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 04 - 91 RESOLUTION SETTING PUBLIC HEARING FOR VACATION OF FOX ROAD, COLONIAL WOODS SUBDIVISION WHEREAS: the previously platted Fox Road in the Colonial Woods subdivision is not needed as part of the street system in the City of Lino Lakes and will not connect to any other city or county road, and WHEREAS: this proposed vacation has been reviewed by the City Engineer, City Planner and the Public Works Director and no adverse future problems were noted, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, February 11, 1991 at 7:15 P.M. to consider the vacation of the platted street, Fox Road. Adopted by the City Council this 14th day of January, 1991. Harold L. Bisel, Mayor Marilyn/ G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert. The following voted against same: None, Mr. Bohjanen was absent. Whereupon said resolution was declared duly passed and adopted. 1 208 209 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - WENZEL FARMS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Wenzel Farms Subdivision, filed with the Council on January 8, 1991, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Darrel Schneider, Toltz, King, Duvall, Anderson and Associates and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 14th day of January 14, 1991. (14242-(7 Harold L. Bisel, Mayor )7 Lcr i.c.1L Marilyn 5. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert. Council Member Kuether abstained. The following voted against same: none. Council Member Bohjanen was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 - 91 RESOLUTION ORDERING REVISION OF THE CURRENT ASSESSMENT POLICY. WHEREAS: The City of Lino Lakes is governed by Minnesota Statutes Chapter 429 - Local Improvement and Special Assessments and the City Charter when preparing assessments, and WHEREAS: The current Assessment Policy outlined in the Public Improvement Financing Policy does not consider street right -of -way acreage to be assessable acreage, and WHEREAS: The current Assessment Policy does not provide the revenue return to complete trunk facilities, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: The current Assessment Policy outlined in the Public Improvement Financing Policy be revised to include street right -of -way acreage as assessable acreage. Adopted by the Council this 14th day of January, 1991. Harold L. Bisel, Mayor L Mar ilyn,/G. 'Anderson , Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert. The following voted against same: None, Council Member Bohjanen was absent. Whereupon said resolution was declared duly passed and adopted. 210 211 Council member Reinert introduced the following resolution and moved Its adoption: CITY OF LINO LAKES RESOLUTION NO. 2 -91 RESOLUTION AMENDING THE 1990 GENERAL•FUND BUDGET TO ACCOUNT FOR THE FOLLOWING ADJUSTMENTS. WHEREAS, the following Department will be adjusted to reflect an additional amount budgeted for Police holiday pay. Amount of Holiday pay adjustment per contract $ 16,136.00 Total originally budgeted for Holiday Pay 12,543.00 Amount of increase to Police regular salaries $ 3,593.00 WHEREAS, due to the adjustment in holiday pay, the 1990 salary reserve will be decreased to reflect the increase in police regular salaries. WHEREAS, the following amendment will be retroactive to December, 1990. NOW THEREFORE BE IT RESOLVED, that the Lino Lakes City Council amend the 1990 budget accordingly. Passed by the Lino Lakes City Council this 14th day of January, 1991. ../....411.115.A. AL 4$:14.01." Harold L. Bisel -Mayor Marilyn G. ' Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert. The following voted against same: None, Council Member Bohjanen was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 Council member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 3 -91 RESOLUTION ADOPTING ESTABLISHING GENERAL FUND RESERVES AND /OR DESIGNATIONS WHEREAS, The City's auditors have, in their management report dated December 31, 1989, recommended that the City maintain an adequate level of fund balance in the General Fund in order to provide financial strength of the City, and WHEREAS, The Council recognizes that an adequate level of fund balance is necessary to provide for: 1. Cash flow requirements 2. Contingent employee benefit: compensated absences accrued sick leave 3. General contingencies and emergencies NOW THEREFORE BE IT RESOLVED, as a matter of City policy, that the following General Fund reserves /designations be established and maintained as far as practicable: 1. Cash Flow Reserve /Designation equal to one -half of the General Fund property tax levy plus anticipated State aids for the ensuing year. 2. Contingent Employee Benefit Reserve /Designation for compensated Absences and Accrued Sick Leave equal to amounts computed at each December 31st based upon existing City policy and generally accepted accounting principles. 3. General Contingency( including emergencies) Reserve /Designation equal to 15% of the City's General Fund Expenditures Budget for the ensuing year 4. Other Reserves /Designations may be deemed necessary to effect City Council Policy. BE IT FURTHER RESOLVED, that the Administration shall annually calculate the amounts of the above Reserves /Designations (based upon the above) and report such Reserves /Designations in the City's Annual Financial Report; 2 1 Z • 213 BE IT ALSO FURTHER RESOLVED, that the City Council shall periodically review its Reserve /Designation needs and requirements and make such changes to this policy statement as required to provide for the financial strength of the City. BE IT ALSO FURTHER RESOLVED, that the following resolution will be effective as of December 31, 1990. Harold L. Bisel, Mayor Marilyn _. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert. The following voted against same: None, Council Member Bohjanen was absent. Where upon said resolution was declared duly passed and adopted: