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HomeMy WebLinkAbout11/14/1988 Council Minutes057 COUNCIL MEETING NOVEMBER 14, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:04 P.M., October 14, 1988. Council Members present: Neal, Bisel, Bohjanen, Reinert. Council Members absent: None. City Engineer, Ron Stahlberg; Attorney, Bill Hawkins; Planner, John Miller; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Ways and Means Committee Meeting, October 24, 1988 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Council Meeting, October 24, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Special Council Meeting, November 3, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS October 31, 1988- Mr. Bisel moved to approve these Disbursements as presented. Mr. Bohjanan seconded the motion. Mr. Bisel asked if all expenses have now been paid for the temporary improvement bond for Rice Lake Estates and now only the permanent improvement bond is in existence. Mr. Schumacher.said yes. Voting on the motion. Motion carried unanimously. November 14, 1988 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Bohjanen seconded the motion. Mr. Bisel noted the expense to Lake Office Equipment in Forest Lake and asked what effort is being made to purchase in Lino Lakes. Mrs. Anderson' explained that the price of the material is her major concern, however she purchases a large portion of her supplies in Lino Lakes because the local supplier is very competitive. Motion carried unanimously. OPEN MIKE PAGE 1 - 058 COUNCIL MEETING NOVEMBER 14, 1988 Mr. Joseph Marshall an attorney and a member of St. Joseph's Catholic Church appeared before the Council to explain the position of the Church in regard to the proposed sewer and water improvement. He noted that he is representing the Church in this matter and is also a friendly and interested member of the community. Mr. Marshall explained that St. Joseph's is an old historic church and noted that the cemetery has also been there a long time. He explained the planned expansion of the current cemetery. Mr. Marshall displayed a plat map and noted that these plans were long ago decided, however the Church has never presented a formal application for platting additional cemetery lots to the City. With the current sewer and water proposal before the Council, Mr. Marshall wanted the Council to be aware that the Church was opposed to the planned route of these utilites through the Church property. He explained that the Church did not want to stand in the way of progress but they did not want the utilities to go through the cemetery. He further noted that the planned easements for the utilities would prohibit the use of the land as it was planned. Mayor Benson pointed out the planned route of the utilities through the Church property and explained the easements would be only 40 feet wide. A temporary easement for construction purposes would also be needed but would be released when the construction is completed. Mr. Marshall felt that this would mean that a substantial amount of land would not be available for its intended purpose and told the Council that he felt the most logical route for the utilites would be along Elm Street where it could immediately benefit the most people. Mr. Marshall asked who would compensate the Church for their loses? Mr. Stahlberg explained the legal process and Mr. Marshall said the Church was not interested in going through this. Mayor Benson explained to him the process that the City has already been through and explained that the City has already met with delegates from the Church and they suggested this current route. Also, the Council is already on record saying this the planned route. Mr. Marshall said that he plans to present a petition to the Council to dedicate additional lands for cemetery purposes. Mayor Benson told him that in all fairness the Council may not be receptive to all of ,the plans because of the current 1 1 COUNCIL MEETING NOVEMBER 14, 1988 utility plan. Mrs. Anderson will send Mr. Marshall the necessary application forms. Mayor Benson told Mr. Marshall that the Council does not take action on any matters presented under Open Mike. Mr. Marshall said his purpose this evening was to let the Council know what are the plans of the Church and to ask the Council to review their plans and try to find another viable option. He also asked to be kept informed regarding the process of the utility extension and asked that notices be sent to his office as well as the Church. REVIEW OF JOINT POWERS AGREEMENT, CENTENNIAL FIRE DISTRICT Mr. Schumacher explained that he has sent the Council a memorandum summarizing Mr. Cody's letter regarding his examination of the Joint Powers Agreement (JPA). Mr. Cody's letter outlines the history of the Joint Powers Agreement and the questions that have recently been presented regarding the Joint Powers Agreement. Mr. Schumacher gave the Council a flow chart and indicated that this chart could be followed in determining a decision as to whether the City should continue with the Joint Powers Agreement. He also noted that this City may want to amend the JPA with a more equitable formula. Mr. Reinert expressed concern that the Council may not have been properly informed as to the terms of the JPA when it was adopted and felt the other cities have taken advantage of Lino Lakes. Mr. Hawkins said he did draft the original agreement, however there were many meetings to negotiate the final JPA and he did not attend all of them. Mr. Reinert felt if we cannot negotiate different terms, this may be the time to pull out of the JPA. Mr. Schumacher suggested completing the flow chart to let the other two cities know where we are. Mr. Bisel asked that cost estimates be determined for forming a Lino Lakes Fire Department so that there can be a comparison of costs. Mayor Benson asked Mr. Schumacher to check to determine the length of the JPA. One date says 1995 and another says 1999. Mr. Bisel explained that he hoped the Fire District does not interpret this action as this City is not satisfied with the service. The City is very happy with the service but would like to know the point of deminishing returns. Mayor Benson said he trusted that the other two cities would be open to discussion regarding this matter since Lino Lakes has been cooperative with them in the past. PAGE 259 059 - 060 COUNCIL MEETING NOVEMBER 14, 1988 Mr. Bisel expressed his appreciation to Mr. Cody for his review of the JPA and said this City should proceed with the flow chart suggested by Mr. Schumacher. Mr. Reinert moved to proceed with item No. 1, "yes" on the flow chart and have the information for the November 28, 1988 Council meeting. Mr. Bisel seconded the motion. Mr. Bisel also asked that cost estimates be prepared for the option of the City implementing its own fire department. These figures may indicate that this City cannot afford to have their own fire department. Mr. Reinert explained the purpose of the motion is to move into the "yes" direction of the flow chart to seek a consensus to more fully define equitability. Voting on the motion, motion carried unanimously. CONSIDERATION OF AUDIT SERVICES FOR 1988 Mr. Schumacher has sent to the Council a proposed three year Agreement for Auditing /Accounting Services from Voto, Tautges, Redpath & Company. Mr. Reinert asked what was the basis for the cost. Mr. Schumacher explained that it is based on a state formula and adjusted for projected hours for doing the audit. There was discussion regarding whether the new computer system would make the audit easier and faster and Mr. Schumacher said he hoped that this would be the case for the 1989 audit. However, the 1988 audit will be on the manual basis. Mayor Benson said he was not unhappy with the current services but felt he could not go along with a three year contract but felt with the upcoming automation, costs for auditing should go down. After further discussion, Mr. Bisel moved to approve the agreement with Voto, Tautges, Redpath & Company, LTD on an annual basis for one year to see what effects the computer system will have on the audit. Mr. Reinert seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT - JOHN MILLER Set Public Hearing for Lakes Addition No: 9 for 7:30 P.M., December 12, 1988 - Mr. Bohjanen moved to'set this public hearing. Mr. Reinert seconded the motion. Motion carried unanimously. Set Public Hearing for Woodridge Estates for 7:45 P.M., December 12, 1988 - Mr. Reinert moved to set this public hearing. Mr. Neal seconded the motion. Motion carried unanimously. PAGE 260 1 1 1 COUNCIL MEETING NOVEMBER 14, 1988 PUBLIC HEARING - PRELIMINARY PLAT, RESHANAU LAKE ESTATES SOUTH, THIRD ADDITION - JOHN MILLER Mayor Benson opened the public hearing at 8:05 P.M. Mr. Miller explained that this plat is a continuation of the . concept plan and has been reviewed by the Park Board, Planning and Zoning Board and the City Engineer. The Park Board and the P & Z Board have approved the preliminary plat and the only unresolved question is the future of Fox Road. When the concept plan was presented, concern was expressed regarding the impact of traffic in Colonial Woods when Fox Road is completed. However, the City is concerned about getting emergency vehicles into Colonial Woods in the event that entry of exit is cut off at 62nd Street. Mr. Miller noted that a similar concern came before the P & Z Board regarding Woodridge Estates. The P & Z rejected the idea of not providing access from one neighborhood to another neighborhood. Mr. Miller explained the question of a trail system has not been resolved. Where will they be located and how will they be constructed. Mr. Gregg Kopischke of Westwood Planning displayed a plot map and outlined a proposed trail system on the map. He said the trails would be graded and a gravel base would be installed. The City would install the bituminous surface. Mr. Kopischke said he has been discussing buffering with some residents in Colonial Woods and Mr. Uhde has agreed to do some plantings on common property lines. Mayor Benson suggested that this agreement should be in writing. Mr. Stahlberg explained that eventually Deerwood Lane will start on Birch Street and end at the Montain property line. In the near future it will be extended across the Montain property to the extension of 7th Avenue. He also explained the plan to extend 7th Avenue south to 62nd Street. Mr. Stahlberg explained this so that the Colonial Woods residents will understand that even though Fox Road may be completed, traffic will have other ways to enter or exit Deerwood Lane. Mayor Benson noted that the major access to Deerwood Lane would be Birch Street and said that the residents of Colonial Woods would use Deerwood Lane rather than 62nd Street when going to Centerville or 35E. Mr. Reinert asked Mr. Stahlberg what the paramount reason would be for completing Fox Road. Mr. Stahlberg explained for emergency vehicles and'-noted an instance last fall when Colonial Woods could have been cut off by a fire. PAGE 261 062 COUNCIL MEETING NOVEMBER 14, 1988 Mike Pojar, 6255 Red Maple Lane - Mr. Pojar felt that Fox Road would not be a benefit to the residents of Colonial Woods. Steve Slatten, 6283 Red Maple Lane - Mr. Slatten explained that his lot is at the corner of Red Maple Lane and Fox Road. He noted he has lived there ten years and moved there because of the atmosphere, the house was reasonably priced and the lot was large. He was told the land to the north would never be developed. He said he wanted to salvage some of the unique character of his area and this could be done by eliminating Fox Road. He said he chose to live on Red Maple Lane knowing the risk regarding safety and he preferred to keep it this way. Mr. Slatten also expressed a personal concern regarding erosion, dust and damage to trees during construction. He noted that Mr. Uhde has tried to allay some of these fears. He suggested that Mr. Uhde make some lots largers to make a gradual transition to Colonial Woods but Mr. Udhe was not receptive to this idea. He also noted that the Council represented the citizens as elected officials and felt the Council should listen to their concerns and want to help them. Debra Palmquist, 6216 Red Maple Lane - Mrs. Palmquist noted that there will be 180 houses in Reshanau Lakes Estates South and they will all be coming south through Fox Road. She felt that probably no more than fifteen houses are likely to go north to Birch Street. Mr. Bisel said he could not envision this happening and explained why would traffic exit through Fox Road to 62nd Street. Traffic would have to stop at Ware Road before it goes to Ash Street. This would not be convenient. Mr. Pojar said if the Council is convinced traffic will not use Fox Road, why put it in. Mr. Bisel explained because of emergency reasons. Ron Swenson, 6310 Red Maple Lane - Mr. Swenson noted that Red Maple Lane is basically a long cul -de -sac and also noted that Mr. Uhde is also building some cul -de -sacs and asked how Red Maple Lane was any different from the cul -de -sacs in Reshanau Lake Estates South. He felt the Red Maple Lane was not subject to any more risks that any other cul -de -sac. Mr. Reinert suggested placing a gravel road at Fox Drive. It would have to be plowed, in the winter. Mr. Stahlberg PAGE 262 1 1 1 COUNCIL MEETING NOVEMBER 14, 1988 explained that the City's subdivision regulations require that access to adjacent property be provided. These regulations require the access be blacktopped. Mr. Reinert suggested that Fox Road not be constructed now but several years in the future when all the other streets will be completed. Mr. Stahlberg explained that is what happened in Shenandoah II and caused the problem this summer with an adjacent land ower. Mr. Reinert explained funds could be escrowed for future construction. Mr. Stahlberg explained the problem with this suggestion is determining a proper escrow including an inflation factor. Mayor Benson said that this would allow other exits to the west to be completed. Mr. Reinert said he did not feel that it is critical that Fox Lane be completed at this point. Mr. Bisel noted that the emergency problem would still exist. Mrs. Monica Slatten, 6283 Red Maple Lane - Mrs. Slatten asked if what she is hearing is going to happen. She said when the people from Deerwood Lane want to go to the Tom Thumb, they will exit Deerwood Lane through Fox Road. She noted that if just the southern portion of Deerwood Lane would exit through Fox Road, that would mean more people from Deerwood Lane would be exiting on Fox Road than what live in Colonial Woods. Mr. Bisel explained the commercial development planned for the Birch Street and Hodgson Road area and said he felt this would help the situation. Mrs. Slatten felt that it is important that these people not get into the pattern (habit) of going through Fox Road and suggested that Fox Road not be constructed at this time. There was discussion regarding a different method of providing emergency service to Red Maple Lane without building Fox Road as in the City of Blaine. It was noted that this method was used in a quad home development and was not suitable for this situation. Mr. Bisel suggested that Fox Road be installed to the property line in Colonial Woods to avoid the problems recently addressed in Shenandoah II. A barrier could then be installed and sometime in the future when development of Deerwood Lane reaches 75 %, the entire length of Fox Road can be completed. Mrs. Palmquist said she would like to see that Fox Read not be developed until the other east /west street is completed to 62nd Street. Mr. Bisel said this could be a problem if the Uhde development is completed before the extension of 7th Avenue to 62nd Street is completed. PAGE 263 063 - 064 COUNCIL MEETING NOVEMBER 14, 1988 Doug Kruse explained that he had lived in an area such as Fox Road and he had cars in his yard and racing down the road through the neighborhood. He noted all the children in the neighborhood and he wanted them to be able to play without fear of being hurt by a car. He felt the most convenient way to get out was to go south. Mr. Bisel said that the people on Deerwood Lane will also have children and have the same concerns as you are now expressing. Mr. Kruse said that if the Deerwood Lane residents are allowed to get into the habit of going south it will be hard to change even if going north will be shorter. Mrs. Slatten said she appreciated the concerns of the Council regarding public safety but her neighborhood has done well for ten years and said it is not only safer for children but also prevents vandalism. She felt the kids in Reshanau Lake Estates would also be safer. There would probably be a longer response time for ambulance service but that is something they could deal with. Mrs. Slatten asked for a compromise by putting in the street to the Colonial Woods property line only. People who buy the adjacent lots will then know that sometime in the future there will be a road there. Michael Ball, 6291 Red Maple Lane — Mr. Ball noted the condition of the roads in Colonial Woods and the condition of 62nd Street. He explained that when there are periods of high water, 62nd disappears and explained that more traffic will only cause these streets to deteriorate faster. Mayor Benson explained that construction traffic will not use 62nd Street. Mr. Ball asked if 62nd Street and Red Maple Lane were built to specifications. Mayor Benson explained that specifications have changed during the years. Mrs. Slatten said that on June 13, 1988, the Council proposed a study of impact of traffic from Birch Street to Red Maple Lane. Mr. Stahlberg explained that the Council has directed him to review the traffic flow in the Reshanau Lake Estates subdivion and he has done this. That is why the road layout had changed. Pojar explained that when he received a letter regarding this public hearing, he called Mr. Schumacher and Mr. Stahlberg about drainage since the road behind him will be about four feet higher than the present elevation. Mr. Stahlberg explained that the road will not cause a barrier PAGE 264 1 1 1 COUNCIL MEETING NOVEMBER 14, 1988 in drainage because of the construction of catch basins and storm sewers. The water will end up in a pond on the north side of the street. Mr. Pojar asked about drainage from his area when Deerwood Lane is extended to the west. Mr. Stahlberg explained the developers of the Montain property will also be required to develop holding ponds, and water will be diverted through the storm sewer to these ponds. Mr. Miller explained that a developer cannot block drainage so it would create flooding on adjoining property. Mr. Bisel moved to close the public hearing at 9:20 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. The Council continued discussing Fox Road and completing it to the Colonial Woods property line. Mrs. Slatten asked who will pay for the road that is extended into Colonial Woods. Mr. Schumacher explained that usually the adjoining property benefits from the road and is assessed. This would be determined at an assessment hearing. Mrs. Palmquist asked why the Council is considering completing Fox Road when a certain percentage of development is completed in Reshanau Lake Estates. It was explained that when this occurrs Deerwood Lane will probably be extended to the 7th Avenue extension. Mr. Bisel moved to approve Phase III of Reshanau Lake Estates South as recommended by the Planning and Zoning Board, City Planner and Engineer with the following conditions: 1) Fox Road will be stubbed and completed to the Colonial Woods property line; 2) after 75% of the platted lots are sold, the people in Colonial Woods be notified about the possible extension of Fox Road and a hearing to be set; 3) buffer (screening) be established between Colonial Woods and Phase III mutually agreed upon by the residents and City Staff and be specified in writing with complete plans and time frame noted and all other aspects of the preliminary plat to be approved by the Staff and City Planner. Mr. Reinert seconded the motion: Motion carried unanimously. Mayor Benson thanked the residents for their input and Mrs. Slatten thanked the Council for making the compromise. PUBLIC HEARING - TAX INCREMENT FINANCING PLAN PAGE 265 065.. !-r 066 COUNCIL MEETING NOVEMBER 14, 1988 Mr. Miller explained that some items remain uncompleted and the bond attorney has suggested that this item be tabled until all information is received. Mr. Reinert moved to table this item and place it on the December 27, 1988 agenda at 7:30 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Consideration of Resolution No. 81 - 88, Requesting Feasibility Study for Reshanau Lake Estates South. Third Addition. Mr. Reinert moved to approve Resolution No. 81 - 88. Mr. Bohjanen seconded the motion. 'Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 81 - 88 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT FOR RESHANAU LAKES ESTATES SOUTH, THIRD ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Reshanau Lake Estates South, Third Addition, filed with the Council on November 14, 1988, is hereby declared to be signed by the required percentage of owners of the property affected thereby. This de- claration is made in conformity of Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to Mr. Ron Stahlberg, City Engineer 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 im- provement 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 PAGE 266 f November 1988. in G Benson, Mayor 1 1 COUNCIL MEETING NOVEMBER 14, 1988 Marilyn Anderson, Clerk - Treasurer ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. OLD BUSINESS. Set Meeting with City of Centerville - This meeting will be set at the November 28, 1988 Council meeting. 'League Legislative Conference, November 16, 1988 - Mr. Schumacher asked if any of the Council Members would be attending this meeting. There will be several important issues discussed. All Council Members did have previous commitments and Mr. Schumacher will attend and bring back information for the Council. Set Budget Meeting - Mr. Bisel moved to set this meeting for 6:00 P.M., November 28, 1988. Mr. Neal seconded the motion. Motion carried unanimously. Status Report on Conditional Use Permits - Mr. Kluegel has prepared a list of CUP holders who have not fulfilled the conditions of their permits. Letters were sent to all the people on his list and now he does not have a problem with any of them. Molin Concrete has had a deadline established for next spring to complete all of their permit, Bob's Auto Ranch is no longer displaying vehicles on the grass, Paul Wolters has established a fence across the back of his property, Mr. Spetzman has changed some of his employee parking areas, Mr. LaMotte has removed the piles of dirt from his property, Mr. Houle has removed the wood pile and has planted some evergreens across the front of his property, and Mr. Klenck has been warned that there will be no more 'after of fact' permits allowed on his property. Mayor Benson asked about the permit request from My Place on the Lake. Mr. Kluegel explained that he-is in contact with the CORP and some of the fill may have to be removed. He will keep the Council updated on this matter. Mr. Kluegel told the Council that he has already issued more single family residential permits than all of 1987. The permits have exceeded 152. PAGE 267 6 0,6 8 COUNCIL MEETING NOVEMBER 14, 1988 Mayor Benson asked if Mr. Sikorski has replied to the letter requesting his presence to explain the Drinking Water Act. Mr. Schumacher said there has been no response but does expect that there will be one. NEW BUSINESS Affirmative Action Plan - The Council has received a memorandum from Mr. Tesch regarding this matter. Mr. Tesch is preparing a draft affirmative action plan as required by the State. This plan will follow the state general guidelines. As the City grows larger a more specific plan may be required. General Election Update - Mrs. Anderson prepared and sent to the Council a summary of the 1988 General Election results. She explained that she has heard a number of complaints regarding the location of polling places in this City and is currently looking at recommendations for the City Council on this matter. There was discussion regarding another polling place on the east side of the City. Mrs. Anderson will check with the State Elections division and let the Council know what the procedures and requirements are for establishing another polling place. The Council asked Mrs. Anderson to send a letter to the Election Judges thanking them for their services. Mrs. Anderson will include this letter with their pay checks. Mr. Bisel said he felt the citizens of Lino Lakes should be complimented for the large turnout for the election. Gateway Foods - Mr. Schumacher explained that Gateway Foods has invited the Council to visit their facility in LaCrosse, Wisconsin on either the 28th or 29th of November or the 1st of December. Mr. Schumacher will let the Council know the exact date. Mr. Bisel asked that a thank you letter be mailed to Mr. Reinhart. Mayor Benson has received a request that this City go on record as supporting Mr. Andy Cardinal for reappointment to his position on the Rice Creek Watershed District board. Mr. Reinert moved to support Mr. Cardinal. Mr. Neal seconded the motion. Motion carried unanimously. 1 1 1 1 COUNCIL MEETING NOVEMBER 14, 1988 Mayor Benson has received notice that the Lino Lakes representatives term on the Circle Pines Utility Commission is expiring. Mr. Bisel asked that Mr. Ross be reappointed with the recommendation that he report to the Council on a regular basis. Mayor Benson noted that the Chamber of Commerce is having a social on December 7, 1988 at the Lino Lakes City Hall. The Lino Lakes Economic Development Committee will be making a presentation. Mayor Benson asked Mr. Schumacher to report on the progress of the Uhde ponds in Lakes Addition No. 3. Mr. Schumacher told the Council that about 90% of the work is completed. The sod is in place but not all of the holes have been filled and graded. Mr. Bisel moved to adjourn at 10:02 P.M. Mr. Bohjanen seconded the motion. Aye. these minutes were considered and approved at a regular council meeting on November 28th 1988. MARIL1 . ANDERSON ide 4. .4a i ,i IsfiSeer B N AMI G. BENSON Clerk - Tresurer PAGE 269 Mayor • O69