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HomeMy WebLinkAbout11/25/1991 Council Minutes (2)1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES NOVEMBER 25, 1991 DATE • TIME STARTED : TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT : November 25, 1991 6:35 P.M. 8:22 P.M. Bisel, Bohjanen, Kuether, Neal, Reinert None Staff Members present: City Attorney, Bill Hawkins; Engineer's, Darrell Schneider and Dan Boxrud; Public Works Director, Don Volk; Planner, John Miller; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. CHANGES IN THE AGENDA Council Member Kuether asked that the Disbursement for November 25, 1991 be taken off of the consent agenda and moved to New Business. Mr. Schumacher added three (3) items to the Regular Agenda; Rondeau Lake Sewer added to Old Business, Arcon Litigation added to Attorney's Report and Set a Public Hearing for Forjay Property to New Business. CONSENT AGENDA Council Member Bohjanen moved to approve the consent agenda as amended. Council Member Neal seconded the motion. Motion carried unanimously. MINUTES: ITEM Council Canvass Board, November 6, 1991 Regular Council Session, November 12, 1991 DISBURSEMENTS: Centennial Fire Department CONSIDERATION OF EASEMENT ACQUISITION: Lot 4, Block 1, Ulmer's Rice Lake Addition, Wenzel Farms Improvement Lot 2, Block 1, Shenandoah, Reshanau Lake Trunk Sewer Improvement PAGE 1 DEPOSITION Approved Approved Approved Approved Approved 194 195 COUNCIL MEETING REGULAR AGENDA OPEN MIKE NOVEMBER 25, 1991 Anoka County Sheriff's Department Update, Sheriff Ken Wilkinson - Sheriff Wilkinson explained that the purpose of his appearing before the Council this evening is to follow through in his commitment to good communications with the communities in Anoka County and to share information regarding the Departments activities and to receive input from the Council. A copy of the Sheriff's annual report had been sent to each Council Member. Sheriff Wilkinson explained that his working relationship with the Lino Lakes Police Department is excellent. He recounted several incidents in which his Department worked closely with the Lino Lakes Police Department. Sheriff Wilkinson noted that 1990 is the most recent year that statistics are available. He explained that 168 incidents in Lino Lakes were addressed by his Department. Most of these were in specialty areas such as sexual assault, child sexual assault and drug enforcement. These types of incidents had spiralled but are now leveling off. Sheriff Wilkinson noted that emphasis is being placed on equipment sharing and cooperative efforts. He further noted that his Department executed 47 search warrants through October, 1991 in Lino Lakes. In 1990 there were only 10 search warrants in which six (6) resulted in arrest. This activity is well ahead of 1990. Polygraph services had been handled through the state. However, during 1990, the state discontinued this service. Private vendors are very costly so the Sheriff's Department purchased the necessary equipment and offer this service to the municipalities in Anoka County. The cost of developing this valuable tool is being recouped by charging for its usage. A crime scene processing service is now available. This service is used when there is criminal damage to property. Photographs of the scene, investigation of personal injury accidents, assistance in residential burglary, etc. are other services of this unit. Jail service is also available to Anoka County municipalities. There has been an increase in crime and the demand for jail space is growing. Anoka County doubled the capacity of the jail during 1991. Other services include uniformed patrol, a canine unit established with drug forfeited money, SWAT team and the DARE program. Sheriff Wilkinson asked for feedback from the Council regarding the matters discussed this evening or other matters. PAGE 2 1 1 1 1 1 COUNCIL MEETING NOVEMBER 25, 1991 Council Member Reinert referred to the Pierce Report prepared by Ramsey County regarding shared services with municipalities within that county. He said he felt this is needed so that every governmental entity can capitalize on shrinking budgets. Sheriff Wilkinson explained that Anoka County Sheriff's Department has shared services for over a decade. Ramsey County is not proposing to participate in drastic consolidations but rather in shared services as is being done in Anoka County. Council Member Reinert asked Sheriff Wilkinson if he could see other areas in which services could be shared. Sheriff Wilkinson explained that this would rest with the local municipalities. He noted that needs differ from community to community. Mayor Bisel asked if the drug LSD is resurfacing. Sheriff Wilkinson said he had not seen a real upsurge. LSD is in the community but is limited. Cocaine and marijuana is most common in this area. Mayor Bisel referred to stick on stamp LSD that is being sold to 11 and 12 year old children. Sheriff Wilkinson said he felt the DARE program should impact this problem. Sheriff Wilkinson thanked the Council for the opportunity to visit this evening. Consideration of Changing the Regular December 23, 1991 Council Meeting to December 19, 1991 - Mr. Schumacher explained that several public hearings will be set this evening for the last Council meeting of the month. He asked if the Council felt if would be more convenient to move the last meeting to December 19, 1991. Council Member Reinert moved to approve December 19, 1991 as the last Council meeting for the month of December. Council Member Kuether seconded the motion. Motion carried with Council Member Bohjanen voting no. DESIGN REVIEW BOARD REPORT Minor Subdivision, Thomas Brunner - Mr. Miller explained that in June, 1991, the City Council at the recommendation of the Design Review Board (DRB) approved a minor subdivision for Tom and Judy Brunner. The minor subdivision request was to split a two (2) acre parcel off of Outlot A, Rohavic Oaks Addition and deed the parcel to the Brunner's. At the time of closing the sellers decided that they did not wish to sell the entire two (2) acre parcel approved by the City Council. A deed was prepared proposing to transfer a smaller parcel (1.72 acres) to the Brunner's. As a result the Council is being asked to consider another application for a minor subdivision for the smaller parcel. The DRB has reviewed the minor subdivision request and is PAGE 3 196 19/ COUNCIL MEETING NOVEMBER 25, 1991 recommending its approval. Other issues regarding Mr. Brunner's land use were raised during the consideration of the minor subdivision. All of these issues have been resolved. Mr. Miller noted that the Brunner's are proposing to added the 1.72 acre parcel to their property. No additional parcels will be created and park dedication is not recommended. In the event that the Brunner's fail to add this parcel to their existing homestead, the new parcel would be unbuildable because there is no road frontage. Council Member Bohjanen moved to approve DRB application No. 91 - 91. Council Member Kuether seconded the motion. Council Member Reinert noted that the Council received the "green sheet" on this item late this afternoon and asked why this happened. Mr. Miller explained that he is now on part -time status and since he had 14 telephone calls to return on packet day, he felt it was more important to deal with the public. Council Member Reinert asked what was the concern regarding filling in the wetlands. Mr. Miller explained that less than 50 cubic yards of fill was deposited. Telephone calls to the Department of Natural Resources and Rice Creek Watershed District indicate that there is no violation in this matter. VOTING ON THE MOTION: Bisel Neal ❑ Abstained: Neal Motion carried. Bohjanen Reinert PLANNER'S REPORT Kuether Set Public Hearing for Preliminary Plat, Weaver Property, Monday, December 19, 1991, 7:00 P.M. - Council Member Bohjanen moved to set the public hearing as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Set Public Hearing for Preliminary Plat, Forjay Property, Monday, December 19, 1991, 7:15 P.M. - Council Member Kuether moved to set the public hearing as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. Set Public Hearing for Conditional Use Permit, Commercial Horse Boarding Operation, Linda Ayde, December 19, 1991, 7:30 P.M. - Council Member Neal moved to set the public hearing as presented. PAGE 4 1 1 1 1 1 1 COUNCIL MEETING NOVEMBER 25, 1991 Council Member Kuether seconded the motion. Motion carried unanimously. Reconsideration of a Petition for an Environmental Assessment Work Sheet for Amelia Lake Estates (from table of September 9, 1991) - Council Member Reinert noted that this material had been received by the Council this afternoon and since there was not enough time to research the item he moved to table for review. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Motion failed. Bohjanen Reinert Ruether Mr. Miller explained that under rules adopted by the Minnesota Environmental Quality Board the City of Lino Lakes is designated as the "Responsible Governmental Unit" or RGU in issues regarding petitions for Environmental Assessment Worksheets of EAW'S. A petition to complete an EAW for the proposed Amelia Lake Estates was submitted to the state board and forwarded to the City as the RGU for consideration. The purpose of the EAW is to determine whether an Environmental Impact Statement (EIS) is necessary to consider alternatives to a proposed project. In the last several years only a handful of EIS's have been required and then for projects such as paper mills. No EIS's have ever been required for residential developments. Mr. Miller noted agencies who have started or completed actions regarding Amelia Lake Estates. He explained that the most affected agencies are familiar with the project and no evidence has been presented that would suggest a need for an EAW. He noted that on October 18, 1991 the USACORP gave its approval to the project. Mr. Miller noted that an EAW was completed for Oak Brook Peninsula on Otter Lake. The reason for this was to determine the possible detrimental affect to a bog in the lake. There was also some evidence of Indian activity in that area. Around Amelia Lake, neither of these conditions exist. Mr. Miller recommended denial of the petition for an EAW. Council Member Bohjanen explained that the developer has been very patient and had done a tremendous job in following through on all requirements. The area and proposed improvement in his opinion has been "studied to death ". Council Member Bohjanen PAGE 5 198 199 COUNCIL MEETING NOVEMBER 25, 1991 moved to deny the petition for and EAW and continue with the usual subdivision process. Council Member Kuether seconded the motion. Council Member Reinert explained that he felt this matter is important and controversial and did not feel he could act on the matter since the matter was received only hours prior to this meeting. VOTING ON THE MOTION: Bisel © Bohjanen Neal ❑ Reinert ❑ Abstained: Neal, Reinert Motion carried. Kuether Amelia Lake Estates Town Homes Comprehensive Land Use Plan Amendment (from April 8, 1991) - It was determined that this matter requires a four - fifths vote. It was also determined that if the matter were denied by the City Council, the matter could be brought back for reconsideration at any time. Mr. Miller explained that in April, 1991 the City Council conducted a public hearing on a proposed comprehensive plan amendment. The proposal would take 53 acres of land out of the MUSA boundary (northeast corner of 24th Avenue and Cedar Street) and reallocate that area to land on the east shore of Amelia Lake. At the conclusion of the hearing, the Council directed the staff to submit the plan amendment to the Metropolitan Council as required by law. The Council deferred any action on this matter pending the Metropolitan Council review. On September 21, 1991, the Metropolitan Council on recommendation from its own Metropolitan Community Development Committee approved the comprehensive plan amendment. Mayor Bisel explained that the proposed action is to take 53 acres near Cedar Street and 24th Avenue out of MUSA and add 53 acres on the east side of Amelia Lake in MUSA. Council Member Reinert noted that this item was delivered to the Council late this afternoon. He said he could not support any action until he could study the matter further. Mr. Ron Birch, developer of Amelia Lake Town Homes explained that the Council Members have been well aware of this matter since last spring. He asked that the matter proceed. Council Member Bohjanen moved to approve the comprehensive land use plan amendment as outlined by the City Planner. Council Member Kuether seconded the motion. PAGE 6 1 1 1 1 1 COUNCIL MEETING NOVEMBER 25, 1991 Council Member Reinert said he felt it was unwise to take 53 acres of land zoned Light Industrial out of the MUSA boundary. He noted that municipal sewer and water could be brought to that area and the area developed. Mayor Bisel noted that there were no municipal sewer or water improvements proposed for the area. Mr. Miller asked Mr. Hawkins to read the State Statutes on this matter. Mr. Hawkins read the Statutes and noted that a two - thirds vote is needed. This means that at least four (4) of the five (5) Council member must vote yes for approval. Mr. Hawkins also recommended that the Council write finding of fact in the event the comprehensive land use amendment is denied. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal ❑ Reinert ❑ Abstained: Neal, Reinert Motion failed. PUBLIC HEARING, PRELIMINARY LAT, BLACK DUCK ESTATES AND BLACK DUCK ESTATES, SECOND ADDITION Mr. Boxrud explained that both the Park Board and the DRB have reviewed these preliminary plats. Black Duck Estates is proposed by Keith Eibensteiner and the preliminary plat is consistent with the sketch plan recently reviewed by the Council. Black Duck Estates Second Addition is proposed by Marcel Eibensteiner. Both proposed preliminary plats are replats of the former Lakes Addition No. 9 and most recently seen as Lake Crest Addition. Notices of the public hearing were duly published in the newspapers. However, individual notices were not sent to surrounding property owners. Accordingly, the public hearing on the plats should be delayed until December 9, 1991. The rezoning necessary for Black Duck Estates should also be considered at this same meeting. Mayor Bisel opened the public hearing at 7:35 P.M. Council Member Kuether moved to continue the hearing until December 9, 1991 at 7:15 P.M. Council Member Bohjanen seconded the motion. Council Member Reinert noted that there has been surveying and staking in the area of the proposed plats and asked why this was being done prior to any approvals. Mr. Boxrud said he was unaware of any work and would check to determine what is happening. Council Member Reinert said that he did not want any assumptions that this was a "done deal ". PAGE 7 200 20 1 COUNCIL MEETING VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. ENGINEER'S REPORT Kuether NOVEMBER 25, 1991 Resolution No. 105 - 91 Receiving Feasibility Report and Setting Improvement Hearing for January 13, 1992, 7:00 P.M. for Rice Lake Drive - Mr. Schneider explained that on October 14, 1991 the City Council received a petition for a feasibility report for sewer and watermain improvements on Rice Lake Drive. This petition contained signatures of 13 property owners of the 21 parcels. The Council ordered a feasibility report and it is being presented tonight. Mr. Schneider explained that the individual notices to the property owners has been expanded to include an explanation of the petition process. Hopefully, there will be a better understanding of the improvement process. Mr. Schneider recommended approval of Resolution No. 105 - 91 setting the public hearing. Council Member Reinert moved to adopt Resolution No. 105 - 91. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Abstained: none Motion carried unanimously. Resolution No. 105 - 91 can be found at the end of these minutes. Set Public Hearing Date for Rezone of Outlot J, Lakes Addition No. 3 for December 9, 1991, 7:00 P.M. - Mr. Miller explained that this parcel is now zoned Neighborhood Business (NB). The Comprehensive Land Use Plan calls for the parcel to be zoned residential. Council Member Bohjanen moved to set the public hearing. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 8 1 1 1 1 1 COUNCIL MEETING NOVEMBER 25, 1991 SECOND READING, ORDINANCE NO. 14 - 91, SUMP PUMP AND DRAINTILE ORDINANCE Council Member Bohjanen moved to approve the second reading of Ordinance No. 14 - 91 as presented. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen Reinert Ruether Motion carried unanimously. Ordinance No. 14 - 91 can be found at the end of these minutes. ATTORNEY'S REPORT Arcon Litigation - Mr. Hawkins asked that this matter be considered in closed session since it is possible that the matter may end in litigation. OLD BUSINESS REMINDER, Budget Public Hearing, December 5, 1991, 6:30 P.M. Mr. Schumacher asked that the Council meet one (1) more time prior to the public hearing. Council Member Reinert asked that all changes be given to the Council prior to the work session. The work session was set for Monday, December 2, 1991 at 8:30 A.M. Consideration of a Vacancy on the Charter Commission - Mrs. Anderson explained that she had received a telephone call from Mr. Lyle Bye. He stated that his resignation from the Charter Commission would be effective December 31, 1991 and he would send a letter stating this message. Since there is no vacancy at this time there is nothing further for the Council to consider. Receipt of $34,000.00 from Community Development Block Grant Funds for Surface Water Management Acquisitions - This is for informational purposes only. Mr. Schumacher explained that there will be one (1) more year of receipts on this matter. Rondeau Lake Drive Septic System - Mr. Schumacher explained that he has been working with the City Attorney and the Building Inspector to alleviate a violation of the nuisance ordinance regarding a failed septic system that may be causing a health hazard. The owner of the property is a single parent, in the PAGE 9 202 203 COUNCIL MEETING NOVEMBER 25, 1991 process of a divorce and not eligible for any public assistance to eliminate the possible health hazard. Also, the financial institutions are unwilling to work with the landowner and provide financial assistance. Mr. Schumacher proposed that the City contract to install a mound septic system on the property and assess all costs to the property. Three (3) bids have been received to construct a mound septic system. The building official has explained that the bid submitted to the Council tonight is low considering the land is marginal and there is only a very small space to work in. A right of access document would be required from the adjoining landowner and this cost as well as legal costs, engineering costs and administration costs would be included in the total assessment. It was noted that the property owner could also get bids and submit them to the City. However, the ground is beginning to freeze and it is important to get this work done soon. It was noted that the bid includes restoration of the neighbors property. Since this cannot be done before spring, it was suggested that a percentage of the bid be held in escrow to insure that restoration is completed. Mr. Schumacher noted that the property owner will be required to sign a petition for the improvement, sign a waiver of a public hearing and an acceptance of the assessment. Council Member Neal moved to order the mound septic improvement project and hold 10% of the bid until all work is completed including restoration of the neighbors yard. Council Member Kuether seconded the motion. Council Member Bohjanen asked Mr. Hawkins if this was standard procedure in emergency cases. Mr. Hawkins explained that when a public heath hazard exists, the City has authority to correct the hazard. Council Member Bohjanen asked what would happen if the current landowner defaulted in mortgage payments and walked away from the property. Mr. Hawkins explained that the property would be assessed and the assessment would be passed on to the new property owner. Normally the mortgage company pays all outstanding debts on the property. Council Member Bohjanen asked if the City would become a "welfare city ". Mr. Hawkins explained that installing a septic system as is being proposed this evening is very costly since the City will include such expenses as engineering and administration. This will discourage unwarranted applications. He explained that the City should discourage such involvement since the City would have some liability. This would be a situation of last resort. PAGE 10 1 1 1 1 1 1 COUNCIL MEETING NOVEMBER 25, 1991 VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. NEW BUSINESS Ruether Consideration of the Outline for the 1992 Special Municipal Election to Fill a Council Vacancy - Mrs. Anderson explained that she had prepared the outline based on the requirements of the City Charter. The outline does not comply with all state election statutes. It does not allow the required period for absentee balloting. In checking with the Secretary of State, Elections Division, Mrs. Anderson was told to prepare a schedule allowing as much time as possible for absentee balloting and follow other state statutes. Mrs. Anderson explained that the Council can set the election for one (1) or (2) two weeks later than she has scheduled. However, the special election will then be very close to the presidential primary election on April 7, 1992. This matter was being presented this evening for informational purposes only. The Council cannot act on this matter until the actual Council vacancy occurs. Mrs. Anderson said that she would ask the Council to set the special municipal election at the first Council meeting in January. Set Public Hearing for Rezone of Forjay Property for December 19, 1991, 7:45 P.M. - Council Member Bohjanen moved to set the public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration and Approval of Disbursements, November 25, 1991 - Mr. Schumacher explained that he has withheld the disbursement for $200.00 for the Community Food Shelf. He is asking for further information on this disbursement. The disbursement to the Goodwill Industries was questioned. It was explained that this is a charge for services rendered by that organization during the fall annual cleanup day. This disbursement will be reimbursed by Anoka County as part of the Waste Management Plan. Council Member Bohjanen moved to approve the disbursements as amended. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 11 204 205 COUNCIL MEETING NOVEMBER 25, 1991 The Council moved into a closed session at 8:08 P.M. to discuss possible Arcon litigation. The Council returned from closed session at 8:22 P.M. Council Member Bohjanen moved to adjourn. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular Council meeting held on December 9, 1991. / t" I ,CI A A Marilyn/ G. Anderson, Harold L. Bise Clerk- Treasurer Mayor PAGE 12