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HomeMy WebLinkAbout12/09/1991 Council Minutes (2)1 1 1 COUNCIL MINUTES CITY OF LINO LAKES COUNCIL MINUTES DECEMBER 9, 1991 DATE • TIME STARTED : TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : December 9, 1991 6:35 P.M. 11:20 P.M. Bisel, Bohjanen, Kuether, Neal, Reinert None Staff Members present: City Planner, John Miller; Engineer's, Dan Boxrud and Darrell Schneider; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. The following items were added to the agenda: Snowmobile Complaints added to New Business by Council Member Kuether and Consideration of Severance Pay Policy added to New Business by Council Member Bohjanen. Council Member Neal moved to approve the consent agenda as presented. Council Bohjanen seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, November 12, 1991 Closed Council Session, November 12 1991 Council Work Session, November 25, 1991 Regular Council Meeting, November 2 1991 DISBURSEMENTS: November 25, 1991 December 9, 1991 Centennial Fire District APPROVAL OF EASEMENT FROM DIANE A. FREDRICKSON, WENZEL FARMS IMPROVEMENT PAGE 1 DISPOSITION Approved Approved Approved 5, Approved Approved Approved Approved Approved 214 215 COUNCIL MINUTES REGULAR COUNCIL AGENDA OPEN MIKE DECEMBER 9, 1991 Joseph Strauss, Metro Mayor's Association - Mr. Strauss was ill and did not attend the meeting. He will attend the December 19, 1991 Council meeting. Al Ross, Ware Road Sewer and Water Improvement Project - Mr. Ross explained that the residents are wondering about the outcome of the petition that was submitted recently. Mrs. Anderson explained that the signatures have been checked and the residents will be notified that the petition is sufficient and will be considered by the City Council at the end of the 60 day waiting period. CONSIDERATION OF EXECUTING AN AGREEMENT TO PURCHASE THE SCHILLING INDUSTRIAL PARK Mr. Schumacher explained that a letter has been received from Mr. Schilling indicating that the terms of the agreement with Mr. Schilling will change after the first of the year. If the City closes on the property after January 1, 1992, the City will be responsible for the 1992 taxes of approximately $13,000.00 plus interest. Mr. Hawkins also explained that if the City is not the owner of record on January 2, 1992 the City will also be responsible for the 1993 taxes. Council Member Kuether noted that Mr. Schilling had accepted the price and terms for the sale of the land to the City. She noted that the terms were the best possible for the City. Council Member Kuether also explained that two other landowners in the area were concerned since they would have to compete with the City in marketing their property. She felt that the two land owners and the City could come to some terms to market the land jointly and thereby eliminate the possibility of one landowner undercutting another. Council Member Reinert said he felt the situation could be an advantage to all landowners in the area since more activity would be stimulated. Council Member Kuether felt that this matter should be studied further by the City Council acting as the Economic Development Authority (EDA). A meeting for the EDA was set for Thursday, December 12, 1991 at 8:30 A.M. Mayor Bisel felt the area should be marketed as one (1) area no matter who owned the land or how it was zoned. Council Member Kuether moved to table action on this agenda item until December 19, 1991. Council Member Bohjanen seconded the motion. Motion carried unanimously. PAGE 2 1 1 1 1 1 1 COUNCIL MINUTES ENGINEER'S REPORT DECEMBER 9, 1991 Update of County Road J Improvement, Darrell Schneider - Mr. Schneider explained that Anoka County and Ramsey County plan a joint project to upgrade County Road J from Lexington Avenue to Trunk Highway 49. The entire project is proposed to have a 52 foot wide pavement with concrete curb and gutter along the entire length. A meeting was held in Circle Pines with both counties in attendance as well as representatives from the City of Shoreview, Circle Pines and Lino Lakes. Affected residents were also invited to the meeting. Costs of the improvement have not been accurately defined. However, it is the policy of Anoka County that one half of the cost of the concrete curb and gutter be born by the municipality. The City will also be required to participate in the cost of storm water construction. The percentage has not yet been determined. Mr. Schneider said he expected that he will receive a feasibility report within the next week or two. This report will define costs. The construction is proposed to begin in the summer of 1992 and take about a year. Mayor Bisel asked if the Anoka County policy regarding sharing costs was in place when the Main Street project was completed. Mr. Schneider said he would check on this. Mayor Bisel noted that County Road J was improved several years ago to the west of Lexington Avenue. He asked Mr. Schneider to check to see who paid for the curb and gutter in areas where curb and gutter was extend along long stretches of vacant land. Mr. Schumacher explained that the City will have to hold a public improvement hearing on the matter if any of the landowners are to be assessed for any of the cost. The property owners could petition against the improvement and the Council would not have the ability to assess the property. It was also noted that the City Charter requires that funding for any portion of curb and gutter improvements cannot be paid from general revenue funds. Mayor Bisel asked how could the county impose costs on the City when there is no possible way to pay the them? Mr. Schneider explained that the county feels this is the municipality's problem. He also noted that funding could come from the MSA fund. Mr. Schneider will check to see why curb and gutter was not installed all along Main Street and why everyone was assessed for the improvement. PUBLIC HEARING, REZONE REQUEST FOR OUTLOT J, ORDINANCE NO. 16 - PAGE 3 216 217 COUNCIL MINUTES DECEMBER 9, 1991 91, FIRST READING Mr. Boxrud explained that Outlot J and a small parcel to the west are zoned "Neighborhood Business ". He outlined the area using the overhead projector. Outlot J is proposed to be incorporated into the Black Duck Estates R -1 development and the developer has presented an application for the rezone of Outlot A to Single Family Residential (R -1). The Comprehensive Land Use Plan calls for this area to be zoned' residential. Council Member Neal noted that gas pumps can be installed on the Outlot and suggested that the Council think about keeping the present zoning for possible Neighborhood Business uses. Mayor Bisel opened the public hearing at 7:08 P.M. There were no comments from the audience. Council Member Bohjanen moved to close the public hearing at 7:08 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal moved to approve the first reading of Ordinance No. 16 - 91 rezoning Outlot A to Single Family Residential. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF RENEWING THE AMBULANCE CONTRACT WITH WHITE BEAR LAKE Mr. Schumacher explained that this matter was discussed during the 1992 Budget work sessions. The proposed cost of the White Bear contract is $2,323.00. However, the City of White Bear is negotiation with the local Lions Club regarding the Lions Club taking over all of the ambulance costs. If the Lions Club agree, the cost to the City will be zero and all costs will be billed to the patient by the Lions Club. The ambulance contact with White Bear Lake will be voided. Mr. Schumacher recommended that the contract be approved and he will monitor what is happening in White Bear Lake regarding this matter. Council Member Reinert moved to approve the 1992 Fire and Ambulance contract with White Bear Lake as proposed. Council Member Kuether seconded the motion. Motion carried unanimously. PUBLIC HEARING, PRELIMINARY PLAT FOR BLACK DUCK ESTATES AND BLACK DUCK ESTATES, SECOND ADDITION Mr. Boxrud used the overhead projector and noted that these two (2) proposed subdivisions are in the location of the former Lakes Addition No. 7 town homes. The Black Duck Estates, Second Addition is the site of the formerly proposed Lake Crest Subdivision. Mr. Boxrud explained that the site contains some PAGE 4 1 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 poor soil and he also noted that the developer is in the process of defining Army Corp of Engineers wetland areas. Mr. Boxrud displayed the preliminary plat for Black Duck Estates and outlined the trail systems requested by the Park Board. He noted that one of the cul -de -sacs is approximately 600 feet long and will require a variance approval. Mr. Boxrud also noted that one lot will require a variance because it will have double frontage. He noted that the lot is long enough to contain a berm or wooded screening. Mr. Boxrud explained that the biggest concern is the drainage system and the water table. He noted that ponds are proposed to be constructed in both subdivisions. The developer is aware that ground water control must be constructed and that ground water must be released through the outlet pipe to Reshanau Lake. Drainage that is now directed to Black Duck Drive will be rerouted through the ponds to Reshanau Lake. Proper construction of the ponds and outlet areas will also benefit the homeowners surrounding this proposed subdivision. Mr. Boxrud explained that both subdivisions will be served with sanitary sewer and municipal water. The Second Addition will have three (3) lots fronting on Reshanau Lake. These lots must meet the requirements of the Shoreland Management Ordinance. The Design Review Board has also recommended that the lot lines adjacent to Reshanau Lake radial to a common point in the lake to avoid a dock appearing to be located in front of a neighboring lot. There is a twin home bordering on the Second Addition. Access to the twin home will be by a 30 foot access to the cul- de -sac. One cul -de -sac in the Second Addition will require a variance since it is longer than 500 feet. Park trails were addressed. This matter has been before the Park Board twice. The trails are proposed to align with the overall Comprehensive Park Plan. This will be checked. Mr. Boxrud noted that other trail alignments have been suggested. However, because of poor soils and the cost of soils corrections, the current plan was approved. Mayor Bisel expressed concern for the privacy of the homeowner. He felt trails should not be located in subdivisions. Mayor Bisel opened the public hearing at 7:37 P.M. Marcel Eibensteiner, 251 Inver Court, New Brighton, developer of the Second Addition explained that park dedication was provided when this area was originally platted. No further dedication is due for the new subdivisions. He said he had no intention of providing further park dedication for paying or a trail system. Mr. Eibensteiner explained that he is currently completing PAGE 5 218 - 219 COUNCIL MINUTES DECEMBER 9, 1991 Parkview Estates in Lino Lakes. This subdivision has park trails between two (2) lots. He said that he is having a very hard time selling the model on one (1) of the lots because prospective buyers do not want the intrusion from park trails at the edge of their lots. Mr. Keith Eibensteiner agreed and asked who would be building the trails. Mr. Marcel Eibensteiner said that if he is required to build a trail system through his plat he will void the plat and develop the area as platted in Lake Crest. Mike Swanson, 985 Birch Street said he was opposed to park trails going around three (3) sides of his property. He also noted that his house was too close to the street to allow the construction of a trail across the front of his property. Mr. Swanson noted that there is a water problem to the north of his lot. He expressed concern that the construction of additional houses would only increase the water problem he is currently experiencing. George Ulfig, 1002 Lantern Lane expressed concern regarding the water level on the proposed pond. He noted that he and two (2) of his neighbors have water problems because at times too much water is trying to leave the pond behind his house through a small outlet pipe. He asked what will happen to Outlot A. This outlot is almost entirely ponding. He noted that if this outlot is eliminated there will be no chance of correcting the water problems behind his house. Mr. Ulfig also noted that many small tress are growing on the Outlot and they block drainage toward the lake. Mr. Ulfig expressed concern about flooding on his lot. Mr. Boxrud explained that Outlot A will remain a ponding area plus there will also be considerable more ponding areas. He noted that with the large amount of wetlands on the site and the ability to dig down the pond on the Outlot plus unplugging the pipe to Reshanau Lake, there will be sufficient active ponding areas to provide drainage for the existing homes. Mr. Boxrud said the key concern will be controlling the water table and to get all the water through the pipes to the lake. He will monitor this matter closely and verify all drainage plans. Tim Stemig, 6647 Black Duck Drive gave the Council a letter tonight in which he expressed concern about the runoff from the development. He asked that the City make sure the runoff does not end up in his basement. Mr. Stemig said the area is one (1) giant sponge and felt that no matter how big the pipes were, there would be no way to handle all the water. He said that he felt it was "crazy" to build in this area. He suggested that the Council personally look and see how much water is now on the property. Steve Jackson, 1044 Lantern Lane explained that the drainage PAGE 6 1 1 1 1 1 1 - 220 COUNCIL MINUTES DECEMBER 9, 1991 ditch to the east of his home was plugged when the last house was constructed on Lantern Lane. He also expressed concern about placing additional houses on the current lift station which appears to be unable to handle the current capacity. Mr. Jackson said he felt it is not the cities business to make sure that developers make money. He also said he felt that access to the parks was a crucial concern. Mr. Jackson said he already has water standing in his back yard and if drainage is not controlled, he will have big problems and will scream at someone. Nancy Jackson, 1044 Lantern Lane said she was very concerned about the park dedication. She felt that providing parks would be an asset to the developer and provide better customer relations. She noted that safety of the children was another concern. Mrs. Jackson explained she was "terrified" of driving down Black Duck Drive because there are so many children playing in and near the street. She noted that park land is apparently available but not yet developed. Mrs. Jackson said the last she heard there was no money available to develop the park. She also noted that there was a park on the south side of Birch Street. However, this park is not fully developed because there are no park benches or swing sets available. Mrs. Jackson felt the developer would be better off if he developed a park because he is loosing sales and depreciating his property without parks. She also said the developer should be required to comply with the present requirements for parks. Mrs. Jackson noted that the developer stated that park dedication funds had already been dedicated. However, she felt that the developer would be loosing sales by not putting in park trails so that children could safely go to the nearby parks. Wayne Felten, 6645 Black Duck Drive said he was concerned because already one third of his lot is unusable because it is like a sponge. He asked how will the water level be reduced and what will happen if the rainfall and snowfall continue at the present rate. Virginia Doelz, 915 Birch Street express concern about the three (3) lots that will back up to her property. She noted that the new houses will have higher elevations than her property and asked if there will be drainage from these homes unto her property. Ms. Doelz also noted that she had a mound septic system on her lot next to the three (3) lots and she asked how these new houses would be developed and landscaped. She said she did not want her investment going to the lake and contaminating the lake. Mayor Bisel explained that the law requires that each parcel or subdivision must contain their own surface water and could not PAGE 7 - 221 COUNCIL MINUTES DECEMBER 9, 1991 drain onto another property. Provision will be made to properly drain the lots to street storm sewers which will drain to holding ponds. Ms. Doelz explained that presently drainage from the area is going on to her property. Mr. Boxrud will show the proper drainage for this area on the final grading plans. Ms. Doelz noted that there is a lot of wild life in this area. She explained that preserving wild life helps preserve us. Tom Sobetski, 6650 Black Duck Drive expressed concern regarding possible water problems from ground pressure on existing homes. He asked if the plat is approved, would the City stand behind the existing homes as a warranty. It was noted that the City has to be responsible for what the developer is doing. The City hires professional consultants and the Council assumes that their opinions and recommendations are correct. Mr. Sobetski explained that presently he does not have water in his house. However, he felt that ground pressure could affect his home. He also noted that ponds are "mosquito heaven ". Mr. Sobetski said that the safety of the residents currently in the area should be the issue. People should not have. to walk on Birch Street to get to the parks. He noted that he was told there was a park site on Captains Place and now he is hearing that the park will be located further to the east. He asked if services such as police and fire services will be able to keep up with the expected development. Mr. Sobetski asked if the City would stand behind him so that additional drainage will not end up on his property. Mr. Boxrud explained that the drainage system usually ends up being owned by the City. The City will maintain the drainage system. Theresa Grovum, 972 Birch Street noted that the proposed two (2) subdivisions will add more traffic to Birch Street and the proposed cul -de -sac will cause additional traffic hazards. She also noted that there was a large number of new homes proposed for a small swampy area. Mike Swanson said he agreed that Birch Street is a hazard and a trail system is needed. He asked why the proposed trail system had to go around his lot. Why not place the trail system on the cul -de -sac. Mr. Swanson also noted that a 40 mph sign should be placed on Birch Street and then maybe the traffic would travel only 50 mph. Mayor Bisel explained that the Police Department has noted that it is usually the local residents who are the biggest speed offenders. Jeff Joyer, 8174 Lake Drive explained that the proposed density for the two (2) new subdivisions is much lower that the originally proposed quad homes. He also noted that during prior PAGE 8 1 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 development in the area, park dedication was fulfilled. If additional lands are taken for parks or park trails, this amounts to taking land without compensation. Mr. Joyer also noted that the proposed grading and ponding system will alleviate most of the water problems for this entire area. Mr. Boxrud explained that his concern is the water table in the area. However, he noted that he would not have brought this proposal for development to the Council if he did not believe the water table problem was solvable. Mr. Boxrud said that once the drainage is improved and controlled, the water table should be a lot less of a threat to existing homes. He noted that if the developer cannot show a positive effect on the water table at the south edge of the plat, he will not approve the plat. However, he was sure that the developer can provide this information. Nancy Jackson, 1044 Lantern Lane asked where the elevation figures came from. She noted that if the elevations are taken from old maps or old information, the area should be resurveyed. Mrs. Jackson noted that the previous developer had changed the elevation of some of the area. Mr. Boxrud explained that elevations are taken from the 1987 topographical map and the developer is currently verifying this information. Mrs. Jackson asked if her property was included in the resurveying. Mr. Boxrud explained that the critical property (property showing greatest sign of drainage problems) will be resurveyed. Mrs. Jackson noted that there are some endangered species of wild life in the area as well as deer. The City should insure that not all of the trees and wild life protection will be removed. Tim Stemig, 6647 Black Duck Drive said he felt that the professionalism of the staff was very good but noted that wild life will be destroyed. He again noted that the area is a sponge and said that additional snow and rain will also seep into the sponge. Mr. Stemig said that when his house was built, he was told that there would be no additional building in the area for two (2) years so that it could be determined where all the water would go. His house is only one (1) year old and there has not been sufficient time to see where the water is going. He asked that new maps be made of the area to be sure the area does not turn into a lake. Mayor Bisel explained that a large portion of Lino Lakes was mapped by ortho photos. The City now knows where the 100 year flood elevations are. All developers are referred to these maps. Mr. Stemig said he did not know how bad the water table was when he purchased his home. He also said he did not know he was getting an easement until the day of closing. He asked that current maps be kept available to residents. He asked that another survey be done of the proposed development. Mayor Bisel explained that before the final plat is approved, all PAGE 9 222 - 223 COUNCIL MINUTES DECEMBER 9, 1991 elevations will be verified and elevations of all houses will be indicated. Mr. Stemig said he was against the development. Council Member Reinert asked if Reshanau Lake was a reflection of the water table. Mr. Boxrud explained that there was a good slope to the lake. Council Member Reinert asked if the ponds are to drain to the lake, how is this related to Reshanau Lake. Mr. Boxrud explained if the lake is at flood level, the pipe to the lake will still be draining. Council Member Reinert noted that several years ago during a particularly wet spring season, the storm sewer at East Shadow Lake Drive and Lantern Lane flooded. He asked what would this do to the ponding area of the proposed development. Mr. Boxrud explained the City must prepare for these adverse conditions. He also explained that the East Shadow Lake Drive and Lantern Lane intersection is below the flood level of Reshanau Lake. Apparently flood plain information was not available when the Lakes Additions were developed. Mr. Boxrud explained that it must be assumed that Reshanau Lake is at flood level and then design for storm water drainage from that point. Council Member Neal noted that several years ago the City experienced a five (5) inch rainfall and all basements flooded on Lantern Circle and the water pressure caused manhole covers to lift. Mr. Boxrud explained that a number of things could have happened to cause this problem. Mr. Boxrud explained that the lift station at Lantern Lane and Black Duck Drive still has about five (5) years worth of growth before it should be upgraded. He also noted that lift stations are maintenance "beasts ". Council Member Reinert asked what is the Park Board position regarding the trail issue for these two (2) new subdivisions. Mr. Boxrud explained that they have been asked to construct trails as have all other new subdivisions. Council Member Reinert asked that preliminary plat approval be tabled until all concerns have been addressed. Mayor Bisel noted that these are only preliminary plats and all concerns can be addressed prior to final plat approval. Council Member Reinert asked that more public input be allowed since developers come and go and those left here have to live with their mistakes. Mayor Bisel felt that the process has been opened and public comment has been taken. Council Member Reinert moved to continue the hearing until January 13, 1992. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel El Bohjanen ® Kuether PAGE 10 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 Neal © Reinert Abstained: None Motion failed. Council Member Bohjanen moved to closed the public hearing. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Eg Abstained: None Motion carried. Bohjanen Reinert Eg Kuether There was further discussion regarding the park trail system. It was noted that the proposed plan is not a good plan and should be referred back to the Park Board for further study. Council Member Reinert said he felt it was unwise to move these preliminary plats forward until this issue and all other issues are resolved. Council Member Kuether moved to approve the preliminary plat of Black Duck Estates, DRB No. 91 -48 and to exclude approval of the park trails (Item 2E from "green sheet ") until the matter has been resolved by the Park Board. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Eg Abstained: None Motion carried. Bohjanen Reinert Eg Kuether Council Member Kuether moved to grant a variance for the westerly cul -de -sac in Black Duck Estates to allow for a cul -de -sac longer than 500 feet. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Eg Abstained: None Motion carried. Bohjanen Reinert El Kuether PAGE 11 224 225 COUNCIL MINUTES DECEMBER 9, 1991 Lot 10, Block 2 in Black Duck Estates is proposed to be a double frontage lot. Mr. Boxrud noted that there was enough depth to the lot to allow for either a berm along Birch Street or for other screening. Council Member Kuether moved to approve the variance for the double frontage lot with the provision that the lot be bermed. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal ® Reinert Eg Abstained: None Motion carried. Kuether Council Member Bohjanen moved to approve the preliminary plat of Black Duck Estates Second Addition with the stipulation that the park trail system as now indicated be deleted and be reviewed by the Park Board and included in the final plat. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen © Kuether Neal ® Reinert Abstained: None Motion carried. Council Member Bohjanen moved to approve the variance for a cul- de -sac over 500 feet in length for Black Duck Estates Second Addition. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel © Bohjanen Neal ® Reinert Eg Abstained: None Motion carried. Kuether Mr. Marcel Eibensteiner explained that he will not be able to prepare a final plat until the park trail issue has been resolved. Mr. Schumacher noted that the matter would be addressed at the next Park Board meeting. Council Member Kuether moved to send both preliminary plats back to the Park Board to resolve the park trail issue and to meet PAGE 12 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 with the residents in the area. Council Member Bohjanen seconded the motion. Motion carried unanimously. PLANNER'S REPORT Consideration and Approval of Request from Bob Adamson, Oak Brook Peninsula for an Extension of Time to File Final Plat - Mr. Miller explained that the City Code requires that a final plat be filed within 60 days of Council approval. Mr. Adamson is asking for an 18 month extension of the filing date because litigation has not yet been completed on the matter. It was noted that this extension would take him through two (2) building seasons and it may be best to grant a six (6) month extension and if matters are not settled, grant another extension. Mr. Miller explained that Mr. Adamson hoped to avoid having to return to the Council if litigation is not completed within six (6) months. In addition, an 18 month extension would eliminate any possible impact on the present negotiations. After further discussion, Council Member Bohjanen moved to grant the 18 month extension. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Eg Neal Eg Abstained: None Motion carried. Bohjanen Eg Reinert El ENGINEER'S REPORT (CONTINUED) Kuether Eg Comprehensive Water Management Plan - Mr. Boxrud explained that law demands that all municipalities design and implement a drainage plan. He noted that Rice Creek Watershed District (RCWD) has prepared a 509 plan which outlines a broader drainage plan for the entire RCWD. Mr. Boxrud also explained that in the spring of 1991 the legislature also passed new legislation relating to wetlands. He noted that a City plan will provide a valuable knowledge base for staff and for persons who wish to develop land in the City. In addition, once the City has prepared a plan approved by the RCWD no watershed district permits will be necessary. Other benefits of a City plan include better local control of water quality and a basis for estimating costs and phase planning. Rocky Keehn, Engineer in the Water Resources Department of SEH presented a comprehensive water management plan that was prepared PAGE 13 226 227 COUNCIL MINUTES DECEMBER 9, 1991 for the City of Moundsview and approved by the RCWD. He outlined steps required to prepare such a plan. The plan would include goals, policies and a plan to take control of water management. Mr. Keehn also noted that such a plan is not cheap. He presented material that outlined the scope of the plan and the cost of each phase. Mr. Joel Schilling outlined the new wetland laws that will be implemented with the Wetlands Conservation Act of 1991. He noted the program is very complex. Mr. Schilling said that beginning January 1, 1992, no one will be allowed to drain, fill or burn in wetlands unless a permit is obtained. He explained how the process would be implemented. Mr. Schilling explained that the City will be required to designate which local government unit will administer the interim provisions of the act. He noted that this act will have a profound impact on the way the City will act in regard to the management of wetlands. There is still a great amount of confusion on this matter. There was discussion regarding who at the City level would issue permits if the City became the local government unit. Some Council Members felt it appeared that this would be an administrative nightmare. The Wetland Conservation Act of 1991 also appeared to be adding another layer of governmental agencies to the already long list. Mr. Bob Adamson, 6001 Sergeant Court agreed that there was a need for a central plan and to take the process out of the hands of the RCWD. He noted concern for the ways funds are to be generated for the program. Mr. Adamson explained that the Oak Brook Peninsula, a 20 acre, four (4) lot subdivision is being assessed for the City water management plan. He noted that he felt the amount was well out of line. He suggested that the City change its current policy and assess every land owner, not just the developers. Mayor Bisel thanked Mr. Keehn and Mr. Schilling for their presentations. Council Member Reinert noted that according to the information presented, the cost of preparing and implementing a comprehensive water management plan for Lino Lakes would cost approximately $175,000.00. Mr. Keehn explained how some of the cost could be recovered on the quarterly residential /commercial water billing. CONSIDERATION OF THE TERRY LAPPIN DEVELOPMENT EXTENSION Mr. Lappin presently has an exclusive development agreement with the City to develop the site at Highway 49 and Lake Drive. This PAGE 14 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 agreement expired December 1, 1991. Mr. Lappin has requested a six (6) months extension of the agreement noting that he has progressed positively with a potential anchor tenant for the location and an extension would give confidence to the people he is working with. Council Member Kuether asked if the agreement covered the entire 20 acre tract or if it was only for the site of the anchor tenant. It was explained that it was for the entire site. Mr. Lappin explained that he has been very aggressive and very mindful of the wishes of the City Council. Council Member Kuether noted that this would be "putting all of our eggs in one (1) basket" and could be fending off other potential developers. The extension would take the exclusive agreement well into the next building season. After further discussion, Council Member Neal moved to grant the 180 day extension. Council Member Reinert seconded the motion noting that the City has not had commercial developers beating on the door. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, ORDINANCE NO. 15 - 91, AMENDING ORDINANCE NO. 01 OF THE LINO LAKES ZONING CODE Mr. Miller explained that at the November 25, 1991 Council meeting, he was requested to complete a detailed listing of the changes in the text of the zoning ordinance. This has been done and was included in the Council packets. The revised text accomplishes the following: 1) Codification of zoning changes since 1983 2) Elimination of the 2 1/2 acre residential zoning district (per Metropolitan Council guidelines) 3) Redefinition of the Planned Unit Development (PUD) zoning district as an overlay district. Mr. Alan Irwin was in the audience. Mr. Miller explained that Mr. Irwin, a member of the old Planning and Zoning Board had spent a considerable amount of time updating the zoning code. Mr. Irwin explained that most of the changes were administrative or clerical in nature and few changes were made. The completed document will be easier to follow. Council Member Reinert asked for clarification regarding who could build pole buildings and where they could be constructed. Council Member Reinert noted that the 2 1/2 acre zoning is somewhat controversial. Mr. Miller explained the logic cited by the Metropolitan Council for implementing only two (2) PAGE 15 228 - 229 COUNCIL MINUTES DECEMBER 9, 1991 residential districts; sewered lots or 10 acre lots. Mr. Ron Birch explained his past history before the City Council. He noted that at one (1) time he did present a plat with 2 1/2 acre lots. This was not approved because of the difficulty in replatting areas with this size lots. Mr. Art Hawkins, 6102 Centerville Road said he had done some investigation regarding 2 1/2 acre lots. He noted that some other communities are still using this standard. He had also talked to Metropolitan Council and was given the same information. However, he felt the City should not eliminate the zoning district entirely. Mr. Hawkins told the Council that he felt it was inappropriate and unproductive to consider this matter so late in the evening and with no residents in attendance. He also noted that the zoning document was not available to the public at large and although he appreciated the work that had been done on the document he would like to determine if anything substantive had been changed. Jacquelyne Farm, 6209 Centerville Road asked if a PUO overlay district meant that a rural area could be overlaid. Mayor Bisel said that the Charter would take care of this. Amy Donlin, 6100 Centerville Road said that the Council was assuming that every parcel would eventually be developed and need a ghost plat. She said she felt this did not preserve the integrity of Lino Lakes. Most residents did not want to see "bumper to bumper housing ". There was further discussion regarding 2 1/2 acre plats with Mr. Miller pointing out different areas of Lino Lakes with this size lot and the problems associated with the lots. He noted that this size lots created low density but created problems for the City in trying to provide services. The system was inefficient. Joyce Scharpen, 601 main Street asked if the City updated the zoning ordinance would this mean no more city size lots. Mr. Miller explained there would only be two (2) residential zoning areas, one (1) district would be urban with municipal sewer and water and the second would be rural with lot sizes of 10 acres or more. Mr. Irwin noted that it would be possible to use the proposed new PUO district in the rural areas. All regulations of the rural district would be adhered to but the lot sizes would vary. Mr. Miller explained that this plan would allow a number of rural land owners to get some income from their land now so that they PAGE 16 1 1 1 1 1 1 COUNCIL MINUTES DECEMBER 9, 1991 can preserve the balance of their land for such time when municipal services are available. Council Member Neal moved to table Ordinance No. 15 - 91 for further study. Council Member Kuether seconded the motion. Motion carried with Council Member Bohjanen and Mayor Bisel voting no. ATTORNEY'S REPORT Mr. Hawkins did not have a report. OLD BUSINESS Council Member Bohjanen moved to take Ordinance No. 15 - 91 off the table to give staff direction in the matter. Mayor Bisel seconded the motion. Motion carried unanimously. Mr. Schumacher suggested that the staff prepare a document detailing what is new in the ordinance, what is being changed or updated and what is being deleted from the zoning ordinance. Council Member Bohjanen moved to approve the suggestion of the City Administrator. Council Member Kuether seconded the motion. Motion carried unanimously. NEW BUSINESS REMINDER, next Council meeting is Thursday, December 19, 1991. Snowmobile Complaints - Council Member Kuether explained that she has been receiving many complaints regarding snowmobile trespassing. Most of the complaints appear to be coming from the southwestern portion of the City. There appears to be a safety issue involved and Council Member Kuether suggested that a patrol be established in that area. It was noted that the Anoka County Sheriff's Department completed a snowmobile enforcement campaign this past week end and many citations were issued. Mr. Schumacher will have Police Chief Campbell prepare a list of concerns and options and bring this information to the Council on December 19, 1991. Severance Pay Policy - Mayor Bisel recommended that a severance pay policy be implemented for all full time department heads. He suggested that the severance pay policy be one (1) months pay at top salary for every year of service. Council Member Bohjanen moved to approve Mayor Bisel's recommendation. Council Member Kuether seconded the motion. Mr. Schumacher explained that funding of the severance pay policy would come from the surplus PAGE 17 230 Z31 COUNCIL MINUTES funds. VOTING ON THE MOTION: DECEMBER 9, 1991 Bisel © Bohjanen © Ruether Neal ❑ Reinert ❑ Abstained: Council Member Neal, Council Member Reinert was absent. Motion carried. Council Member Bohjanen moved to adjourn at 11:20 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting on December 19, 1991. Maril ' G. Anderson Clerk- Treasurer Harold L. Bisel, �L Mayor PAGE 18