HomeMy WebLinkAbout04/08/1991 Council Minutes1
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COUNCIL MINUTES APRIL 8, 1991
The regular meeting of the Lino Lakes City Council was called to
order by Mayor Bisel at 6:30 P.M., Monday, April 8, 1991.
Council Members present: Neal, Kuether, Reinert, Bohjanen.
Council Members absent: none. City Attorney, Bill Hawkins;
Engineer's, Dan Boxrud and Darrell Schneider; Planner, John
Miller; Chief of Police, Dean Campbell; Administrator, Randy
Schumacher and Clerk - Treasurer Marilyn Anderson were also
present.
CONSENT AGENDA
Council Member Bohjanen moved to approve the consent agenda as
presented. Council Member Neal seconded the motion. Motion
carried unanimously.
DISBURSEMENTS:
REGULAR AGENDA
OPEN MIRE
DISPOSITION ITEM
March 29, 1991 ,, Approved
April 8, 1991 Approved
Centennial Fire
Department Approved
Frank Kern, 2019 Otter Lake Drive asked Mayor Bisel to allow
three (3) people to speak under Open Mike regarding the
preliminary plat of Oak Brook Peninsula. This item will be
considered by the Council later this evening. Mr. Kern explained
that he felt the public hearing was adjourned before all the
citizens had the opportunity to speak. Mayor Bisel asked that
the speakers under Open Mike limit their comments to three (3) or
four (4) minutes each.
Mr. Kern said that the City Planner had told the Council that
the developer of Oak Brook Peninsula had obtained all of the
necessary permits. He noted that a Department of Natural
Resources (DNR) permit has not been issued for the channel
crossing. He noted that the developer has not even applied for
the permit.
Linda Elliott, 2001 Otter Labe Drive explained that she had
written a letter to the Council dated April 7, 1991 regarding the
Otter Bay Peninsula preliminary plat. Ms. Elliott read the
letter to the Council. This letter can be found in the Otter Bay
Peninsula plat file.
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Geraldine LeTourneau, 2018 Otter Lake Drive said she would like
to "reinforce" the Indian finds in the Oak Brook Peninsula area.
She explained that in 1970 research was done in a burial ground
in this area. Mrs. LeTourneau explained that she has gotten
together with Ted Iverson who explained that this area was known
as "Arrowhead Hill ". This was an area where early French
trappers hunted. She said that there are legitimate concerns
over artifacts that are still in the area and that the Indian
findings questions have not been totally answered.
Bandt Tennel, attorney for the Otter Lake Home Owners Association
addressed the question of whether or not the protective covenants
on Otter Lake Estates are a private matter. He noted that other
cities have used restrictive covenants as a basis for denying a
replat or variance. He noted that the Otter Lake Estates
covenants are very clear regarding protection of the channel that
would have to be bridged for development of Otter Bay Peninsula.
Mr. Tennel noted that the design of the bridge will have a
greater effect in restricting channel traffic than would a box
culvert. He noted that the bridge could be as low as three (3)
feet from the water surface. He noted that access through the
channel will be severely affected if not cut off by the bridge.
He asked that the Council consider holding another public hearing
since the public has not been sufficiently apprised of the new
bridge design. He noted that it behooves the City Council to
hold another public hearing so that recreational users of Otter
Lake will be able to give their comments.
It was noted that a number of variances would be needed to
implement the Oak Brook Peninsula subdivision. A request that
all variances be considered and acted upon prior to the start of
construction was given to the Council. The issue of a variance
to the Shoreland Management Ordinance was brought before the
Council. It was noted that this would be a significant
requirement. The issue of the setback from the Cheesebrough
property was set before the Council. In addition the issue of
whether or not the bridge and road inside of the subdivision
could be private or public was set before the Council. It was
noted that the developer would have to give proper support for
all variances and this has not yet been done.
Mr. Kern asked that the Council look at all variances needed for
this development and asked that Mr. Adamson supply the support
for the variances. He also requested that the Council hold
another public hearing on this matter.
Barry Bernstein, Recreational Coordinator - Mr. Schumacher
introduced Mr. Bernstein to the Council. He explained that Mr.
Bernstein is in the process of setting up summer recreation
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programs. Mr. Bernstein told the Council that he is very excited
about the recreation program and he has had very good response to
his programs. Council Member Kuether asked if there would be a
women's softball league. Mr. Bernstein explained that he did not
receive enough registrations in this area and has recommended to
those who did register to join other leagues in the area.
Property Tax Statements - Mr. Schumacher explained that the City
has received a great number of telephone calls regarding property
taxes. He used the overhead projector and explained the form
used by the County this year. He also noted that some callers
were unaware that most of the tax dollars do not come to the
city. Mr. Schumacher noted that if a residents property taxes
increased 10% or more the property owner can file for a rebate.
YEAR END REPORT ON LINO LAKES GAS FRANCHISE OPERATIONS, AL ROSS
AND JIM KEINATH
Mr. Ross presented the annual report to the Council. Mr. Keineth
said that he would answer any questions that the Council may
have. Council Member Kuether expressed surprise at the large
number of new customers. Council Member Neal asked if there
would be a bid to service the new school on Birch Street. Mr.
Keinath said that he would be willing to review the new school as
well as any new subdivision in that area.
Mayor Bisel explained that the City is in the process of
reviewing all franchises and agreements. He noted that this
franchise would be reviewed as well.
Mayor Bisel thanked Mr. Ross and Mr. Keinath for coming this
evening.
PUBLIC HEARING, COMPREHENSIVE LAND USE PLAN AMENDMENT, LAKE
AMELIA TOWN HOMES
Mr. Miller explained that Mr. Ron Birch has submitted a proposal
for town homes on 20th Avenue north of Ash Street. This proposal
would require sanitary sewer and municipal water. The area is
not currently within the Metropolitan Urban Service Area (MUSA).
Therefore, an amendment to the Lino Lakes Comprehensive Land Use
Plan has been proposed. The public hearing is to take public
comment regarding including this property in the MUSA boundary.
The area proposed to be included in the MUSA is 47 acres. If
this land is to be included in MUSA, a like amount of land will
have to be taken from MUSA in another area. Metropolitan Council
will not allow Lino Lakes to increase the acreage currently in
MUSA. Mr. Miller explained that there is a parcel of land
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located south of Main Street along 24th Avenue that could be
taken from MUSA. He explained that he has talked to the owner of
this property and the owner was not opposed to this action.
Mr. Miller explained that the action required this evening if the
Council so wishes is to direct staff to forward the Comprehensive
Plan Amendment to Metropolitan Council for their review and
comment. After comments, if any, are received from Metropolitan
Council, they will be incorporated into the Comprehensive Plan
Amendment. The Amendment will be brought back to the Council
along with a resolution to adopt the Amendment.
The public hearing this evening is to take public comment
regarding the proposed Comprehensive Plan Amendment.
Mayor Bisel opened the public hearing at 7:15 P.M.
Mrs. Jackuelyne Farm, 6209 Centerville Road explained that she
has spoken to Mr. Art Hawkins who told her that he had not
received a notice of this public hearing. She wanted to express
Mr. Hawkins concerns. Mr. Hawkins is concerned about an
ordinance requirement that would allow the town homes to have a
set back of 200 feet from Lake Amelia. He also expressed concern
regarding the cost of constructing the utilities to the proposed
town homes. Mr. Hawkins felt that the cost would outweigh the
income derived from the utility service.
There were no further comments from the audience. Council Member
Bohjanen moved to close the public hearing at 7:17 P.M. Council
Member Neal seconded the motion. Motion carried unanimously.
The consensus of the Council was to sent the proposed
Comprehensive Land Use Plan Amendment to Metropolitan Council for
their review.
PUBLIC HEARING, WENZEL FARMS IMPROVEMENTS
Mr. Schneider used the overhead projector and outlined the public
improvements for the Wenzel Farms subdivision and the cost for
the improvements. This subdivision is located on the west side
of Lake Drive and south of Elm Street. Mr. Schneider noted that
residents along the extended route for water and sewer will not
be assessed for any part of this improvement.
Wenzel Farms subdivision has -been platted in its entirety. The
subdivision contains a total of 100 single family homes and 75
town homes. The subdivision will be constructed in three (3)
phases.
The purpose of the public hearing is to take public comment. The
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Council will then close the public hearing. Normally there is a
60 day waiting period before the Council can order the
improvement. However, the only landowner has petitioned for 50
of the 60 day waiting period to be waived. This matter will be
brought back to the Council at the next regular meeting with a
resolution ordering the improvement. Bids for the improvement
can be ordered and could be awarded as early as the first meeting
in June.
Mr. Schneider noted that there are other possible sewer and water
connections along the sewer and water route outside of the Wenzel
subdivision. He explained that any landowner interested in
connecting to the utilities can petition for the improvement.
Mayor Bisel opened the public hearing at 7:31 P.M. Tom Mesich,
7064 Rice Lake Lane noted that a petition was started in his
neighborhood for installation of sewer and water. This caused
one of his neighbors to move and another to seriously think about
moving. He said he and many of his neighbors were against
splitting his back yard to gain additional lots. However, they
never took the time to complain. He said it was nice of them to
put the sewer next to his house and said he would like to know
the cost to him.
Mayor Bisel said that no landowner on Rice Lake Lane will be
forced to split their lots or hook up to the sewer and water.
However, he noted that this has been done in several other areas
of Lino Lakes.
There was no one else to speak at this public hearing. Council
Member Bohjanen moved to close the public hearing at 7:35 P.M.
Council Member Reinert seconded the motion. Motion carried with
Council Member Kuether abstaining.
PLANNER'S REPORT
Consideration of Amendment of PineRidge PUD - Mr. Miller
explained that PineRidge is currently zoned Planned Unit
Development (PUD) and an agreement was completed with the
developer regarding conditions attached to the development of
this property. At this time the developer is requesting that his
agreement be amended to allow 30 of the 68 lots to be permitted
to be constructed to modified R -1 standards instead of the
required R -1X standards. Mr. Miller explained the lots would be
enhanced R -1 lots and would require that seven (7) provisions to
ensure curb appeal be followed. The seven (7) provisions are
outlined in Mr. Miller's "green sheet" dated April 3, 1991. The
developer has agreed to all seven (7) of the provisions.
Mr. Miller noted that he met with Mr. Carlson, developer of
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PineRidge, Mr. and Mrs. Gary Barott, Mr. Schneider and Mr. Volk
regarding the Barott property. The Barott's are interested in
the proposed Reshanau Lake Trunk Sewer providing that their
property can be developed with enhanced R -1 housing and R -1X
housing. The Barott's would sell their property to Mr. Carlson
to develop it in the same manner as PineRidge. All R -1X housing
would be constructed next to R -1X houses in adjoining
subdivisions. A larger park would also be developed.
Council Member Reinert noted that the percent of change is very
large. Mr. Miller said that he made sure that all the lots
proposed to be enhanced R -1 will be interior lots. Council
Member Reinert asked what the difference in square footage would
be in the homes. Mr. Miller felt about 15% smaller. Council
Member Reinert said he had a problem in mixing R -1 homes with R-
1X homes. He felt that the cost factor for an enhanced R -1 house
would be approximately the same as an R -1X house. Mr. Carlson
said he would like the opportunity to build homes in the price
range of $85,000 to $110,000 in the enhanced R -1 areas. The R -1X
homes would be in the range of $110,000 to $150,000. Council
Member Reinert felt it would be better to balance the cost in the
quality of the home rather than in appearance.
Council Member Kuether noted that the Council had allowed the
rezone for lot sizes. Mr. Miller noted that the area was zoned
R -1X before the condition of the soil was determined. Council
Member Reinert felt that allowing R -1 homes in this are now would
be a breach of good faith with the people who have bought R -1X
homes.
There was discussion regarding when this request was brought to
the staff. Mr. Miller explained about three (3) months ago. Mr.
Schumacher clarified the original PUD. He noted that it allowed
the developer to make changes in lot dimensions while in most
cases retaining the minimum area. This was necessary because of
the large amount of wet areas in the development. At this time
the developer is requesting that 30 of the 68 lots be allowed R -1
homes with special provisions to ensure good curb appeal. Mr.
Schumacher also noted that the over - riding issue in this matter
is hookups. The City must cater to the present market (R -1
housing) and negotiate with both Mr. Carlson and Mr. Barrot to
insure enough hook ups and insure quick utilization of the land
to make the Reshanau Lake Trunk Sewer feasible.
Council Member Reinert said that he felt he was not allowed
enough time to consider this matter and moved to deny the request
for enhanced R -1 housing at PineRidge. Council Member Neal
seconded the motion. Mr. Miller noted that originally the Barrot
property was in the Reshanau Lake Trunk Sewer proposal. However,
they did petition out of the improvement if blended housing was
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not an option. The Barott's will come back into the improvement
if Mr. Carlson would be allowed to develop with blended housing.
Council Member Reinert said that he recalled that Mr. Barott was
opposed to any extension of utility into his property. Mayor
Bisel explained that the proposal before the Council tonight does
not affect the Barott property. Mr. Miller said that if
PineRidge is allowed to develop with blended housing the
developer will also buy the Barott property provided that blended
housing will be allowed.
Council Member Bohjanen asked if the developer was proposing
lowering the cost of the homes by making the house smaller. He
also asked if the exterior appearance of the smaller house would
be similar to the R -1X house. Mr. Miller said the only
difference would be in square footage. The exteriors would be
similar to Woodridge Estates. There would also be an
architectural committee reviewing each new home. In addition,
protective covenants would be completed to protect the R -1X
housing.
Mr. Carlson explained that it will be doubly important that the
Barott property be allowed to develop with blended housing. He
noted that the soil is suitable for only split entry housing and
R -1X housing is more suitable for houses with full basements.
Voting on the motion, Bisel no, Reinert yes, Bohjanen no, Neal
yes, Kuether yes. Motion passed.
Consideration and Approval of the Final Plat of Good Value Homes,
Sunnygate, Third Addition - Mr. Miller explained that the third
addition consists of 31 homes. The developer has agreed to draft
the developers agreement and will submit the required letter of
credit. Mayor Bisel noted the Final Plat Checklist. Mr. Miller
explained that it will be used when all final plats are brought
to the Council.
Council Member Reinert moved to approve Option No. 1 and approve
the final plat of Sunnygate, Third Addition contingent upon
receipt of a signed development agreement and the appropriate
letter of credit and park fee. Council Member Bohjanen seconded
the motion. On a roll call vote, motion carried unanimously.
The Council took a five minute break at 8:10 P.M.
Consideration and Approval of the Final Plat of Reshanau Park
Estates - Mr. Miller explained that this is the final addition of
the subdivision. All utilities have been installed and no park
dedication is required. A developer's agreement is still needed.
Council Member Reinert moved to approve Option No. 1 and approve
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the final plat of Reshanau Park, Second Addition contingent upon
completion of the developer's agreement and payment of all
outstanding escrow accounts. Council Member Neal seconded the
motion. On a roll call vote, motion called unanimously.
Minor Subdivision, Marlin Hanson - Mr. Miller explained that Mr.
Hanson had three (3) parcels of land that he has combined into
one (1) parcel containing approximately 14 acres. Mr. Hanson has
now requested that this one (1) parcel be divided into three (3)
parcels as follows: 1) a 2.5 acre parcel that would include his
homestead, 2) a parcel that provides the roadway providing access
for Oak Brook Peninsula, and 3) a parcel about 11 acres for the
purpose of building another house. It was noted that in 1985 Mr.
Hanson was granted a permit to construct a boat house with the
stipulation that the parcel with the boat house be combined with
the homestead. Mr. Hanson had not completed the combination of
the parcels until recently and explained why this was not done.
Mr. Miller explained that Mr. Hanson had also requested a
variance because it was thought that Mr. Hanson would be creating
an undersized lot for his homestead. According to the 1985
zoning ordinance, Mr. Hanson will be creating a legal sized lot
and the variance is not needed.
Council Member Reinert was concerned because the Council would be
creating the roadway to Oak Brook Peninsula before the
subdivision was approved. He asked what would happen to this
parcel if Oak Brook Peninsula was not approved. Mr. Miller
explained he was concerned that the Council would not consider
the preliminary plat for Oak Brook Peninsula because there was no
roadway approaching the subdivision. He suggested that the
Council consider a two (2) lot subdivision as follows: 1) a 2.5
acre parcel containing the homestead, and 2) a parcel containing
approximately 11.5 acres. This parcel can be later subdivided if
the Oak Brook Peninsula subdivision is approved.
Council Member Kuether moved to deny the variance, DRB
Application No. 90 - 65. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
Mr. Frank Kern approached the Council to say that Mr. Hanson was
not telling the truth regarding why he did not combine his
parcels in 1985 as the Council had requested. Mayor Bisel
explained that Mr. Kern's comments were of a personal nature and
that he would not allow them-to be part of the record.
Council Member Reinert moved to approve the first parcel of 2.5
acres of land containing Mr. Hanson's homestead and the second
parcel of approximately 11.5 acres containing the remainder of
the property. Council Member Bohjanen seconded the motion. On a
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roll call vote, motion carried unanimously.
Consideration and approval of the Preliminary Plat for Oak Brook
Peninsula - Mayor Bisel reminded the Council and the audience
that the public hearing was conducted on January 28, 1991 and the
public hearing was closed. He asked that a spokes person be
appointed for the Otter Lake Home Owners Assn. to speak and bring
matters of information to the Council. Mayor Bisel asked that
the City Planner present the preliminary plat and his
recommendations and he also asked that the City Attorney give his
legal opinion.
Mr. Frank Kern, 2019 Otter Lake Drive, president of the Otter
Lake Home Owners Assn. asked the Council to deny the preliminary
plat of Oak Brook Peninsula. He noted that the present cul -de-
sac at the east end of Otter Lake Drive does not have a "turn
around ". The present plan for Oak Brook Peninsula calls for the
extension of Otter Lake Drive to be a private road with a private
bridge. He asked how drivers will be able to turn around where
the street becomes private?
Mr. Kern said that the developer does not have a DNR permit. He
has a permit for a culvert, however a bridge is planned and a
permit for a bridge has not been approved. Mr. Kern noted that
the street in Oak Brook Peninsula is planned to be a private
street. He asked what would prevent the Oak Brook Peninsula
Association from turning this street over to the City in a few
years.
Mr. Kern asked who will be responsible for road repair to Otter
Lake Drive. He noted that construction traffic on this road will
cause structural damage and asked if the residents along Otter
Lake Drive will be assessed for the repairs or will the City
assume the costs. Mr. Kern also asked that the developer be
required to take adequate perc tests at the proposed grades for
the homes. He noted that perc tests taken to this point have
been taken at the top of knolls. Mr. Kern noted that the
proposed street will be within five (5) feet of the high water
mark. He asked if another variance will be needed to construct
the street because of its proximity to the lake. Mr. Kern also
asked that findings of fact be given for each variance granted in
this matter.
Mr. Kern asked the Council to conduct another open hearing on the
preliminary plat. He said he felt that the plat has been
drastically changed since the first public hearing including a
different street and a different bridge. Mr. Kern asked that the
City deny the preliminary plat. He said he felt that all
consideration has been given to the developer and not to the
citizens.
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Bob Adamson, developer of Oak Brook Peninsula spoke of the
integrity of the development. He noted that there is a cul -de-
sac at the entrance to his development. A "private road" sign
can be posted if it is felt that this will reduce the traffic of
Otter Lake Drive. Mr. Adamson noted that the matter of the
private street will be addressed in the covenants. The property
will generate approximately $100,000 in property taxes each year.
Mr. Adamson explained that additional perc tests are required at
the time of construction on a house. This is done to insure perc
tests are taken at the site of the septic systems.
Mr. Adamson noted that everything has been done that is required
by City Code. All other requests and requirements have been
completed. Upkeep of the street and bridge will be done by the
home owners association. This will be outlined in the protective
covenants.
Mr. Adamson said that he felt the Otter Lake Drive home owners
were not at all concerned about the historical aspect or the
environmental aspect of his development. The residents were only
concerned about driving on what they consider their private
street. He noted that he has all permits except for the bridge.
This permit cannot be issued until the design of the bridge is
determined.
Mr. Adamson said that it is time to put this issue to rest. He
said the plat is a good plat and is morally and technically
correct. He asked if the vote is negative, what does the Council
propose to do with the land?
Mr. Miller explained that this request is for a major subdivision
and a variance for a cul -de -sac over 500 feet. He explained that
this preliminary plat was started some time ago. He also
explained the background and noted that it was known that it
would be a controversial issue. Mr. Miller said he has met with
all persons involved and has not been able to resolve all of the
issues. All through this process, not one agency involved with
the review has raised one single issue that could be a basis for
denying this plat.
Mr. Miller explained that currently another variance has been
requested and it is currently going through the DRB process.
This variance is for a private road and bridge to the preliminary
plat. Whether the bridge and road is public or private, it will
be constructed to City standards. The DRB has recommended
approval of the preliminary plat and the variance for the cul -de-
sac. Based on "pure hard facts" the preliminary plat and the
variance should be approved by the Council.
Mr. Hawkins explained that the City must take direction as it
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relates to the ordinances and the standards set out in the
ordinances have to apply. Politics and emotions play no part in
the Council's final decision. Mr. Hawkins explained that the
Council is familiar with the standards and are obliged to apply
the standards. He also noted that it is difficult to plat any
parcel of land without variances. He read the requirements for
granting a variance from the City Code. Mr. Hawkins noted that
private covenants do not have any bearing on the Council's
decision regarding the preliminary plat. Approvals from other
agencies are required.
Mr. Hawkins explained that the variance procedure obligates the
City to put in writing reasons for or against the variance
request. The reasons set out against a variance must leave a
landowner reasonable use of his property.
Council Member Bohjanen asked if the decision of whether the
street in Oak Brook Peninsula is private or public has a bearing
on the decision to approve the preliminary plat? Mr. Miller said
this will be before the DRB on the 10th of April but does not
have to be a factor in approving the preliminary plat.
Council Member Reinert asked if there appeared to be a conflict
between the DNR and RCWD regarding whether the channel crossing
should be a bridge or culvert. Mr. Miller explained that the
RCWD did not want the culvert. The DNR will allow the bridge if
that is what RCWD wants constructed over the channel. The permit
from the DNR for the bridge cannot be approved until the bridge
structure itself is designed. Council Member Reinert asked why
the City Code limits the length of cul -de -sacs. Mr. Miller
explained that he felt it was a historical accident. A
consultant was asked to put together an ordinance for cul -de -sacs
and he borrowed them from another community. Also this portion
of the City Code has been in existence for a long time. In the
past emergency vehicles were larger and harder to maneuver.
Today this is not the case. Also in the past, streets were
allowed with a narrower surface. Today the streets are wider, 32
feet, and there is less danger of the street being blocked.
Council Member Reinert asked what dangers if any does the City
face in allowing private streets? Mr. Hawkins said the streets
would be covered by an association similar to those in the Wenzel
Farms Town Homes subdivision. The agreements have to contain
adequate authority that will allow the streets and bridge to be
adequately maintained and the costs assessed to the affected home
owners.
Council Member Reinert asked who would be checking to see that
all bridge standards were adhered to? Mr. Boxrud explained that
there are certain requirements similar to public streets. Plans
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will be drawn, they will be checked to be sure the bridge will be
constructed to work as proposed and the construction will be
monitored by engineers.
Council Member Neal noted that Mr. Kern said that the developer
does not have a DNR permit. Mr. Miller explained that there is a
permit, however, it will have to be amended to allow for the
bridge rather than the culvert. He also noted that he and Mr.
Schumacher visited with Mr. Stein of the DNR and Mr. Stein said
that there would be no problem in issuing an amended permit.
Council Member Kuether moved to accept the preliminary plat of
Oak Brook Peninsula. Council Member Bohjanen seconded the
motion. On a roll call vote motion carried with Council Member
Reinert and Council Member Neal voting against the motion.
Council Member Bohjanen moved to approve the variance to the cul-
de -sac length and direct the staff to state the findings of fact
for the variance. Council Member Kuether seconded the motion.
On a roll call vote, motion carried with Council Member Reinert
and Council Member Neal voting no. (Findings of Fact are attached to
these minutes.)
ENGINEER'S REPORT
Resolution No. 31 - 91 Ordering Improvement of Pheasant Hills
Preserve - Mr. Boxrud explained that the developer of this plat
has all of his financing in place and wishes to have the plans
and specifications completed for the revised route. Council
Member Reinert moved to adopt Resolution No. 31 - 91 and dispense
with the reading. Council Member Bohjanen seconded the motion.
On a roll call vote, motion carried unanimously.
Resolution No. 31 - 91 can be found at the end of these minutes.
Resolution No. 32 - 91 Ordering Improvement, Wenzel Farms - Mr.
Boxrud asked that this item be tabled since the public hearing
was held this evening and ten (10) days must lapse between the
public hearing and the ordering of the improvement. Council
Member Reinert moved to table Resolution No. 32 - 91. Council
Member Bohjanen seconded the motion. Motion carried unanimously.
PUBLIC WORKS DIRECTOR'S REPORT
Consideration of an Arbor Day Proclamation - Mr. Schumacher
explained the purpose of the- - proclamation. Council Member
Reinert moved to approve the proclamation. Council Member
Kuether seconded the motion. Motion carried unanimously. The
Clerk read the proclamation.
SECOND READING, ORDINANCE NO. 01 - 91 REDUCING THE MEMBERSHIP OF
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THE PARK BOARD
The first reading of this ordinance was March 11, 1991. No
changes have been made to the ordinance since that date. Council
Member Kuether moved to approve the second reading of Ordinance
No. 01 - 91. Council Member Bohjanen seconded the motion. On a
roll call vote, motion carried with Council Member Neal voting
no.
Ordinance No. 01 - 91 can be found at the end of these minutes.
SECOND READING, ORDINANCE NO. 04 - 91 AND NO. 06 - 91 REZONING
THE TOWN HOMES OF WENZEL FARMS
Mr. Miller explained that the first reading of Ordinance No. 04 -
91 and No. 06 - 91 was held on March 11, 1991. No changes have
been made in either ordinance. Council Member Bohjanen moved to
approve the seconded reading of Ordinance No. 04 - 91 and
dispense with the reading. Council Member Neal seconded the
motion. On a roll call vote, motion carried with Council Member
Kuether abstaining.
Council Member Bohjanen moved to approve the second reading of
Ordinance No. 06 - 91 and dispense with the reading. Council
Member Neal seconded the motion. On a roll call vote, motion
carried with Council Member Kuether abstaining.
Ordinance No. 04 - 91 and 06 - 91 can be found at the end of
these minutes.
CONSIDERATION AND APPROVAL OF FINAL PLAT, WENZEL FARMS
Mr. Miller explained that the developer wishes to present the
final plat of the Wenzel Farm land west of Lake Drive and south
of Elm Street. The plat shows much of the area placed in outlots
for future final platting. Phase I will contain 20 town homes
and 63 single family homes.
Mr. Miller explained that park dedication requirements have not
yet been determined. The Park Board has recommended a one (1)
acre parcel and the developer is proposing a long narrow three
(3) acre parcel. Kirk Corson, representing the developer showed
the Council the area the developer is proposing for park
dedication. Mr. Corson said that the developer would like the
Council to consider the three (3) acres which is being proposed
for passive and tot lot use. There had been a third parcel for
park land suggested by the Park Board. Mr. Corson had checked
with the DNR and they would not issue permits for filling the
land needed for the park.
After further discussion on this matter, Council Member Bohjanen
PAGE 13
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COUNCIL MINUTES APRIL 8, 1991
moved to approve the final plat of Wenzel Farms with a one (1)
acre park as recommended by the Park Board contingent upon
completion of the development contract, payment of escrow
accounts, and payment of park dedication fees. Council Member
Neal seconded the motion. On a roll call vote, motion carried
with Council Member Kuether abstaining.
SECOND READING, ORDINANCE NO. 05 - 91 AMENDING THE CITY CODE BY
CHANGING THE PARK DEDICATION FEE
Mr. Schumacher explained that the current ordinance allows the
developer to donate up to 10% of the plat for park purposes or
$400.00 per lot. Lately most of the developers have been
preferring to donate cash in lieu of land. This allows the
developer to develop more lots which is financially more
advantageous to the developer. However, the City has determined
that $400.00 does not buy much in the line of park equipment and
has suggested that park dedication be raised to $600.00 per lot
as outlined in Ordinance No. 05 - 91. At the March 11, 1991
Council meeting, Council Member Kuether suggested that the
increase in park dedication be implemented in a step plan. Mayor
Bisel suggested that the park dedication fee be tied to the
increase in value of the land. This would eliminate the need to
revise the ordinance since fees would be escalating with the
value of the land.
DRB member Alan Robinson was in the audience and noted that the
current $400.00 dedication fee has been around for some time.
However, costs have increased.
Mr. Hawkins noted the method of determining park dedication in
Andover. After further discussion on this matter, Council Member
Kuether moved to table this item indefinitely and have the matter
brought back to the Park Board for further investigation.
Council Member Bohjanen seconded the motion. On a roll call
vote, motion carried unanimously.
SECOND READING, ORDINANCE NO. 07 - 91 AMENDING THE CABARET
ORDINANCE
Chief Campbell explained that this ordinance had its first
reading on March 11, 1991. The concern at that time was what
effect the amendment would have on churches and other non profit
organizations. The ordinance presented tonight has been changed
to exempt churches and other non- profit organizations. This
ordinance will only affect on -sale and off -sale liquor
establishments. It will allow the opportunity for an
establishment to apply for a special permit to conduct an event
outside of the building. This special permit will have
conditions attached to it. Since it is against state law to
PAGE 14
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COUNCIL MINUTES APRIL 8, 1991
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serve liquor outside of the building, this provision will remain
in the new ordinance.
Mayor Bisel and Council Member Kuether said they were concerned
about events near residential areas. They felt conditions would
have to be attached to the special event permit. Chief Campbell
said that by establishing a special event permit, a business is
for warned of conditions in advance. Mr. Hawkins explained that
Chief Campbell is looking to determine if the Council wants bars
to conduct events outside of their buildings and he is also
looking at having the Council issue licenses for these events
rather than the Clerk - Treasurer.
Council Member Reinert moved to refer this ordinance back to
Chief Campbell to put language in place reflecting what his
wishes are in a review process and bring it back to the Council.
Council Member Neal seconded the motion.
Al Robinson from the audience asked for clarification regarding
non - profit organizations selling liquor outside of the building.
It was noted that it is unlawful to sell liquor outside of the
building. However, non - profit and church groups have been issued
temporary beer licenses. This ordinance will not affect this and
non - profit and church groups will still be able to purchase
temporary beer licenses.
Mrs. Joyce Sharpen asked if it is permissible to have a block
party and serve liquor outside. It was explained that no one is
allowed to serve liquor on public property.
Voting on the motion, motion carried unanimously.
OLD BUSINESS
Mark and Darla Lowell Letter - Council Member Reinert asked that
a response to the letter received from Mark and Darla Lowell
regarding the 66th Street Improvement be prepared as soon as
possible. Mr. Schumacher explained that a meeting is scheduled
with Mr. Boxrud on Friday.
OLD BUSINESS
American Water Works Association (AWWA) Position Statement - Mr.
Schumacher that the legislature is considering Wetland
legislation in this session., The method of funding the
legislation could impact this City. Mr. Schumacher suggested
that a letter be written to our representatives explaining that
the City does not approve of the proposed funding. Council
Member Bohjanen moved that this letter be written to all
representatives. Council Member Reinert seconded the motion.
PAGE 15
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COUNCIL MINUTES APRIL 8, 1991
Motion carried unanimously.
REMINDER, Board of Review, Monday, April 15, 1991, 6:30 P.M.
Minor Subdivisions, Marlin Hanson - Mr. Miller reminded the
Council that they took action earlier this evening allowing a two
(2) parcel minor subdivision for Marlin Hanson. Later in the
evening the Council also approved the preliminary plat for Oak
Brook Peninsula. He asked if the Council wished to take action
to create a third parcel for the street to Oak Brook Peninsula.
The Council consensus was that this matter could be handled at
another time.
Council Member Kuether moved to adjourn at 10:08 P.M. Council
Member Neal seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular Council meeting held on April 22, 1991.
Marilyn G. Anderson,
Harold L. Bisel,
Clerk- Treasurer Mayor
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FINDINGS OF FACT
LONG CUL -DE -SAC, OAK BROOK PENINSULA
The City Council of Lino Lakes hereby finds that a variance
permitting a 1500 foot extension of the cul -de -sac known as Otter
Lake Drive is needed as:
1. The land known as Oak Brook Peninsula could not be put to
a reasonable use without extension of the road.
2. The site of the land is such that access from any other
point of highland are not possible because of wetland
impact.
3. No other reasonable use of the property exists other than
low density single - family residential development.
4. The land owner will be required to build to all city
standards and all improvements will meet city standards.
5. The extension of the street will permit the construction
of high value dwellings ($500,000 and up) and will not
devalue the neighborhood.
6. The development of the area will be consistent with the
city's comprehensive plan and will not include
development at lesser standards than outlined in the city
code.
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Council Member Reinert
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 31 — 91
RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR
UTILITY SERVICES FOR PHEASANT HILLS PRESERVE
WHEREAS: a resolution of the City Council adopted the 14th day of
May, 1990, fixed a date for a Council hearing on the
following described improvement:
PHEASANT HILLS PRESERVE
WHEREAS: published and mailed notice of the hearing as required by
the Lino Lakes City Charter was given and a hearing was
held thereon on the llth day of June, 1990, at which time
all persons desiring to be heard were given an
opportunity to be heard thereon,
WHEREAS: the improvement was ordered on August 13, 1990 and Dan
Boxrud , SEH was designated as the engineer for this
improvement and ordered to prepare plans and
specifications, and
WHEREAS: the scope of the improvement remains the same, however
Metropolitan Waste Control has denied usage of the
Centerville lift station for this improvement,
WHEREAS: the plan for sewer utilities has been revised allowing
for a connection at the Black Duck lift station,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The improvement is hereby ordered as proposed in Mr.
Boxrud's "green sheet" to the City Council dated April
3, 1991.
2. Dan Boxrud, SEH 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 8th day of April, 1991.
-6( (2-
Harold L. Bisel, Mayor
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RESOLUTION NO. 31 - 91
PAGE -2-
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Bohjanen and upon vote being taken
thereon, the following voted in favor thereof: Neal, Kuether, Bisel,
Reinert, Bohjanen.
The following voted against same: none.
Where upon said resolution was declared duly passed and adopted.
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090
Council Member introduced the following
Resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 32 - 91
RESOLUTION ORDERING IMPROVEMENT OF WENZEL FARMS
WHEREAS: a resolution of the City Council adopted the
llth day of March, 1991, fixed a date for a Council
hearing on the proposed improvement of Wenzel Farms,
WHEREAS: ten days' mailed notice and two week's published
notice of the hearing was given, and the hearing was
held thereon on the 8th of April, 1991, at which all
persons desiring to be heard were given an
opportunity to be heard thereon, and
WHEREAS: the petitioner for the improvement has petitioned
that fifty (50) of the sixty (60) days waiting
period required in Section 8.04, Subd. 1 of Chapter
8 of the Lino Lakes City Charter, be reduced to ten
(10) days.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES:
1. Such improvement is hereby ordered as proposed in the
Council resolution adopted the llth day of March, 1991.
Adopted by the Council this 8th day of April, 1991.
Harold L. Bisel, Mayor
Marilyn G. Anderson, Clerk- Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
Where upon said resolution was declared duly passed and
adopted.
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IMPROVEMENT PETITION
WE, THE UNDERSIGNED LINO LAKES PROPERTY OWNERS, 00 HEREBY PETI-
TION THE CITY OF LINO LAKES TO INSTALL SEWER AND WATER SERVICE FOR
THE PROPERTY LISTED BELOW IN ACCORDANCE WITH THE PROVISIONS OF
THE LINO LAKES CITY CHARTER AND CHAPTER 429 OF MINNESOTA STATUTES.
WE ALSO REQUEST THAT THE CITY OF LINO LAKES WAIVE FIFTY (50) OF THE
SIXTY (60) DAY WAITING PERIOD AS PROVIDED IN SECTION 8.06 OF THE LINO
LAKES CITY CHARTER.
PROPERTY
ADDRESS DESCRIPTION
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- 092
Council Member Kuether
moved its adoption:
introduced the following ordinance and
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 01 - 91
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY REDUCING THE
NUMBER OF MEMBER ON THE PARK BOARD FROM SEVEN (7) MEMBERS TO FIVE
(5) MEMBERS
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does hereby ordain:
I.
Appointment and Compensation of Members Section 211.05 of the Lino
Lakes city Coded is hereby amended to read as follows:
AMENDMENT: 211.05 APPOINTMENT AND COMPENSATION OF MEMBERS. The
commission shall consist of five (5) members
and they shall be appointed by a majority of
the Council and shall receive a quarterly
salary of $100.00 ($30.00 per meeting) with the
chair of the commission to receive an
additional $20.00 consistent with the
mayor /council relationship.
II.
Save as above amended, said City Code 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 Council of the City of Lino Lakes this 8th
April , 1991.
day of
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ORDINANCE NO. 01 - 91
Page -2-
Harold L. Bisel, Mayor
Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Bohjanen and upon vote being taken
thereon, the following voted in favor: Kuether, Bisel, Reinert, Bohjanen.
The following voted against same: Neal.
Whereupon the ordinance was declared duly passed and adopted.
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Council Member Bohjanen
adoption:
introduced the following ordinance and moved its
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 04 -91
AN ORDINANCE AMENDING ORDINANCE NO. OF THE CITY OF LINO LAKES BY
REZONING CERTAIN REAL ESTATE TO R -3 MEDIUM DENSITY.
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 (R-
1) to Medium Density (R -3), pursuant to the provisions of the Zoning Ordinance of the
City of Lino Lakes, the following described real estate:
The legal description is attached.
11.
Save as above amended, said Ordinance No. 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 8th day of April 1991.
Harold L. Bisel, Mayor
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Maily • 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, Bisel, Reinert, Bohjanen.
The following voted against same: None, Council Member Kuether abstained.
Whereupon the ordinance was declared duly passed and adopted.
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LEGAL DESCRIPTION FOR RE- ZONING OF WENZEL FARMS
All that part of Lots 26 and 27, Auditor's Subdivision No. 151
and that part of Government Lot 2, Section 20, Township 31,
Range 22 West, Anoka County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 26; thence
South 0 degrees 18 minutes 08 seconds West, assumed bearing
along the east line of said Lot 26 a distance of 209.23 feet
to the point of beginning of the land to be described;
thence South 29 degrees 39 minutes 20 seconds West 43.79
feet; thence South 0 degrees 15 minutes West 104.93 feet;
thence South 40 degrees 55 minutes West 206.95 feet; thence
North 86 degrees 10 minutes West 174.08 feet; thence
North 51 degrees 18 minutes 06 seconds West 139.56 feet;
thence South 09 degrees 45 minutes West 243.34 feet; thence
South 0 degrees 59 minutes 56 seconds West 80.37 feet;
thence South 0 degrees 15 minutes West 452.13 feet; thence
South 21 degrees West 108.28 feet; thence South 60 degrees West
127.37 feet; thence South 22 degrees West 105.13 feet; thence
South 01 degree 30 minutes East 497.15 feet; thence South
29 degrees 57 minutes 02 seconds West 295.71 feet; thence
South 69 degrees 34 minutes 41 seconds West 409.32 feet;
thence North 89 degrees 45 minutes West 153.75 feet to the
west line of said Lot 27; thence South 0 degrees 15 minutes
West along the west line of said Lot 27 a distance of 308.11
feet to the southwest corner of said Lot 27; thence North
89 degrees 46 minutes 02 seconds East along the south line
of said Lot 27 a distance of 611.11 feet to the westerly
right of way line of State Highway No. 49; thence north-
westerly 736.17 feet along a non - tangential curve concave
to the west having a radius of 2824.97 feet and a central
angle of 14 degrees 55 minutes 51 seconds, the chord of
said curve bears North 25 degrees 25 minutes 56 seconds East;
thence North 17 degrees 58 minutes 00 seconds East tangent
with said curve 1619.80 feet; thence along a tangential
curve to the right having a radius of 2904.22 feet to the
intersection with a line which bears South 89 degrees
29 minutes 07 seconds East from the point of beginning;
thence North 89 degrees 29 minutes 07 seconds West 165.14
feet to the point of beginning and there terminating.
March 5, 1991
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Council Member Bohjanen introduced the following ordinance
and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTS
ORDINANCE NO. 06 -91
AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO LAKES BY
REZONING CERTAIN REAL ESTATE TO PLANNED UNIT DEVELOPMENT (PUD),
WENZEL FARMS.
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 Medium Density (R -3) to Planned Unit
Development (PUD), pursuant to the provisions of the Zoning
Ordinance of the City of Lino Lakes, the following described real
estate:
The legal description is attached.
II.
Save as above amended, said Ordinance No. 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 8th
day of April , 1991.
(i2c -2/W ')-\_,
yn'/Anderson, Clerk - Treasurer
Harold L. Bisel, Mayor
The motion for the adoption of the foregoing ordinance was duly
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098
seconded by Council Member Neal and upon vote being
taken thereon, the following voted in favor: Neal, Bisel, Reinert,
Bohjanen.
The following voted against same: None, Council Member Kuether abstained.
Where upon the ordinance was declared duly passed and adopted.
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LEGAL DESCRIPTION FOR RE- ZONING OF WENZEL FARMS
All that part of Lots 26 and 27, Auditor's Subdivision No. 151
and that part of Government Lot 2, Section 20, Township 31,
Range 22 West, Anoka County, Minnesota described as follows:
Commencing at the northeast corner of said Lot 26; thence
South 0 degrees 18 minutes 08 seconds West, assumed bearing
along the east line of said Lot 26 a distance of 209.23 feet
to the point of beginning of the land to be described;
thence South 29 degrees 39 minutes 20 seconds West 43.79
feet; thence South 0 degrees 15 minutes West 104.93 feet;
thence South 40 degrees 55 minutes West 206.95 feet; thence
North 86 degrees 10 minutes West 174.08 feet; thence
North 51 degrees 18 minutes 06 seconds West 139.56 feet;
thence South 09 degrees 45 minutes West 243.34 feet; thence
South 0 degrees 59 minutes 56 seconds West 80.37 feet;
thence South 0 degrees 15 minutes West 452.13 feet; thence
South 21 degrees West 108.28 feet; thence South 60 degrees West
127.37 feet; thence South 22 degrees West 105.13 feet; thence
South 01 degree 30 minutes East 497.15 feet; thence South
29 degrees 57 minutes 02 seconds West 295.71 feet; thence
South 69 degrees 34 minutes 41 seconds West 409.32 feet;
thence North 89 degrees 45 minutes West 153.75 feet to the
west line of said Lot 27; thence South 0 degrees 15 minutes
West along the west line of said Lot 27 a distance of 308.11
feet to the southwest corner of said Lot 27; thence North
89 degrees 46 minutes 02 seconds East along the south line
of said Lot 27 a distance of 611.11 feet to the westerly
right of way line of State Highway No. 49; thence north-
westerly 736.17 feet along a non- tangential curve concave
to the west having a radius of 2824.97 feet and a central
angle of 14 degrees 55 minutes 51 seconds, the chord of
said curve bears North 25 degrees 25 minutes 56 seconds East;
thence North 17 degrees 58 minutes 00 seconds East tangent
with said curve 1619.80 feet; thence along a tangential
curve to the right having a radius of 2904.22 feet to the
intersection with a line which bears South 89 degrees
29 minutes 07 seconds East from the point of beginning;
thence North 89 degrees 29 minutes 07 seconds West 165.14
feet to the point of beginning and there terminating.
March 5, 1991