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HomeMy WebLinkAbout04/08/1991 Council Minutes1 1 1 ILO - 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. PAGE 1 - 072 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 2 1 1 1 1 1 1 - 073 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 3 074 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 4 1 1 1 1 1 1 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 5 075 076 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 6 1 1 1 1 1 1 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 7 077 078. COUNCIL MINUTES APRIL 8, 1991 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 PAGE 8 1 1 1 1 1 1 - 079 COUNCIL MINUTES APRIL 8, 1991 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. PAGE 9 080 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 10 1 1 1 1 1 1 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 11 081 082 COUNCIL MINUTES APRIL 8, 1991 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 PAGE 12 1 1 1 1 1 COUNCIL MINUTES APRIL 8, 1991 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 13 083 084 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 1 1 1 1 1 1 COUNCIL MINUTES APRIL 8, 1991 • 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 15 085 086 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 PAGE 16 1 1 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. 087 088 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 1 1 1 1 1 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. 089 090 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. 1 1 1 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 4 P '2 to ,�..1 s /, x'41 091 Post-It' brand fax transmittal memo 7671 eXeiTo vitimirimare Phone 7r,- 3/31% From * of pages ■ /, Dept. Fare `/f� / '-, s (J Fax N • - 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 1 1 1 1 1 1 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. 093 094 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 1 1 1 1 1 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. 095 096 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 1 1 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 O97 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. 1 099. 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