HomeMy WebLinkAbout04/27/1992 Council Minutes1
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COUNCIL MEETING APRIL 27, 1992
CITY OF LINO LAKES
COUNCIL MINUTES
DATE : April 27, 1992
TIME STARTED : 6:32 P.M.
TIME ENDED : 8:10 F.M
MEMBERS PRESENT: Reinert, Neal, ; Kuether, Elliott, Bergeson
MEMBERS ABSENT None
Staff Members present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Administrative Assistant, Dan Tesch
and Clerk - Treasurer Marilyn Anderson.
The following items were added to the agenda:
Regular Agenda No. 1C,
comments following the Moratorium Update.
Council Member Bergeson asked to make
- Regular Agenda No. 9G, Council Member Kuether asked that
Police Station Remodeling be added under Old Business.
- Regular Agenda No. 9E, Council Member Neal asked why this
was not covered under the Consent Agenda. Mrs. Anderson
explained that Council Member Bergeson did not attend the
meetings referenced in these minutes and will be required to
abstain from voting. Normally the Consent Agenda is
approved with a unanimous vote.
- Regular Agenda No. 6C, Mr. Tesch asked that Ordinance No.
07 - 92 be added.
- Regular Agenda No. 6D, Mr. Tesch noted that Mr. Hawkins will
be giving a brief update regarding a possible pornographic
moratorium ordinance.
- Regular Agenda No. 9F, Mr. Tesch asked that the Council
consider a proposal for an assistant for the Building
Official.
CONSENT AGENDA
Council Member Kuether moved to approve the consent agenda.
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Council Member Neal seconded the motion. Council Member Bergeson
asked about the large expenditure on Page 2 of the Disbursements.
Mr. Tesch explained that was a payment to Pitt- Demoines the
company constructing the water tower. Motion carried with
Council Member Kuether abstaining.
ITEM DISPOSITION
MINUTES: April 13, 1992 Approved
DISBURSEMENTS: April 27, 1992 Approved
Centennial Fire Department Approved
REGULAR AGENDA
OPEN MIKE
Esther Newcome, Metropolitan Council Representative - Ms. Newcome
is unable to attend this evening and will be scheduled for a
Council meeting in May.
Moratorium Update - Mayor Reinert explained that at the first
Council meeting of this year a moratorium was approved relative
to residential development in this City. He said this will be a
mid -term report on the moratorium and a more complete report will
be given in July. Mayor Reinert noted that some people were
pleased with the moratorium and some people were not. He
explained that during this period it was planned to "take stock"
of the situation in the City not necessarily to oppose or slow
down residential development but rather to take a look at where
the City was going with residential development. A number of
items need to be addressed. One item was the re- organization of
the Planning and Zoning Board and how matters were to come before
the Council. Mayor Reinert noted that previously the City had a
five (5) member board called the Design Review Board. The name
of the board was changed to reflect what that body does and was
changed back to the Planning and Zoning Board. In addition
membership was changed back to seven (7) members. It was felt
that this would allow greater public input and allow more people
to serve, especially during a time when the City was undergoing a
great deal of development. A large number of qualified
applicants did apply for membership on this board and seven (7)
were choosen and the new board is now in operation. The Council
has approved a revised Zoning Code which does codify many
existing ordinances and clarifies language and procedures.
Following this there will be some items addressed and these will
relate specifically to this item and how it relates to the City.
Mayor Reinert explained one item looked at was the inventory of
residential lots. Presently the staff is reviewing the current
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land use with the current housing and the developments that are
taking place. Based on this, it is hoped by the end of the
moratorium to develop projects in terms of proper land use and
take a look at housing growth as it affects the City in the
future. Vacant land in all zones is being viewed and quantified.
Mayor Reinert noted that the moratorium has allowed the City to
evaluate certain housing stock and various types of housing.
There will be more on this as well.
Mayor Reinert said that the development procedure was not the
smoothest in terms of bringing items to the Council and then on
to the developers and allowing them to function in the City. He
noted that the staff is developing a process to evaluate a
development and its impact on the community in the following
areas; 1) the financial impact to the City in terms of taxes and
revenues and in terms of needs, 2) impact of infrastructure, 3)
impact on the educational facilities. Mayor Reinert also noted
that the Council has extended the period of input from the public
if necessary. Public hearings are continued until the next
Council meeting if necessary to allow for additional input. Land
use hearings have been moved to the Planning and Zoning Board.
Public hearings that involve public money are held before the
City Council. This should make these items more accessible to
the public and the public should feel more comfortable before the
Planning and Zoning Board than before the City Council.
Mayor Reinert explained that the staff is developing a
comprehensive development check list to be completed as the
development moves through the various stages so that the proposed
development does not come before the City Council and then has to
be sent back to the Planning and Zoning Board for some other
information. When the check list is complete, any item coming
before the City Council can be acted on and and approved so the
developer can go forward and develop in the City. The staff is
updating standard development contracts and these will be
directly administered by the staff. All financial requirements
will be incorporated into one (1) development contract. This
should eliminate frustration on the part of the developer because
he will not have to be moved from department to department but
will look at one (1) coordinated contract. Mayor Reinert noted
that there probably will be stricter development guidelines and
probably the guidelines will be more strictly enforced. He noted
that development contracts and all financial guarantees must be
in place prior to any construction. There may have been
exceptions to the rules in the past. Mayor Reinert felt that
when the developers look at the new guidelines they will feel
that they are stricter. However, if they really look at them
they will see that they are easier to understand and follow.
Mayor Reinert explained another development requirement will be
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that consultants will have to prepare budgets before any work can
be authorized on the plats. Also final plats cannot be presented
to the City Council until all contracts and guarantees are in
place. Staff will also be required to prepare monthly status
reports on all escrow accounts. In the past, developers have
been hit with certain bills and wondered where the accumulation
has come from during the past two (2) three (3) months. An
accounting procedure is being developed so that every month
developers will know exactly what is left in their escrow
accounts and where money has been paid.
Mayor Reinert again said that these are areas presently being
addressed and at the end of the six (6) month moratorium period
it is hoped that all of these procedures will be fully in place
and will be more organized in the development procedure.
Mayor Reinert also explained that at the time the moratorium was
enacted, he had said that there would be more information
regarding economic development in the City. He noted that the
Council has moved very expediently in putting economic
development in place. An Economic Development Authority Advisory
Board has been organized consisting of private citizens with
backgrounds in commercial and industrial development and private
commercial developers. This Board held its first meeting April
23, 1992. The Council is looking for more of a focus in
commercial and industrial development in the City rather than a
broad prospective in terms of where we might be going rather than
where we should be going. The City took a bold move and acquired
the Schilling Industrial Park to further facilitate this effort
in economic development. It is felt that this move has
stimulated some of the private landowners to come forward to work
cooperatively with the City and the private developers.
Mayor Reinert explained that plans are being prepared for the
construction of Apollo Drive which will be the main thoroughfare
of the industrial park. This street will open up the new
commercial center. Several items still must be addressed with
the adjoining residential property owners. They are well aware
that a street will be constructed to open the area for better
development.
Mayor Reinert said goals and directions have been established for
the Lino Lakes Economic Development Authority which is also the
City Council. In the area of communications, Council liaisons
have been appointed for each major department of the City. It is
hoped that this will establish a better line of communications
with the City employees. In addition, the City Council holds
regular work sessions the Wednesday prior to the Council meeting
to allow the Council Members to get fully involved in discussions
regarding matters that are facing the City. This forum allows
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the public to come before the City Council in a more relaxed
atmosphere. Mayor Reinert felt that the press will agree with
this procedure as well since it will allow them to gather
additional information for a better understanding of what is
going on in the City. The City staff meets bi- monthly to discuss
the directions given by the City Council.
Mayor Reinert explained another large area under consideration
during the moratorium is evaluation of the Comprehensive Land Use
Plan, assessment policy and other such plans. He noted that the
Comprehensive Park Plan has just been completed which will be put
in place in conjunction with plats as they are approved. The
consultant employed to help develop the Comprehensive Park Plan
said he truly enjoyed working on the Plan for Lino Lakes because
there were open areas to work with and did not have to work
around houses and other structures that were already in place.
The consultant said Lino Lakes has a lot of unique assets and
residents should be proud and allow the trail system and parks to
be developed in conjunction with developments. The assessment
policy is in the process of being reviewed to be sure that
maximum collections are taking place. The City also moved into a
position of finalizing a surface water management program. Mayor
Reinert said in his opinion this was long overdue because of the
wetlands and open bodies of water in this City as well as the
problems incurred from runoff from developments. The City is
preparing to initiate a computerized pavement management system
to better maintain City streets. The Metropolitan Waste Control
Commission is preparing a Lino Lakes /Centerville sewer
interceptor study which will analyze future capacity and has
given Lino Lakes "high marks" during the recent inflow and
infiltration analysis of the system. The City is also in the
processing of working more closely with the Rice Creek Watershed
District in an attempt to resolve many of the drainage problems
in the City. With the addition of the water tower which is
becoming a landmark, the City will have an independent water
system of its own. The City is presently reviewing the status of
the Comprehensive Plan and map and there will be more on this in
the immediate future.
Mayor Reinert addressed the City Charter and explained that an
overall review of the City Charter is being conducted to be sure
that all procedures and practices are current with state
statutes. He said he hoped to establish a stronger working
relationship between the City Council and the Charter Commission.
The Community Service Officer's duties have been expanded to
include working with a senior watch program to assist seniors who
are sole occupants in their own home. An expanded report on this
new service will be given during a July Council meeting. The
Council is presently looking at and working with a developer for
the construction of approximately 70 to 90 senior housing units.
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More on this will be given in July.
Mayor Reinert addressed some miscellaneous issues. He noted that
in an effort to deal with space and financial constraints, the
City has remodeled one (1) building and is in the process of
remodeling another of its public buildings. He explained that
the space at city hall was very cramped. The Police Department
has been moved to the former fire station on Lake Drive and this
has released space at city hall which is being remodeled for
other City staff. Due to the state financial "crunch ", the City
is evaluating revenues and expenditures and developing other
means to cope with shrinking revenues. Most people are aware the
state has transferred any of its financial responsibilities to
the City level and the City has had to pick up some of the costs
of mandates and other such costs. In addition, the City has had
to deal with the loss of some of its Local Government Aid (LGA).
This must be addressed and well as the possibility of the
situation becoming worse in the next year.
Mayor Reinert noted that the City is again sponsoring a spring
clean up day. The City also recently celebrated Earth Day, 1992.
He expressed pleasure regarding the Common Ground meeting with
adjoining communities to explore areas where shared services
would be of benefit to each community. Another Common Ground
meeting is scheduled for April 29, 1992 and participants have
been asked to identify areas where services can be shared. Mayor
Reinert noted that the City Recreation Department is in full
operation and also noted the recent brochure mailed to all
residents highlighting all the recreation programs. It appears
to be widely received and used.
Mayor Reinert said he will have further reports regarding lifting
the moratorium the first part of July, 1992.
Council Member Bergeson explained that he was not on the Council
at the time the moratorium was enacted and also he was not in
favor of the moratorium. He asked to give a brief "minority"
report about this issue and to share some of his observations.
Council Member Bergeson said that the item on the agenda is
"Moratorium Update ". He said that the Mayor has just presented a
list of accomplishments by the City Council and staff. Many of
the items deserve recognition and accommodation, however, he
noted that most of them have little to do with the moratorium.
Council Member Bergeson noted such examples as spring clean up
day, city hall remodeling, senior watch program and explained
that they were all commendable items but really not part of the
moratorium and in fact many of the items actually predate the
moratorium in some way. Some of those items that do not predate
the moratorium do not relate to the moratorium. Council Member
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Bergeson said he does acknowledge that six (6) or seven (7)
procedures have been put in place to improve the approval process
of residential development. However, in his opinion, there is
only one (1) item on the list that significantly addresses the
moratorium issue and it is the procedure that says, "the City is
working to develop a process by which the City can evaluate a
development and its impact on the community in the following
areas; financial, infrastructure and education ". He said he felt
that is the type of thing that the City should be doing during
this moratorium and unfortunately to date he has not seen much
substance applied to that concept. He said he was happy to see
this on the list.
Council Member Bergeson explained that in July, 1991 the City of
Lakeville enacted a moratorium on residential development. He
noted that was a reaction to a building boom that was much more
intensive that what was being experienced in Lino Lakes. Their
housing starts were about 700 a year and they also had a backlog
of about seven (7) years supply of platted lots throughout the
City. Council Member Bergeson explained that the City of
Lakeville approached their moratorium in a very focused way.
They hired two (2) consultants from the Humphrey Institute who
spent the first six (6) weeks of the moratorium developing a
fiscal impact analysis which quantified the impact of various
types of development. They choose 16 representative areas of the
City and compared the revenue generated by each area with the
cost of city services provided to that area. The analysis was
very sophisticated and not the thing that can be easily done "in
house ". When the analysis was completed the City of Lakeville
know the impact of all the various types of development. After
completion of the fiscal impact analysis, the City of Lakeville
appointed a 21 member task force of the brightest and best people
they could find including a bank president, CEO and the
superintendents of the three (3) schools districts. The task
force has met every two (2) weeks since January and have heard
presentations from a wide range of experts on growth. Council
Member Bergeson explained that from now until July they will use
this data to develop guidelines for future developments. He said
the point of mentioning all of this about Lakeville is that in
his opinion, "I do not think Lino Lakes has done what should be
done during the moratorium if the moratorium is to be in place ".
Council Member Bergeson said that the City Council should commit
the resources to do significant analysis of Lino Lakes status or
end the moratorium. He noted that other cities that have imposed
moratoriums and have not taken decisive steps to understand where
they were have become involved in legal actions and in some cases
have even lost in court. Council Member Bergeson made one (1)
final point regarding commercial development. He said everyone
agrees that Lino Lakes needs some commercial development,
however, he expressed concern about the negative image the
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moratorium puts on the community in terms of development.
Council Member Bergeson explained that banks and commercial
developers are well aware of the present moratorium. He said
that as Lino Lakes prepares to promote the City we will need the
support of these people and he said he feared that the moratorium
could have a negative impact on the ability to promote the City.
Council Member Kuether said that a couple weeks she represented
this City at an economic development seminar at the Convention
Center in Minneapolis. She had talked to almost every planner or
economic development person at this meeting including the Port
Authority of St. Paul. Council Member Kuether explained that she
had a lengthy conversation with the planner at Woodbury. She
felt the Woodbury area seemed to be the most closely tied to the
Lino Lakes situation. Council Member Kuether noted that a few
years ago Woodbury had a population of about 10,000. At that
time that city was very actively seeking economic development
just like Lino Lakes is currently doing. They hired consultants
and found that they only way they were going to get economic
development was to increase the population. She was told that a
population of about 20,000 was needed to get the economic
development interest in that community. Council Member Kuether
said that Woodbury "shifted gears" and quit working on the
economic development and concentrated on the residential
development to get this in place to lure the economic developers.
She also talked to as many people as possible at the seminar
regarding the moratorium and all said it was ridiculous that a
city that builds 200 homes a year would impose a moratorium. It
is sending a negative image and that this City is not open for
business. Council Member Kuether said her fear is that now we
have an economic development group in place and saying go out and
look for business, however we are sending them out in handcuffs.
If they are sent out to do a job and we already know that the
retail and fast food establishments need people, we are not being
fair to them or to the existing businesses by putting a
moratorium on new people coming into the City.
Council Member Elliott said that as far as she is concern the
entire list as far as what is accomplished during the moratorium
is related to the moratorium. She noted a problem for the staff
prior to the moratorium was that they were running at break neck
speed trying get their every day work done plus the development
issues without all the guidelines being in place. Council Member
Elliott felt that the moratorium has given the staff time to
catch up. She noted that residential development and work on
plats have not been stopped. Council Member Elliott said that
she did not think that in the next three (3) months no
opportunities for business would be destroyed. She noted that
the first true economic development group now organized is the
first this City has ever had. She said she felt this was a major
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step. Council Member Elliott felt that the cost to pursue
consultant input such as Lakeville did would be astronomical and
not justified because the Council has never let the City get that
far out of control. She said the moratorium provides a good step
backward so that the Council can evaluate what was going on so
the Council can proceed in a more organized fashion.
Council Member Neal said that before January 1, 1992 the City was
screwed up bad. He noted that Council Member Bergeson was not on
the Council and not aware of what was really going on. Council
Member Neal said he is satisfied with the moratorium because the
staff could not keep up with the work.
Mayor Reinert asked what the cost of the Lakeville study was?
Council Member Bergeson said he did not know but would like to
find out. Mayor Reinert said the cost was probably astronomical.
Council Member Kuether said the Council has to decide what are
the priorities for this City. She said that if this many items
have been accomplished in four (4) months this is the time to
lift the moratorium especially with the economic development
going into place. Council Member Kuether said that the Council
needs to give the Economic Development Authority Advisory
Committee some tools to sell the City.
Mayor Reinert said that he did not intend to debate the issue
this evening. He noted that the moratorium is in place and put
there by a majority of the City Council. He asked that all the
Council Members respect the moratorium and expressed appreciation
for the minority report.
PLANNING AND ZONING BOARD REPORT
Minor Subdivision, Lot 4, Block 4, Ulmer's Rice Lake Addition -
Mr. Schneider explained that a request has been received to
subdivide a 11,065 square foot parcel of land from a two plus
(2 +) acre lot within the Ulmer's Rice Lake Addition. The
property lies south of Ulmer Drive and east of Second Avenue.
The property is zoned R -1, Single Family Residential.
One (1) of the recommendations of the Planning and Zoning Board
based upon the advise of Mr. Schneider was that there be a
requirement for Outlot B (the remnant parcel with the existing
home) to connect to utilities within two (2) years or sooner if
the on -site systems fail prior to that time. Since the Planning
and Zoning Board meeting, the City Staff has further reviewed
this matter and the City Ordinances and found that in some
respects the City Ordinances are more stringent than the Planning
and Zoning Board recommendation (i.e the present Ordinance No.
402.02 requires a hookup to existing sewer within one (1) year of
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availability). The present ordinance has not been enforced,
therefore, it is the staff recommendation that the present
ordinance be changed to eliminate the one (1) year hook -up
provision which would be difficult to enforce at this time. The
staff would also recommend that a provision be added indicating
that a connection to utilities is required when an existing on-
site system failed. The City Attorney is working on this change
for consideration by the City Council later this evening.
A certificate of survey was included with the Council packet
which shows that the existing home on Parcel B meets setback
requirements, thereby satisfying Planning and Zoning Board Item
No. 5. The Planning and Zoning Board recommended approval of the
minor subdivision with the following provisions:
A. Parcel A (the new lot) hook up to utilities.
B. Utility and drainage easements be provided along all
property lines of Parcel B.
C. The proposed minor subdivision is subject to park dedication
fee of $500.00 as stipulated by the Zoning Ordinance.
D. Any future dwelling which is to lie upon Parcel A (the new
lot) meet minimum floor area requirements as stipulated
within Section 6, Subd. 5.(4) of the Zoning Ordinance.
E. Grading and drainage be adequately accommodated on the site.
F. Any future subdivision of the site is not recommended by the
staff.
Council Member Elliott moved to approve the minor subdivision
with the conditions stipulated by the Planning and Zoning Board.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Site and Building Plan Review, Greenhouse Addition, B. Soderman,
DBA Rock Gardens, 6074 Hodgson Road - Mr. Schneider explained
that Mr. Soderman, on behalf of Rock Gardens Lawn and
Landscaping, is requesting a site and building plan approval to
expand his existing business located north of Ash Street and east
of Hodgson Road. Specifically, the applicant wishes to construct
a new 1,560 square foot greenhouse and expand the tree storage
areas. The subject 4.7 acres is zoned General Business (GB).
The Planning and Zoning Board recommended approval of the request
subject to the following recommendations:
1. Parking spaces shall be set aside for future use.
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2. All exterior storage of landscaping equipment (excluding
trees) be properly screened in accordance with the City's
Zoning Ordinance.
3. If new signage is to be provided in conjunction with the new
greenhouse, the applicant must submit signage plans
identifying location, type and size of all signs on the
property.
4. All exterior lighting be hooded and directed so as the
source is deflected away from the adjacent right -of -way.
Mr. Schneider also noted that many positive comments have been
received regarding the improvement in the condition of the
property since it was acquired by Mr. Soderman.
Council Member Bergeson moved to approve the site and building
plan for Rock Gardens Lawn and Landscaping Supplies, Brian
Soderman, subject to the recommendations from the Planning and
Zoning Board. Council Member Neal seconded the motion. Motion
carried unanimously.
Conditional Use Permit Amendment, Fina Station, 7509 Lake Drive,
(Public Hearing Set for May 11, 1992, 6:45 P.M.) - Mr. Schneider
explained that this is for informational purposes only. Council
Member Kuether noted that she had talked to the manager of Fina
and was told that the business will be closed starting July, 1992
until the rebuilding is completed. She was also told that a
restaurant is not planned for the new building because there are
not enough people to support the restaurant. Mayor Reinert said
that he understood that lack of municipal utilities was the major
reason for the decision not to build a restaurant.
Minor Subdivision, Re -align Lot Lines, Splettstoeszer,
Blastervold, 7772 Lake Drive and 7774 Lake Drive - Mr. Schneider
explained that Ms. Bernice Blastervold has submitted a request to
resubdivide two (2) single family lots at 7772 and 7774 Lake
Drive. The resubdivision is essentially a boundary line
adjustment intended to rectify a non - conforming setback
situation. The subject property is located south of Oak Lane and
east of Lake Drive and is currently zoned Suburban Residential
(SR)
The Planning and Zoning Board recommended approval of the
resubdivision.
Council Member Elliott moved to approve the minor subdivision.
Council Member Neal seconded the motion. Motion carried
unanimously.
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Site and Building Plan Review, Anoka County Parks Nature Center
Building - Mr. Schneider explained that Mr. David Torkildson, on
behalf of the Anoka County Parks Department, has requested a site
plan approval for a 10,640+ square foot nature interpretive
center to be located north of George Watch Lake within the Rice
Creek Chain of Lakes Park Reserve.
Mr. Schneider noted that according to the Anoka County Parks
Planner, the interpretive center will include naturalist programs
for children, naturalist displays as well as cross country skiing
activities in the winter months. The Rice Creek Chain of Lake
Park Reserve is zoned Public Semi - Public (PSP). The Fire Chief
has reviewed the plans and has made some suggestions that have
been incorporated into the plans including revising the parking
area to provide access to emergency vehicles.
The Planning and Zoning Board recommended approval subject to the
following conditions:
1. The site grading plat is revised to illustrate the ordinance
high water mark (OHWM) of George Watch Lake (886) to provide
an assurance that the proposed structure meets the 200 foot
shoreland setback requirement.
2. The site plan is modified to illustrate septic tank, drain
field, and well locations to provide an assurance that they
meet applicable shoreland setback requirements.
3. The parking lot design, which is apparently being revised,
is subject to City approval.
4. Consideration is given to paving the interpretive center's
access drive.
5. Revised parking arrangements as suggested by Fire Chief to
provide for emergency vehicle access.
Council Member Kuether moved to approve the site and building
plan for the Nature Interpretive Center within the Rice Lake
Chain of Lakes Park Reserve subject to the Planning and Zoning
Boards conditions. Council Member Elliott seconded the motion.
Council Member Bergeson noted that a number of meeting rooms are
planned for this building. He said he hoped that the County
would make these rooms available to the public and asked Mr.
Schneider to inquire to determine if they will be available. It
was noted that there are some meeting rooms at the Chomonix Golf
Club which are available subject to prior commitments.
Voting on the motion, motion carried unanimously.
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ENGINEER'S REPORT, DARRELL SCHNEIDER
Consideration of Accepting Bids for Controls and Telemetry System
for the Water System - Mr. Schneider explained that bids were
received on April 9, 1992 and were initially report to the City
Council on April 13, 1992. At that time consideration of the
bids was extended to April 27, 1992 due to the complexity of the
submittal.
A copy of the tabulation of the bids was included in the Council
packets. Mr. Schneider requested that consideration of the bids
again be extended to the May 11, 1992 City Council meeting to
allow further analysis of the complex bids. The consensus of the
Council was that this matter will be placed on the May 11, 1992
agenda.
Resolution No. 92 - 52 Approving Plans and Specifications for
Utility and Street Improvements for Wenzel Farms, Third
Addition - Mr. Schneider explained that plans and specifications
for Wenzel Farms, Third Addition utility and street improvements
have been completed. The permits for the project have been
applied for. The plans and specifications were prepared assuming
the project would be put out for bids. However, the estimated
quantities indicated that the project may be small enough to be
done as a change order to the current Wenzel Farms project
without violating the State Statutes for assessable improvements.
This was verified after reviewing the bid unit prices of C. W.
Houle, Inc., the contractor for the Wenzel Farms project. C. W.
Houle, Inc. has been contacted and is willing to complete the
Third Addition project as a change order to their original
contract. Eliminating the bidding process for this project would
reduce costs to all involved and allow the project to be
completed sooner. Mr. Schneider requested that the City Council
approve the plans and specifications with the understanding that
a change order for Wenzel Farms will be prepared for the next
regular Council meeting which would increase the quantities to
include Wenzel Farms, Third Addition.
Council Member Bergeson noted that Wenzel Farms does not appear
to be included in the exceptions list of the moratorium and asked
if the Council should be considering this improvement at this
time. Mr. Schneider explained that the preliminary plat was
approved prior to the moratorium and Mr. Hawkins explained that
the moratorium included a general statement that said all
approved preliminary plats would be moved forward. Mayor Reinert
noted that the moratorium was not intended to stop anything that
was already in place. Council Member Bergeson said that he
wanted to be sure that the Council was acting legally on this
matter.
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Council member Neal moved to approve Resolution No. 92 - 52.
Council Member Elliott seconded the motion. The motion carried
with Council Member Kuether abstaining.
Resolution No. 92 - 52 can be found at the end of these minutes.
SET PUBLIC HEARING TO AMEND TIF DISTRICT 1 - 4 FOR JUNE 22, 1992,
6:45 P.M.
Mr. Tesch explained that this district is currently an Economic
Development TIF District. The City Council has until July 26,
1992 to change this district from the present designation. If
the designation is not changed by then, the district will remain
an Economic Development District for the next six (6) years.
Mr. Tesch noted that at the April 22, 1992 Council Work Session,
Mr. Roger Derrick presented a proposal for senior housing for
this particular district. The City Council did express
preliminary approval of the concept and asked Mr. Derrick to
present additional information. If the City Council decides to
approve senior housing for this TIF district, the designation
must be changed to a Housing District. The City Council will
have to act on this matter prior to the July 26, 1992 deadline.
Council Member Kuether asked why the Council would change the
district at this time when the Council is not sure that senior
housing will be constructed in this district? Mr. Tesch
explained that the district is not a good location for the
Economic Development District. He further noted that if the
current senior housing proposal fails, it is likely that some
other type of housing will be constructed in the district. Since
this is the probability and the time for changing the TIF
designation will expire July 26, 1992, the public hearing is
being set at this time so that the Council does not loose the
opportunity to change the TIF district designation if they so
desire. Mayor Reinert asked if Council Member Kuether was
suggesting keeping the current designation and possibility
loosing the district entirely. Council Member Kuether noted that
this particular TIF district could be moved to another location.
She said that she is worried that TIF money would be used when it
was not necessary. Both Mayor Reinert and Council Member Kuether
agreed that this particular TIF district was not in a good area
for economic development. However, Council Member Kuether asked
if the proposal for senior housing needed TIF money. Mayor
Reinert explained that the proposal for senior housing is far
from approved and could fall by the wayside.
Council Member Elliott moved to set the public hearing. Council
Member Neal seconded the motion. Motion carried unanimously.
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COUNCIL MEETING APRIL 27, 1992
CONSIDERATION OF RESOLUTION NO. 92 - 67 REDESIGNATING ADDITIONAL
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR 1992
Mr. Tesch explained that after the Council passed the first CDBG
resolution designating the 1992/1993 CDBG funds, he received a
call from Joanne Wright at Anoka County explaining that there
were additional dollars available to Lino Lakes for this
particular funding year in the amount of $4,200.00. Resolution
No. 92 - 67 cancels the original resolution approved by the City
Council and outlines the designation of all the 1992/1993 CDBG
funds.
Council Member Kuether moved to adopt Resolution No. 92 - 67.
Council Member Elliott seconded the motion. Motion carried with
Council Member Neal abstaining.
Resolution No. 92 - 67 can be found at the end of these minutes.
ATTORNEY'S REPORT, BILL HAWKINS
Consideration of Administrative Procedure on Easements Requiring
Immediate Action, Resolution No. 92 - 68 - Mr. Hawkins explained
that when easements are dedicated to the City, the staff must
first obtain approval of the easements from the City Council
before the easement can be recorded at Anoka County. However,
there are times when there is a need to record an easement
immediately so that the City will not loose its interest in the
property. Resolution No. 92 - 68 will allow an easement to be
recorded on behalf of the City if the City Engineer or the City
Attorney deeds the situation a emergency situation. The City
Council would be informed of such easement at its next regular
scheduled Council meeting.
Council Member Kuether moved to adopt Resolution No. 92 - 68.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 92 - 68 can be found at the end of these minutes.
Resolution No. 92 - 64 Granting Variance With Regard to Lot Width
to Certain Lots of Ulmer's Rice Lake Addition - Mr. Hawkins
explained that the lots in Ulmer's Rice Lake Addition were
platted at 150 feet in width with the idea that when municipal
utilities became available, the lots could be split into 75 foot
width lots. After that time the Zoning Ordinance was amended to
require 80 foot lots in this particular zone. If the lots in
Ulmer's Rice Lake Addition are to be split a variance would be
required for each lot because of the substandard lot width.
Resolution No. 92 - 64 would allow the staff to accept
applications for lot subdivisions, collect a $200.00 fee for
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COUNCIL MEETING APRIL 27, 1992
administration costs and $500.00 for park dedication and allow
the substandard width lots without coming before the Council to
ask for a variance for each lot. This particular resolution
would grant a variance for Lots 5 through 13, Block 1, Ulmer's
Rice Lake Addition only.
Council Member Elliott moved to adopt Resolution No. 92 - 64
Granting a Variance With Regard to Lot Width to Certain Lots of
Ulmer's Rice Lake Addition. Council Member Bergeson seconded the
motion. Motion carried with Council Member Kuether abstaining.
FIRST READING, Ordinance No. 07 - 92 - Mr. Hawkins explained that
the current City Code requires that all residents be connected to
the sanitary sewer within a year after it becomes available.
However, this provision in the City Code has not been enforced
and the City Council has adopted a policy that states that
residents do not have to connect to municipal utilities until
such time as their systems fail. Ordinance No. 07 - 92 will make
the City Code conform to what the current practice is regarding
connection to municipal utilities.
Council Member Kuether asked how does anyone define when a system
has failed. Mr. Hawkins explained that if the system cannot be
repaired, it has failed and a new system cannot be installed.
The residence must be connected to the municipal facility.
Council Member Kuether moved to adopt the first reading of
Ordinance No. 07 - 92. Council Member Neal seconded the motion.
Motion carried unanimously.
Ordinance Regulating Pornographic Materials - Mr. Hawkins
explained that the City Council had him to research a possible
pornographic moratorium ordinance and research how other
communities are handling this concern. He noted that when such
problems come into a community, a great amount of expense is
incurred in regulating the businesses. To avoid this problem,
Mr. Hawkins suggested that the City Council enact an emergency
moratorium on all pornographic establishments to allow time to
enact an ordinance regulating all pornographic materials. He
noted that the City cannot prohibit all adult advertising and
establishments. However, the City could limit the areas where
such activities take place. Mr. Hawkins said he has received a
copy of the City of Blaine's ordinance and is currently
collecting several other ordinances. He told the Council that if
this course of action is acceptable to them, they should direct
him to draft an emergency ordinance for consideration at the next
Council meeting.
Council Member Kuether moved to direct Mr. Hawkins to continue
and prepare a moratorium ordinance for consideration by the City
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COUNCIL MEETING APRIL 27, 1992
Council in two (2) weeks. Council Member Neal seconded the
motion. Motion carried unanimously.
SECOND READING, ORDINANCE NO. 15 - 91, ZONING ORDINANCE AMENDMENT
Mayor Reinert noted that there has been a great deal of
discussion on this matter during the past several months. The
first reading of the ordinance was held on April 13, 1992.
Council Member Bergeson moved to adopt the second reading of
Ordinance No. 15 - 91. Council Member Neal seconded the motion.
On a roll call vote, motion carried with all Council Members
voting aye. Ordinance No. 15 - 91 will be prepared for
publication as required by the City Charter.
OLD BUSINESS
Consideration of Appointing Council Member Elliott to Solid Waste
Advisory Committee - Council Member Neal moved to make this
appointment. Council member Bergeson seconded the motion.
Motion carried unanimously.
Remodeling of Police Station - Council Member Kuether noted that
at the April 22, 1992 Work Session, there was discussion
regarding funding what has already been started. She noted that
the interior is completed but expressed concern regarding
blacktopping the parking lot. Council Member Kuether noted that
she had heard one (1) report as to how the parking lot was to be
blacktopped and felt that this would be "tacky ". She noted that
it would look ridiculous from Lake Drive. Mayor Reinert said it
was his understanding that the Public Works Director and the
Chief of Police were to get together and come up with a proposal.
Mayor Reinert suggested that Council Member Kuether, Public Work
Liaison and Council Member Neal, Police Department Liaison get
together with the Public Works Director and the Chief of Police
and prepare a proposal and bring the proposal to the next Council
meeting. He noted that the City Council had set a limit of
$6,000.00 on completing certain items. Council Member Neal said
he thought that the cost of the entire remodeling of the police
facility was put in the 1992 budget. He was told only $35,000.00
was budgeted and the construction was to be completed in two (2)
phases.
Council Member Kuether asked how the City was able to purchase a
new park building when there was not enough money in the budget
to complete the police station remodeling. Mayor Reinert
explained that the funds for the park building were taken from
the Dedicated Parks Fund. This fund can only be used for park
land purchases or for park improvements.
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COUNCIL MEETING APRIL 27, 1992
Council Member Neal asked why the money the City received from
the City of Centerville for police protection did not go into a
special fund to be used for police purposes only. Mr. Tesch
explained that the money went into the General Fund and noted
that the Police Department cannot not be self - supporting from
citations, etc. That department relies on many other revenue
sources for its maintenance. Council Member Neal asked why this
City cannot just write a check to the Police Department for each
years operation and let them run their own department much like
the Circle Pines /Lexington Police Department. Mayor Reinert
noted that department is a completely different functioning
department and did not believe that this City wanted to get into
this type of an operation.
Council Member Bergeson asked that a report be made by staff to
the City Council as to whether or not there are any other General
Fund revenues that could be used to complete the police station
remodeling. Mayor Reinert reminded the City Council that the
coming year could be worse in terms of what the state legislature
may take from municipalities. He noted that this City may not
have much money to work with in 1993.
NEW BUSINESS
PROCLAMATION, Arbor Day - Mrs. Anderson read the Arbor Day
Proclamation. Council Member Neal moved to adopt this
proclamation. Council Member Elliott seconded the motion.
Motion carried unanimously.
PROCLAMATION, Week of May 11, 1992 As The Official Beginning of
the A. P. Bergee Scholarship Endowment Fund - Mrs. Anderson read
the A. P. Bergee Scholarship Endowment Fund Proclamation.
Council Member Bergeson moved to adopt this proclamation.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Registration for League of Minnesota Cities Legislative Wrapup
Session, May 13, 1992 - All Council Members and staff who wish to
attend this session should let Mrs. Anderson know so that she can
register them.
Registration for League of Minnesota Cities Annual Conference -
All Council Members and staff who wish to attend this session
should let Mrs. Anderson know so that she can register them.
Mayor Reinert encouraged all Council Members to attend this
conference because he felt it was a good opportunity to compare
notes and ideas with council members from other communities.
Consideration of Minutes:
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COUNCIL MEETING APRIL 27, 1992
March 23, 1992, Regular Council Meeting: Council Member
Kuether moved to approve these minutes. Council Member
Neal seconded the motion. Motion passed with Council
Member Bergeson abstaining.
April 6, 1992, Board of Review: Council Member Elliott moved
to approve these minutes. Council Member Kuether
seconded the motion. Motion carried with Council
Member Bergeson abstaining.
Consideration of Hiring a Part Time Building Inspector - Mr.
Tesch noted that the Building Official was in need of help for
the upcoming building season. This matter was brought before the
Council and staff was instructed to see if a contract could be
made with the City of Circle Pines for assistance from their
building official. During this time, it was brought to the
attention of staff that there is a program available called
Medical and Rehabilitation Consultants, Inc. The program
retrains persons who have been displaced from their regular
position because of injury or permanent layoff. Mr. Bob Cartier
was formerly in construction and is now in training to be a
building official. Mr. Tesch explained that the Lino Lakes
Building Official considers Mr. Cartier worthy and competent for
this part -time position. A grant is available to pay a
considerable portion of Mr. Cartier's salary while he is
preforming this "on the job" taining. The grant will pay 100% of
Mr. Cartier's first two (2) months salary, 75% of his third
months salary and 50% of his fourth months salary and 25% of his
fifth and sixth months salary. The 1992 Budget contains
$2,400.00 for part time building inspections and this will cover
the balance of the season.
Council Member Elliott moved to hire Mr. Cartier through the
grant program for the upcoming construction season. Council
Member Neal seconded the motion. Motion carried unanimously.
Mayor Reinert asked that staff follow up with the City of Circle
Pines on this matter.
Town Homes in Wenzel Farms - Mr. Schneider explained that he had
talked to Mr. Hokanson, developer of Wenzel Farms and he has
agreed to install a sign as soon as possible which says, "Future
Home of Wenzel Farms Town Homes ". This should eliminate the
concern that people are purchasing homes in Wenzel Farms and are
not aware that town homes will be constructed along Lake Drive.
Construction Debris - Council Member Neal noted that he has
received complaints about debris blowing from some new
subdivision, more notably Wenzel Farms. It was also noted that
some of the debris blowing in this area could be coming from the
Forjay Green Houses. Mr. Schneider said he would be meeting with
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APRIL 27, 1992
Mr. Menkveld, the developer of this area in the morning and will
discuss this matter with him. Mayor Reinert noted that it is
good public relations on the part of the developers to be sure
that their area is clean and debris is not blowing on the
neighbors property.
Council Member Elliott moved to adjourn at 8:10 P.M. Council
Member Neal seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular Council meeting held on May 11, 1992.
? //�'
Marilyn . Anderson,
Clerk - Treasurer
PAGE 20
Vernon F. Reinert,
Mayor
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Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 - 64
RESOLUTION GRANTING VARIANCE WITH REGARD TO LOT WIDTH TO CERTAIN
LOTS OF ULMER'S RICE LAKE ADDITION
WHEREAS, there exists within the subdivision of Ulmer's Rice Lake
Addition certain lots which are presently one hundred
fifty (15) feet in width and were developed with the
expectation that they could be subdivided at the time
utilities were installed; and
WHEREAS, the standards existing at the time of the development of
said lots provided for seventy -five (75) foot lot widths
in this area for lots served by utilities; and
WHEREAS, the current standard under the Lino Lakes City Zoning
Ordinance requires eighty (80) foot lots and therefore
the resubdivision of the lots as originally contemplated
would be in violation of the City Zoning Ordinance; and
WHEREAS, the City Council deems it to be a hardship in the best
interest of the City to grant a five (5) foot lot width
variance so that the existing lots within the subdivision
can be divided in accordance with the standards that were
contemplated upon the original platting of the
development; and
WHEREAS, the cost to the owners of such lots for the extension of
utilities would be prohibitive if such divisions were not
allowed.
NOW, THEREFORE, a variance is hereby granted allowing the
subdivision of the following lots:
1. Lots 5 through 13, Block 1 of Ulmer's Rice Lake Addition (19-
31-22-12 and 19- 31- 22 -13) are hereby granted a variance from
the lot width requirements to allow resubdivision of said lots
to a minimum lot width of seventy -five (75) feet.
2. That no further action or applications are necessary by the
property owners in order to be granted such variance. That
the City staff is hereby allowed to take all necessary actions
to grant such variances without further review by the City
Council or Planning and Zoning Commission.
3. The applicant shall pay the amount of $200.00 for the City's
Administrative cost for processing this matter.
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RESOLUTION NO. 92 - 64
Page -2-
4. The applicant shall sign an agreement waiving their right to
petition against a public improvement pursuant to the Lino
Lakes City Charter.
Adopted by the Lino Lakes City Council this 27th day of April,
1992.
Vernon F. Reinert, Mayor
MarilyriJG.'Anderson, Clerk- Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Bergeson and upon vote being taken
thereon, the following voted in favor thereof: Neal, Reinert, Elliott,
Bergeson.
The following voted against same: None, Kuether abstained.
Where upon said resolution was declared duly passed and adopted.
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Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 92 -67
A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1992 - 1993.
WHEREAS, The City of Lino Lakes is anticipating receiving
Community Development Block Grant Funds in Funding Year
1992 - 1992 in the amount of $31,192.00, and
WHEREAS, The City is in the process of establishing a Surface
Water Management Plan within the existing wetlands, and
WHEREAS, There is a need to acquire property within existing
wetlands for the purpose of implementation of said
plan, and
WHEREAS, The City Council supports the continuation of the Senior
Citizens Center Coordinator Program which has been
funded through C.D.B.G. Funds since it's inception, and
WHEREAS, The City Council supports the funding of a Senior Outreach
program for our community through the Anoka Community Action
Program, and
WHEREAS, The City Council supports the RISE Program, designed to provide
assistance to area residents with physical and /or mental
handicaps in the form of job training and skills development,
and
WHEREAS, The City Council supports Alexandra House and its cause of
assisting battered women and their children,
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Resolution 92 -67
Page 2
NOW THEREFORE BE IT RESOLVED:
1. That the Lino Lakes City Council hereby requests that
$13,567.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of
the City's Surface Water Management Program.
2. That the Lino Lakes City Council hereby requests that
$ 9,800.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of
of the Senior Citizen Coordinator Program, designed to promote the
the center's activities, programs and general operation.
3. That the Lino Lakes City Council hereby requests that
$ 4,125.00 of its 1992 - 1993 C.D.B.G. Funds be designated for
the Anoka County Community Action Program.
4. That the Lino Lakes City Council hereby requests that
51,100.00 of its 1992 - 1993 C.D.B.G. Funds be designated for
RISE, Inc. of Anoka County,
5. That the Lino Lakes City Council hereby requests that
$ 1,600.00 of its 1992 - 1993 C.D.B.G. Funds be designated for
Alexandra House.
Adopted by the Lino Lakes City Council this 9th Day of March, 1992
Marilyn G. ' nderson, Clerk /Treasurer
Vernon Reinert, Mayor
The motion for adoption of the foregoing resolution was duly seconded by
Elliott and upon vote being taken thereon, the following voted in favor
thereof: Neal, Kuether, Reinert „ElliottBergeson , The following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
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Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 92 - 68
RESOLUTION REGARDING EMERGENCY EASEMENT DOCUMENT ACCEPTANCE
WHEREAS, during the course of City improvement projects it becomes
necessary to acquire easements for streets, utilities and
drainage purposes for the benefit of the residents of the
City of Lino Lakes; and
WHEREAS, it is necessary that the City Council accept all grants
of easements to the City prior to the recording of
easement documents; and
WHEREAS, such acceptance must be affixed on the easement document
prior to acceptance by the Anoka County Recorder's
office; and
WHEREAS, there are certain emergency situations where it is
necessary to record easements with the City's acceptance
prior to the regularly scheduled Council meetings; and
WHEREAS, the City Council has the legal authority to delegate the
responsibility for acceptance of such easements to City
staff members;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That if, in the opinion of the City Engineer or the City
Attorney, an emergency situation arises so that an easement
must be accepted and recorded prior to the City Council
meeting, that the City Clerk may affix the acceptance on
behalf of the City and cause such easement document to be
recorded. That the City Council shall be informed of such
easement at its next regular scheduled Council meeting.
Adopted by the Lino Lakes City Council is 27th day of April,
1992.
OA/
Mari yn
(l Vernon F. Reinert, Mayor
Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Neal, Kuether, Reinert,
Elliott, Bergeson.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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