HomeMy WebLinkAbout06/26/1995 Council Minutes1
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COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
JUNE 26, 1995
DATE
TIME STARTED
TIME ENDED
MEMBERS! PRESENT:
MEMBERS ABSENT
June 26, 1995
6:30 P.M.
9:37 P.M.
Reinert, Neal, Kuether, Elliott, Bergeson
None
Staff members present: Parks and Recreation Director, Marty
Asleson; Consulting Planner, Al Brixius; City Attorney, Bill
Hawkins; Consulting Engineer, Steve Heth; Acting City Engineer,
John Powell, Chief of Police, David Pecchia; Community
Development Director, Brian Wessel; Planning Coordinator, Mary
Kay Wyland; City Administrator, Randy Schumacher and Clerk -
Treasurer Marilyn Anderson.
SETTING THE AGENDA
The agenda was approved as presented.
CONSENT AGENDA
CONSIDERATION OF MINUTES:
Closed Meeting, January 11, 1993, Approved as presented.
REGULAR AGENDA
OPEN MIKE
Mr. Brian Winges, introduced Mr. Steve Robichaud, 6524 White Oak
Road who explained that he is speaking for the residents who
signed a letter that was given to the City Council in their
packets. Mr. Robichaud said that his neighborhood is concerned
about the development of a park that is planned for the
Brandywood Estates subdivision. He also said that he and his
neighbors are not here to sabotage or delay the park but to
support a quiet park that would be developed as soon as possible.
Mr. Robichaud said the purpose of his appearance at this public
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forum this evening is to make sure that everyone knows that there
are some concerns over the first actions that were taken in the
park that seem to be outside of what they understood to be the
concept that was presented in the May 15, 1995 neighborhood
meeting. Mr. Robichaud said his neighborhood would like to re-
establish a consensus and make sure that when they come back to
the City Council that the plan is something that everyone clearly
understands and is more specific than concepts that do no have
any specific boundaries or barriers.
Mr. Robichaud noted that Mr. Asleson understands the neighborhood
concerns and asked him to help in the process of re- establishing
a consensus regarding the park development. Although everyone
was aware of the bordered concept, when the first part of the
construction began, people who boarded the park property were
surprised at the action that was taken. Mr. Robichaud suggested
that the concept should be viewed by the entire neighborhood on
the location so that they can get a first -hand view of what is to
be disturbed and what will be changed.
Mayor Reinert asked if all the signatures on the letters are
signatures of residents living adjacent to the planned park. Mr.
Robichaud said there are signatures from residents who are not
directly adjacent to the park. These residents are concerned
about how the park will grow and how it will affect traffic and
parking on their street.
Mayor Reinert explained that the City Council cannot take action
on this matter. He asked Mr. Asleson to take this matter back to
the Park Board and the community so that a consensus can be
reached to make this a win /win situation. Mr. Robichaud felt
that a consensus is attainable but wanted the City Council to be
aware of their concerns.
Mr. Asleson explained that a master plan was sketched for this
park. A neighborhood meeting was held. However, when actual
construction was started, there was some "shock ". He felt that
another neighborhood meeting would be very beneficial.
Mayor Reinert explained that the City went through a very
extensive process in developing a comprehensive park plan with
citizen input. He hoped that this matter will be brought back to
the City Council in the very near future. Mr. Robichaud noted
that the children are now gravitating toward playing in the
street. It is their plan to create a park area that will draw the
children off of the street.
Mr. Robichaud thanked the City Council for direction.
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Shelly Beaupre, 7064 Rice Lake Lane explained that she has
received a notice from the Building Inspections Department
requiring that the backwash from her swimming pool be directed
onto her own property and not her neighbors property. She
explained that the pool was constructed about 11 years ago with
the current backwash system. She has lived on the property for
three (3) summers and there was no indication that there was a
problem. Ms. Beaupre noted that the Building Inspections
Department has given her until Friday afternoon to install a
permanent method of conveying the water to the street and
ultimately into the storm sewer system. She questioned the
notice because the pool was constructed by a reputable company.
She has obtained a copy of the swimming pool ordinance that was
in effect when the pool was constructed and a copy of the
building permit issued for the pool. Ms. Beaupre asked when a
building permit is issued, and the project is completed, does the
inspector inspect the finished pool? Mayor Reinert said yes
there is a process. Ms. Beaupre asked if it was correct for her
to assume that since the pool was constructed and approved by the
Building Official and no other action was taken regarding the
construction in the last eleven (11) years, the pool conformed to
City regulations. Mayor Reinert asked if her pool system was
diverting backwash onto her neighbors property. Ms. Beaupre
explained that when the pool was constructed, an underground pipe
was placed that come out underneath the fence. Council Member
Kuether explained that this is her previous home and she had the
pool constructed. She noted that the fence is 12 to 18 inches
from the property line and the backwash should not be entering
the neighbors property.
Ms. Beaupre noted that the 1982 ordinance and the current
ordinance are exactly the same. She asked why should she go
through additional expense to change or alter something that was
approved in 1984. Mayor Reinert explained that the staff report
says that backwash water is draining onto the neighbors property.
He noted that it is illegal to drain water onto another persons
property. Ms. Beaupre noted that she had pictures of the area
where the water is draining out. Mayor Reinert asked that the
Inspection Department determine if Ms. Beaupre is in fact
draining the backwash water onto another property then the
situation has to be remedied.
Mr. Schumacher asked Ms. Beaupre if she had talked to the
Inspections Department about options for this situation. Ms.
Beaupre said that her husband is out of town much of the time.
She felt that running a pipe to the street was not an options.
Mayor Reinert noted several options available.
Mr. Powell said he has talked to the Building Official about this
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matter. When the swimming pool was originally constructed,
unless there was actually backwash occurring at the time, the
Building Official would not necessarily notice whether there was
a problem. He felt the Building Official was conscientiously
responding to another property owners concern. Mr. Powell felt
that it was proper for the Building Official to aggressively get
corrective action on the matter. He suggested that he and the
Building Official visit the property and suggest an answer to the
problem.
Ms. Beaupre said that she wanted the record to show that she did
not agree that what water is draining onto the neighbors property
is a danger to anyone and did not think that it should be an
issue to waste City Council time. Mayor Reinert said that the
City Council must look at the rights of everybody and will work
with her on the matter.
Tom and Lisa Larson, 7072 Rice Lake Lane are the neighbors to the
Beaupre's and own the property where the backwash water from the
swimming pool is being deposited. They brought pictures of the
area to show to the City Council. Mayor Reinert explained that
the Council has heard the problem and staff will work with the
residents to find a solution.
20/20 Update, Kim Sullivan - Ms. Sullivan explained that 20/20
Vision is close to completion. A pancake breakfast was held on
Sunday for all the advisory group members and their families. It
was a good opportunity for the City Council to talk directly to
the advisory group members and get some personal feedback about
the project.
A dress rehearsal is being held tomorrow evening for the advisory
group leaders. They will be coached on their presentation for
the final forum on July 8th. The final forum will be held at the
Rice Lake Elementary School. Each advisory group will take about
40 minutes to give their presentation and for the audience to
give their feedback. This will be the final opportunity for any
citizen who has not been involved in 20/20 to listen to what each
group has prepared and then give their input.
The final 20/20 document will be printed following the final
forum. The advisory group leaders will present their documents
to the City Council at a regular Council meeting. A summary will
be prepared and mailed to each home in the City. Each advisory
group leader will be given a copy of the entire document. Copies
of the entire document will be available to the public at a cost.
A copy will also be placed in the citizens library.
Ms. Sullivan noted that there have been some changes in advisory
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group leadership. She noted that the group members have worked
well with each other.
Advisory group leaders will make up the steering committee. They
will continue the 20/20 process for the next 18 months. In
January, 1996, they will prepare an overview of what has happened
since the final document was presented to the City Council. They
will meet quarterly in 1996 with Dan Tesch. The purpose of these
meetings is to review some of the decisions that have been made
by the City Council and staff and may make some recommendations
regarding things that they would like to see changed. In
January, 1997, the steering committee will prepare a full review
of the 20/20 recommendations to determine how things have been
implemented, what worked and what did not work and what else
needed to happen.
Mayor Reinert noted the amount of time each advisory group member
spent on this process. He also noted that some members admitted
that there were trying times because of differences of opinion.
Mayor Reinert said that one member told him that they understand
the City Council's position better on some issues. Mayor Reinert
said this was an educational process and everyone will gain from
the process. Mayor Reinert said he was looking forward to the
finished document and hoped that many people will come to the
final forum on Saturday, July 8, 1995.
Ms. Sullivan explained that invitations to the final forum will
be mailed to each residence.
CONSIDERATION OF DISBURSEMENTS
June 26, 1995 - Council Member Kuether moved to approve the
disbursement as presented. Council Member Bergeson seconded the
motion. Motion carried unanimously.
Centennial Fire Department - Council Member Elliott moved to
approve the disbursement as presented. Council Member Kuether
seconded the motion. Motion carried unanimously.
CONSIDERATION OF HIRING AND SWEARING IN POLICE OFFICER, CHIEF
PECCHIA
Chief Pecchia introduced Mr. Kurt Rausch to the City Council. He
noted that Officer Rausch has over 12 years experience with the
Minneapolis Parks Department. The last two (2) years were spent
as a Minneapolis Park Patrol Agent. Officer Rausch also has
experience as an armed security guard with the Federal Protective
Services.
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Officer Rausch has experience with community policing concepts
such as safety camp, crime prevention activities, and
volunteerism within his community.
Officer Rausch's educational experience includes a degree from
Normandale Community College, course work at the University of
Minnesota and North Dakota State University. Officer Rausch has
also graduated from the Center of Criminal Justice and Law
Enforcement.
Council Member Elliott moved to confirm the hiring of Officer
Kurt Rausch. Council Member Neal seconded the motion. Motion
carried unanimously. Mayor Reinert swore in Officer Rausch.
Chief Pecchia noted that Officer Rausch is a "Clinton Cop ". The
federal government will pay approximately 75% of Officer Rausch's
salary for the next three (3) years. The City will pay the
balance. After that period, the City will pay his entire salary.
Mayor Reinert welcomed Officer Rausch and thanked Chief Pecchia
for his report.
CONSIDERATION OF PROCLAMATION, NATIONAL NIGHT OUT, CHIEF PECCHIA
Chief Pecchia explained that National Night Out was designed to
heighten crime and drug prevention awareness, generate support
and participation in local anti -crime efforts, strengthen
neighborhood spirit and police- community relations and sent a
message to criminals letting them know neighborhoods are
organized and fighting back. Residents lock their doors, turn on
their outside lights from 7:00 P.M. to 10:00 P.M. and get
together with their neighbors. National Night Out is for all
neighborhoods and businesses in Lino Lakes, not just established
neighborhood watch groups.
Last year, the City Council was invited to ride with the police
officers as they visited the neighborhood groups. The City
Council is invited to ride with the police officers this year.
More information regarding this event will be sent by the Police
Department.
PLANNING AND ZONING REPORT, MARY KAY WYLAND
Minor Subdivision, Mag -Con, Inc. - Mr. Wessel noted that Mag -Con,
Inc. is the third business that will begin building in the Apollo
Business Park this year. Closing on the property is scheduled
for the 21st of July, 1995 and construction will begin a week
later. He introduced Mr. Dick Butler, President of Mag -Con, Inc.
and his wife. Mr. Wessel said that he is extremely pleased that
Mag -Con, Inc. selected Lino Lakes as the location for their new
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building and to relocate their business here. He explained that
Mag -Con, Inc. was checked by the normal selective criteria and
was rated at the top of the chart.
Mr. Butler said that he and his wife own Mag -Con, Inc. Their
company has been in business since 1960. The company is
primarily an engineering company and does a lot of very
interesting things such as build transformers for many
businesses. These are very large transformers used in very
specialized kinds of processes. Mag -Con, Inc. has about 40
employees, does not create any environment problems and is a good
financially solid company. Mr. Butler said that he would be
adding to his work force and would appreciate assistance in this
endeavor. He noted that the bulk of the current work force is
located in the Lino Lakes, Circle Pines area and they are
overjoyed because they will not have to drive to the Roseville
area.
Mr. Butler said he is very impressed with the people he has dealt
with at the City. The staff was very cooperative and they know
what they are doing. He said the Apollo Business Park will be a
very good location for many good companies. Mr. Butler said he
as happy to be a part of it and said he would be happy to answer
questions. There were no questions.
Mayor Reinert thanked Mr. Butler for his comments and said it is
the goal of the City to be cooperative and make industry welcome
to Lino Lakes.
Ms. Wyland used the overhead projector and showed the location of
the site purchased by Mag -Con, Inc. The property is zoned
General Industrial and the Comprehensive Land Use Plan indicates
that the area is industrial. A portion of the Lino Industrial
Park was replatted into the Apollo Business Park by the City
Council in August, 1994. The City has been platting the property
in the Apollo Business Park as parcels are sold. This latest
proposal is for a site that is 2.3 acres in size.
A site plan review for Mag -Con, Inc. will follow this minor
subdivision request. Staff recommends approval of the minor
subdivision to facilitate the development of Mag -Con, Inc. The
Planning and Zoning Board reviewed the request at their June 14,
1995 meeting and is recommending approval of the request. Park
dedication is not being requested because it was collected when
the original Lino Industrial Park was platted.
Council Member Elliott moved to approve the minor subdivision as
proposed. Council Member Bergeson seconded the motion. Motion
carried unanimously.
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Site Plan Review, Mag -Con, Inc. - Ms. Wyland used the overhead
projector to show the site plan to the City Council. She
explained that Mag -Con, Inc. is requesting site plan approval for
a 15,000 square foot production and office building to be located
in the Apollo Business Park, with a 5,000 square foot expansion
area. Mag -Con, Inc. designs and constructs electrical
transformers and currently employs 40 people. The property is
zoned General Industrial and consists of 2.3 acres.
Mr. Wessel, the City's Economic Development Director has been
working with Mag -Con, Inc. on this project for several months and
recommends approval of the site plan as submitted.
Site and Building Plan Review
Setbacks: The proposed building meets the setback requirements of
the Zoning Ordinance for a General Industrial District.
Building Height: The Zoning Ordinance provides a maximum
height of 45 feet. The proposed building will be 16 to 18 feet
in height.
Green Area: The Zoning Ordinance provides a minimum of 10%
green area. The proposed construction, including the proposed
expansion area, meets the requirement of the Zoning Ordinance.
Landscaping /Buffering: A landscaping plan has been submitted
which indicates a combination of ash trees, junipers and
miscellaneous plantings.
Aesthetic Compatibility: The proposed construction is designed to
fit with the aesthetics required for construction in the Apollo
Business Park. The exterior will be a combination of smooth and
textured painted block.
Off - Street Parking: The developer is proposing 50 parking stalls.
This should be adequate according the City's ordinances. As a
condition of approval, handicapped parking shall be provided as
dictated by the ADA rules and regulations.
Circulation and Access: Access is to be provided from a shared
driveway on the western side of the property. The
utility /drainage plan does not indicate this configuration. A
shared driveway agreement shall be made a part of the development
contract.
Loading and Trash: Trash handling areas should be located on the
plan and properly screened as provided in the Zoning Ordinance.
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Lighting: Off Street parking areas will be required to be
illuminated so as to reflect light away from adjoining property.
Signs: Signage shall be in accordance with the City Sign
Ordinance. A sign permit will be required prior to installation
of any signage.
Utilities, Grading and Drainage: Utilities, Grading and
Drainage plans shall be subject to review and approval by the
City Engineer. Utilities are available to serve the site.
The Economic Development Advisory Board and the City staff
recommended approval of the site plan as submitted with the
following conditions:
1. The applicant shall sign a development agreement and
post financial guarantees as specified by City staff
prior to issuance of any building permits.
2. The City Engineer shall review and approve utility,
drainage and storm sewer plans.
3. Proper sign permits shall be obtained prior to
installation of signage.
4. The site plan dated June 2, 1995 and the landscape plan
dated June 8, 1995 shall be made a part of this
approval and shall incorporate all landscaping,
parking, building location, trash handling, loading
docks, etc. The landscaping plan shall be reviewed and
approved by the City Forester.
5. The parking area shall be provided with a hard surface
with concrete curb surrounding all access drives and
parking areas.
6. Handicapped parking shall be provided according to ADA
rules and regulations.
7. Roof top heating and ventilating units shall be
properly screened.
The Planning and Zoning Board recommended approval of the site
plan at their June 14, 1995 meeting with the conditions outlined
above.
Council Member Bergeson moved to approve the site plan with the
conditions outlined by the Planning and Zoning Board. Council
Member Elliott seconded the motion. Motion carried unanimously.
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Minor Subdivision, Harvey Meredith, 8301 - 20th Avenue - Ms.
Wyland used the overhead projector to show the location of this
property.
Mr. Meredith owns 30 (29.4 + / -) acres on the west side of 20th
Avenue just south of the Columbus Township border. He would like
to subdivide the site into three (3) building sites. The
property is zoned Rural and a 10 acre minimum lot size is
required with a minimum lot width of 330 feet. The zoning in
Columbus Township, adjacent to this site, is also rural with a
five (5) acre minimum lot size. The Lino Lakes Comprehensive
Land Use Plan indicates this property as rural. Utilities are
not available to serve the site.
Mr. Meredith is proposing the following:
Parcel A
Parcel B
Parcel C
- 10 acres with 374.61 feet of lot width on 20th
Avenue
- 9.4 acres with 343.62 feet of lot width on 20th
Avenue
- 10 acres with 330 feet of lot width on 20th
Avenue
Parcel D -
.03 acres physically separated from the balance
of the property by I35W
A variance is being requested for parcel B for .6 acres.
According to the Zoning Code, "variances from the literal
provisions of the ordinance may be granted in instances where
their strict enforcement would cause undo hardship because of
circumstances unique to the individual property under
consideration ". The City must make findings of fact that:
A. That the property in question cannot be put to a
reasonable use if used under conditions allowed by the
official controls. Mr. Meredith has the ability to
split the parcel into two (2) lots rather than three
(3) lots. Therefore a reasonable use of the property
exists.
B. That the plight of the landowner is due to
circumstances unique to this property not created by
the landowner. In this case, when I35W was
constructed, public action was required to take a
portion of this property for highway purposes. Prior
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to that, there was adequate acreage to make three (3)
10+ acre parcels of property. Therefore, circumstances
are unique to this property and were not created by the
landowner.
C. That the hardship is not due to economic consideration
alone and when a reasonable use for the property exists
under the terms of the ordinance. If the hardship, in
this case, is considered to be the construction of
I35W, it is not an economic consideration.
D. That granting the variance requested will not confer on
the applicant any special privilege that would be
denied by this ordinance to other lands, structures, or
buildings in the same district.
E. That the proposed actions will not unreasonably
diminish or impair established property values within
the neighborhood. Property values should not be
adversely affected with the granting of this variance.
Property to the north can be platted at five (5) acre
minimums (in Columbus Township) while property to the
south is at 10 acre minimums. Additionally, there is a
five (5) acre parcel immediately south of this
property.
F. That the proposed action will be in keeping with the
spirit and intent of the ordinance. The spirit and
intent of the ordinance is to provide for large parcels
that can be further divided when utilities are
available. The purpose and intent of the ordinance
would remain in tack should this variance be granted.
The Planning and Zoning Board reviewed this item at their June
14, 1995 meeting and recommended that the variance request be
denied and allow a subdivision of two (2) lots (one 10 acres in
size, and the other 19.4 acres in size). Mr. Brixius advised the
Board that the public action to condemn the I35W property could
be used to justify the variance request.
Mr. Meredith was unable to attend the Planning and Zoning Board
meeting, however, since that time he has advised staff that he
owns 12.5 acres of property immediately north of this parcel in
Columbus Township. He asked if it would be possible to add .6 of
an acre from that parcel to the Lino Lakes property and thereby
meet the 10 acre minimum requirement. Such action would not be
allowed by the Anoka County Assessors office since it would
straddle taxing jurisdiction lines.
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Ms. Wyland explained that the City Council has the option to deny
the subdivision of property into three (3) parcels and approve a
split of the parcel into one 10 acre parcel and one 19.4 acre
parcel. A park dedication fee ($500.00 per lot) would be
required for the newly created lot to be collected at the time
the deed is signed by the City for recording with the County.
The City Council also has the option of approving the variance
request to allow creation of two (2) 10 acre parcels and one 9.4
acre parcel for the reasons indicated above in items B, D, E, and
F. Two (2) park dedication fees would be required for the newly
created lots, to be collected at the time the deed is signed by
the City for recording with Anoka County.
The City Council also has the option of returning the matter to
the Planning and Zoning Board for further consideration.
There was discussion regarding how Mr. Meredith could obtain
additional land to legally create three (3) ten acre lots. None
of the suggestions were acceptable. Mr. Meredith explained that
when County Road #84 (20th Avenue) was upgraded, the southeast
portion of his property was taken for additional right -of -way.
Council Member Kuether felt that this was a unique situation not
created by Mr. Meredith and a variance could be approved. Mr.
Hawkins agreed with the County Recorder and said that two (2)
parcels of land in two (2) different jurisdictions cannot be
combined.
Council Member Kuether moved to approve the variance request
to allow two (2) ten acre parcels and one 9.4 acre parcel for the
reasons indicated above in items B, D, E and F. Two (2) park
dedications will be required for the two (2) newly created lots,
to be collected at the time the deeds are signed by the City for
recording with the County Recorders office. Council Member
Elliott seconded the motion. Motion carried with Mayor Reinert
voting no.
Site Plan Review, Marshan Condominiums, Lake Drive and Aqua
Lane - Mr. Brixius used the overhead projector to show the
location of the proposed condominiums and the proposed site plan.
He explained that the developer is requesting site plan approval
for the first phase of the proposed development which would
include 110 townhome units to be owned in a condominium on a 25.5
acre parcel of land. The development is proposed to be served by
a loop street system which would be a private street dedicated to
the City by easement. The proposal includes 14 individual
multiple family structures and a three (3) acre park.
This proposal predates the current Lino Lakes Shoreland
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Ordinance. Therefore, it will be treated under the State
Shoreland requirements which are more restrictive than the Lino
Lakes Shoreland Ordinance. A concept plan was presented to the
Planning and Zoning Board. This board requested that the
developer present a plan showing the subsequent phases. The plan
submitted by the developer shows subsequent phases in a darker
color. A proposed commercial development is shown in the
southwest corner of the proposed development.
The area is designated in the 1990 Comprehensive Land Use Plan
for multiple family development. The proposal is consistent with
the 1990 Land Use Plan and the current zoning which is R -4 which
allows development for multiple family development up to 15 units
per acre. However, the Shoreland Overlay District significantly
reduces the site's density potential.
Mr. Brixius gave a background on this matter. The original
proposal did not meet the conditions of the Zoning Ordinance and
did not meet all City and State Shoreland Requirements. A second
proposal was submitted that complied with the State Shoreland
requirements but staff noted 18 different items that needed
attention before approval could be given including the dedication
of three (3) acres of park land and compliance with required
setbacks. The Planning and Zoning Board tabled action on this
request until a final drawing was submitted meeting all of the
requirements.
Mr. Brixius explained that the applicant responded to the
Planning and Zoning Board's recommendations and presented a third
drawing which is being addressed this evening. This proposal is
being treated as a site plan since it is a condominium ownership.
People will buy the units but will own the entire property in
common. A condominium is not a type of housing unit, it is a
legal form of real estate ownership. A townhome is a type of
housing with shared walls and exterior exits for all units.
Separate ownership for each townhouse unit is being proposed for
this development.
The ownership is consistent with the proposal. The first phase
complies with the Department of Natural Resources (DNR) density
standards. The applicant is proposing 139 units for the second
phase. The current regulations indicate that 136 units would be
the maximum. Land at the southwest corner of this area would
have to be added to get the additional three (3) units. The
building elevations are 32 feet and meet the setback
requirements, the buildings meet the 30 foot setback from a
public street. Parking stalls along the circular road could be
granted a variance up to five (5) feet provided that adequate
landscaping around the parking stalls be installed to break up
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the visual appearance of the parking areas.
The applicant has provided a landscaping plan which is not
adequate since it does not show location, type and species of
trees and plants. It does provide some idea where landscaping is
desired from a screening standpoint. One condition of approval
of this request is the submission of a formal landscape plan with
a detailed description of what will be planted at each screening
area including the parking lots, areas along Lake Drive (Highway
49) and to the north of the townhomes where they front towards
the Shores of Marshan Lake subdivision.
With the setback variance, the applicant complies with the
required parking plan for this type of unit. A snow storage plan
has been provided and a three (3) acre park is provided complying
with the recommendation of the Park Board.
A dock area is included in the site plan. Mr. Brixius noted the
location of the dock on the map. There were concerns raised by
staff and the Planning and Zoning Board regarding the dock.
There will have to be specific and defined use of the dock. The
applicant has expressed a willingness to comply with the
following standards:
1. Provide a sketch plan showing the dock arrangement.
The dock design must be consistent with the concept
plan as submitted with this site plan request. Any
change in design and /or use will be subject to City
approval. The dock design will be subject to DNR
approval and will be for pedestrian traffic only. No
car traffic will be provided and no boat launching will
be allowed. Lake access from the dock shall be canoe
access only. The dock shall be signed, "Private
Property ". The developer shall outline the lake access
restrictions in a homeowners deed restriction and
disclose the lake access restrictions to all homeowners
at the time of purchase or sale. In addition, these
restrictions will be included as part of the
development agreement that is required for site plan
approval and included in the deed covenants of the
homeowners association.
2. The applicant is required to provide handicapped
parking throughout the site. The applicant has
indicated that it will be provided.
3. The City Engineer has reviewed the grading and drainage
easements for the site and has addressed the utility
needs for the site in a separate report.
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4. The applicant has provided building elevations. Mr.
Brixius showed the photographs of the building
elevations and explained that the larger units will be
located along the lake and on the north end of the
circular drive. The larger units have been placed in a
manner so that they will be closest to the single
family homes to the north and provide two (2) car
garages in all cases.
Mr. Brixius displayed photographs of the townhouse
units proposed for along Lake Drive (Highway 49) and
within the circular driveway area. These units have
been located further away from the single family home
area. A number of units will have single car garages
and the end units will have two (2) car garages.
The developer has been responsive to neighborhood concerns.
There is no through street connection to Stagecoach Trail in the
Shores of Marshan Lake subdivision. The street in the proposal
is a loop street with Aqua Lane as the entrance. The three (3)
acre park has been located along the northern boundary of the
site to provide a physical separation between the proposed
townhome units and the single family area. The park area does
comply with park dedication requirements. A trail will be
constructed along Marshan Lake in compliance with the Park Board
recommendation. Grading of the park will in conjunction with the
site grading. The applicant is required to provide parking.
Parking will be restricted within the fire lane areas and will be
properly signed, "No Parking ".
A question was raise as to why this proposal was being reviewed
as a site plan review. The Lino Lakes subdivision ordinance is
silent in regard to condominium subdivisions. Also the Lino
Lakes Zoning Ordinances allows two (2) principal structures on a
R -4 zoned lot. These rules allow for this type of development to
occur without having to go through the preliminary plat approval
process. This matter was discussed with the applicant, the
applicants attorney and staff. The City Attorney was present at
this meeting. It was determined that if all the requirements and
design guidelines of the City Zoning Ordinance could be met, this
was the simplest and easiest way to respond to the developers
request for a site plan approval.
Mr. Hawkins explained that normally development occurs through a
typical plat where an individual brings in a parcel of property
divided it into lots and blocks and then turns around and sells
the individual lots to individual owners. This is a normal
arrangement in most municipalities. This proposal is being
presented under a State Statute that was enacted about a year
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ago. The Statute is call a "common interest community ". This is
either a condominium or cooperative development. A piece of
property is not platted into individual lots because there is no
separate ownership of land. The land is owned in common
ownership. The space above the land is divided similar to an
apartment project.
Mr. Hawkins originally thought that this was a subdivision and
therefore the subdivision ordinances should apply. It was
determined that the proposal was not a subdivision or a townhouse
plat. A meeting was held with Mr. Hawkins, the developer, the
developers attorney and staff. A determination was made that
since the developer is willing to comply with all the regulations
of the subdivision ordinance, the City would process the proposal
like a subdivision and get all the things that the City would get
had it in fact been a subdivision. This is the first time a
condominium or "common interest community" site plan has been
presented to the City. This proposal has prompted staff to
review the subdivision ordinance and to make sure that when
another such proposal is presented, the proposal will be governed
by the subdivisions regulations. Mr. Hawkins explained that it
is very unusual for this type of development to be proposed in
areas this far from the inner city. Mr. Brixius explained that
this proposal would not be unique to an R -4 District. It could
also be presented to R -2 and lesser density districts.
Council Member Bergeson expressed concern regarding a public
trail that goes to a private dock. This could create a "public
nuisance" and invite trespassing. This concern was addressed by
the Park Board. There was a proposal to place a gate at the dock
entrance, however the consensus was that gating the dock would
pose more of a problem than placing "no trespassing" signs.
There was discussion about the dock and how it could be reserved
for the condominiums owners only. Staff and the City Council
agreed that signage appeared to be the best method of letting the
general public know that the dock was private property and not
for public use.
Mayor Reinert said if the Lino Lakes City Code does not address
condominium development then the City does not have a condominium
provision. Mr. Brixius said that this is correct. However, if
this proposal were all rental properties, regardless of who owned
the rental units, the Lino Lakes ordinances does allow for the
property to remain as a single parcel and one owner to hold and
put more than one principal unit on the lot. The only thing that
this developer is doing differently with this property is
promoting owner occupancy of the individual units. Under the
Lino Lakes ordinances, the owner of this property could build
these same units and make them all rental. The City would not
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want this to happen and that is why the proposal is being handled
in this manner.
Mayor Reinert referred to Mr. Brixius' development summary dated
1990, "The site's zoning is R -4, which allows for a variety of
high density housing alternatives as a permitted use ". He asked
if the word "variety" was defined. Mr. Brixius explained that
this district allows multiple family development such as
townhomes, twinhomes and apartments. This is the most intense
zoning district in Lino Lakes and allows up to 15 units per acre.
The ordinances do not establish a maximum density based on the
type of housing unit proposed. The Shoreland Ordinance now
establishes a maximum density for such zonesand the City Code
will be updated to include density maximum for each housing type.
Mayor Reinert expressed concern regarding the current City
ordinances noting that the ordinances should be more specific in
the development of condominiums and their ownership. He also
expressed concern because this proposal was not presented to the
City Council until last Wednesday evening. Staff had been
working with the developer on this matter since early last fall.
He asked why this condominium proposal was not introduced to the
City Council until now. Mayor Reinert said he felt that the City
Council should have been updated when the proposal shifted from a
townhome proposal to a condominium proposal. Mayor Reinert noted
that the definition section of the ordinances contains a
definition of "condominiums" but does not address condominium
subdivision. Mr. Brixius said that this was correct. The
subdivision ordinances did not contemplate individual ownership
of condominiums units like what is being proposed. However, the
subdivision does allow for more than one principal unit on a R -4
site. If these units were all apartments, the subdivision
ordinance would allow for only a site plan review such as what is
being presented at this time. However, the subdivision
ordinances must be amended to include performance standards for
condominium proposals.
Mayor Reinert expressed concern because this is a very high
density project for Lino Lakes. He expressed another concern
regarding the proposal to build single car garages on some of the
units. Society today requires more than a single car garage to
provide adequate storage. Households normally have more than one
car and other leisure time items that require storage and could
create outside storage problems. Mayor Reinert noted some metro
areas where storage has become a problem and an "eye sore ". This
problem becomes more acute when the area is posted "no outside
storage" and exterior storage is happening. This creates an
enforcement problem for the Police Department.
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Mayor Reinert said he understood that developers build this type
of development as an occupation but then they leave the area. He
felt that when this type of development happens, the developers
also leave problems. Mr. Brixius said that staff told the
developer that single car garages cause storage problems.
However, the City does not have performance standards in any
zoning districts that mandate a garage, especially in the R -4
District. Mr. Brixius said that the need for adequate parking
was addressed and now more units have the larger garages. In
addition, in areas where single car garages are provided,
additional parking stalls were provided. However,the additional
parking stalls do count as a parking stall in front of the
garage. The "no parking" areas were identified. Within the
limits of the ordinance, all concerns were identified and
addressed. Mayor Reinert said he still was concerned about
possible parking of recreational vehicles. Mr. Brixius noted
that there will be no storage or parking of recreational vehicles
in this subdivision and this requirement will be enforced. Mayor
Reinert said it will be an enforcement problem.
Mayor Reinert asked what is the square footage of each unit. Mr.
Corson, representing the developer explained that the units will
be similar to the townhomes across the street in Wenzel Farms.
He also showed several pictures of similar units constructed in
other cities.
Mr. Tom Ballic, attorney for the developer, explained that he has
extensive experience in common ownership communities. Every
document contains prohibition language against on -site storage of
recreation vehicles. The association by -laws also restrict the
parking of these vehicles. Recreation vehicles are not
appropriate in this type of community. In subdivisions where the
association is active, there has been no parking problems. Mr.
Ballic noted several other developments in other cities. He
explained that you will not find any parking of such vehicles.
Mr. Ballic also noted that these types of developments are
regulated by 515B Uniform Common Ownership Interest Act. This
regulation requires and mandates extensive disclosures to buyers
with extensive penalties in the event all is not disclosed. Mr.
Ballic also noted that the private dock is regulated by the same
Act.
Mr. Hawkins explained that he has reviewed the draft by -laws for
this development. When the final document is available it will
be carefully reviewed to be sure that all of the City Council's
concerns are addressed.
Mr. Ballic explained a common community. All the land except the
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unit is owned in common interest. An association consisting of
the dwelling owners will determine who parks on common interest
portions of the property. Mayor Reinert noted that associations
vary in the way they enforce the regulations of the common
interest community. Some associations do not enforce their
regulations very well. Mr. Ballic explained the 515B Uniform
Common Ownership Interest Act provides all the tools to properly
enforce common interest regulations. Mr. Hawkins said that he
would review the final document and if there are some conditions
that the City Council feels are essential, he will see that they
are included in the document.
Mr. Corson noted that the units will be sold starting at
$95,000.00 to $165,000.00.
Council Member Bergeson noted that the proposal is to build 110
units in the first phase and 29 units in the second phase. Of
the 110 units, how many units are two (2) car garages and how
many are one (1) car garages. Mr. Corson said 48 units of the
110 will be one (1) car garage units.
Council Member Kuether asked why the second phase of development
would require a conditional use permit. Mr. Brixius explained
that the application for the first phase was presented to staff
before the new Shoreland Ordinance was finalized. Therefore, the
development of the first phase will be treated under the State
Shoreland Ordinance guidelines. All new development will be
handled under the Lino Lakes new Shoreland Ordinance guidelines.
A conditional use permit and a public hearing would be required.
Also the applicant has indicated an interest in a commercial
development at the corner of Aqua Lane and Lake Drive. Any
pursuit of this development would require a rezone and a public
hearing.
Council Member Kuether noted that the developer has purchased the
Wenzel home and property and asked if there were plans to
purchase the old farm site. Mr. Hokanson, the developer, said he
did not know.
Mayor Reinert noted item #14 on page five (5) of Mr. Brixius's
report and asked where any outdoor activities would take place.
Mr. Brixius explained that the first site plan that was presented
to staff did not show the second phase and the three (3) acre
park. That site plan had additional open space that could have
provided additional private recreation facilities. However, the
current proposal is indicating additional park and a dock and no
private recreation facilities.
Mr. Brixius suggested that item No. 8 be added to the seven (7)
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COUNCIL MEETING JUNE 26, 1995
Planning and Zoning Board requirements on page 6 which would
state, "no outdoor storage of recreational vehicles or auxiliary
equipment in fire lanes or required parking areas ".
Council Member Bergeson said he was still not comfortable with
the dock arrangement. He asked Mr. Brixius for further
suggestions. Mr. Brixius agreed that there is a potential
conflict between public and private interest however, the best
solution was to require proper signage. Council Member Bergeson
noted that people from outside the development will use the trail
and will trespass onto the dock regardless of the signage. This
will make the residents of the subdivision unhappy and they will
call the Police Department who will try to get to the dock area.
This could cause a problem for the Police Department.
Mr. Asleson explained that this matter was discussed at the Park
Board meeting. They felt the most important park issue was to
obtain the appropriate acreage to complete the neighborhood park
in the Shores of Marshan Lake subdivision. They were not willing
to give up any park acreage for something on the lake shore.
Council Member Kuether asked what is the reason for the dock.
Mr. Hokanson said to dock canoes. Mr. Asleson said he did not
see any public use for this dock. There are docking facilities
in the Regional Park and there may be another access constructed
off of Aqua Lane. He also explained that the proposal for the
trail location in this subdivision is in the proper place. It
connects to the existing trail in the Shores of Marshan Lake
subdivision and creates access to the Regional Park. Council
Member Kuether said she understood Mr. Asleson's point, but it is
a safety issue. Council Member Elliott said that she was not in
favor of moving the trail but would be in favor of eliminating
the dock. She noted that the trail will serve the entire
community. Mr. Hokanson said he would place "private property"
signs so that the trail walkers would know they should not
trespass on the dock. Council Member Bergeson asked that item
No. 9 be added to the Planning and Zoning Board requirements
titled, "Appropriate signage along the trail to be worked out
with City staff" to avoid trespass onto private property.
Council Member Kuether moved to approve the Marshan Lake
Condominiums site plan subject to the following conditions:
1. The developer is to either expand the amount of residential
land or reduce the number of housing units in Phase 2 prior
to proceeding with Phase 2 development.
2. A parking setback variance to allow guest parking within
five (5) feet of the project's internal loop street.
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Parking areas must be shown to comply with the five (5) foot
setback. These parking spaces must be landscaped to
reduce the visual intrusion into the yard areas.
3. The site plan must show handicapped parking stalls. No
parking will be allowed in the 28 foot wide private drive
lanes.
4. A detailed landscape plan must be submitted for City
approval which identifies location, species, and size of
plantings. Landscape plans should specifically address
areas along Highway 49 (Lake Drive), landscaping around the
building perimeters, and landscaping around guest parking
areas.
5. Conditions addressing use and design of the proposed lake
access will be incorporated into the development agreements
and homeowners association deed covenants.
6. Developer shall enter into a development agreement with the
City for the Phase I development which provides assurance
that all proposed improvements and performance standards are
completed in accordance with the approved plan.
7. Comments from other City staff, specifically the City
Engineer's review comments outlined in a May 5, 1995 report
and the City Attorney's review comments relating to the
submitted Homeowners Associations Covenants and By -Laws.
8. No outdoor storage of recreational vehicles, boats, trailers
or other equipment shall be allowed in the fire lanes,
driveways, or required parking spaces.
9. Proper signage be established to delineate the public
trailway from areas of private property to reduce incidents
of trespass.
10. The dwelling units will be formatted as outlined on the
letter from Hokanson Development, Inc. as follows: 110
units to be developed now, with 29 units later with a
conditional use permit; eight (8) buildings will have five
(5) units, each with a two (2) car garage; one building has
three (3) units, each with a two (2) car garage; there will
be eight (8) buildings with 12 units each for a total of 96
units, 32 units have two (2) car garages and 64 units have
one (1) car garages; total garages will be 139 (75 with two
(2) car garages and 64 with a one car garage); all units are
two (2) bedrooms to allow for empty nesters with visitors, a
third bedroom will be an option for larger units.
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Council Member Bergeson seconded the motion. Motion carried
unanimously.
Rezone, Willow Ponds for 10 Single Family Homes, FIRST READING,
Ordinance No. 11 - 95 - Mr. Brixius used the overhead projector
to show the location of the Willow Ponds subdivision. The site
was rezoned from R -1 to R -4 PDO to accommodate a 90 unit senior
cottage development. The applicants are now proposing a 47 unit
senior rental project with 10 single family homes. The developer
intends to use the sale of these single family homes to make the
over -all development project work. The site is consistent with
the Comprehensive Land Use Plan, the proposal is compatible with
the surrounding development, the lots conform with the R -1
standards both in density and lot area, all required building
pads are provided and they meet all required set - backs, the
proposed dedication will provide additional right -of -way along
Elm Street, access to Elm Street will be subject to review by
Anoka County, and the rezoning is consistent with the criteria
for considering a rezoning. Mr. Brixius recommended that the
rezone request and the preliminary plat request be approved. The
Planning and Zoning Board concurred with this recommendation.
Council Member Bergeson moved to approve the FIRST READING of
Ordinance No. 11 - 95 and dispense with the reading. Council
Member Elliott seconded the motion. Motion carried unanimously.
Preliminary Plat Review, Willow Ponds - Mr. Brixius explained
that the single family lots and all the multi - family lots conform
with all district standards for their respective districts. They
comply with the lot area requirement, lot width requirement, and
provide adequate set backs. The plat approval should be
conditioned upon five (5) conditions as outlined in the "green
sheet" dated June 22, 1995. These conditions are:
1. Entrance locations to the site must be reviewed and approved
by the Anoka County Highway Department.
2. Forty (40) feet of right -of -way shall be provided north of
the centerline of Elm Street.
3. Utility and grading plans must be reviewed and approved by
the City Engineer.
4. A Development Agreement and Financial Guarantees as
determined by the City Staff shall be submitted prior to any
construction or utility work.
5. A park trail shall be provided along Elm Street and Park
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JUNE 26, 1995
Dedication as determined by City Staff.
Council Member Kuether moved to approve the preliminary plat for
the 10 lot single family home development with the above stated
conditions. Council Member Elliott seconded the motion. Motion
carried unanimously.
FIRST READING, Flood Plain Management Ordinance No. 12 - 95 - Mr.
Brixius provided an overview of this matter. A number of years
ago, Lino Lakes was mandated by DNR and FEMA to update both the
Shoreland and Flood Plain Ordinances to bring it in compliance
with state statutes. A number of changes in the state statues
relate to application and statutory requirements.
The draft Flood Plain Management Ordinance was given to the City
Council in their packets. This Ordinance reflects recommended
language contained in the DNR model ordinance and has been
reviewed by Tom Hovey, DNR Area Hydrologist. Some minor
differences between the City's draft ordinance and the DNR model
concern language consistency with the Lino Lakes Zoning
Ordinance.
Mr. Brixius explained that that the purpose of updating the Flood
Plain Management Ordinance was to keep the City viable for flood
insurance. The ordinance is focused on protecting property and
persons from flood events.
The Planning and Zoning Board held public hearings on the draft
ordinance at their May and June meetings and voted to recommended
approval of the draft ordinance.
Council Member Bergeson noted that the City Council recently
granted a variance relating to the elevation of a floor in a new
addition to an existing house next to Reshanau Lake. He asked if
the variance could have been granted if this proposed ordinance
was already in place. Mr. Brixius said yes the variance
procedure is included in the revised ordinance.
Council Member Elliott moved to adopt the FIRST READING of
Ordinance No. 12 - 95 and dispense with the reading. Council
Member Bergeson seconded the motion. Motion carried unanimously.
FIRST READING, Ordinance No. 13 - 95 Amending the Sign
Ordinance - Mr. Brixius explained that the City Council approved
this ordinance earlier this year. However, the attorney working_
on the Adam's Sign Lawsuit discovered an inconsistency in the
Amended Sign Ordinance and the original Sign Ordinance contained
in the City Code. The most significant inconsistency relates to
the format of the ordinance. One ordinance was formatted with
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Roman numerals and letters and the other was formatted using
common numbers. The only change from the ordinance adopted
earlier this year is the reference of sections which are now
listed in Roman numerals and letters.
Council Member Elliott moved to adopt the FIRST READING of
Ordinance No. 13 - 95 and dispense with the reading. Council
Member Kuether seconded the motion. Motion carried unanimously.
Final Plat, Country Lakes Estates Plat #2 - Ms. Wyland used the
overhead projector to show the location of the subdivision. She
explained that Birchwood Developers, Inc. is requesting final
plat approval for the Country Lakes Estates Plat #2. The
property is located on Reshanau Lake north of Birch Street and
consists of 28 Single Family (R -1) lots. The preliminary plat
for this development was approved by the City Council in June,
1993. Country Lakes Estates Plat #1 was final - platted in May,
1994 and contains 25 lots. Ten (10) of these lots have new homes
constructed on them or have permits pending as of June 22, 1995.
The Development Agreement for Plat #2 was signed by the City and
the Developer in November, 1994 and financial guarantees are in
place. The City Attorney reviewed the title documents in 1994
prior to approval of the first plat. Street and utility
construction is underway and should be completed by the end of
July.
City staff recommended approval of the final plat for Country
Lakes Estates Plat #2.
Council Member Bergeson asked if the City would have a problem
with capacity if these lots were approved. Mr. Powell said no,
the gravity trunk line has now been completed.
Council Member Elliott moved to approve the final plat for
Country Lakes Estates, Plat #2. Council Member Bergeson seconded
the motion. Motion carried unanimously.
CONSIDERATION OF GENERAL FIXED ASSETS POLICY AND PROCEDURES, MARY
VASKE
Ms. Vaske explained when the 1994 Audit was presented to the City
Council, it was noted that the Finance Department would be doing
a complete inventory of City owned property. The City Auditor
suggested that a policy be drafted so that everyone including the
City Council would understand what the Finance Department is
doing and how the policy would be implemented. The inventory
will consist of all assets valued over $500.00 dollars. The City
has a $500.00 deductible on their comprehensive insurance policy.
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An inventory of all assets over $500.00 would identify assets
actually covered by the insurance. In addition the annual
financial statements will include the inventory of fixed assets.
The Finance Department can then apply for the Certificate of
Conformance. All other fixed assets will be identified at the
discretion of the head of each department however, no value will
be placed on them.
In 1994, the City Council authorized the purchase of fixed asset
software system. The software system is here and staff is ready
to begin entering all fixed assets. Stickers to be applied to
the individual fixed asset are bar coded so that eventually the
wand can be purchased and bar code all fixed assets.
Staff has already started identifying and placing stickers on
fixed assets at City Hall. The project will not take long. When
identifying and labeling fixed assets is completed, a computer
report will be generated. The Finance Department will be able to
identify all fixed assets and know where they are located. The
inventory of fixed assets will be taken annually to prove
accountability.
Council Member Kuether moved to approved the General Fixed Assets
Policy and Procedures as submitted. Council Member Elliott
seconded the motion. Motion carried unanimously.
CITY ENGINEER'S REPORT, JOHN POWELL
Consideration of Resolution No. 95 - 76 Approving Plans and
Specifications and Authorizing Advertisement of Bids for the 1995
Sealcoating Program - Mr. Powell explained that sealcoating of
roadways within the City is a maintenance item which is budgeted
for on a yearly basis by the City. Applying a thin coat of
aggregate to an existing roadway helps extend the usefulness of
the roadway by providing a new driving and wearing surface.
Included in this year's project are roadways within Sunnygate,
Third Addition and Fourth Addition, Carole's Estates, Second
Addition, Lakeview Woodlands, and on 77th Street and 79th Street.
The total quantity of sealcoating is about 78,000 square yards.
Mr. Powell recommended that the City Council approve Resolution
No. 95 - 76 for the 1995 sealcoating program.
Council Member Kuether moved to adopt Resolution No. 95 - 76.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 95 - 76 can be found at the end of these minutes.
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Consideration of Resolution No. 95 - 77 Receiving the Trappers
Crossing Feasibility Report and Setting a Public Hearing for
August 14, 1995, 5:40 P.M. - Mr. Steve Heth explained that the
City Council adopted Resolution No. 95 - 51 ordering the
preparation of the feasibility report. The report can now be
received and a public hearing set at which time the details of
the report will be presented. Mr. Heth recommended that the City
Council adopt Resolution No. 95 - 77 Receiving the Report and
Setting a Public Hearing. Council Member Bergeson noted that
some members of the public have already received the report and
felt that the public should not get the report before the City
Council does. Mr. Heth will distribute the feasibility reports
to the City Council prior to giving copies to the public.
Council Member Bergeson moved to adopt Resolution No. 95 - 77.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Consideration of Bids for the Black Duck Pumping Station - Mr.
Heth explained that the City Council adopted Resolution No. 95 -
62 Authorizing Advertisement for Bids for the Black Duck Pumping
Station. Bids were received on June 21, 1995 at 10:00 A.M. The
apparent low bid was 40% higher than the engineers estimate. The
bid is being reviewed to determine the discrepancy with the
engineers estimate. A written report will be delivered to the
acting City Engineer upon completion of the review. A
recommendation on award of the bid will follow.
It was noted that this is the second bid that was substantially
higher than the engineers estimate and asked why this is
happening. Mr. Powell explained in this case only two (2) bids
were received and both bidders have never worked in Lino Lakes.
They have expressed concern because the lift station is in a
"tricky" area as far as soil conditions are concerned. Mr. Heth
said that he will be meeting with both bidders to determine why
they are so much higher than anticipated.
Mayor Reinert noted that if the bidders do not lower their bids,
the project will go out for bids again. He asked if there were
any time constraints on the project. Mr. Powell said the
problems with the current lift station are basically maintenance
problems. As time passes the lift station continues to wear out
and then becomes more maintenance intensive. Mr. Powell said he
would like to get the lift station reconstructed this year.
Other options are being reviewed such as moving the lift station
across the street to another City owned parcel.
Council Member Elliott moved to adopt a motion receiving the bids
for the Black Duck Pumping Station. Council Member Kuether
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seconded the motion. Motion carried unanimously.
Consideration of Resolution No. 95 - 75 Approving Plans and
Specifications and Authorizing Advertisement of Bids for Well No.
4 (Clearwater Creek) - Mr. Powell explained that plans and
specifications for this project were ordered by the City Council
on June 12, 1995. The drilling of the well is scheduled to begin
in early August, 1995 with pumphouse construction to begin when
the drilling is completed. The pumphouse will be bid as a
separate project and should be completed near the end of this
year. The cost of the well will be paid by area and unit charges
that are paid by the Clearwater Creek subdivision. Mr. Powell
recommended that Resolution No. 95 - 75 be adopted.
Council Member Bergeson moved to adopt Resolution No. 95 - 75.
Council Member Neal seconded the motion. Motion carried
unanimously.
Resolution No. 95 - 75 can be found at the end of these minutes.
Consideration of Resolution No. 95 - 80 Adoption of Standards to
Reduce Non -Point Source Pollution - Mr. Powell explained that
non -point pollution involves pollutant materials which are
carried off of the land into receiving waters through rainfall
and snowmelt. The Metropolitan Council has adopted a strategy to
reduce this source of pollution to water bodies in the Metro
Area. The City, through the recent completion of the Surface
Water Management Plan and updating of the Floodplain and
Shoreland Ordinances, has met most of the technical requirements
of the strategy. The remaining area to address to comply with
the Metropolitan Council's strategy is to amend the City's Land
Use Control to incorporate the Plan and revised ordinances. City
Staff would anticipate completion of the Land Use Controls by the
Spring of 1996 in conjunction with an updating of the City's
Comprehensive Land Use Plan.
Mr. Powell noted that this resolution is acceptable to the
Metropolitan Council and recommended its adoption.
Council Member Kuether moved to adopt Resolution No. 95 - 80
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 95 - 80 can be found at the end of these minutes.
Watering Ban Update - Mr. Powell explained that on Tuesday, June
20, 1995, in response to continued hot weather and severe demand
by users, the City instituted a total watering ban. Normally,
the City has an odd -even ban in place between June and November.
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COUNCIL MEETING JUNE 26, 1995
As of this morning, the complete watering ban was lifted . The
odd -even watering ban is still in place. The media has been
notified of the change and the sign board in front of City Hall
has been changed. Staff reading water meters have informed the
public that the watering ban is now on the odd -even schedule.
Over the weekend, the wells and water tower were able to keep up
with the demand. Mr. Powell suggested that the City Council
consider a fine that could be assessed against the property if a
complete watering ban was violated. There were some residents
violating the complete watering ban.
Mayor Reinert said he had received several calls asking when the
watering ban would be lifted.
ATTORNEY'S REPORT, BILL HAWKINS
Consideration of Citizen Petitions - Mr. Hawkins explained that
some citizens have submitted draft ballot questions to him for
his review and comment. The initiative questions deal with the
notification requirements of the Zoning Ordinance and the
Conflict of Interest policy. He noted that he is prepared to
give his review of the notification requirements ballot question
but has not had time to review the Conflict of Interest ballot
question.
Mr. Hawkins has submitted a letter dated June 26, 1995 which
contains his opinion on the proposed ballot initiative regarding
notification requirements. He explained that he sees no legal
problems with the language or the format that is proposed.
However, he did note some recommendations to insure clarity on
the petition and compliance with the City Charter. Mr. Hawkins
noted some concern with the language concerning the
interpretation and the application however, he did not find the
language to be vague or incomplete. He explained that he had
some practical concerns regarding the notification of property
owners that would abutt shoreland even if their property is
beyond 600 feet. Under our present Shoreland Zoning Ordinance,
shoreland is defined as any property within 1000 feet of the high
water mark of protected waters. In the case of rivers and
streams, the distance is less. The practical effect of this
change could possibly require notification of thousands of people
around lakes and streams within the City. This could add
considerable expense to the rezoning process. Based on this
interpretation of this section, he suggested that the drafters
consider other language which would eliminate the massive
notification requirements the City would have to follow if this
was adopted.
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COUNCIL MEETING JUNE 26, 1995
The language pertaining to notification of change in the
Metropolitan Urban Service Area should specifically state which
ordinance it is being added to rather than generally stating
ordinances. If this is done, the language in this section is
adequate.
Mr. Hawkins, in his letter also noted several concerns regarding
the form of the petition itself.
Mr. Hawkins said he is available to discuss these concerns with
the individuals submitting the petition for his review.
CONSIDERATION OF AN ADDENDUM TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO
LAKES AND THE COUNTY OF ANOKA
Mr. Schumacher explained that the City of Lino Lakes and the
County of Anoka have a joint Cooperation Agreement allowing the
City to participate in the Urban Anoka County Community
Development Block Grant (CDBG) Program.
The County has sent the City an addendum to the current agreement
which includes the following:
1. Allowing the city to participate in the HOME Program in
addition to the CDBG Program, and
2. Changing the term to cover the 1996 -1998 programs, and,
3. Addition of definitions required by the change.
The County will need the signed addendum returned to them by June
30, 1995.
Council Member Elliott moved to approve the addendum as presented
to include addition of the Home Program, changing the term to
cover 1996 -1998 and addition of definitions required by the
change. Council Member Kuether seconded the motion. Motion
carried unanimously.
CONSIDERATION OF WAIVING OR NOT WAIVING MONETARY LIMITS ON TORT
LIABILITY PER MINNESOTA STATUTES 466.04., RANDY SCHUMACHER
Mr. Schumacher explained that each year the City has the option
of waiving its monetary limits on tort liability to the extent of
the limits of the excess liability coverage obtained from the
League of Minnesota Cities Insurance Trust. This limit of
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COUNCIL MEETING JUNE 26, 1995
liability insurance is currently $600,000.00 per each occurrence
or incident.
The City of Lino Lakes does carry an additional $1,000,000.00 in
excess liability coverage ($1,000,000.00 per occurrence and
annual limit) in the event that the limits were ever declared to
be unconstitutional.
The City of Lino Lakes has never waived its monetary limits on
tort liability. Mr. Schumacher recommended that the City
continue its policy of not waiving its monetary limits.
Council Member Bergeson asked if multiple $600,000.00 incidents
occurred, would the City still be covered. Mr. Schumacher said
yes each incident will be covered for up to $600,000.00. Council
Member Bergeson asked if there is a maximum dollar figure in the
policy. Mr. Hawkins said every incident will have coverage up to
$200,000.00 per person and maximum of $600,000.00 per incident.
Council Member Kuether moved to approve Mr. Schumacher's
recommendation. Council Member Elliott seconded the motion.
Motion carried unanimously.
CONSIDERATION OF EXTENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR A PILOT ADAPTIVE /INTEGRATED RECREATION PROGRAM
Mr. Asleson explained that included in the City Council packets
was a copy of the original proposal requesting CDBG funds to
start a pilot program establishing an integrated recreation
program for persons with disabilities. Since the ADA act is very
clear concerning the need to pro- actively approach programs and
services for persons with disabilities, a pilot program was
approved by the City Council in February, 1993. Since Lino Lakes
already provides for publicly advertised recreation programs, the
City would be in the best position to initiate the integrated
recreation program and begin compliance with the requirements of
the ADA act.
Mr. Asleson noted that currently the Lino Lakes recreation
program is a combined effort between the City of Lino Lakes and
the Centennial School District. He explained that many
communities develop programs in consortium with other communities
to provide both the normal recreation programs and programs for
persons with disabilities. Facilities, advertising and some
expenses are shared by the each member of the consortium.
Consortium programming can provide quality programs in a cost
effective manner.
Mr. Asleson has contacted several adjoining entities to determine
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COUNCIL MEETING JUNE 26, 1995
if there is an interest in developing a consortium of entities to
develop an Adaptive /Integrated recreation program. Several
entities have expressed interest in this approach to programming.
Mr. Asleson requested the remaining $3,811.93 in the CDBG Fund be
used to hire a person to organize a cooperative program which
would be financed and operated by the consortium.
Council Member Elliott moved to approve the request to extend the
CDBG funds allocated for the pilot integrated recreation program
to December 31, 1995 and to hire a temporary person to establish
the integrated recreation program. Council Member Neal seconded
the motion. Motion carried unanimously.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Consideration of Minutes for June 12, 1995 - Council Member
Elliott moved to approve the minutes as presented. Council
Member Neal seconded the motion. Motion carried with Council
Member Kuether abstaining.
Recognition of Donna Carlson's Appointment to the Fairview
Corporate Board Effective July 1, 1995 - Mayor Reinert explained
that Ms. Carlson has been appointed to a newly created board
dealing with the future construction of a regional hospital in
the I35 corridor north of Forest Lake. He said that Ms. Carlson
is a very active and conscientious person and will represent the
City well on this board.
REMINDER, Special Economic Development Authority Meeting, June
29, 1995, 5:00 P.M.
REMINDER, Special Council Meeting, June 29, 1995, 5:15 P.M.
REMINDER, City Council Budget Work Session, Monday, August 21,
1995
Mr. Schumacher noted that a reporter from the legal newspaper has
not attended several Council meetings. Mr. Schumacher was
directed to write a letter to the legal newspaper requesting the
presence of a representative of the newspaper at every Council
meeting.
Council Member Elliott moved to adjourn at 9:37 P.M. Council
Member Kuether seconded the motion. Aye.
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COUNCIL MEETING JUNE 26, 1995
These minutes were considered corrected and approved at a regular
Council meeting held on July 24, 1995.
\%
/
Marilyn//G. Anderson,
'ii
Vernon F. Reinert,
Clerk - Treasurer Mayor
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Council Member Bergeson
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 95 -75
introduced the following 1
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR WELL NO. 4.
WHEREAS, pursuant to a resolution passed by the Council on June 12, 1995, the
Engineer has prepared plans and specifications for Well No. 4 Improvements and has
presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published to ten days, shall specify the work to be done, shall state that
bids will be opened and bids will be received by the City Clerk until 10:00 A.M.
on Friday, July 21, 1995 at which time they will be publicly opened in the Council
Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and
will be considered by the Council at 6:30 P.M. on Monday, July 24, 1995 in the
Council Chambers. Any bidder whose responsibility is questioned during
consideration of the bid will be given the opportunity to address the Council on
the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Lino Lakes City Council this 26th day of June, 1995.
Marilyn G. Anderson
Clerk- Treasurer
91
Vernon F. Reinert, Mayor
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Neal and upon vote being
taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: None.
Whereupon said resolution was declared passed and adopted.
1 40
Council Member Kuether
resolution and moved its adoption:
introduced the following
CITY OF LINO LAKES
RESOLUTION NO. 95 -76
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR THE 1995 SEAL COATING PROJECT.
WHEREAS, the Engineer has prepared plans and specifications for the 1995 Seal
Coating Project and has presented such plans and specifications to the Council for
approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published to ten days, shall specify the work to be done, shall state that
bids will be opened and bids will be received by the City Clerk until 10:30 A.M.
on Friday, July 21, 1995 at which time they will be publicly opened in the Council
Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and
will be considered by the Council at 6:30 P.M. on Monday, July 24, 1995 in the
Council Chambers. Any bidder whose responsibility is questioned during
consideration of the bid will be given the opportunity to address the Council on
the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Lino Lakes City Council this 26th day of June, 1995.
fl' =1 �.
Manlnderson
Y
Clerk- Treasurer
Vernon F. Reinert, Mayor
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Elliott and upon vote being
taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: None
Whereupon said resolution was declared passed and adopted.
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Council Member Bergeson
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 95 - 77
RESOLUTION RECEIVING THE TRAPPER'S CROSSING FEASIBILITY REPORT AND
SETTING A PUBLIC HEARING
WHEREAS, pursuant to resolution of the City Council adopted June
12, 1995, a report has been prepared by Steve Heth (SEH)
with reference to the improvement of Trapper's Crossing,
and this report was received by the City Council on June
26, 1995.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Council will consider the improvement in accordance
with the report and the assessment of abutting property for
all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 and the Lino Lakes City
Charter at an estimated total cost of the improvement of
$954,000.00.
2 A public hearing shall be held on such improvement on the 14th
day of August, 1995, in the council Chambers of the City Hall
at 6:40 P.M. and the Clerk shall give mailed and published
notice of such hearing and improvement as required by law.
Adopted by the Lino Lakes City Council this 26th day of June, 1995.
Marilyn
Vernon F. Reinert, Mayor
Anderson, Clerk - Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
141
142
Council Member Kuether
and moved its adoption:
introduced the following resolution
RESOLUTION NO. 95 -80
CITY OF LINO LAKES, MINNESOTA
RESOLUTION PERTAINING TO STANDARDS TO REDUCE NON -POINT SOURCE
POLLUTION FOR THE CITY OF LINO LAKES, MN.
WHEREAS, the City of Lino Lakes, MN has adopted a Local
Surface Water Management Plan which incorporates the Nation Wide
Urban Runoff Program (NURP) standards for the design of new
stormwater ponds and the MPCA's urban best management practices
titled Protecting Water Quality in Urban Areas to the review of any
proposed development occurring in the City of Lino Lakes to reduce
nonpoint source pollutant loadings in stormwater runoff, and
WHEREAS, it is the intent of the City of Lino Lakes to
complete a Comprehensive Land Use Plan Amendment, by June of 1996,
and
WHEREAS, it is the intent of the City of Lino Lakes to amend
Land Use Controls to incorporate the Local Surface Water Management
Plan by the June of 1996, and
WHEREAS, the City of Lino Lakes has adopted a Shoreland
Management Ordinance and a Floodplain Management Ordinance,
reviewed and approved by the MN Department of Natural Resources,
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City
of Lino Lakes hereby authorizes the initiation of studies to amend
the Comprehensive Land Use Plan including Local Land Use Controls
to incorporate the Metropolitan Council's recommended NURP
Standards, the MPCA's urban best management practices and the
City's Local Surface Water Management Plan by June of 1996.
Approval of the Comprehensive Land Use Plan including Local
Land Use Controls are subject to review and response of the
Metropolitan Council.
Approved by the Council of the City of Lino Lakes, MN this
26th day of June, 1995
ATTEST:
Marilyn G Anderson, Clerk - Treasurer
Vernon F. Reinert, Mayor
1
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: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said Resolution was declared duly passed and adopted.
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LINO LAKES CITY COUNCIL
MINUTES
DATE: June 29, 1995
TIME: 5:21 p.m.
MEMBERS
PRESENT: V. Reinert, J. Bergeson, S. Kuether, A. Neal, L. Elliott
MEMBERS
ABSENT: None
OTHER
PRESENT: Brian Wessel, Community Development Director
Ron Batty, Bond Consultant
Mary LaForest, Economic Development Assistant
PUBLIC HEARING FOR ESTABLISHMENT OF A PROGRAM FOR DEVELOPMENT
DISTRICT NO. 3 AND THE PLAN FOR TIF DISTRICT NO. 3 -1
Mayor Reinert opened the public hearing at 5:21 p.m. to receive comments regarding
the establishment of Development District 3 and the plan for TIF District 3 -1. Mr.
Wessel explained that Development District 3 included all of the Clearwater Creek
Development Center (excluding the Laborer's Training Center) and the Rural Business
Reserve. TIF District 3 -1 included all the general business and light industrial
properties, excluding the training center, on the I -35E /County Road 14 interchange.
Mayor Reinert requested comments. None were received. Councilmember Elliott
moved to close the hearing. Councilmember Kuether seconded the motion. Motion
passed unanimously. The hearing was closed at 5:22 p.m.
RESOLUTION #95 -81 APPROVING THE PROGRAM FOR DEVELOPMENT DISTRICT
NO. 3AND THE PLAN FOR TIF DISTRICT NO. 3 -1
Mr. Wessel explained that all actions necessary to establish a new development
district and TIF District in the Clearwater Creek Development Center on 1 -35E had
been completed, and it has been determined that this district will promote economic
145
development within the city. Councilmember Elliott moved to approve Resolution #95-
81. Councilmember Kuether seconded the motion. Motion passed unanimously.
ADJOURNMENT
Councilmember Elliott moved to adjourn. Councilmember Bergeson seconded the
motion. Motion passed unanimously. Meeting adjourned, 5:23 p.m.
These minutes were considered, corrected and approved at a regular City Council
meeting held on July 24, 1995.
Marilyn Anderson, Clerk - Treasurer