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HomeMy WebLinkAbout05/26/1992 Council Minutes (2)30 COUNCIL MEETING MAY 26, 1992 CITY OF LINO LAKES COUNCIL MINUTES DATE :! May 2 6, 992 TIME STARTED '0.1....:4:14:',R .M. . TIME ENDED .! 10 :3 .P... MEMBERS' PRESENT.: Reinert:, Neal, Kuether, Elliott,. Bergeson MEMBERS ABSENT 'None Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineers, John Powell and Dan Boxrud; Public Works Director, Don Volk; Auditor, Fred Espe; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. Council Member Kuether asked that an item titled Water Tower be added to New Business. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried with Council Member Kuether and Council Member Bergeson abstaining. ITEM MINUTES: Municipal Election Canvass Board, March 25, 1992 Council Work Session, May 6, 1992 Regular Council Meeting, May 11, 1992 DISBURSEMENTS: May 26, 1992 Centennial Fire Department PAGE 1 DISPOSITION Approved Approved Approved Approved Approved 1 1 1 COUNCIL MEETING MAY 26, 1992 REGULAR AGENDA OPEN MIKE John Herman, 7859 Lois Lane and Kevin Kroell, 7839 Lois Lane - Mr. Herman explained an issue that has been plaguing him and Mr. Kroell for some time. There is an area of land between their homes approximately 100 feet by 200 feet owned by them that has been collecting run -off water since 1987. Mr. Herman noted that both homes were constructed in 1978 and no water problems were experienced until 1987. However, since 1987 there has been a constant water problem with water sometimes accumulating to 15 to 16 inches. A pump was purchased and there was an attempt to pump the water to another area. However, the grass was ruined, trees have been destroyed and the mound septic system of Mr. Herman had to be replaced. Mr. Herman noted that he is still experiencing problems with the septic system. Mr. Herman explained that he contacted TKDA to find historical data regarding the subdivision. He was given copies of maps of existing conditions and elevations. Mr. Herman said he was told by Mr. Schneider, then an employee of TKDA that this was an approved subdivision and some or all of the responsibility for the water problem fell to the City. Mr. Schneider was then hired by the City and Mr. Herman contacted Mr. Schneider again and was told that the problem was bigger than what was originally thought. During this period of January, 1992, Mr. Herman and Mr. Kroell contracted to have dirt hauled into the low area to alleviate the problem of water seeping into his mound septic system. The City stopped the filling explaining that a permit was required and certain engineering data was required for the permit. Mr. Herman was also told that this area may fall in the realm of the new wetland legislation that became effective January 1, 1992. Mr. Herman then contacted the Rice Creek Watershed District (RCWD) to get some resolution regarding the wetlands legislation issue. He met with the RCWD engineer and was told that there are two (2) drainage ponds in the subdivision and all drainage should go to that area. This is not happening near his home because drainage is blocked by a driveway and drainage from five (5) or six (6) lots is now accumulating on their properties. Mr. Montgomery, the engineer from the RCWD states in a letter that this area is not a wetlands concern. Mr. Herman said he did not know that a permit was needed to haul in the fill dirt. Mr. Herman and Mr. Kroell asked the City Council for cooperation in seeking relief from this water problem. Mr. Kroell explained that there are two (2) issues in this matter. The first issue is gaining positive drainage from this PAGE 2 31 32 COUNCIL MEETING MAY 26, 1992 area. The second issue is that a grading plan is required. He noted that there is a high water table in this area and appealed to the City for assistance to drain water away from their homes. He noted that both lots were approved by the City and did not feel that they should provide the engineering data needed to design a grading plan. Mayor Reinert noted that there have been other problems in this area. He noted that bringing in fill dirt would divert the water to the next lots. Mr. Herman noted that the lots around them are considerably higher than their lots. Mr. Schneider explained that he received the RCWD report this evening. He explained that bringing in fill dirt will not solve the problem. He also noted that much of the fill dirt is peat and could not say what will happen when it is mixed with the water. Mr. Schneider said that the best solution would be to develop an outlet to 4th Avenue by way of an underground pipe. The cost could range from $10,000.00 to $12,000.00. At this time Mr. Schneider said that he did not have time to work on this matter. Mr. Kroell said that his concern is time. Mr. Schneider said that he will take the matter to the staff meeting June 3, 1992 and report back to the City Council on June 8, 1992. He invited Mr. Herman and Mr. Kroell to attend both meetings. Mayor Reinert said that if further information is needed, the matter will be placed on the June 3, 1992 Council Work Session. Esther Newcome, Metropolitan Council Representative - Mrs. Newcome introduced herself to the City Council and explained that she has been the representative for Lino Lakes on the Metropolitan Council for about one (1) year. She updated the City Council regarding matters before the 1992 legislature that were of importance to the Metropolitan Council. Transit capital funding and light rail transit were two (2) of the more important issues. Other items considered important were the regional parks and recreation_ facilities funding, a water supply plan and a water supply guideline for municipalities. Mrs. Newcome explained that one (1) of the more controversial bills introduced into the legislature was a bill to limit bonding for extending the intercepter sewer line into certain areas. This bill could have greatly affected the ability to extended sewer service in Lino Lakes. The bill was referred to the Hubert Humphrey Institute for study and the study will be given to the 1993 legislature. Mrs. Newcome noted that the Metropolitan Council will be redistricted in 1993. She noted that it is still unclear how PAGE 3 1 1 1 1 COUNCIL MEETING MAY 26, 1992 this matter will be resolved. Mrs. Newcome noted that the Metropolitan Council will hold regional meetings and will be looking for local input regarding many matters under consideration by the Council. Mayor Reinert noted that the transit system appeared to be favoring the southern communities at the expense of the northern communities. He felt that the northern communities do not get the same consideration although these communities pay a fair share of the support of the transit system. Mrs. Newcome said that the Council is trying to resolve this problem and noted that there appears to be a problem with the transit system plan. Mr. Schumacher explained that the City of Lino Lakes is in the process of swapping some public property for some property in the regional park. He asked for Mrs. Newcome's assistance in this matter. Mayor Reinert thanked Mrs. Newcome for coming this evening. CONCEPT ENDORSEMENT - GOLF COURSE, ALAN ROBINSON PROPERTY Mr. Schumacher explained that this matter was discussed at the May 20, 1992 work session. Mr. Robinson is developing a golf course on his property in the northwest corner of Lino Lakes and has asked that the City officially approve the concept of a golf course in that area. Mr. Schumacher has checked the current zoning ordinance and a golf course is a permitted use. However, a site plan is required. Mr. Schumacher has spoken with Mr. Robinson and he is aware of the requirements. At this time, he is only asking if the City Council would take a position as to whether or not a golf course on his property, in this area, is a good idea. Mr. Schneider explained that Mr. Robinson is unable to attend this evening and he did not state whether action on this matter was urgent. Mr. Robinson does have a letter from the Army Corp of Engineers (ACORP) and Mr. Robinson must respond to it. Mayor Reinert noted that the staff is requesting time to gather information regarding the golf course. He also noted that the Park Board and the Planning and Zoning Board are aware that Mr. Robinson is planning a golf course, however, neither board has reviewed a plan. Council Member Bergeson explained that Mr. Robinson is looking for a quick response and asked if the City Council could approve the idea subject to review by the Park Board and the Planning and Zoning Board. Mayor Reinert said that during the Council work session last Wednesday, all Council members generally agreed that the golf course was a good idea. PAGE 4 33 34 COUNCIL MEETING MAY 26, 1992 However, certain procedures have to be completed before the Council can adopt a motion. Council Member Bergeson explained that Mr. Robinson is only looking for acknowledgement of his concept at this time. After further discussion on this matter, the matter was referred to the Park Board and should be placed on their June 1, 1992 agenda and brought back to the City Council on June 8, 1992. PLANNING AND ZONING BOARD REPORT Site Plan Review, Variance, T. Turcotte, Outlot A, Otter Lake Estates - Outlot A is an outlot created in 1977 as part of Otter Lake Estates and contains approximately 14 acres. The current zoning is Suburban Residential Executive (SR -X) which allows for 2 1/2 acre unsewered lots. Due to the environmentally sensitive nature of the site the City would encourage the limited low density development planned by Mr. Turcotte which is one (1) home on the site. A variance would be required for lot width since it is a lot which is required to have an 180 foot width and for fronting a lot on an unimproved City street. Outlot A can be accessed via a 60 foot wide right -of -way which was originally platted to be a City street when Outlot A was developed. This access meets all other City regulations. The staff has reviewed the request and recommends that in lieu of constructing a fully operational City street on this right -of -way a variance be granted to allow a private driveway agreement to be drafted between the property owner and the City allowing for the private temporary use of the public right -of -way. An agreement was drafted by the City Attorney. The Planning and Zoning Board has reviewed the request and recommend approval of the lot width variance and the variance to allow the use of the street right -of -way as driveway with execution of the driveway agreement and the condition that the request be reviewed by the Fire Chief. The Fire Chief has reviewed the site and indicated that he had no problem with the request. Council Member Elliott moved to approve the variances and site plan as submitted with execution of a driveway agreement prepared by the City Attorney. Council Member Neal seconded the motion. Motion carried unanimously. Site Plan Review, Variance, A. LeTourneau, Outlot B - Mr. Schneider explained that this request is similar to the above request. Outlot B was created in 1977 when Otter Lake Estates was platted and contains approximately 9.9 acres. It also has a 60 foot right -of -way access. It is zoned as Outlot A (SR -X) and PAGE 5 1 1 COUNCIL MEETING MAY 26, 1992 the Planning and Zoning Board has reviewed a request to build one (1) single family dwelling on the Outlot. Variances are needed for lot width and for construction of a private driveway on the public right -of -way. Council Member Bergeson said he understood that when these two (2) outlots were platted, it was understood that at some point in the future the lots would be platted and developed. Mr. Schneider agreed and said a "ghost plat" had been provided for the outlots. Council Member Neal moved to approve the variances and site plan as submitted with execution of the driveway agreement prepared by the City Attorney. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, APOLLO DRIVE IMPROVEMENT Mr. Schneider explained that because of an error in the notice procedure the original public hearing was held but another public hearing was scheduled to comply with the notice procedure. On April 13, 1992 the City Council ordered the preparation of plans for the project and responded to questions from the public. A special informational meeting was held on March 30, 1992. There have been other meetings and discussions with the business property owners and the Correctional Facility officials. Recently there was an informal informational meeting at city hall for all the property owners in the area both business and residential at which time alternate roadway configurations were discussed. The Minnesota Department of Corrections has submitted a letter to the City relative to the impact of the project on the Lino Lakes Correctional Facility. The letter explains the reluctance of the officials to publicly discuss some of the impacts of the improvement in more detail. Mr. Schneider used the overhead projector and showed various alternatives that have been developed. He noted the properties that are proposed to be assessed and noted that if Apollo Drive becomes a county state aid road, the right -of -way width must be 150 feet and the roadway must be 52 feet wide. He also explained that if Apollo Drive were to remain a city state aid street, the right -of -way would be 60 feet and the roadway must be 44 feet wide. Mr. Schneider gave a cost summary of the improvement and explained that if the street becomes a county state aid street, County Municipal State Aid funds will be received in the amount of approximately $2,000,000.00. The balance of the cost of the improvement would be assessed to the benefiting property owners. PAGE 6 35 36 COUNCIL MEETING MAY 26, 1992 Mr. Schneider explained that it is critical that a project be awarded prior to September 1, 1992. After that date the City of Lino Lakes will be penalized and loose approximately $40,000.00 of state aid funding. Mr. Schneider discussed the specifications of the improvement and showed the different proposed alignments. He noted that a home is very close to the right -of -way at the very west end of Apollo Drive. He noted that Mr. Powell had been to the site last Friday and staked the area of the proposed right -of -way. This portion of the street has been re- aligned and is more suitable to the private landowner. One concern expressed by the residents along Marvy Street is that if Apollo Drive becomes a county street, there will be limited access to Apollo Drive. This will diminish the ability of the Marvy Street residents to subdivide and develop their lots. Mr. Schneider explained the proposal of one landowner to trade Outlot C, which is wooded, with a parcel to the west which is wetland. This would allow the drainage area to moved from a developable area. Mr. Schneider explained that it is proposed to move the center portion of Apollo Drive further to the north. He explained that there would be less impact on the Correctional Facility with this alignment. The construction of Apollo Drive is proposed to be completed in two (2) phases. The first phase would consist of the west end of the street and the center portion. The east end of the street will be completed at a later date. Mr. Schneider noted that one (1) reason for this delay is to allow time for the State of Minnesota to evaluate the proposal of turning back to Anoka County a portion of Highway 49. MnDOT is very interested in this proposal and will start the process of evaluating the cost of upgrading Highway 49 before it is turned back to Anoka County. This also allows additional time to work out the final alignment of the east portion of Apollo Drive. Mayor Reinert opened the public hearing at 8:12 P.M. Mark Suggs, 46 Marvy Street noted that all four (4) planned access streets to Apollo Drive for the Marvy Street properties are located to the east of his property so that the south end of his lot will be landlocked. He explained that he originally purchased his lot with the intention of someday subdividing the lot as he was told he could do. He asked why he and his neighbors to the west are being landlocked. Mr. Schneider said that it may be possible to get one (1) more access street from Anoka County, however the drainage easements along the south end PAGE 7 1 1 1 COUNCIL MEETING MAY 26, 1992 of the westerly lots would make it difficult to develop the lots. Mr. Suggs noted that his neighbor to the west had the drainage easement on his lot moved and suggested other drainage areas could also be moved. Mr. Schneider explained that the new wetland regulations may make this difficult. He suggest that an internal street be constructed to serve all the south portion of the lots south of Marvy Street. A resident on Marvy Street said that constructing an internal street would cost the lot owners twice the amount. Chuck Johnson, 120 Marvy Street asked why the access to Apollo Drive was changed. Mr. Schneider said that this was suggested by another property owner. Mr. Johnson said he did not like this suggestion and did not want it. He said it did not make sense. Mr. Schneider explained that the idea was to provide a route for utilities to serve Sunset Oaks in the future. He explained that not all the residents on the south side of Marvy Street are in agreement as to whether their lots should be developed or not. Some lot owners want to have berms and be protected from Apollo Drive and other want to subdivide. Mayor Reinert noted that the plans presented this evening are not finalized. Mr. Johnson asked what was the purpose to move Outlot C and Mayor Reinert explained it was to save the trees. Mr. Johnson said that this plan would be of no value to him and he did not want it. He said he did not want anything close to his house. Steve Leese, 74 Marvy Street said he has the possibility of two (2) prime building lots and this plan would landlock him and not allow him to subdivide. Chuck Jacaway, Minnesota Correctional Facility explained that at this time the Correctional Facility stands neutral on the need for Apollo Drive. The Correctional Facility has agreed to prepare figures on costs to move the fence. However, he noted the real issue is land. He noted that the Commissioner of Corrections will make the final decision regarding issues of security, hidden operation costs during construction and permanent costs for rebuilding the fence. Mr. Jacaway also noted that if the fence is moved there will be the issue of less space. There is also the issue of a moderate speed thoroughfare located very close to the facility. He noted that it may taken as long as 60 days for the Commissioner to study all the issues and make a decision on the matter. Mr. Jacaway noted that one (1) positive issue would be the road to the east. Mayor Reinert explained that the City has a positive goal in this PAGE 8 37 38 COUNCIL MEETING MAY 26, 1992 matter and that is to increase the tax base of the City. Steve Leese, 74 Marvy Street asked why the construction of Apollo Drive did not start from the east side and not the west side which is the residential side. The goal would be to service the industrial area and it seemed it would be easier to start from the east. He also noted that he had contacted the City of Blaine and they have no plans to connect to Apollo Drive. Mr. Schneider explain that 109th Street is a county street and he has had conversations with the Anoka County Engineer regarding this matter. He also noted that the main access to Apollo Drive will be Lilac Street. However, it is necessary to plan the entire route. In addition, the entire process has received the attention of MnDOT and they want the opportunity to improve their road system. Delores Ramsden, 518 Lilac Street asked how many feet Apollo Drive will be from her house. Mr. Schneider explained that the right -of -way will be 65 feet from her house and the actual blacktop and curb will be 89 feet from her house. Darrell Phillips, 158 Marvy Street asked if the right -of -way has been increased from the first proposal. Mr. Schneider said yes another 17 feet. He also noted that a temporary right -of -way will be required, however, this right -of -way will be return to the property owner when the construction is completed. The additional right -of -way is for the construction of a berm. Mr. Phillips said he did not care for the berm and wanted it left off his property. Mr. Phillips said if Anoka County will only allow four (4) access points onto Apollo Drive does this mean four (4) for the north side of Apollo Drive and four (4) for the south side of Apollo Drive. Mr. Schneider said yes, the outlets on the south side will be streets and not driveways. Mr. Phillips noted that this is currently a proposal. He asked when would the proposal become fact. Mr. Schneider said that there would be room for alternates until the final plans are completed and approved by the City Council. Council Member Kuether noted that a frontage street along the north side of Apollo Drive in the Marvy Street area could be constructed. It was noted that this would be very costly and the Marvy Street homeowners would have to bear the costs. Mr. Phillips noted that noone has asked the Marvy Street residents if they would accept an assessment. Mr. Phillips noted that this proposal shows two (2) stubs going into the Marvy Street lots and this could be subject to change. PAGE 9 1 1 1 COUNCIL MEETING MAY 26, 1992 He noted that when most of the Marvy Street residents purchased their property they were told that at some time in the future when utilities were available, a street would be constructed and they would be able to subdivide their lots. Most lot buyers felt this was a good investment. Now we find this was not a good investment. Mayor Reinert noted that in developing areas, most landowners face changes and told Mr. Phillips that when he purchased his home he was told a golf course would be constructed behind his home. Now there are many residences there and no golf course is in sight. Mr. Suggs felt this situation was different and the Marvy Street residents have a lot to loose. A lady in the audience asked what the speed limit would be. Mr. Schneider explained that the speed limit would be set by the Commissioner of Highways. Tim Peters, 550 Lilac Street noted that the location of Apollo Drive would take almost one (1) entire industrial lot from him. He asked if he would be compensated. Mr. Schneider said yes, the City does purchase the right -of -way and the price is based on the zoning as well as other factors. Council Member Neal moved to close the public hearing at 8:48 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Mayor Reinert noted that the Council will take no action on this matter unless all of the landowners who will be assessed, petition to waive 50 of the 60 day waiting period. He also noted that not every landowner will get what they want. There is no way to please everyone. 1991 AUDIT REVIEW, TAUTGES, REDPATH & COMPANY, LTD. Mr. Fred Espe, Tautges, Redpath & Company, Ltd. presented the 1991 annual financial report. Mr. Espe had spend approximately 1/2 hour prior to the regular Council meeting reviewing the report with the City Council. He presented a brief overview of the financial report as follows: 1. State funding will continue to affect financing municipal government. The levy limits were lifted for 1992. 2. Beginning June 1, 1992, all municipalities will pay sales tax on purchases by local governments. A $5.21 water connection fee will be collected from all residents connected to the municipal water system. This fee will be remitted to the Department of Revenue and will be used for testing water supplies. PAGE 10 39 40 COUNCIL MEETING MAY 26, 1992 3. The State has reduced aids to municipalities. 4. General Fund balance increased approximately $95,000.00 to approximately $1,200,000.00. Mr. Espe said that he concurs with the City position of generating fund balance reserves. 5. Mr. Espe noted that the Sewer and Water Utility Fund continues to see losses. However, this trend should change as the utility system expands. Mayor Reinert noted that the Annual Financial Report and the Management Report are available for inspection by the public and encouraged all those with questions to contact the city hall. Mr. Schumacher explained that these two (2) reports are the "bible" the City lives by. He noted that all funds are stronger this year except for the Sewer and Water Utility Fund. The City Council will monitor this fund. Mayor Reinert thanked Mr. Espe for attending this evening. Council Member Neal moved to accept the 1991 Annual Financial Report and the Management Report as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Bergeson noted that several suggestions were made by the auditor. He asked that Mr. Schumacher report on whether he agrees with the suggestions and how long it will take to implement response to them. Mayor Reinert explained that this is usually done prior to preparing the following years budget. The City Council took a five (5) minute recess at 8:58 P.M. PUBLIC HEARING, SHORES OF MARSHAN LAKE, PUBLIC IMPROVEMENTS Mr. Schneider explained that this plat is located on Lake Drive in the area where Forjay Green Houses operated. A feasibility report was prepared by TKDA. The subdivision consists of 54 lots and the estimated cost of the improvements is $857,549.46 which would be assessed entirely to the developer of the subdivision. Mayor Reinert opened the public hearing at 9:05 P.M. Mr. John Powell, TKDA used the overhead projector and outlined the improvements proposed for this subdivision. He noted that utilities will be extended from the Wenzel Farms area and a temporary lift station will be constructed near the southwestern portion of the subdivision. Mr. Powell also noted that the water line scheduled to be constructed along Lake Drive will be a 12 inch line that can be extended north when other property is PAGE 11 1 1 1 COUNCIL MEETING platted. MAY 26, 1992 Mayor Reinert asked for comment from the audience. There were no comments. Council Member Elliott moved to close the public hearing at 9:12 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Schneider explained that since Mr. Menkveld closed on the property, cleanup has proceeded. However, there is some cleanup to do and this will be monitored. Mr. Schneider explained that there is no action required by the Council at this time. The 60 day waiting period will begin. He will contact the developer to determine if he wishes to petition to waive 50 of the 60 day waiting period. PUBLIC HEARING, BRANDYWOOD ESTATES, SECOND ADDITION, PUBLIC IMPROVEMENTS Mr. Schneider explained that a feasibility report was prepared by SEH and considered all the public improvements necessary to serve the 14 lot Second Addition. The total cost of the improvement is $191,413.00. This cost will be totally assessed to the developer of Brandywood Estates, Second Addition. Mayor Reinert opened the public hearing at 9:14 P.M. Mr. Boxrud, SEH used the overhead projector and outlined the area of the project. He noted that streets are planned to be constructed heavier than the first addition because of poor soil conditions. All utilities are available to the site. Mayor Reinert asked for comments from the audience. There were no comments. Council Member Kuether moved to close the public hearing at 9:18 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Schneider explained that the City Council cannot take action on this matter for 60 days. He will contact the developer to determine if he wishes to petition to waive 50 of the 60 waiting day period. SECOND READING, ORDINANCE NO. 08 - 92, REQUIRING SOLID WASTE COLLECTION SERVICE FOR EVERY RESIDENTIAL HOUSEHOLD AND BUSINESS PAGE 12 41 42 COUNCIL MEETING MAY 26, 1992 IN LINO LAKES Mr. Volk explained that Ordinance No. 08 - 92 was introduced and discussed at the May 11, 1992 City Council meeting. Since that time there has been no additions or deletions to the ordinance and no comments have been received from the public. Mr. Volk noted that this ordinance will require all property owners to have collection service. Council Member Elliott moved to adopt the second reading of Ordinance No. 08 - 92. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 08 - 92 can be found at the end of these minutes. ENGINEERS REPORT Consideration of Resolution No. 92 - 63 Ordering Plans and Specifications for Brandywood Estates, Second Addition - Mr. Schneider explained that Brandywood Estates, Second Addition is being proposed in accordance with the previously approved preliminary plat. The details of the final plat and development contract are complete, subject to City Council approval of minor variances. The developer has requested that the City Council authorize preparation of plans and specifications at this time so that they will be complete by June 8, 1992 when the developer will present a petition to waive 50 of the 60 day waiting period so that the City Council may order the improvement. This will not be a financial risk to the City should the public improvement process go awry on or after June 8th. Council Member Bergeson moved to adopt Resolution No. 92 - 63 ordering preparation of plans and specifications for Brandywood Estates Second Addition. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 63 can be found at the end of these minutes. Resolution No. 92 - 70 Establishing Surface Water Management Charges - Mr. Schneider noted that presently the City charges developing properties and those being serviced with utilities on the basis of a policy established in 1990. This policy was used on the Section 18 and 19 area and was limited in scope. Developers were allowed to earn credits as they accomplished these levels of surface water drainage in their plats. This policy did not allow for the development of a local surface water management plan or develop projects to improve water quality. PAGE 13 1 1 1 COUNCIL MEETING MAY 26, 1992 The proposed policy recognized these needs and yet allows the developer to achieve appropriate credits. It is important to develop a method of funding the completion of the local surface water management plan. Resolution No. 92 - 70 will allow the City to develop a funding plan for local surface water management plan. Mayor Reinert questioned item No. C (4) in Resolution No. 92 - 70. He asked that this item be further defined. Mayor Reinert asked about item No. E. Mr. Schneider explained that the ENR Index is used to adjust several different rates and is used nationwide. It means that the rates will increase about 2% to 2 1/2% annually. Council Member Kuether asked about the reserve now in place for the Surface Water Management. Mr. Schumacher explained that this fund is more than $20,000.00 in the red although the City Council has designated CDBG funds for this use and assessments have been collected in 1991 and 1992. Mr. Schneider explained that he has calculated that with the new proposed rates, the fund will only break even. He also noted that he has received requests from a couple of developers who have asked to be considered under the old Surface Water Management Plan. Council Member Bergeson asked Mr. Schneider to translate the proposed rates into cost per acre. Mr. Schneider said that it would be approximately $4,000.00 per developable acre. He noted that at this time the rate is one half this and the fund is not gaining any balance. Mr. Schneider also noted that this is a charge that cannot be assessed to a particular development. Mr. Schneider said that he plans to have the Surface Water Management Plan completed by the end of the year. He noted that initially the largest expense from this fund will be to fund the cost of the Plan itself. Mr. Schneider explained that there is a need to maintain the Plan. Mr. Gary Uhde was in the audience and expressed concern because in Lino Lakes the developer can only get about two (2) units per acre. He noted that this Plan could raise the cost of a lot about $2,000.00. Mr. Uhde said he was not aware of any surrounding communities who charge this large of a fee. Mr. Schneider said he is familiar with several communities south of the metro area who have similar or even larger fees. He also said that credits are available. Mr. Uhde said he is concerned that this may affect the continued growth of the City. Mr. Schneider reminded Mr. Uhde that wetlands that cannot be developed are excluded. Council Member Bergeson asked in the rural area, if someone PAGE 14 43 44 COUNCIL MEETING MAY 26, 1992 splits 10 acres from a 40 acre farm, would that person have to pay $40,000.00? Mr. Schneider explained that this pertains to developments only, not rural property. Mayor Reinert felt that the City Council should be pro- active and not incur problems and pay later. He said that Lino Lakes has a nice environment but the City Council does have to be active in dealing with the water management issue. Mr. Uhde said this will have the most impact on a first time home buyer. This could price them out of the market. He asked if the fee could be increased over a period of time. This would lessen the impact and allow time for input into the Plan. Mayor Reinert explained that the fund is already in the red and cannot be continually subsidized. Mr. Schumacher said that the City has already received telephone calls regarding the condition of some areas. He noted that the City Charter prohibits assessing or levying for this activity. Council Member Bergeson asked for more information regarding projected revenues to this Fund and asked if this resolution could be temporarily tabled until all the financial information is available. Mayor Reinert suggested that the Council go to the next agenda item to help clarify this issue. Status Report, Local Surface Water Management Plan - Mr. Schneider explained that the Local Surface Water Management Plan consists of three (3) volumes. Volume No. I is the Policy Document. This volume identifies the basic issues towards which management efforts will be directed. The policy plan includes goals and policies and identifies what is to be accomplished and what actions are necessary. Mr. Schneider noted that the consultant has submitted a summary of the project to date from a cost standpoint and an updated proposal for continuing the process. The City staff is planning to review Volume I and receive comments regarding Volume I from the City Council. It is planned to review this project in depth and consider authorizing work on step 2 at the next City council meeting on June 8th. Council Member Elliott explained that this has been mandated by state legislation and if the City does not proceed, the RCWD will control surface water management policies in this City. Continuing with this process will allow the City to control its own destiny. Mayor Reinert said that the City Council is committed to the Plan and now it is a matter of how to implement a plan and how to pay for the plan. PAGE 15 1 1 1 COUNCIL MEETING MAY 26, 1992 Mr. Schneider said that the Council could delay action on Resolution No. 92 - 70. However, it should be implemented before the moratorium is lifted. Council Member Bergeson said that since the City is in a moratorium, the only thing being considered at this time is one (1) single family residence at a time. He said he would feel more comfortable seeing all the financial data on the Plan and not just the fee schedule and would like action on the resolution delayed. Council Member Bergeson said he would like additional time to see if the fee schedule is excessive at this point in time and will it have a negative impact on development. Mayor Reinert said that the City Council made a commitment to a program and the program is running in the red. Mr. Schneider said that the resolution can be amended at any time if it is determined that the rate is not appropriate. Mr. Schumacher said that Step I has been completed. Steps II and III are expensive and the fund is running in the red. He noted that the Sections 18 and 19 improvement cost more than $65,000.00 and no easements have yet been acquired. Mr. Schneider said he would have more information in late summer or early fall that will give the City Council a better idea of how the Plan is operating. He explained that it is his intent to pay for the Plan in about two (2) years. His figures' are based on work done south of the metro area and felt that the numbers were not excessive. Council Member Elliott moved to adopt Resolution No. 92 - 70 Establishing Surface Water Management Charges. Council Member Neal seconded the motion. Council Member Bergeson asked how much money expended is project specific and how much is for the entire City. Mr. Schneider said that in a specific project, the developer pays about one half (1/2) and earns credit for the other half. This Plan meets project costs only. Council Member Bergeson asked if people who develop in the next year will pay for the entire Plan. Mr. Schneider said no, a water quality plan must also 'be prepared. Council Member Bergeson said he did not disagree with the need for a plan, he was concerned that the City does not overcharge initially and stop development. Voting on the motion, motion carried with Council Member Bergeson voting no. Change Order, Pheasant Hills, Second Addition - In the summer of 1991 during construction of Pheasant Hills Preserve, First Addition, the developer Ed Vaughn asked that the City consider extending sanitary sewer and water services westerly beyond the first addition toward the Centennial School property. Watermain and forcemain had already been installed in this street alignment PAGE 16 45 46 COUNCIL MEETING MAY 26, 1992 in order to complete the basic utility improvements to the future lots along Pheasant Hills Drive. The purpose in installing these facilities in the fall of 1991 was to allow the utility trenches to settle over the winter so that Mr. Vaughn could begin the second phase of development in 1992 by simply constructing street and drainage improvements. With the utility trenches presettled, the street construction would presumably be less expensive. The City Council agreed to Mr. Vaughn's request, and on August 7, 1991 a letter feasibility report was completed identifying the scope of the improvements at an estimated cost of $27,000.00. The report indicated that the work could be added to the current contract with Rice Lake Contracting by change order in order to expedite the process and keep the bidding cost down. A hearing on the improvement was held on September 23, 1991 and on October 8, 1991, the City Council ordered the improvement by Resolution No. 101 - 91, subject to the change order and appropriate development contract amendment being executed. In the intervening time, the developer has proposed a second addition in an adjacent area. The developer is having the improvements privately installed with City Council permission. These improvements are anticipated to be installed this year. Nice (9) lots would be fully serviced by these developer - installed improvements. The developer has evaluated the market for his lots and his financial condition, and has determined that he would still like to extend the sanitary sewer which was considered last fall and approved by the City Council. This would allow for utility trench settlement over the coming winter and cost effective street construction in 1993 to service 11 future lots. The details of the development contract and financial guarantees have been worked out with the developer to address the nine lots being served by the developer in the Second Addition and the 11 future lots to be served with utilities by the City. Upon signature on the development contract, the City could sign the attached change order allowing for installation of the additional sanitary sewer in the near future per the developer's wishes and City Council approval last fall. Mr. Boxrud explained that it is best to install utilities and let them settle over the winter. There will be another advantage in that the developer will be assessed further trunk costs earlier than was planned. Council Member Neal moved to approve Change Order No. 3 in the amount of $19,270.00. Council Member Elliott seconded the PAGE 17 1 1 1 1 1 1 COUNCIL MEETING MAY 26, 1992 motion. Motion carried unanimously. FIRST READING, Ordinance No. 10 - 92 Connection to Water Utility Required - Mr. Schneider explained that this ordinance is similar to an ordinance pertaining to sanitary sewer utility that had its second reading at the first Council meeting. Ordinance No. 10 - 92 provides for a similar initiation of hookups to existing systems with the failure of the on -site (well) water system. Council Member Kuether moved to approve the first reading of Ordinance No. 10 - 92. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF AUTHORIZING ANOKA COUNTY PARK LAND ACQUISITION Mr. Schumacher explained that the Anoka County Park Department has requested to purchase approximately 30 acres from the Charles Cape property for regional park purposes. Mr. Cape cannot access these acres from his present location, access can only be gained through the park. This inability to access the land makes it undevelopable for Mr. Cape. Funding has been secured through Metropolitan Council for this project. Mr. Torkildson, Anoka County Parks Director has outlined a two (2) step process. The first step would be for the County to acquire the Cape property and the second step would be that the City and the County negotiate details on surplus land at the end of Marshan Lane. Council Member Kuether expressed concern regarding the two (2) step method. Mr. Hawkins explained that the acquisition of regional space was funded by the Federal government. He noted that the County had to go back to the Federal government and secure release of the property. Mayor Reinert asked if the City had any assurances that the County would carry out their part of the process. Council Member Kuether asked if the County pays the Capes $50,000.00 for their property, does this mean that the City will have to pay $50,000.00 for the property acquired from the County? Mr. Hawkins said that the County will not do anything further on this matter until the City agrees to the two (2) step plan. Mr. Schumacher noted that the County will not agree to purchase the Cape property until the City agrees to the plan. Mr. Hawkins noted that the Cape property is not essential to the County. Mr. Schneider explained that the County needs the support of the City regarding obtaining wetland around Sherman Lake and Wards Lake. It was also noted that if the City does enact a resolution or other method of tying the two (2) steps together, there could be a problem with both the Metropolitan Council and the federal government. After further discussion, Council Member Neal moved to authorize step one as outlined in the "green sheet" and proceed with step PAGE 18 47 48 COUNCIL MEETING MAY 26, 1992 three. council Member Elliott seconded the motion. Motion carried with Council Member Kuether voting no. Council Member Neal moved to approve a variance for the remaining 7.5 acres owned by the Capes. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether voting no. Council Member Kuether said she was concerned about the final outcome of this matter. ATTORNEY'S REPORT Fina Sign, Variance Requirements - Mr. Hawkins explained that he has reviewed the information submitted by FinaMart and the City Zoning Ordinance and have determined that it will be necessary for FinaMart to make an application for a variance from the sign requirements. There is an existing sign which exceeds the minimum square footage allowed by the ordinance and FinaMart wishes to replace the old sign with one that is smaller but still in excess of the requirements. Since this would be an entirely new sign, the existing sign criteria must be applied and a variance would be required. FinaMart has been notified of these requirements. Mr. Schumacher asked Mr. Hawkins if FinaMart wishes to leave the old sign in place, would a variance be required. Mr. Hawkins said no, the sign would be "grandfathered ". No action is required on this matter at this time. OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of Renewal of Gambling License for Centennial Fire Relief Association, Shirley Kaye's - Mrs. Anderson explained that the City Council recently approved a transfer of a gambling license for the Centennial Fire Relief Association from My- Place- On- The -Lake to Shirley Kaye's. The annual renewal of this license is July 1, 1992. The Centennial Fire Relief Association is requesting that this license be renewed. Police Chief Campbell has indicated that there has been no problem with this operation. Since the actual amount of time of operation of this gambling license has been only one and one half (1 1/2) months, there is nothing to report regarding compliance with the City Code. Council Member Elliott moved to approve the renewal of the PAGE 19 1 49 COUNCIL MEETING MAY 26, 1992 gambling license for the Centennial Fire Relief Association for Shirley Kaye's. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Beer License for St. Joseph's Catholic Church August Festival - Each year St. Joseph's Catholic Church hold their annual August Festival. Each year the City of Lino Lakes issues a beer license to St. Joseph so that they can sell beer to the public. The Chief of Police has indicated that there has never been a problem with this event. An insurance certificate has been issued for the event. Council Member Kuether moved to approve the beer license for St. Joseph's Catholic Church August Festival. Council Member Elliott seconded the motion. Motion carried unanimously. Water Tower - Council Member Kuether said she had noticed "things" hanging from the Circle Pines water tower and wondered if they were antenna. She felt it look terrible and would consider not placing antenna on the Lino Lakes water tower. Mr. Schneider explained the "things" hanging on the Circle Pines water tower are shrouds needed for repainting the water tower. They are a maintenance item. Common Ground Meeting - Mayor Reinert noted that meetings have been set for June 2, 1992 and June 3, 1992 for the Common Ground subcommittees. Council Member Kuether said she would not be available that week but would be available the following week. Mayor Reinert noted other items included in his Council packet. Council Member Neal moved to adjourn at 10:35 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on June 8, 1992. Marilyn G. Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 20 50 Council Member Elliott moved its adoption: introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 08 - 92 AN ORDINANCE REQUIRING SOLID WASTE COLLECTION SERVICE FOR EVERY RESIDENTIAL HOUSEHOLD AND BUSINESS IN LINO LAKES. The City Council of the City of Lino Lakes ordains: 507.01 PURPOSE It is the intent of the City Council, by means of this ordinance, to require the collection of mixed municipal solid waste throughout the City so that the disposal of such materials is. accomplished in a sanitary manner so that the health and sanitary conditions of the residents of the City is properly safeguarded and so that the City is in compliance with the State of Minnesota and Anoka County mixed municipal solid waste management mandates. 507.02 SHORT TITLE This ordinance shall be known as the Solid Waste Collection Ordinance of the City of Lino Lakes, County of Anoka, State of Minnesota. 507.03 DEFINITIONS For the purpose of the Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural. "City" is the City of Lino Lakes, County of Anoka, State of Minnesota. "Collection" means the aggregation of mixed municipal mixed municipal solid waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. "Mixed Municipal Solid Waste" means garbage, refuse, and other mixed municipal solid waste residential, commercial, industrial, and community activities which is generated and collected in aggregate, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, materials collected, processed and disposed of as separate waste streams. "Garbage" means animal, vegetable, or other putrescible wastes, but excluding sewage or other forms of water- carried wastes. "Refuse" means nonputresible mixed municipal solid wastes such as glass, crockery, cans, paper, boxes, rags, but excluding ashes, sand, earth, brick, stone, concrete, trees, tree branches, and'wood. "Hauler" means a collector and transporter of mixed municipal solid waste from any household or commercial establishment. 507.04 RDA SOLID WAS'1'E COLLECTION Pursuant to Minn. Stat. 115A.941, every person who owns within the City for business, commercial or residential for collection service for mixed municipal solid waste, may accumulate upon such property at least once a week, do business in Anoka County_ 507.05 SOLID WASTE STORAGE or occupies property purposes shall contract as defined herein, which with a hauler licensed to The owner, occupant, and /or the person in control of any residential property, business establishment, or industry, shall be responsible for the satisfactory storage of all mixed municipal solid waste accumulated at the premises, business establishment, or industry. I. CONTAINER REQUIREMENTS A. Garbage shall be stored in durable, rust- resistant, non- absorbent, watertight, rodent - proof, and easily cleanable containers, with close- fitting, fly -tight covers and /or disposable plastic bags with tightly sealed openings. Refuse shall be stored in durable. containers. Where garbage is stored in combination with refuse, containers for the storage of the mixture shall meet the requirements for garbage containers. B. All containers for the storage of garbage and refuse shall be maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers that are broken or otherwise fail to meet requirements of this ordinance shall be replaced with acceptable containers. 507.06 SOLID WASTE DISPOSAL Disposal of any mixed municipal solid waste collected within the City, by any private hauler shall be done only at places specifically designated by the Anoka County, as stated in the Anoka County Ordinance No. 73 -1, 82 -1, 83 -2, 83 -3, 84 -2, 85 -5, 86 -1, 88 -1, 88 -4, 88 -5, 89 -1, 91 -1 and 92 -2 Section IX, Subsection 4_ Allowable exceptions are any materials listed as exempt in this ordinance. 507.07 ENFORCEMENT AND PENALTY Any person, firm, or corporation violating the provisions of this ordinance, after September 1, 1992, shall be guilty of a petty misdemeanor. 51 52 Passed this 26th day of May , 1992 by the Lino Lakes City Council. Signed this 26th day of May , 1992. ATTEST: h lu Marilyn Anderson, Clerk Treasurer Vernon F. Reinert, Mayor The notion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof.: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon the said ordinance was declared duly passed and adopted. LUJRDIN . DOC 1 1 1 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 63 RESOLUTION ORDERING PREPARATIONS OF PLANS FOR BRANDYWOOD ESTATES, SECOND ADDITION IMPROVEMENT WHEREAS: a certain petition requesting the improvement of Brandywood Estates was duly presented to the Council on the 23rd day of March, 1992, and WHEREAS: pursuant to resolution of the Council adopted March 23, 1992, a report has been prepared by Dan Boxrud, SEH with reference to the improvement, and this report was received by the Council on April 13, 1992; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property in Brandywood Estates, Second Addition named as the location of the improvement. 2. Dan Boxrud, SEH is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of May, 1992. Vernon F. Reinert, Mayor C MatiilynjG. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether 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. 53 54 Council Member Elliott resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 92 -70 RESOLUTION ESTABLISHING SURFACE WATER MANAGEMENT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: WHEREAS, the City of Lino Lakes is in the process of preparing a Local (Surface) Water Management Plan for the purposes of managing the requirements of the 1991 Wetland Conservation Act and other needs created by development in the City, WHEREAS, development of new land areas has an effect on the functioning and balance of the surface water drainage system, WHEREAS, it is necessary for the City to maintain a Surface Water Management Fund to meet Administrative, Planning, Ponding, Mitigation, and Water Quality needs of Surface Water and Wetland management .imposed by both State of Minnesota and Federal Government regulations and legislation, WHEREAS, estimated costs have been determined for Administration, Planning, Ponding, Mitigation, and Water Quality needs, WHEREAS, it is necessary to develop a revenue source to meet the needs of this funding, WHEREAS, it is necessary to set rates to provide for the participation of developing properties in maintaining the Surface Water Management Fund, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: A. Six levels of charges are established by this Resolution. These levels are established to allow a project or a developer to earn credits toward satisfying components of the six levels for work done. Maximum credit for any component may not exceed the value of that component at the appropriate applied rate. Subwatershed channels and ponds eligible for credit are identified on the City subwatershed drainage map. Local ponds, channels, and storm sewers are at the cost of the project or development. Water Quality projects will be identified by the Water Quality Task Force in response to governmental regulations and legislation and needs of the City. B. The Surface Water Management charges set by this resolution shall be imposed: 55 1. On new plats, or developing commercial, industrial and institutional parcels of property. 2. On previously platted but underdeveloped property as a condition to the City allowing the construction of roads or installation of public utilities. 3. On storm sewer improvement projects. C. The Surface Water Management charges shall be: 1. Type I - Single- family and Two- family Lots: 2. Type II - Multiple Family Lots 3. Type III - Commercial /Industrial/ Institutional Property 4. Unplatted Property - To be determined by the City Engineer based upon he amount of runoff generated, based upon the type of present and future property use. D. Six-levels of charges are set by this Resolution Rates are in dollars per square foot. Land Use Type I II III 1. Administration by City Officials $ 0.01 $ 0.014 $ 0.015 2. Local(Surface)Water Management Plan .03 .040 .045 3. Subwatershed Hydrologic Planning .005 .007 .008 4. Subwatershed Channels /Culverts /Trunks .028 .038 .042 5. Subwatershed Ponding .01 .014 .015 6. Water Quality Projects .01 .014 .015 TOTAL $ 0.093 $ 0.127 $ 0.140 E. These rates will be adjusted annually by proportional application of the ENR Index. F. This policy will go into effect immediately upon passage of this resolution by the City Council. G. This Resolution shall be updated from time to time to reflect a shifting of costs from one level to another or overall increased costs. Adopted by the Council this 26tthay of May 1992. Vernon F. Reinert, Mayor n; 1 C4 l Marilyn GI Anderson, Clerk - Treasurer