Loading...
HomeMy WebLinkAbout03/27/1989 Council Minutes0 18 COUNCIL MEETING MARCH 27, 1989 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M., Monday, March 27, 1989. Council Members present: Neal, Bohjanen, Reinert, Bisel. Council Members absent: None. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. Public Works Director, Don Volk arrived later in the meeting. CONSIDERATION AND APPROVAL OF MINUTES Mr. Bisel moved to approve the minutes of March 13, 1989 as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Bisel moved to approve the disbursements of March 27, 1989 as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE Red Cross, Laurie Richmond - Ms. Richmond appeared to update the Council regarding the work of the Red Cross in Anoka County and throughout the world. She outlined the programs provided by this organization. A fund raising event call the "swim across" was outlined and Ms. Richmond noted that Mayor Benson will be participating. The event is scheduled for April 27, 1989 at Fred Moore Junior High School. Twenty one Mayor's from Anoka County will be participating. Civic organizations will sponsor the Mayors and the goal is to raise two cents per capita in Anoka County. Mayor Benson thanked Ms. Richmond for updating the Council this evening. CONSIDERATION OF ORDINANCE NO. 03 — 89, FIRST READING — CHARTER AMENDMENTS Mr. Schumacher explained that on February 27, 1989 the Lino Lakes Council reviewed a proposed Charter Amendment. The Council requested that the amendment be returned to the Charter Commission for further review of the area relating to language that would allow individual landowners to petition out of improvement projects. The amendment forwarded to the Council tonight was approved by the Charter Commission and allows individual property owners to petition out of a particular improvement project. Mr. Reinert felt that accepting the first reading of the ordinance would be premature. Mr. Schumacher explained the -Council must set a public hearing date on the proposed amendment and the amendment must be published in the legal 019 COUNCIL MEETING MARCH 27, 1989 paper. If there are to be changes to the proposed amendment, the changes would be brought forward at the public hearing. Mr. Hawkins noted that the first reading could be held tonight or at the public hearing. However, this document must be published with the notice of the public hearing. Mrs. Anderson read Ordinance No. 03 - 89. Mr. Bisel moved to approve the first reading of Ordinance No. 03 - 89 and set the public hearing for April 27, 1989 at 7:30 P.M. Mr. Bohjanen seconded the motion. Mayor Benson noted receipt of a letter from Mr. David Storberg, 6978 Lake Drive opposing passage of the proposed ordinance. Voting on the motion, motion carried with Mayor Benson and all four Council Members voting, yea. Motion carried unanimously. Ordinance No. 03 - 89 can be found at the end of these minutes. CONSIDERATION OF ORDINANCE NO. 02 — 89, FIRST READING, PARK TRAILS REQUIREMENT Mr. Volk noted that this item has been before the Council on January 23, 1989 and the Council asked the Park Board to answer several questions about the proposed trail system. Mr. Volk explained that he had contacted sixteen cities with trail systems questioning them about the cost of mainenance, infringement on private property, motorized vehicles and insurance costs. Maintenance costs vary greatly and infringement on private property has posed no serious problems in these communities. Use of trails by motorized vehicles was curbed by placement of signs. The biggest problem in this area was caused by snowmobiles. The City insurance carrier did not feel that a trail system would add any additional liabilty for the City and there would be no extra costs. Mr. Volk showed a map of the proposed trail system and explained the map to the Council. The Anoka County Parks Department has seen a similar map and officials there did not see a problem with linking the City trails system with the Chain of Lakes Regional Park trail system. There was discussion regarding a possible conflict between pedestrian and bicycle use. Mr. Volk explained how this could be resolved. He also explained citizen demand would determine if the trail system would remain open during the winter months. Mr. Volk recommended that the Council pass the first reading 0O COUNCIL MEETING MARCH 27, 1989 of Ordinance No. 02 - 89, complete the plans for the trail system and start construction of the system. Mayor Benson asked if Chief Campbell has reviewed the ordinance. Mr. Volk said no but he will check with him to be sure there is proper language to control the system. Mr. Reinert asked how trash and litter would be controlled. Mr. Volk said this matter was discussed at the Parks Supervisors Association meeting and surprisingly this is not a problem in residential areas but can be a problem near school grounds. He noted the worst maintenance problems occur in the winter months. Mr. Bisel moved to approve the first reading of Ordinance No. 02 - 89 as presented. Mr. Bohjanen seconded the motion. Voting on the motion, Mayor Benson and all four Council Members voted yea. Motion carried unanimously. Ordinance No. 02 - 89 can be found at the end of these minutes.` PUBLIC HEARING - RICHARD SHOPPE PRELIMINARY PLAT - HIDDEN POND Mayor Benson opened the public hearing at 7:30 P.M. Mr. Miller explained that Mr. Shoppe owns three lots in Sunset Oaks and has presented a preliminary plat showing the combination of the three lots into one lot. Each of the three lots are two areas and this will create one six acre parcel. Since the current three lots are in a platted subdivision the only method of combining the lots is by replatting. The Planning and Zoning Board has reviewed the preliminary plat and has recommended approval. Mr. Miller said that he was unaware of any problems or concerns with this request. There was no one in the audience to speak for or against the request. Mr. Bohjanen moved to closed the public hearing at 7:37 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the preliminary plat of Hidden Pond as presented on the map attached to P & Z No. 89 - 04. Mr. Reinert seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Easement Negotiations, Rustic Lane - Mr. Hawkins explained that a meeting was held on March 20, 1989 with the five residents on Rustic Lane to negotiate an easementacquisition for the West Central Trunk Sewer and Water mains. A proposal was delivered to the residents on Wednesday, March 15, 1989. The residents indicated that they had not had a chance to COUNCIL MEETING MARCH 27, 1989 02 discuss the proposal fully and suggested another meeting for Monday evening, April 3, 1989. Mayor Benson said he had no problem with this and asked for comments or questions from the Council. Mr. Bisel was concerned that this may delay the improvement project. Mr. Hawkins said that he has started the process for a ghick take on all of the required easements, so that this would not have an effect on the start of construction. The City will have access by July 1, 1989. Mayor Benson stated that he felt the money issue was very close, however there were several concerns that the residents wanted to discuss among themselves. Mr. Neal noted that the City Engineer has suggested an alternate route for the trunk lines that would avoid these lots on Rustic Lane entirely. Mr. Volk explained that costs for this alternate route (run main lines from North Road north on Sunrise Drive to Rustic Lane then on Rustic Lane to Gladstone to the current location of the trunk lines) are more than originally proposed. However, Mr. Stahlberg noted thht.since the shopping center at Lake Drive and Highway No. 49 is planned for construction in 1989, a revision of the trunk lines locations should be considered so that the shopping center area can be serviced without the need for parallel lines in this area. He also noted that if the trunk lines were relocated to Sunrise Drive there would be potential for additional connections. Mr. Stahlberg further noted that the demand for services on the trunk lines to be installed has increased two to three times more than originally planned. He said he is looking at the need for another lift station sooner than planned. Mr. Stahlberg explained that the situation boils down to when you spend the dollars because the dollars will have to be spent sooner or later. He also explained that if the alternate route is chosen, the need to cross wetlands will be eliminated. Mr. Neal asked why this route was not considered some time ago. Mr. Bisel noted that this route was pointed out to the Council at the beginning of the project and was not considered. Now that the shopping center is a reality, the entire picture for this area is changing. Mr. Miller noted that construction plans are scheduled for 1989. There was discussion regarding whether or not to schedule another meeting with the Rustic Lane landowners. Mr. Bisel felt a settlement could be reached and be contigent upon whether or not the alternate route would be needed. Mr. Knieff, 6856 Rustic Lane said it appeared to him that the Council is saying that either the Rustic Lane residents accept the City offer or the City will reroute the trunk lines down the street and then the residents will be - assessed. Mayor Benson said that this is not the case, the City will have to provide services to the shopping center and COUNCIL MEETING MARCH 27, 1989 the City will do this in the most effective manner. Residents on Rustic Lane will not be assessed unless they decide to connect to the serives. Mr. Stahlberg said he would have further information for the Council at the April 10, 1989 meeting. Mr. Reinert asked Mr. Stahlberg if the alternate route appeared to be the most expedient? Mr. Stahlberg said yes and it appears to best in the long haul for Lino Lakes. It also is most logical in terms of availability in terms of maintenance. PUBLIC HEARING - VARIANCE AND VACATION OF SOME EASEMENTS - LOTS IN LAKES ADDITION NO. 3, ROGER NELSON Mayor Benson opened the public hearing at 7:47 P.M. Mr. Miller explained the background of this request. The City has attempted to sell fourteen lots on Black Duck Drive to Mr. Nelson. These lots were tax forfeit and were purchased by the City for resale to recoup some of the assessments. Mr. Nelson was the successful bidder on the lots and he is in the process of obtaining all the necessary permits to build on some of the lots. Mr. Miller pointed to a map behind the Council which indicates the setback variances needed and easement vacations needed to make the lots buildable. If setback variances are granted, Mr. Nelson will be able to build house twenty nine feet from the road surface. The P & Z Board has recommended denial of the variances. However due to the litigation currently surrounding these lots Mr. Miller suggested that the Council re- examine the issue. Mr. Reinert noted that at time the Council was told that these lots were not acceptable because of environmental reasons and asked what has changed to make them more suitable. Mr. Schumacher explained that the City does have documentation indicating that several of the lots are buildable. He also noted that this request is before the Council so that the lawsuit regarding the lots can be settled. Mr. Hawkins gave a brief explanation of the lawsuit and suggested that since this matter is in litigation, the Council meet in closed session either now or at a latter date to discuss the matter. Mr. Reinert said he was concerned that we do not get ourselves or future buyers into trouble with possible flooding. Mr. Neal noted that barrow material for filling these lots is proposed to be taken from Outlot F. He explained that residents around Outlot F have been maintaining this property and have been told that in the future they may have the opportunity to purchase portions of the Outlot and add to their lots. The Council recessed to a closed meeting to discuss this 1 COUNCIL MEETING MARCH 27, 1989 matter at 7:59 and the Council meeting was called back to order at 8:17 P.M. to continue the public hearing. Mr. Bisel moved to close the public hearing at 8:18 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to grant easement variances for lots 1 through 7, Block 7, Lakes Addition No. 2 and lots 1 and 6 through 8 in Block 10, Lakes Addition No. 3 and vacation of a portion of easement on Lots 1 and 6 through 8, Block 10, Lakes Addition No. 3. This approval does not include a grading permit for the lots in question or permission to remove any material from Outlot F. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING, REZONE — HENRY LASKA Mayor Benson opened the public hearing at 8:20 P.M. Mr. Miller explained that this request is to rezone a parcel of land at 8312 Lake Drive from Suburban Residential to General Business'. , Mr. Laska lives at this address and is operating a construction business from this property. Mr. Kluegel has advised Mr. Laska that outside storage of the commercial equipment is prohibited. Mr. Laska then agreed to have the equipment moved by December 1, 1988 but has since submitted a rezone request. Mr. Miller listed the six findings of fact for denial that are detailed in the February 8, 1989 P & Z Board minutes. He noted that the Council can deny the request based on the findings, but direct the Economic Development Committe and P & Z Board to study the area adjacent to Lake Drive north of Main Street for possible rezonings. Mr. Miller recommended that the rezone request be denied. Mr. Laska explained that he felt the entire area should not be zoned residential due to the large amount of traffic on Lake Drive and because the area just north in Columbus Township is being developed commercially and the existing commercial area across the street from him. He noted that he has submitted a petition to all of his neighbors regarding the rezone request and everyone has signed it. Mr. Neal asked how many people are employed by his business. Mr. Laska explained about fifteen during the summer season with a payroll of about $200,000.00. Mr. Bohjanen noted that the entire length of Lake Drive was zoned until just a few years ago. Mr. Reinert asked Mr. Laska if he knew what the zoning was when he purchased the property. Mr. Laska said he did not check but assumed it was commercial because of the adjoining commercial property. .Mr. Reinert moved to close the public hearing at 8:28 P.M. Mr. Bohjaren seconded the motion. Motion carried COUNCIL MEETING MARCH 27, 1989 unanimously. Mr. Bisel asked what alternatives did Mr. Laska have if the rezone was denied. Mr. Miller said Mr. Kluegel will notify Mr. Laska that he will have to move his equipment. However if this matter is r 'eferred to the EDC no action will be taken until it is resolved. Mr. Bisel asked if Mr. Laska could request a Conditional Use Permit. Mr. Miller said no. Mr. Bisel asked what the implication is for Mr. Laska if this matter is referred to EDC. Mr. Miller explained that Mr. Laska needs to be located in an industrial zone to comply with zoning regulations and he did not see that this area would be rezoned to industrial. Tim Rehbein noted that Columbus Township has commercial zoning near Mr. Laska and asked if this would have any bearing on Mr. Laska's request. This is a matter that the EDC and P & Z Board will deal with. Voting on the motion, motion carried unanimously. Mayor Benson explained that he does sympathize with the applicant, however the findings for denial are very valid. He said it was unfortunate that Mr. Laska did not check the zoning before he purchased the property. Mr. Neal moved to accept Option No. 2 from the "green sheet" and refer the matter to the EDC and the P & Z Board to restudy the area. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - WOODRIDGE ESTATES II, PRELIMINARY PLAT Mayor Benson opened the public hearing at 8:37 P.M. Mr. Miller explained that this plat is for six lots immediately adjoining the west edge of Woodridge Estates I. The street servicing Woodridge Estates would be extended to the west to service these lots. Mr. Miller noted that a second portion of this request is for a variance for lot frontages on Lots 1 - 9, Block 1, Woodridge Estates I. He explained that the reason for the variance is that when the surveyor went out and actually surveyed the property there was less footage that originally thought. The lots could be made to conform to the zoning code but that would mean the north /south road planned to connect to Laurene Avenue would have to be moved to the east. This would cause a hardship on the landowner to the north of Woodridge Estates I. The road would not be located to serve his property. The variance if granted would mean that each lot indicated above would be undersized by two and eight tenths feet. The P & Z Board has recommended the approval of - this request. 1 025 COUNCIL MEETING MARCH 27, 1989 Mr. Miller told the Council that if this preliminary plat is approved, it will be added to Woodridge Estates I for the final plat. There was no one in..the audience to speak for or against the preliminary plat of4Woodridge Estates II. Mr. Bohjanen moved to close the public hearing at 8:40 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the prelim=inary plat of Woodridge Estates II included the variance requests as indicated on Mr. Millers memorandum of March 21,1989 and as indicated on Planning and Zoning applications No. 89 - 07 and No. 89 - 08. Mr. Bohjanen seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT - JOHN MILLER Request from Vernon and Marilyn Anderson to Grant a Street Easement"f.or Aspen Lane Extension - Mr. Miller explained that Aspen Lane dead ends at the Miers /Anderson property line. The Anderson's are beginning the process of platting their property and to assure the required width for Aspen Lane as it is extended west into their property requires that the Miers grant an easement for one half of the street. The request has been reviewed and approved by the P & Z Board. Mayor Benson asked if Aspen Lane would eventually be extended all the way to Old Birch Street and Mrs. Anderson explained that it would be impossible as there are homes on Old Birch Street and the required road width would not be available. Mr. Bisel asked if there would be a turn around where Aspen Lane ends. Mrs. Anderson explained that it has not been decided if it would end in a cul -de -sac or a "t" since a preliminary plat has not yet been drawn. Mr. Miller noted that one of the recommendations of the P & Z Board was for the Council to request that the City Engineer prepare a street and utility plan for this entire area. The Anderson's plat would then be drawn to conform to the area plan. Mr. Reinert moved to accept the P & Z Board recommendation for accepting the easement from the Miers and allowing the Andersons to subdivide. Mr. Bisel seconded the motion. Motion carried unanimously. PLANNERS REPORT - JOHN MILLER Report on Citizens Meeting Regarding Petition for Street Improvements on East 62nd Street, Resolution No. 18 - 89 - Request for Engineering Study - Mr. Miller explained that he, Mr. Stahlberg and Mr. Kluegel met with about fifty residents as authorized by the Council and talked about the lack of a cross street in this area as well as the possible extension 026 COHNCIL MEETING MARCH 27, 1989 of sewer service. Each individual agreed the street situation is poor and they were especially concerned about fire and police protection. At this time 24th Avenue (Elmcrest) is impassable in spots. It was agreed that City staff would ask the•Council for approval of a feasibility study for street pafterns in this area and a feasibility study for sewer installation. The cost of the feasibility study would not exceed $3,000.00. Mayor Benson noted that he had been in the area about a week ago and found the road nearly impossible. He asked what was being done in this area. Mr. Volk explained that the problem is that this street is almost totally in Washington County. He has been in contact with them and they are assuming responsibility for grading. Mr. Volk also noted that this is a situation that is not unique to Lino Lakes. Mr. Miller explained that at the meeting residents expressed the desire to help out their neighbors and felt the meeting was very positive. He recommended that the Council approve the feasibility request. Mr. Bisel moved to approve Resolution No. 18 - 89 authorizing TKDA to prepare a study in the amount not to exceed $3,000.00 for this area. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Miller said that he would be advising the residents when the study is completed. Resolution No. 18 - 89 can be found at the end of these minutes. Consideration of Request for Proposals for City Hall, Police, Fire and Public Works Space Needs - Mr. Miller explained that in February the Council directed architects to study the City's building needs. A Request for Proposal form has been completed and Mr. Miller asked that the Council direct the staff to submit the form to twin city area architects so that they can submit proposals to the City. There were questions regarding whether this proposal would tell the Council how many buildings would be needed and where they should be located or if one multiple purpose building would be adequate. Mr. Bisel moved to approve the Request for Proposals form and directed the staff to submit it to twin city area architects. Mr. Reinert seconded the motion. Motion carried unanimously. Set Public Hearing Date for Street Name Change from 7th Avenue to West Shadow Lake Drive for April 24, 1989, 7:45 P.M. -Mr. Reinert moved to set this public hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. LIASON REPORTS 1 1 1 COUNCIL MEETING MARCH 27, 1989 Planning and Zoning Board - Mayor Benson explained that the new members attending this meeting became involved right from the beginning. He felt this group would work well together. There was discussion regarding training and meeting with the EDC so that each Board could understand where each is going and how to interact.' Three proposed Tilsen subdivisions took most of the time during this meeting. Park Board - Mr. Neal noted that Arbor Day is planned for April 29, 1989, 10:00 A.M. to 3:00 P.M. A big day is planned and he noted several events. He also noted that Mr. Hoffman is doing an excellent job and there will be an article written about him in the Minneapolis Tribune or St. Paul Press. The DNR is using Lino Lakes as a test area for some tree diseases. Mr. Reinert asked if the Park Board had ever considered planting trees and shrubs on City owned outlots and open spaces that have not any particular usage. He felt that this would be better than allowing them to grow into scrub trees and bushes. Mr. Neal said that the Boy Scouts will be planting trees and Mr. Reinert suggested that these areas be looked at for planned planting. Economic Development Committee - Mr. Bisel explained that this Committee is concerned that there be some coordination of activity between the EDC, Park Board and the P & Z Board. A closer working relationship is needed so that there will be no duplication of work or infringement upon another board or committees work area. There is also a concern as to whether or not the EDC should get involved with land use issues. Mr. Reinert suggested that the EDC needed a "mission" statement. It appears that each board or commission broadly understand their roll but need more clarification. Mr. Bisel said that sometimes the EDC tends to wander and asked for clarification of their role. OLD BUSINESS Statutory Limits of Liquor Licenses - Mr. Hawkins has suggested that the City set a policy regarding issuing new liquor licenses using critera such as capital investment or any other critera that the Council so wishes. Mr. Bisel said he liked Mr. Hawkins concept but would like more information or alternatives. Mr. Bisel moved to not issue any more liquor licenses until critera is established for two licenses for hotel /motel establishments and for one based on some other critera to be established. Mr. Reinert seconded the motion. Motion carried unanimously. Fire Steering Committee Meeting - The meeting was set for Thursday, April 6, 1989 at 4:00 P.M. NEW -BUSINESS 023 COUNCIL MEETING MARCH 27, 1989 Resolution No. 17 - 89, Funding for Street Construction in Minnesota - Mr. Schumacher explained that this resolution supports the continuation of motor vehicle excise tax funds as they relate to funding for street construction in this state. Mr. Reinert moved to approve this resolution and forwarded it to the Governor, State Legislators and the Commissioner of Transportation. Mr. Bohjanen seconded the motion. Motion carried unanimously. This resolution can be found at the end of these minutes. Mayor Benson suggested that Mr. Schumacher bring some items discussed at the December 3, 1988 meeting to the attention of these same representatives. Mr. Schumacher suggested that the City wait until after the legislative conference to do this. Consideration of Ordinance No. 04 - 89 Amending Ordinance No. 17 - 89 Regulating Lawful Gambling - Mr. Hawkins explained that the Gambling Ordinance is generating more money than what can'be used for investigation purposes. Mayor Benson noted that this money can be used to hire someone to administer the ordinance. Mr. Hawkins felt that there would not be much of a problem in Lino Lakes and there would be no need to hire anyone to monitor the gambling within the City. Mr. Bisel explained that he was not sure that this ordinance would stop people from coming into Lino Lakes, holding the gambling occasion and then take the money out of Lino Lakes. He felt the critera established was not strict enough. Mrs. Anderson told the Council that each month all organizations holding licenses must submit a report to her and these reports do list where the money collected is donated. Mr. Bisel said he would like to see some of the reports to determine where the money is going in Lino Lakes. Mr. Reinert moved to approve the first reading of Ordinance No. 04 - 89 reducing the City gambling tax from 3% to 1 /10th% and direct the City Administrator to report back to the Council where money is going in Lino Lakes. Mr. Bisel seconded the motion. Motion carried with Mr. Bohjanen, Mr. Neal, Mr. Bisel, Mr. Reinert and Mayor Benson all voting aye. This ordinance can be found at the end of these minutes. Reminder of Board of Equalization - Wednesday, April 19, 1989, 7:00 P.M. - Mayor Benson noted this meeting. West Central Trunk Sewer and Water - Mr. Schumacher explained that earlier this evening the Council authorized the City Engineer to study an alternate route for the south portion of the trunk sewer and water mains. The bid opening for this improvement with the south portion of the route located on the Rustic Lane lots is set for March 31, 1989 and Mr. Schumacher proposed that the bid opening be delayed until 1 COUNCIL MEETING MARCH 27, 1989 April 19, 1989 to give Springsted, Inc. enough time to review the revised bids. Mr. Bisel moved to postpone the bid opening until April 19, 1989. Mr. Neal seconded the motion. Motion carried unanimously. Sara Wienke Classification Change - Mr. Schumacher explained that a full time receptionist has been hired, Mrs. Houle. one of the part time receptionists has resigned and Mrs. Wienke, the second part time receptionist has been promoted to the position of utility billing clerk and staff assistant for Public Works and Forestry. To stay consistant when an employee moves from one class to another Mr. Schumacher recommended that Mrs. Wienke's salary be increased from $7.00 to $8.00 per hour. Mr. Neal moved to approve this salary adjustment. Mr. Bisel seconded the motion. Mr. Bisel requested that Mr. Schumacher submit a schedule to the Council of positions with the salary range. Mr. Schumacher explained that this is currently being prepared by an outside consultant. All positions within the City are being evaluated, job descriptions are being updated and a pay step range is being prepared. Mr. Schumacher will forward this to the Council as soon as it is prepared. Voting on the motion, motion carried unanimously. Mr. Schumacher reminded the Council of a meeting with the City Assessor on Thursday, March 30, 1989 at 4:30 P.M. to view some of the parcels on which the Assessor has increased values. Mr. Bisel moved to adjourn at 9:45 P.M. Mr. Reinert seconded the motion. Aye. 030 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 03 - 89 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER. The City Council of Lino Lakes does hereby amend Chapter 8 of the Lino Lakes City Charter to read as follows: 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not e)2ceed the cost of the improvement, including all costs and expenses connected therewith, with interest. A special assessment may not exceed the special benefits to the property assessed. 8.02. Procedures. The procedures for conducting local improvement projects financed in whole or in part by special assessments against benefitted property are those provided by law and Section 8.03 of this charter and must be followed exclusively. The term "by law" as used in this chapter means Minnesota Statutes, Chapter 429 or any successor statute providing a uniform method of-constructing and financing local improvements in cities. 8.03. Protest. Subdivision 1. Not later than 45 days after the conclusion of the public hearing or adjournment thereof required by law to precede the ordering of the construction of a local improvement project the owner or owners of real property included in the area proposed to be assessed for the local improvement may file a written protest with the recording officer of the City. The protest must be in the form prescribed by ordinance. Subd. 2. If a protest is filed as provided in Subdivision 1, the City Council must, by resolution adopted at its next regular meeting or at a special meeting called for that purpose after the expiration of the 45 day period for filing protests, determine the validity and sufficiency of the protest. If the protest is determined to be valid and sufficient as to a single parcel of property proposed to be assessed for the local improvement and the protest contains the names of owners of that parcel of property, the City Council must not include that parcel of property in the local improvement .project when ordered for construction. If the protest is determined to be valid and sufficient and contains the naives of- owners of a majority by area of all parcels of 0 3 .. property proposed to be assessed for the local improvement, - the City Council must not order the construction of the local improvement project. The resolution determining the validity and sufficiency of the protest must be published in the same manner as, and has the effect of, a resolution determining the adequacy of a petition for a local improvement pursuant to law. Subd. 3. If a local improvement project or portion hereof is not ordered because of protest as provided in this section the City Council may not initiate proceedings for the same or a substantially similar local improvement project for a period of six months after the adoption of the resolution determining the validity and sufficiency of the protest, but the owners of property in the area proposed to be assessed may initiate proceedings for the same or a substantially similar local improvement project at any time in the manner provided by law. i Subd. 4. An owner of property signing a protest under this section may withdraw his or her name from the protest at any time prior to the adoption of the Council resolution determining the validity and sufficiency of the protest. Subd. 5. For purposes of determining the validity and sufficiency of a protest filed under this section the City Council may rely on such records as it deems advisable including those records usable for the purpose of mailed notice as provided by law. Subd. 6. Except where a petition has been received from all owners of property proposed to be assessed for a local improvement project in the manner provided by law, the City Council may not order the construction of a local improvement until 45 days after the conclusion of the public hearing or adjournment thereof required by law to precede the ordering of a local improvement project. 8.04. Local Improvement Procedure. When the City undertakes a local improvement to which the state law applies, it must comply with the provisions of that law and this chapter. The Council may by ordinance prescribe the procedure to be followed in making other local improvements and levying special assessments for those improvements. Adopted this day of __ 1989. yn G_t)-Anderson, Clerk— Treasurer Benson, Mayor CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 02 - 89 AN ORDINANCE AMENDING THE CITY CODE, SECTION 1001 THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING PEDESTRIAN TRAILS AS REQUIREMENTS IN RESIDENTIAL AREAS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on is hereby amended by amending Section 1001: DELETE: 1001.02 (15) Pedestrian Way - is a public or private right -of -way across a block or providing access within a block, to be used by pedestrians and for the installation of utility lines. ADD: 1001.02 (15) Pedestrian and or Bicycle Trail - is an easement or land dedication given to the city for the purpose of providing walking and /or bicycling areas to city residents. The trails shall provide recreational opportunity and also access to parks, natural areas, and public land in accordance with the city's adopted trail plan. ADD: 1001.05 Subd. 1 (3) (j) Locations and widths of all pedestrian and bicycle trails. ADD: 1001:08 Subd. 4 (3) Pedestrian and Bicycle Trails. Easements and dedications at least 15 feet wide shall be provided for pedestrian and bicycle trails. The locations will generally follow the recommendations in the city's adopted trail plan. Exact locations of the trails, however, can be determined by the developer with review and approval of the Park Board, Planning and Zoning Board and City Council. ADD: 1001:08 Subd. 6 (10) Pedestrian and Bicycle Trails. Grading of pedestrian and bicycle trails shall be required. Placement of base materials in accordance with adopted city specifications shall be the responsibility of the developer. The work and materials will be in addition to the park dedication requirements found in other sections 1 of this Ordinance. DELETE: 1001:13 Subd. 1 Improvements Made. No final plat shall be approved by the council without first receiving a report signed by the city engineer and the city attorney certifying that the improvements and construction of the land and streets together with all other necessary facilities in the plat have been completed and satisfactorily arranged in accordance with provisions of the regulations for land improvement and construction. In addition to construction on land and streets, the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as approved by the council for Lino Lakes and the utility company serving the location. Such installations shall be completed before the street is surfaced. ADD: 1001:13 Subd. 1 Improvements Made. No final plat shall be approved by the council without first receiving a report signed by the city engineer and the city attorney certifying that the improvements and construction of the land, streets, and trails, together with all other necessary facilities in the plat have been completed and satisfactorily arranged in accordance with provisions of the regulations for land irnnrovenent and construction. In addition to construction on land and streets, the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as approved by the council for Lino Lakes and the utility company serving the location. Such installations shall be completed before the street is surfaced. II. Same as above amended, said Ordinance No. shall sfnnd as initially passed and as previously amended. III. This ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 1989. tiJarilyT G. Anderson, City Clerk- Treasurer day of gyp% ?��./Il�_": - :e enson, Mayor 033 03 CITY OF LINO LAKES RESOLUTION NO. 18 - 89 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF AREA THAT IS BOUNDED ON THE SOUTH BY ASH STREET (COUNTY ROAD J) ON THE NORTH BY MAIN STREET (COUNTY ROAD NO. 14), ON THE EAST BY THE CITY OF HUGO AND ON THE WEST BY I 35W WHEREAS: it is proposed to improve the area bounded on the south by Ash Street (County Road J), on the north by Main Street (County Road No. 14), on the east by the City of Hugo and on the west by I 35W by installing a street between Otter Lake Road and West Bald Eagle Blvd. and by the installation of sanitary sewer in a portion of this area and to assess the benefited property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino Lakes Home Rule Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, Ron Stahlberg for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 27th day of March, 1989. 6:4e //4geh,/ Mari7lyn G. Anderson, Clerk - Treasurer 3 CITY OF LINO LAKES RESOLUTION NO. 17 -89 A RESOLUTION SUPPORTING THE CONTINUATION OF MOTOR VEHICLE EXCISE TAX FUNDS AS THEY RELATE TO FUNDING FOR STREET CONSTRUCTION IN MINNESOTA WHEREAS, the City of Lino Lakes is particularly aware of transportation needs of the city, and other cities and counties in the State of Minnesota; and WHEREAS, the street and highway system is deteriorating at a rate faster than the financial ability to maintain and rebuild it; and WHEREAS, transportation funding is a high priority issue of 1989; and WHEREAS, it is appropriate to use road user funds for major street and road construction rather than using property tax, and WHEREAS, county and city government highway and street plans are predicated on proceeds from the Motor Vehicle Excise Tax (MVET), many county and city plans will be cut back or not completed, and WHEREAS, the percent of local participation in the construction and reconstruction of state owned highways is increasing, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES MINNESOTA: 1. That the City Council of the City of Lino Lakes would recommend that the 1989 session of the Legislature provide for the transfer of 100% of the MVET to the road user fund to provide a stable source of adequate funding for the construction and maintenance of streets and highways in the state. 2. The City Council of the City of Lino Lakes would also recommend that the "sunset" provision included in the 1988 Transportation Funding Bill be removed so that MVET revenue can continue to go to the Highway User Tax Distribution Fund so that it can be used for city streets and county roads in the State of Minnesota 3 The Ci -ty Council of the City of Lino Lakes further recommends that this resolution be forwarded to the Governor, the Commissioner of Transportation, and to the members of the State Legislature. Adopted by the City Council of Lino Lakes this 27th day of March, 1989. njamin(G. Benson, Mayor Mar 1yn G.' Anderson, Clerk — Treasurer 1 1 1 1 �y ", m � � � � CITY OF LINO LAKES COUNTY OF ANOKA �STATE OF MINNESOTA ORDINANCE NO 04-89 AN ORDINANCE AMENDING LINO LAKES ORDINANCE 17-88, REGULATING LAWFUL GAMBLING WITH THE CITY The City Council of the City of Linn Lakes does hereby ordain: 6_1104 Pursuant to Minnesota Statute 349'212, gambling tax is hereby imposed of (1/10%) per cent of the gross receipts of each licensed organization from all lawful gambling • less Prizes actually paid out by the organization_ Such tax shall be imposed and commenced to accrue as of January l, 19S9 and shall be payable at the officp of the City Clerk of Lino Lakes, Minnesota, on February 2, 1989 and on the 2nd day of each month thereafter This ordinance shall be in full 1orce and effect from and after its passage and publication according to the City Charter Passed by the City Council this of l9O9' ----- ( //� Marilyn G'! An;jerson, Clerk-Treasurer 038 COUNCIL MEETING March 27, 1989 These minutes were considered, corrected and approved at the Council meeting on Apr -.i1 10 , 1989. Maril i G. Anderson, Clerk- Treasurer