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HomeMy WebLinkAbout01/28/1991 Council Minutes (2)217 COUNCIL MEETING JANUARY 28, 1991 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel on Monday, January 28, 1991 at 6:30 P.M. Council Members present: Reinert, Bohjanen. Council Members absent: Neal, Kuether. City Planner, John Miller; Attorney, John Burke; Engineer's, Darrell Schneider and Dan Boxrud; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSENT AGENDA Council Member Reinert moved to table Consent Agenda Item 1 until the next Council meeting and to consider Item 2 and Item 3 under New Business. Council Member Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 09 - 91 IN SUPPORT OF CENTENNIAL OLYMPIC SPORTS ARENA Mr. Schumacher explained that Resolution No. 09 - 91 supporting the Centennial Ice Arena was requested by the Anoka County Commissioners. The resolution also states that Lino Lakes will never seek funding from Anoka County for any other ice arena which would be constructed in Lino Lakes in the future. Mr. Charles Cheesebrough and Mr. Dennis Halverson were in the audience to represent the Centennial School Board regarding this resolution. Mr. Cheesebrough explained that Anoka County has participated in the funding of several arenas in other cities in the County. This resolution is attempting to restrict County financial support in cities who have requested financial support in the past. Council Member Reinert felt the this City may have a need for an ice arena five (5) or ten (10) years in the future. By approving this resolution, this City may never received financial support from the County. The validity of the resolution was questioned. Mr. Burke explained that it was very unusual not to have a time limit on such funding. He said he did not feel the resolution would be binding in court, however, the County Commissioners will try to force the City to abide by the resolution. It was noted that if the Council approved this resolution, the Council would be restricting the actions of future Councils. Council Member Reinert explained to Mr. Cheesebrough and Mr. Halverson that the Lino Lakes Council is 100% behind the project. PAGE 1 1 COUNCIL MEETING JANUARY 28, 1991 Council Member Bohjanen moved to take action on Resolution No. 09 - 91 and have the City Administrator contact Commissioner Langfeld to determine if the resolution can be amended to include a specific time period. Council Member Reinert seconded the motion. Motion carried unanimously. Mr. Schumacher said he would also contract the other three City Administrator's to see what their thinking is on this matter. Mr. Cheesebrough said he would take the matter to Superintendent McClellan. PLANNER'S REPORT Conditional Use Permit, WCCO Tower, Design Review Board (DRB) No. 90 - 58 Mr. Miller explained that the public hearing on the request by Midwest Cable and Satellite, Inc. was held December 20, 1990. The public hearing was closed and the applicant was requested to provide additional information regarding the safety of the doppler radar and staff was asked to prepare a resolution approving the request for the Conditional Use Permit. Resolution No. 10 - 91 has been prepared approving the Conditional Use Permit. The resolution lists nine (9) reasons for the approval as outlined by the DRB. Mr. Jim Christianson, attorney for Midwest Cable and Satellite, Inc. was present along with Mr. John Seman and Skip Erickson. The operation of the doppler radar beam was outlined. It was noted that the purpose of the installation was to pick up certain weather information from cloud formations. Therefore, the radar beam is never meant to hit the ground. If a person were to be hit by the beam, the intensity would be about the same as standing next to a micro wave oven. The unit is never operated unless there is a storm system in the area. A person would have to get inside the dome of the doppler and spin around with the unit in order to receive a significant health impact. Mr. Al Stromen, 6065 Holly Drive asked why the equipment could not be located on the ground and wires run up the tower. Mr. Erickson explained that the main radar dish is inside the dome. There are also dishes located on the outside of the tower. These dishes must be elevated so that they can look over trees, hills, etc. Mr. Erickson also noted that if the radar dishes were located on the ground, there would be a good chance of beaming into where people live. It is safer to have the radar dishes elevated. Mr. Erickson noted that the three (3) dishes located on the tower are satellite feeds from CBC, WCCO and Cable. Everything picked up by these radar dishes are beamed to Minneapolis. Everything coming to WCCO from the middle east is coming off of these radar dishes. After further discussion Council Member Bohjanen moved to approve PAGE 2 218 '219 COUNCIL MEETING JANUARY 28, 1991 Resolution No. 10 - 91 approving the Conditional Use Permit for Midwest Cable and Satellite, Inc. including the information in the DRB Application No. 90 - 58. Council Member Reinert seconded the motion. The City Clerk read the nine conditions outlined in Resolution No. 10 - 91. Mr. Miller will send a copy of this resolution to Mr. Stromen. On a roll call vote, motion carried unanimously. Resolution No. 10 - 91 can be found at the end of these minutes. PUBLIC HEARING, PRELIMINARY PLAT, OAK BROOK PENINSULA Mr. Boxrud explained that this preliminary plat was before the Council previously and the Council ruled that there was not a need for an Environmental Impact Statement. The developer has proceeded with pursuing completion of acquisition of all permits from other agencies. The DRB has recommend approval of the preliminary plat, including approval of a variance for the cul- de -sac length. The conditions for approval are outlined the DRB minutes. In order for access to this plat to be completed, a minor subdivision request has been submitted by Mr. Marlin Hansen. The DRB has tabled action on this matter until the February meeting. The last permit that the applicant needed to obtain was from the Rice Creek Watershed District (RCWD). The Board of Managers has recommended issuance of the permit provided drainage from the plat is all directed to the south, even if it means construction of diversion berms, so that runoff from the developed home sites did not reach the bog lying north of the plat. They also required that septic tank regulations be enforced by the City. The final condition was that there be no filling allowed in the channel. The final plans are to be reviewed by the RCWD engineer prior to construction. Mr. Boxrud explained that the RCWD engineer has determined that the proposed road crossing is 45 feet wide. Another location to the south is approximately 19.5 feet wide. If the street is reasonably realigned to the 19.5 foot wide location, a large culvert could be constructed which would not put an undue maintenance responsibility on the City. However, if the culvert gets to be 20 feet or larger, the culvert would be classified as a bridge and would require annual inspections. The Public Works Department prefers that the crossing be limited to less than 20 feet in width so as to avoid the possible large reconstruction cost and annual inspection fees. Mr. Adamson, developer of this plat has submitted a brief work PAGE 3 1 1 1 COUNCIL MEETING JANUARY 28, 1991 sheet indicating that the like taxes to be generated in the subdivision would be equivalent to the taxes generated by sixty (60) average homes in this City. Mr. Boxrud noted that there are five (5) items to be resolved. They are: 1) The variance requested for the cul -de -sac which would create a 2,700 foot dead end; 2) The environmental concerns previously raised during the Environmental Work Sheet process. (From an engineering standpoint, it would appear that these concerns have been addressed); 3) Suitable access to the plat through the Marlin Hansen property; 4) The desirability of the City owning and maintaining a culvert versus a bridge; 5) Whether future taxes to be paid will cover the cost of maintenance of the roadway and culvert. Mayor Bisel outlined the procedure for this public hearing. He opened the public hearing at 7:32 P.M. Frank Kern, 2019 Otter Lake Drive, president of the Otter Lake Property Owners Assn. summarized the concerns of the local residents. First Mr. Kern asked who requested the variance for the cul -de -sac. Mr. Miller explained that the DRB discovered that the variance was needed and the developer prepared the required application and paid the fee. Mr. Kern asked if there has been six (6) findings of fact for approval of the variance? Mr. Kern read the six findings of fact that are required to grant a variance and commented on each of these proposed findings of fact. Mr. Kern felt that the plight of the landowner was created by the developer. Mr. Kern expressed concern regarding proper soil and percolation tests. He explained where the tests had been taken and noted that the tests were taken during a drought period and some were taken in areas that will be vastly altered by grading. It was explained to Mr. Kern, that additional tests will be required at each house location. Mr. Kern suggested that maybe after the knolls are graded, the area will not pass a percolation test. He suggested that a firm such as Twin City Testing be hired to test the soil at future set back grade. Mr. Kern noted that septic systems have to be located three (3) feet above the water table and cannot be located in peat soils. He asked that tests be conducted before the area is destroyed by a bulldozer and before the area is devastated. Mr. Kern noted a problem with the protective covenants in his subdivision. He noted that some areas of the covenants are being violated and asked why the Property Owners Assn. must have the burden of proof placed on them. He explained that he was told that the Home Owners Assn. must prove that the covenants are legal documents. Mr. Kern noted that the DNR has issued permits PAGE 4 220 1 221 COUNCIL MEETING JANUARY 28, 1991 but is concerned about the covenants. He felt that the developer should have the burden of proving that the covenants are not being violated. Mr. Kern read several permit conditions from the DNR and other agencies which indicate that the developer and the Home Owners Assn. must settle differences regarding the covenants. .. Mr. Kern asked if the initial grading in the project be monitored for significant artifacts that might be found. He said he could assure the Council that there was significant historical finding within twenty (20) feet of the proposed grading. He read the permit from the Historical Society. Mr. Kern noted that the proposed cul -de -sac is over five (5) times the length allowed by the City Code. He also noted that driveway routes have not been shown on the preliminary plats. He asked if the driveways will affect historical sites. Mr. Boxrud's memorandum of 9/26/90 addresses the problem of designing a large culvert for the channel if the ten (10) foot clearance over the water was required. Mr. Kern read Mr. Boxrud's comments and suggested that an off ramp might be needed to service the Marlin Hansen home. Mr. Kern asked if the developer will accept responsibility for road repairs for the existing Otter Lake Drive or will this be the homeowners responsibility? In addition, electric service, telephone and cable TV service have not been addressed. Mr. Kern asked if these utilities will be placed underneath the channel. He noted that the City Code requires that all utilities be placed underground. Mr. Kern asked if the road site will make Mr. Hansen's home in violation of the City Code. Will that house meet street setback requirements? Mr. Kern noted that Mr. Smith the owner of the property to the north of the proposed plat has a number of environmental concerns. He also noted that the proposed street will be located only eighteen (18) inches from the Smith property line. Will this infringe on his property during construction of the street? Mr. Kern expressed concern for emergency vehicles and asked if the police, fire and ambulance services responded to this proposed development. He asked if all agencies have responded to the EAW? Has all concerns been addressed in writing to these agencies? Mr. Kern asked if it was proper for the City staff to go to the RCWD and ask them to change their permit requirements to benefit a developer? PAGE 5 1 1 r 1 1 COUNCIL MEETING JANUARY 28, 1991 Mr. Ron Adamson, father of. developer,. Bob Adamson explained to. the Council that the covenants referred to by Mr. Kern are covenants between private individuals. He said that he would not be violating them. Mr. Adamson explained that he has been harassed by the residents along Otter Lake Drive. He noted that he and his partner have been paying taxes on this property for some time and now it is time to move forward on this matter. Mr. Adamson noted that the ten (10) foot culvert is sufficient and will last for fifty (50) to one hundred (100) years. He noted that this was a problem between the RCWD and Lino Lakes since the City does not want the responsibility of bridge inspections. Mr. Adamson noted that the project will be a "credit" to the community. He also noted that if the project cannot be approved, the City should buy the property and use it as park property and serve it with a foot bridge with parking lots located on Mr. Hansen's property. Laurie, Kinneberg, 2011 Otter Lake Drive said that the channel was not illegally dug. She explained that the DNR paid to have the channel dug and to leave the island for wild habitat. Bob Adamson, developer of Oak Brook Peninsula explained that the o g,cul- - ac .i, :. '..??, isE r pbss'ible a ri an explained the difficulties in using them. Mr. Adamson also explained that the long cul -de -sac will not impair home values in the project or to those homes adjacent to the area. His homes will be selling for about $500,000.00. Mr. Adamson also explained that the percolation tests were completed at the request of the City. Additional tests will be required at the homesite when it is determined. Mr. Adamson explained that the only private covenant affected by his project is the covenant dealing with no filling of the channel. He asked what was the intent of the covenant. It is not his intention to block the channel, only bridge it. He noted that the channel does not flow presently and appears to be filling itself in. Mr. Adamson noted that the land on both sides of the channel is owned by Marlin Hansen and he is willing to provide access. He also noted that the area landowners and covenant holders are violating their own covenants by using boats with motors larger than allowed by the covenants and by placing a footbridge over the channel. Mr. Adamson also explained that a $4,000.00 historical study was preformed and there is nothing there of importance and only one area was marked so that he will stay away from it. This particular area is within the 100 foot flood plain and he cannot develop in that area anyway. It had been suggested that if the channel was crossed by a culvert near Mr. Hansen's home, the grade will be so steep that it would violate City Code. Mr. Adamson indicated that the grade PAGE 6 222 223 COUNCIL MEETING JANUARY 28, 1991 would be 5% and 6% and is allowed by City Code. An on -off ramp would not be required for Mr. Hansen. Mr. Adamson noted that Mr. Smith's property borders the floating bog and he expressed concern with protecting this bog. This bog is not unusual and he will be doing all that is possible to protect it by directing all runoff waters to the south. The question of allowing free access to the channel was mentioned. The culvert will be a ten (10) foot span. It will accommodate every boat with the exception of a sailboat. Mr. Adamson said that he has also met with the people concerned with the trees on the site. He said he does not plan to develop "cow pasture" lots. This matter is being addressed. He asked that this project move forward and if there are still items to be addressed, a contingency can be placed on the approval. Linda Elliot, 2001 Otter Lake Drive asked that the entire project be stopped because it is a bad project. She listed several reasons for stopping the project. They include destroying virgin land, rights of those on the channel are usurped for one developer, five executive homes seem to be taking priority over H IIV bee t belongs o � l�ar�n Hansen a e een �r olve e environment impact is based on an incorrect and possibly false EAW. Ms. Elliot noted that at one time the Council promised that Mr. Adamson would not be able to do any damage to the bog or the environment. She asked who will enforce these promises? Ms. Elliot noted that the City has not enforced the rules for a building permit issued to Mr. Hansen nor has the City enforced the laws regulating rental property. She noted she was told that the reason the building permit violation was not enforced was because it would be too much paperwork. She asked if a major infraction occurred during the construction of this proposed project would this cause even more paper work. Ms. Elliot said that the homeowners expect better than this. She referred to the people most affected by this project and noted that they are voting tax payers of Lino Lakes. However, she felt the City was intent on placating one developer and not giving any credence to residents already there. Ms. Elliot said that Lino Lakes is destined to be developed. She asked that development be placed in farm fields, our revenues increased and help for our community. She also asked that Oak Brook Peninsula not be destroyed in the process and asked that the rights of the people in Otter Lake Estates not be usurped. Ms. Elliot said that she feels hurt, frightened and betrayed by the people who are suppose to care about us and protect us. John Elliott, 2001 Otter Lake Drive explained that he has spent a lot of money to live in this area. He said it is an area he has PAGE 7 1 1 1 1 224 COUNCIL MEETING JANUARY 28, 1991 dreamed about all of his life. His home has lake access and he felt free to use the channel to take his sail boat and power boat out to the lake. Mr. Elliott said that the past six (6) months has not allowed him any peace and he is sick and tired of this. It is very frustrating that a City Council does anything a developer wants that will violate his rights as well as a lot of other persons rights. He said that there are a lot of other people here who will be affected severely by this project and asked the Council to consider this when they vote on this project. Council Member Reinert asked for clarification on testimony regarding whether or not it was proper for City staff to go to the RCWD and ask that board to change their mind regarding the permit requirements. Mr. Kern explained that Mr. Boxrud and Mr. Volk will go to the RCWD and ask that a ten (10) foot culvert rather than a bridge be used to span the channel. Mayor Bisel explained that the Council sometimes hears that they are supporting the developer. He asked the City Attorney to explain what a developer or any land owner has a right to do with his property. Mr. Burke noted that in cases such as this sides are taken. He felt it was important that the Council take a position that they are elected officials to receive requests by citizens, requests every citizen can make under the City Code to apply for any relief that is available to them to develop their land and use their land within the Code and with all the exceptions that are provided by the Code. He noted that it is the obligation of the Council to receive these requests and to give them a full hearing without biase and to receive all the comments and the input before judgements are made. Mr. Burke noted that every piece of property is unique and that is why there are variances and conditional use permits within the City Code, otherwise there would be just one uniform type on one type of land. Mr. Burke noted that the format that has been used here has been prescribed by the Code and a prejudgment has not been made. The requests have come in, the "i's" have been dotted, the "t's" have been crossed, the hearings are held and then the judgements will be made at a certain point in time. The property owner, no matter who he is has the right to apply under the Code to develop their property under the Code. The requests have been properly filed and has preceded as customary and comments on both sides are welcome. He said it is real important that everyone consider that the Council is trying to do the best thing for the City. They are acting in judgement with the interest of the entire City in mind. With this format the Council can study what they need to and ask the experts about the various aspects that have been raised. They are proceeding in customary fashion and will obtain PAGE 8 225 COUNCIL MEETING all the information before they act. This will require a lot of patience on both sides and reserve judgement until all the facts are in. Mayor Bisel further explained that the Council is not working for the good of only one party. They have a responsibility to the people and to the person who wishes to do something with his land. This process is being fulfilled in this process. He noted that the residents have asked for and have received reports from various agencies. If the report states it meets their requirements, it is not the fault of the City Council. We hire the staff who are working for the interest of the City not the developer. The Council agrees that this is land that has much natural beauty. Mayor Bisel explained how hhep felt nhhis privacy has been lost too. However, the only way to happening was to purchase the land himself. This was not feasible. I hear you residents and the entire Council hears you. Council Member Reinert said hopefully the citizens are helping the Council to make their decisions. He asked Mr. Adamson if the list of cul -de -sacs presented this evening was a list of cul-de- sacs some waylbenever extended. Fir. Kern reiterated said the language knew in that some may the City Code. Mayor Bisel asked Mr. Burke to explain what part covenants play in development. Mr. Burke said that covenants are less common that in previous years. It is a way for neighbors to keep things the way they want them to be. He explained that it is not the City's role to bring suit to enforce private covenants. It is illegal for this City to use tax dollars for this purpose. Mr. Burke explained that there were covenants on some p opertyohenion owned and he brought a suit so that a judge could give a or interpretation of the covenants. Mr. Burke explained that in the case of the Otter Lake Property Owners Assn. covenants, the landowners affected by the covenants would have to bring suit if the Association feels the covenants are being violated. He also noted that sometimes covenants are not enforceable. The end result is that covenants are not made with the City but with people who buy or sell land. Mr. Kern said that the Association is not asking the City to fight their legal battles. He said the Association is saying that they have legal covenants and want the City to tell the developer it is up to him to prove that they are not legal. Mr. Burke said that there are two legal issues. One is who should start legal action and the second is who will bear the legal expenses. If you have been damaged, you can be compensated. The general rule is that everyone pays their own attorney fees. However, if the suit is ridiculous, the judge can award damages. JANUARY 28, 1991 PAGE 9 COUNCIL MEETING JANUARY 28, 1991 Mr. Kern asked Mr. Burke if the burden of proof should be put on the Homeowners Association? Mr. Burke said that the responsibility for anyone to protect themselves falls on their own shoulders. You have the covenants, therefore you must bring the suit. Mr. Burke explained that the City does not own the land and therefore would have no legal standing. The Council has an obligation to the entire City, not just to those who have covenants. Mayor Bisel asked Mr. Burke to explain what takes precedence if there is a conflict between City Ordinances and private covenants. Mr. Burke said the Ordinances take precedence. Mr. Kern asked if the City issues a variance knowing that it would violate private covenants, does the City assume liability if the covenants are proved valid? Council Member Reinert said that the problem is that two (2) entities have written rights. A decision has to be made by the Council as to what is good for the entire City. Eventually there will be some yielding and the developer will be given the right to develop in some manner. The entity with the most rights will be the winner. Mayor Bisel said he felt the issue of access through the Hansen property should be determined before the Council acts on this matter. Mr. Boxrud said that this issue will be before the DRB on February 13, 1991. A determination will also be made regarding how far the proposed extension of the cul -de -sac will be from the Hansen home. Ms. Elliot explained that some time ago Mr. Hansen was given a permit to build a boat house on a piece of land providing this land was combined with the land the house is on. The parcels were never joined. She asked how many permits can be given on one (1) parcel of land? She also asked who should enforce the requirement that the parcels be joined? It was explained that the matter will be back before the DRB and the City Attorney will be involved at that point. Council Member Reinert moved to close the public hearing at 8:40 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. Council Member Reinert moved to adopt Option No. 3 and table this matter until the minor subdivision has reached the Council from the DRB. Council Member Bohjanen seconded the motion. Council Member Bohjanen said that this matter cannot be concluded until all Council Members are present and until the DRB has taken PAGE 10 226 227 COUNCIL MEETING JANUARY 28, 1991 action on the matters before it. Voting on the motion, motion carried unanimously. The Council took a five (5) minute break at 8:45 P.M. PUBLIC HEARING, CONDITIONAL USE PERMIT, LAND RECLAMATION FOR RON BIRCH Mr. Miller explained that Mr. Birch owns approximately twenty (20) acres on 20th Avenue near Ash Street. He is requesting a Conditional Use Permit to place more than fifty (50) yards of fill material on his property to build a berm adjacent to 20th Avenue. The berm will protect the property from illegal dumping and buffer the property from 20th Avenue and I35E. Mr. Birch wishes to develop the property for residential use of relatively high value. The berm will protect the property from adverse affects of high traffic volumes and direct homeowners attention to the lake amenity. Mr. Miller noted that the DRB has recommended approval with several conditions. Mayor Bisel opened the public hearing at 9:00 P.M. There was no one in the audience to speak for or against the request. Council Member Bohjanen moved to close the public hearing at 9:00 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Bohjanen moved 90 - 63 with the conditions A of Mr. Miller's Green Sheet. motion. On a roll call vote, ENGINEER'S REPORT to approve DRB Application No. through I outlined in Option No. 2 Council Member Reinert seconded the motion carried unanimously. Consideration of Revised Means of Serving Brandywood Estates and Pheasant Hills Preserve with Sanitary Sewer and Water - Mr. Schneider explained that originally it was planned to serve both of the above mentioned subdivisions by constructing a temporary lift station and pumping to the Centerville lift station. This plan would have required a revision of the Lino Lakes Comprehensive Land Use Plan. Mr. Schneider explained that since that time he and Mr. Boxrud have met with the Metro Waste Control Commission (MWCC) and members of Metro Council and the Reshanau Lake Sanitary Trunk Improvement Project has been designed. This trunk line has been designed to handle the Brandywood Estates and Pheasant Hills subdivisions and since it appears that the Centerville lift station will receive a great deal of use from development within Centerville, it appears that the best route PAGE 11 d COUNCIL MEETING JANUARY 28, 1991 for these two (2) subdivisions is through the Black Duck lift station to the new Reshanau Lake Trunk line. MWCC is on schedule and their study has been completed and the process to do a facilities study has been started. Mr. Schneider also noted that this City has reduced the flow into the Laurene lift station and there is better communication with MWCC. It appears that the Laurene lift station can be upgraded in time to accept this additional flow. Mayor Bisel noted the improved relationship with MWCC. Mr. Schneider said that there appears to be a great improvement in communications. Council Member Reinert questioned the capacity at the Black Duck lift station and noted that there have been a lot of problems at that lift station recently. Mr. Boxrud explained that this was not a sewage problem but could be a ground water problem. Council Member Reinert felt the problems at the Black Duck lift station should be corrected before any additional flow was added. Mr. Boxrud said he would check this matter with Mr. Volk. Mayor Bisel reminded Mr. Boxrud that directing the flow west to the Black Duck lift station was not feasible when these two (2) subdivisions were proposed. Mr. Boxrud said that was before he knew that the new Reshanau Trunk line would be available within three (3) years. Mr. Schneider used the overhead projector and explained the costs of directing Brandywood Estates and Pheasant Hills Preserve to the west. He noted that it would be easy for the Weaver and LaMotte property to develop. An outline of the proposed route was shown on the overhead projector. It was noted that if this route were selected, the Black Duck lift station would have to be reconstructed. The cost of the reconstruction is included in the overall cost. Timing is important since constructing the route west would mean that the entire Reshanau Lake Trunk line must be available within three (3) years. Mayor Bisel noted that at the time the original utility routes were being planned for Brandywood Estates and Pheasant Hill Preserve, the cost to run utilities west to the Black Duck lift station was prohibitive. He asked what has changed all of this. Mr. Boxrud explained that the availability of the Reshanau Lake Trunk line is helpful. However, the cost involved in providing a temporary lift station in Pheasant Hills Preserve and running the trunk line a long distance to Centerville makes the costs a wash. At this time it appears that the costs would be nearly the same regardless of what route is selected. The benefit of running the utilities to the Black Duck lift station is that all utilities will be kept within the Lino Lakes Utility System. PAGE 12 229 COUNCIL MEETING JANUARY 28, 1991 Mr. Schneider explained that routing these two (2) subdivisions to the west will have no effect on the design of the Reshanau Lake Trunk line. It has always been planned to be sized so that eventually both subdivisions would be served from the west. CONSIDERATION AND APPROVAL OF THE OUTLOT F FINAL PLAT The public hearing on the plat was held on December 10, 1990 and the matter was also considered at the January 14, 1991 Council meeting. At that time a proposal to amend the protective covenants was considered. The proposal would allow residents to use the parcels that they purchase but to be aware that no structure could be constructed that would impede water run off. Mr. Schumacher explained that the staff will be contacting individual home owners wishing to purchase parcels of Outlot F and finalize these purchases. Council Member Bohjanen moved to approve the final plat of Outlot F and amend the protective covenants to include the phrase, ....or any other structure that impedes water run off ". Council Mayor Bisel seconded the motion. On a roll call vote, motion carried with Council Member Reinert abstaining. Mr. Schumacher explained that the covenants will go with the land and will be a part of the property to be recorded. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 03 - 91 ADJUSTING COMPENSATION FOR ELECTED OFFICIALS Council Member Reinert moved to table this item until the next Council meeting. Council Member Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF ESTABLISHING A PUBLIC HEARING FOR ALLOCATION OF THE 1991/1992 COMMUNITY DEVELOPMENT BLOCK GRANTS FOR FEBRUARY 11, 1991 AT 7:00 P.M. Council Member Bohjanen moved to set this public hearing. Council Member Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF GAS FRANCHISE OPTIONS AS IT RELATES TO ORDINANCE NO. 13 - 86 Council Member Reinert moved to table this item until the February 11, 1991 Council Meeting for further clarification by the City Attorney. Council Member Bohjanen seconded the motion. Motion carried unanimously. OLD BUSINESS PAGE 13 1 1 1 COUNCIL MEETING JANUARY 28, 1991 Council Member Reinert referred to two (2) letters written by members of the Economic Development Committee (EDC) and the DRB. He said he felt that these members lack an understanding relative to the fiscal matters in this City. Council Member Reinert asked Mr. Schumacher to send letters to these two (2) person and explain why the Council did what they did during the budget process. He wanted it understood that the Council did not take away any planning services. Mayor Bisel asked the City Administrator to set a meeting to discuss these and other issues more fully and get further clarification. NEW BUSINESS Application for Renewal of Gambling License, Circle Lex VFW, Post No. 6583 - Mrs. Anderson explained that this is a request to renew a gambling license for the VFW. She noted that Chief Campbell has investigated to determine if there have been any concerns in the Police Department associated with the current license. There are no concerns. Mrs. Anderson also explained that the VFW has complied with all of the terms of the Gambling Ordinance and have donated much more than the required 10% of the net profits for the benefit of the citizens of Lino Lakes. Some of the donations are listed in the "Green Sheet" prepared by Mrs. Anderson. Mayor Bisel moved to approve the renewal of the gambling license for the Circle Lex VFW, Post No. 6583. Council Member Reinert seconded the motion. Motion carried with Council Member Bohjanen abstaining. Application for Renewal of Gambling License, Ladies Auxiliary to the Circle Lex VFW, Post No. 6583 - Mrs. Anderson explained that this request is for a renewal of the gambling license for the Ladies Auxiliary. Chief Campbell reports that there has been not problems associated with this operation. Mrs. Anderson explained that not all the information is present and she is unable to give a full report of donations by this organization. Reports have been requested and Mrs. Anderson expects to receive them shortly. Mrs. Anderson recommended that the Council approve the renewal of this gambling license contingent upon receipt of the proper forms. Mayor Bisel moved to approve the renewal of the gambling license for the Ladies Auxiliary, Circle Lex VFW, Post No. 6583 contingent upon receipt of all necessary documents. Council Member Reinert seconded the motion. Motion carried unanimously. Code of Conduct — This matter was discussed at a Council work session and Mr. Schumacher wanted to remind the Council that the Code of Conduct does exist within the City Code. Mr. Schumacher has copied this part of the City Code and has also prepared a list of members of boards and committees and persons that are PAGE 14 23U 231 COUNCIL MEETING JANUARY 28, 1991 • hired by the City. Mr. Schumacher explained that he has contacted the City Attorney and plans to review the Code of Conduct with each board and committee and hired staff members to be sure that everyone is aware of the Code and understands the Code. Setting Date for Additional Council Work Sessions - Mr. Schumacher explained that regular Council meetings have been getting longer and longer. Since there are a number of issues that must be addressed by the Council he suggested that the Council establish regular work sessions lasting from one (1) hour to about one and one half (1 1/2) hours in length. Council Member Reinert felt that all Council Members should be in attendance if possible and suggested that these meetings be scheduled when as many as possible Council Members can attend. The work sessions were set for the first and third Thursday of each month from 4:00 P.M. to 5:30 P.M. Mr. Schumacher will contact all Council Members not present this evening. CONSENT AGENDA CONSIDERATION AND APPROVAL OF DISBURSEMENTS January 28, 1991 - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Reinert moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 01 - 91 AUTHORIZING 1990 FUND TRANSFERS Mr. Schumacher explained that this is a "housekeeping" resolution that allows the Accountant to move construction accounts to bond funds. Council Member Bohjanen moved to approve Resolution No. 01 - 91. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01 - 91 can be found at the end of these minutes. Council Member Reinert moved to adjourn at 9:45 P.M. Council Member Bohjanen seconded the motion. Aye. PAGE 15 1 COUNCIL MEETING JANUARY 28, 19 91 These minutes were considered, corrected and approved at a regular Council meeting held on February 11, 1991. Marl yn tf Anderson, Cle k- Treasurer Harold L. Mayor PAGE 16 Bisel, 232 23 Council member Bohjanen introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 1 -91 RESOLUTION AUTHORIZING 1990 FUND TRANSFERS. WHEREAS, in preparation of closing the 1990 financial statements the following resolution authorizes the following transfers be made. NOW THEREFORE BE IT RESOLVED, that the following transfers be made. SURFACE WATER MANAGEMENT SECTION 5 DRAINAGE COSTS PRIOR YEARS - AMOUNT APPROXIMATELY 4,700.00 PENDING ASSESSMENTS FUND 566 $135,612.00 FUND 567 $699,022.00 TRANSFER TRANSFER IN FUND OUT FUND # 550 # 450 # 516,450,406 # 566 # 517,450,406 # 567 80TH STREET PROJECT # 550 - APPROXIMATE AMOUNT $34,000.00 SECOND AVENUE PROJECT # 550 - APPROXIMATE AMOUNT $ 53,697.00 TRANSFER FOR AERIAL MAP CHARGES # 101 FOR D. ERICKSON 2ND PHASE 1 AND # 519 CLOSE FUND 564. - AMOUNT $ 6,530.05 ADMINISTRATIVE AND AERIAL MAP # 101 # 566 CHARGES FOR ERICKSON PHASE 2, AND RESHANAU PHASE 2A - ERICKSON $ 7,758.00 - RESHANAU $ 5,825.70 # 501 # 567 # 564 AERIAL MAP CHARGES: # 101 # 567 - SUNRISE MEADOWS $ 7,387.24 - RESHANAU PHASE 2B $ 1,950.70 - WOODRIDGE ESTATES $ 7,341.22 Adopted by the Lino Lakes City Council this 28th day of January 1991. Harold L. Bisel - Mayor MartlyrjG. Anderson, Clerk- Treasurer 1 1 1 1 OU. V1 - 11. Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Reinert and upon vote being taken thereon, the following voted in favor thereof: Bisel, Reinert, Bohjanen The following voted against same: None, Neal and Kuether were absent. Where upon said resolution was declared duly passed and adopted: 234