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