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HomeMy WebLinkAbout03/09/1992 Council Minutes132 COUNCIL MINUTES CITY OF LINO LAKES COUNCIL MINUTES MARCH 9, 1992 DATE • TIME STARTED TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : March 9, 1992 6:30 P.M. 9:44 P.M. Reinert, Neal, Kuether, Elliott None Staff Members present: City Engineer, Darrell Schneider; Consulting Engineers, Dan Boxrud, Dave Mattei and John Powell; City Attorney, Bill Hawkins; Don Volk, Public Works Administrator; Administrative Assistant, Dan Tesch; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. Council Member Kuether asked that an item titled (F) Departing Board Members be added to New Business. Council Member Elliott asked that an item titled (G) Lawn mowing be added to New Business. Mr. Schumacher asked that Item No. 10 be placed after Item No. 7. SWEARING IN OF PARK BOARD AND PLANNING AND ZONING BOARD MEMBERS, BILL HAWKINS Mayor Reinert explained that the swearing in of these board members usually occurs at their respective board meetings. However, he felt these were important positions and more recognition should be given to new members. Mr. Hawkins administered the oath of office to new Park Board Members Raymond H. Johnson, Brian J. Bourassa, Jacquelyne Farm and to returning member John W. Baumann. Mr. Hawkins administered the oath of office to new Planning and Zoning Board Members Frederick T. Gelbmann, Thomas Mesich, Kathleen Nordine, John L. Landers and James A. Schaps. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion PAGE 1 1 1 1 1 1 COUNCIL MINUTES carried unanimously. ITEM DISPOSITION MARCH 9, 1992 MINUTES: Council Work Session, February 5, 1992 Approved Council Work Session, February 19, 1992 Approved Regular Council Meeting, February 24, 1992 Approved DISBURSEMENTS: February 28, 1992 Approved March 9, 1992 Approved Centennial Fire Department Approved REGULAR AGENDA OPEN MIRE Ron Birch, 3788 LaBore Road explained that he is a property owner in Lino Lakes. He explained that later in this meeting there will be a hearing to consider the amendments to the Zoning Ordinance. Mr. Birch asked how can the Council pass an ordinance change without making the public and itself totally aware of all of the changes. He explained that on February 10, 1992 the Council stated that all changes would be made public. Mr. Birch said he has called City Hall several times and a list of the changes are not available. He stated he has contacted Mr. Schumacher and other staff members and the changes are still not printed and available. Mr. Schumacher explained that the staff has been very busy and this matter has been pushed behind other important matter. Mr. Birch noted that he has picked up an old and a new zoning ordinance and did start to go through them to determine the changes. He could not determine anything significant in the changes. Mr. Birch told Mayor Reinert that he had campaigned on the platform of "open government ". He asked how the City Council could approve the Zoning Ordinance amendments without making all the changes public? Mr. Birch asked if the changes will ever be made public? He also asked if the Council Members received copies of the changes. Mr. Birch said he was concerned as a landowner in this City that there will be restriction that will further restrict his development (Amelia Lake Estates). He felt it was his right to have adequate time to examine the proposed changes. Mayor Reinert explained that the former Design Review Board Chairman, Fred Chase had appeared at a Council work session and had explained each change. Mayor Reinert noted that Mr. Birch was present at this meeting. Mr. Schumacher explained that Mr. PAGE 2 133 134 COUNCIL MINUTES MARCH 9, 1992 Birch has both the old ordinance and the proposed new ordinance. Mr. Birch is asking that someone outline every change. This will take several weeks. He will propose to continue the public hearing to allow for public input. Council Member Kuether noted that the public is not familiar with the terminology in the Zoning Ordinance and would need all changes highlighted. The request from Mr. Birch must be respected. Mayor Reinert noted that Mr. Birch is probably looking for something that would specifically relate to his development. This matter will be further discussed when Item No. 7 comes up on the agenda. CONSIDERATION OF RESOLUTION NO. 92 - 39 DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR 1992 -1993 Three agencies have requested funding through the 1992 -1993 Community Development Block Grant Funds. They are: ACCAP, RISE, and Alexandria House. In addition, Mr. Schumacher recommended that the Senior Citizen Coordinator and the Surface Water Management Plan also be included in the funding. Council Member Elliott moved to adopt Resolution No. 92 - 29 funding the three (3) agencies and the two (2) recommendations of the City Administrator. Council Member Kuether seconded the motion. Motion carried with Council Member Neal abstaining. Resolution No. 92 - 29 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 92 - 30 SUPPORTING NORTH METRO MAYOR'S RESOLUTION OPPOSING LEGISLATION DESIGNED TO LIMIT FUNDING FOR THE METROPOLITAN SEWER INTERCEPTOR Mr. Schumacher explained that historically the MWCC has provided sewer interceptors to provide at least one service point in a city. These basic facilities have been constructed at the cost of the MWCC (actually paid for by Sewer Availability Charges). By limiting financing, the concern would be that in order to get sewer service in a timely basis, the local city would have to provide the funding or bonding to get needed interceptor constructed. Lino Lakes is outside this "fully developed boundary ". Very minimal temporary facilities were proved originally (1975 -1976) by MWCC for the southern portion of Lino Lakes. Presently there is a Facility Plan for Lino Lakes being completed that would prepare for the installation of a permanent interceptor for PAGE 3 1 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 southern Lino Lakes (Ware Road, County Road J). If this bill were passed, Lino Lakes would probably have to provide the bonding. With our Charter and ensuing financial limitations, this would be virtually impossible. Council Member Kuether moved to adopt Resolution No. 92 - 30. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 30 can be found at the end of these minutes. CONSIDERATION OF STAGGERING TERMS OF OFFICE OF THE PARK BOARD AND PLANNING AND ZONING BOARD APPOINTMENTS Mr. Schumacher explained that in 1990, the membership of the Planning and Zoning Board and the Park Board were reduced from seven (7) to five (5) members. This meant that terms expired with two (2) members on and three (3) members going off. Now that the boards have expanded a similar situation has occurred where a majority of the board members may be leaving on the same expiration date. Mr. Schumacher recommended that the recently appointed members terms be staggered as in the past. Council Member Kuether moved to draw names to randomly select two (2) recently appointed Park Board and Planning and Zoning Board members to serve two (2) year terms. Council Member Neal seconded the motion. Motion carried unanimously. This matter will be completed under Old Business. CONSIDERATION OF RESOLUTION NO. 92 - 39 DIRECTING THAT PUBLIC HEARINGS ON ALL LAND USE ISSUES BE HELD BEFORE THE PLANNING AND ZONING BOARD Council Member Elliott moved to adopt Resolution No. 92 - 39. Council Member Neal seconded the motion. Mayor Reinert explained that he hoped that this new policy will reduce friction and eliminate misunderstanding, clarify issues and move the process easier and faster. Council Member Kuether agreed. Council Member Neal felt that with seven (7) board members, all issues would be better outlined. Voting on the motion, motion carried unanimously. Resolution No. 92 - 39 can be found at the end of these minutes. CONSIDERATION OF AUTHORIZATION OF SPEED STUDY, WARE ROAD Mr. Volk explained that he has received numerous telephone calls from residents on Ware Road regarding the speed limit posting on Ware Road. They feel that with the new home construction and the PAGE 4 135 136 COUNCIL MINUTES MARCH 9, 1992 deteriorating condition of Ware Road, the present posted limits are too fast. Mr. Volk noted that the last study on this roadway was conducted about six (6) years ago. He recommended that another survey be completed at this time. Mr. Volk also noted that after the study is completed, the recommendation may be for a higher speed limit. The residents on Ware Road should be made aware that this is a possibility. Council Member Kuether moved to request that MnDOT conduct a speed study on Ware Road. Council Member Neal seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, LINO LAKES ZONING ORDINANCE AMENDMENT NO. 15 - 91 Mr. Schumacher gave a brief background on this matter. He noted that the Council has discussed the proposed amendments in depth with the former Design Review Board Chairman at a Council work session. Mr. Schumacher requested that this matter be further delayed to allow for further inspection and to take time to put together a listing of the changes. Council Member Kuether asked that the changes be highlighted. Mr. Schumacher noted that this was basically a housekeeping matter. Mayor Reinert opened the public hearing at 7:05 P.M. Mr. Schumacher explained that detailing all changes on each page will be very time consuming. He also noted that parts of the ordinance are being re- organized making comparisons difficult. Council Member Kuether asked that actual changes affecting the public be highlighted. Mayor Reinert also asked that only actual changes be highlighted. Mayor Reinert explained that the Council has reviewed the changes and it is the responsibility of the public to review them also. He noted that if there many people are concerned about the changes, he would agree that further review should be done. However, only one (1) person has expressed concern. Ben Benson, 6666 East Shadow Lake Drive said he felt that the Zoning Ordinance should be changed as soon as possible so that wrong information is not given to the public. This could create more problems than what we are trying to solve. Mr. Birch said he was not trying to delay action but asked how can the Council put something in place without allowing time for public review. He had tried to compare the old and new ordinances and asked that the changes be highlighted. Mr. Birch PAGE 5 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 noted that the word "moral" had been struck from several passages and wanted to know what other such changes had been made. Council Member Kuether suggested that Mr. Birch be given a copy of Mr. Chases notes used in his review. Mr. Birch noted that a new district called Planned Unit Overlay (PUO) has been added to the Zoning Ordinance and asked if this would further restrict his development? Council Member Neal moved to continue the public hearing for 30 days to April 13, 1992, 7:00 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF PAY EQUITY PLAN AMENDMENT Mr. Tesch has prepared and presented to the Council on March 4, 1992 a revised Pay Equity Program. The changes include the addition of the attorney and engineer grade and the part time employee grade. Upon approval by the City Council, the updated Pay Equity Program will be forwarded to the Department of Employee Relations per state statute. Mr. Tesch also noted that statistical analysis may require some pay increases in the future. Council Member Kuether moved to approve the Pay Equity Program retro- active to December 31, 1991. Council Member Elliott seconded the motion. Motion carried unanimously. ENGINEERS REPORT Resolution No. 92 - 31 Adding an Additional 0.44 Miles to the MSA Street System (4th Avenue Extension and Lino Industrial Boulevard) - Mr. Schneider explained that at the February 24, 1992 Council meeting, Woodland Drive (80th Street) was deleted from the MSA System and Apollo Drive was added. There is an additional 0.59 mile that can yet be designated for State Aid needs. Apollo Drive can be completed by extending 4th Avenue from the end of T.H. 49 at the driveway entrance of the Correctional Facility and adding Lino Industrial Boulevard extended from Lilac Street. This will add 0.44 mile to the MSA System leaving only 9.15 mile not allocated. Council Member Kuether moved to adopt Resolution No. 92 - 31. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Final Plat for Sunnygate, Fourth Addition (Final Addition) - The Fourth Addition is the final phase of 18 lots of a total of 98 lots that were included in the preliminary plat PAGE 6 137 138 COUNCIL MINUTES MARCH 9, 1992 that was approved in 1989. There was a discussion in 1991 of the plans of the Sunnygate developers to implement the screening along lots backing onto Elm Street that was required by the city Council when the original Sunnygate Addition was approved. Several letters and telephone discussions with City Staff have occurred since then. City Staff plans to include an item concerning this screening into the Developers Agreement prior to the City's signing that document. The agreement for screening consists of a double row of evergreen trees rather than a berm. During dry seasons, berms become dry and unattractive. The Developers Agreement contains the requirement for the double row of evergreens. The developer will work with the City Forester on this matter. There will also be a one (1) year warranty on the evergreens. Council Member Neal moved to approve the final plat of Sunnygate, Fourth Addition. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Final Plat for Wenzel Farms, Third Addition - The preliminary plat for the Wenzel Farms was approved in 1991. The Third Addition is the last phase of the single family detached housing comprised of 15 lots of the total of 100 lots. There remains a total of 55 town homes yet to be platted with the final addition. The Developers Agreement is signed and the financial securities are deposited. Council Member Neal moved to approve the final plat of Wenzel Farms, Third Addition. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Resolution No. 92 - 32 Ordering Preparation of Plans and Specifications for Wenzel Farms - This portion of the project which is the last of the single family detached homes on 15 lots lies along Snow Owl Lane which borders the Ulmer's Rice Lake Addition on the west. The construction of the utilities and street for this subdivision will allow the easterly lots of Ulmer's Rice Lake Addition to be split. The public hearing for this entire project was held less than a year ago which would allow this project to proceed at this time. The next step in the process is ordering of plans and specifications to be prepared by the engineer for the project, TKDA. Council Member Elliott moved to adopt Resolution No. 92 - 32 ordering TKDA to prepare the plans and specifications for Wenzel Farms, Third Addition. Council Member Neal seconded the motion. PAGE 7 1 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 Mayor Reinert asked how many builders Were building in this subdivision and if everything was going smoothly. Mr. Schneider explained that the building official was satisfied and the lots are filling rapidly. There are approximately eight (8) builders in this subdivision. Voting on the motion, motion carried with Council Member Kuether abstaining. Resolution No. 92 - 32 can be found at the end of these minutes. Consideration of Approval of Preliminary Plats, Black Duck Estates First Addition and Black Duck Estates, Second Addition: Resolution No. 92 - 37 approving Preliminary Plat of Black Duck Estates, First Addition, Resolution No. 92 - 38 Approving Preliminary Plat of Black Duck Estates, Second Addition - Mr. Schneider explained that he has spent some time reviewing these proposed plats with Dan Boxrud at SEH and does concur with the recommendations of Mr. Boxrud. Black Duck Estates Mr. Boxrud explained that the Black Duck Estates preliminary plat is proposing 20 single family homes. The plat has been reviewed by the Park Board, the Planning and Zoning Board and Rice Creek Watershed District and has received their approval. The DNR will not be involved with this plat. The wetlands are under the jurisdiction of the U.S. Army Corps of Engineers (CORP). The existing wetlands were identified by a qualified person and a wetland location and alteration plan was prepared and sent to the CORP for approval. The grading plan for the plat was sent to the CORP by the developers technical representatives. A report from the CORP was expected today. At the public hearing held on December 9, 1991, the adjacent property owners raised many questions about the high water table in the area and how the proposed ponding at the north end of the site would affect existing homes along East Shadow Lake Drive, Lantern Lane and Black Duck Drive. A detailed evaluation was made on how the proposed ponding would impact this site. The existing storm sewer which links the pond to Reshanau Lake was field verified and all the pipe sizes were identified. For comparison, storm water routing calculations were made for both the existing site conditions and proposed site conditions. It was found that the proposed enlarged ponding system actually lowers the flood levels in the area. Under existing conditions, flood water flows over the emergency spillway at the northeast corner of the plat. Under proposed ponding conditions, flood water is contained within the proposed enlarged pond. To further PAGE 8 139 140 COUNCIL MINUTES MARCH 9, 1992 aid in lowering the high water table in the area, a system of trench drains is proposed. The trench drain system will be incorporated with construction of the sanitary sewer and the storm sewer. The intent of this system is to draw down the high water table in the area. At the public hearing there was opposition to the trail system for this plat. The developer has since purchase the property of the family that was most opposed to the trail system. The trail can now be constructed across the front of the lot of that home and this will make the trail consistent with the two (2) adjoining proposed plats. A variance is required for Lot 10, Block 2 for double frontage with the consideration that a berm and plantings be placed as a screen along Birch Street. A variance is also required for the westerly cul -de -sac which exceeds 500 feet in length. These variances were approved at the December 9, 1991 Council meeting. Approval was granted to the preliminary plat subject to the following: 1) Successful second reading of the rezoning from Neighborhood Business (NB) to Single Family Residential (R -1). 2) The grading plan and utility plan need to be revised to meet the needs of the City and other agencies. 3) Adjustments need to be made to the plat to comply with City standards except where variances are explicitly granted. These items have all been addressed to the satisfaction of the City Staff. Mr. Boxrud noted that the residents along Lantern Lane are aware of the new drainage design and there has been no further comments from them. Bruce Becker, 1040 Lantern Lane explained that as more houses were constructed on Black Duck Drive there was more water in his back yard. Mr. Boxrud explained that the design will carry the water to the west away from his property. There will be grading along the rear lot lines of the homes along Lantern Lane. George Ulfig, 1002 Lantern Lane explained that he has lived next to the 15 inch culvert for four (4) years and nobody has ever come to look at it nor maintain it. He asked who will be responsible to maintain the culvert leading from the pond to Reshanau Lake. Mr. Boxrud explained that there are adequate easements to allow for maintenance by the City. The deeper PAGE 9 1 1 1 COUNCIL MINUTES MARCH 9, 1992 ponding will allow for settling before debris gets to the pipe so that there will be less need for maintenance. Ben Benson, 6666 East Shadow Lake Drive said he was told that the emergency outlet to the west currently is not flowing. He was told that this was not intended to be an emergency outlet. Mr. Benson expressed concern that 47 additional homes would put more pressure on the ground. Mr. Boxrud explained that there will be a drainfield to further reduce the water table. Mr. Benson asked what will happen when the lake is higher than the pond? Mr. Boxrud explained that if there is not a proper outlet from Reshanau Lake to Rice Lake there will be problems. However, the pond will be lowered to provide adequate "bounce" in the pond. Mr. Benson said that he has seen Reshanau Lake flow backwards into the pond. Mr. Benson asked what is the distance from the edge of to his lot? Mr. Boxrud said 30 feet from flood level. is 10 feet deep. Mr. Benson said the City should look outlet of Reshanau Lake. Mayor Reinert said this will addressed in the water management study plan. Mayor Reinert noted that the developer is to be commended for redoing his development proposal and commended for the drain tile plan. It is hoped that this will take pressure off of the adjoining lots. Tom Wall, 998 Lantern Lane asked what effect does the pond being 10 foot deep have? Mr. Boxrud explained that the lower pond will affect the outlet and allow settling before the water flows to Reshanau Lake. Mayor Reinert asked if there are any chances that the outlet pipe can be plugged. Mr. Boxrud said yes but the outlet will have a safety grate that should be routinely inspected. Council Member Neal asked if there is backflow from the lake, is there any mechanism that can stop the backflow. Mr. Boxrud said no, any mechanical device would be extremely difficult to maintain. Black Duck Estates, Second Addition Mr. Boxrud explained that this plat is proposed with 27 single family lots. Other than the west end of the plat, this plat is essentially a resubmittal of what was approved as Lake Crest Addition. The easterly portion of Lake Crest proposed four (4) lots with two (2) driveways accessing Birch Street. This has now been replaced by a cul -de -sac with smaller lots which provides greater density for the developer. The Planning and Zoning the pond The pond at the be PAGE 10 141 142 COUNCIL MINUTES MARCH 9, 1992 Board, the Park Board and the Rice Creek Watershed District have all reviewed the proposed plat. The DNR is not involved in the wetlands on the site. The wetlands are under the jurisdiction of the U.S. Army Corps of Engineers (CORP). The existing wetlands were identified by a qualified person and a wetland location and alteration plan was prepared and sent to the CORP for approval. The grading plan for the plat was sent to the CORPS by the developers technical representatives and a preliminary report on findings is expected today. As with Black Duck Estates, the public hearing brought many questions regarding the high water table. Please refer to the Black Duck Estates discussion regarding this matter and the matter of a trail system. A variance was approved at the December 9, 1991 Council meeting for the easterly cul -de -sac which will exceed 500 feet. In addition, approval of the preliminary plat was subject to the following: 1) A 30 foot access easement being provided across Lot 17 in favor of the twin home. 2) Final configuration of the lots must meet shoreland ordinance requirements for frontages, setbacks and area. 3) Lot lines adjacent to Reshanau Lake should be radial to a common point in the lake. 4) The final grading and utility plans must be consistent with the needs of the City and other review agencies. These items have been addressed to the satisfaction of the City Staff. Council Member Kuether moved to adopt Resolution No. 92 - 37 subject to receipt of an indication of acceptance of the wetlands proposed by the Corps of Engineers. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 37 can be found at the end of these minutes. Council Member Elliott moved to adopt Resolution No. 92 - 38 subject to receipt of an indication of acceptance of the wetlands proposed by the Corps of Engineers. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 38 can be found at the end of these minutes. Consideration of Resolution No. 92 - 33 Initiating Improvement Procedure, County Road J (Ash Street from Hodgson Road west to PAGE 11 1 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 Royal Oaks Road) - Mr. Schneider explained that an informational meeting was held February 27, 1992 and many residents and nonresidents attended. Mr. Schneider recommended that the Council consider a five (5) year assessment for this improvement and leave the five (5) foot sidewalk as an optional issue. He noted that Circle Pines should be participating more in the construction of the sidewalk since the impacts on their residents is greater. Approving this resolution will not commit the Council to the improvement project, but will begin the formal procedure in the event that assessments would be levied. Mayor Reinert asked how many of the audience at the informational meeting were Lino Lakes residents? Mr. Schneider explained that there are 22 Lino Lakes residents affected by the project. There were many other people at the meeting and some that would not be affected by the improvement. Council Member Neal asked that Mr. Schneider explain the two (2) lane proposal verses the four (4) lane proposal. Mr. Schneider explained that the plan is to construct a 52 foot wide roadway and stripe it for two (2) lanes of traffic. When the traffic count exceeds 8000 vehicle per day, the street will be striped for four (4) lanes. Council Member Kuether moved to adopt Resolution No. 92 - 33. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 33 can be found at the end of these minutes. Consideration of Resolution No. 92 - 34 Receiving Report and Calling Improvement Hearing, County Road J - Council Member Kuether moved to adopt Resolution No. 92 - 34. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 34 can be found at the end of these minutes. Consideration of Resolution No. 92 - 35 Approving Plans and Specifications and Advertise for Bids, Controls and Telemetry System for Water System - Mr. Schneider explained that in order for the elevated water storage tank to become a functional part of the City water system, controls and a system to transmit signals from the wells and water tower to the control computer must be installed. This system was included in the preliminary study, but was not included in the water tower bidding because it is a specialized project. A control and telemetry system has now been prepared and the plans and specifications have been submitted to the City by TKDA. PAGE 12 143 144 COUNCIL MINUTES MARCH 9, 1992 Council Member Kuether moved to adopt Resolution No. 92 - 35. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 35 can be found at the end of these minutes. Consideration of Resolution No. 92 - 36 Approving Phase I of a Proposal for the Local Water Management Program - Mr. Boxrud explained that Lino Lakes has been concerned with wetlands, drainage and lake matters for many years. Each developer has had to develop an analysis of surface water runoff issues for his own area. Ponding has been developed in almost all plats to meet requirements of the Rice Creek Watershed District and other agencies. The impact of this ponding on the City as a whole is not clear. Surface water management planning has been considered to review these concerns on a larger scale. The City now has the impact of the new law "The Wetland Conservation Act of 1991" to consider. This law will regulate activities relating to wetlands for years to come. Although the new law does not take permanent effect until July 1, 1993, the interim rules took effect on January 1, 1992. The Wetland Conservation Act requires a local government unit (LGU) to be identified to administer the interim provision of this act. The Board of Soil and Water Resources (BWSR) has suggested that the responsibility for the interim program be given to the LGU that will ultimately be responsible for administering the permanent program. Within the seven (7) county metropolitan area, only cities, townships and water management organizations (WHO's) can administer the permanent wetland regulation program. It has been suggested that the administration of the interim regulations be performed by the same entity, city, township or WMO, that is regulating the water management activities of the 103B.231 directive. Those local governments that have prepared an accepted local water management plan could then be the LGU for the area under its jurisdiction. Those local governments that do not have an accepted local water management plan would be under the jurisdiction of the WMO, and the WMO would be the LGU. The Rice Creek Watershed District has designated themselves as LGU for Lino Lakes and has notified the Board of Soil and Water Resources that they will be the LGU for Lino Lakes. In order for Lino Lakes to successfully be designated the LGU, the City must develop an accepted Local Water Management Plan. The City Staff has been discussing the details of a local Water Management Plan with SEH for several months. A program has been developed for completing an acceptable LWMP for Lino Lakes by the end of 1992. PAGE 13 1 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 The Council packet contained a proposal for Step l of this process and in order to consider this in the proper perspective the anticipated scope to complete the plan including ordinance amendments were attached. Although the total program is shown to cost $89,000.00, Step 1 would be the only commitment by the City at this time. It is planned that Step 1 would be completed before June 1, 1992 and would include a task element identifying a financing method for the addition Steps 2 and 3 to complete the LWMP by December, 1992. It is proposed to create a Lino Lakes citizen's Task Force to provide input to the plan and probably to continue beyond the completion of the plan in 1992 to give guidance to future considerations to water quality. It was noted that SEH has successfully completed similar plans for the nearby cities of Roseville and Mounds View which can be used to pattern the work for Lino Lakes. SEH has proposed to assign as project manager Rocky S. Keehn, a registered professional engineer who is a civil engineer with a master's degree in water resources. Mr. Keehn is also a Lino Lakes resident who is currently serving on the Comprehensive Park Advisory Board which would provide a model for the Citizen's Task Force for the Local Water Management Plan. The Council was requested to authorize the Mayor and City Clerk to sign an agreement for Step 1, services proposed by SEH. Council Member Kuether asked if this project will be a "real hassle" to take care of? It was noted that SEH has been through the process and organizing the Task Force will take the most time. Mr. Schneider said that this was a very technical process and felt this would be perfect timing for Lino Lakes. Mayor Reinert felt if this was not done, water problems in Lino Lakes would become more intense. Mr. Schneider noted that this will be of real value to developers and eventually developers will pay for the plan. It was not that if Lino Lakes became the designated LGU, the developers will deal directly with Lino Lakes and not the RCWD or VLMO. Control is brought to the City. Council Member Elliott moved to adopt Resolution No. 92 - 36 Approving Phase I of a Proposal for the Local Water Management Program. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 36 can be found at the end of these minutes. Extension of 60 Day Waiting Period, Rice Lake Drive - Mr. Schneider explained that he will be meeting with the residents PAGE 14 145 146 COUNCIL MINUTES MARCH 9, 1992 March 19, 1992 and asked that action on the Rice Lake Drive Improvement be delayed until after that date. He noted that residents were concerned that if they did not submit their petitions against the improvement, they may be caught with an assessment. Mr. Hawkins noted that there is no provision in the Charter or State Statutes for waiving or expanding the 60 day waiting period. He suggested that the petition against the improvement could be prepared and submitted to the City Clerk and she could hold it until after the neighborhood meeting. Mr. Schneider noted that there are some good alternatives for this improvement. ATTORNEY'S REPORT Consideration of Reshanau Lake Trunk /Wenzel Farms Eminent Domain Action - Mr. Hawkins noted that legal action has been completed on 10 parcels either through negotiations or eminent domain. The final awards were made by the Commissioners and no appeals are anticipated. A request for payment to the Commissioners was also presented. Council Member Elliott moved to approve the Commissioners award and make final payment to the property owners and to each Commissioner. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. CONSIDERATION OF NON -UNION EMPLOYEE REVIEWS Mr. Schumacher has prepared and given to the City Council Schedule A outlining proposed pay increases for all full time and part time support staff and non - support staff. He noted each employee received an annual review. During the Council Work Session of March 4, 1992, this matter was reviewed in detail. The Council considered a 3 1/2% cost of living adjustment plus a 2% merit for all full time support staff and a 3 1/2% cost of living increase for all part time support staff. The Council considered a 3% to 6% lump sum for all non - support staff. The lump sum adjustment is not to be included in the employee's base salary. Mayor Reinert said that there will be some savings for the City on benefits if the lump sum adjustment is approved. He also noted that if the economy rebounds, the Council could look at the situation differently. Council Member Kuether moved to approve Schedule A as prepared by the City Administrator. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 15 1 1 1 1 1 COUNCIL MINUTES MARCH 9, 1992 OLD BUSINESS Determining Length of Term of Office for Newly Appointed Park Board and Planning and Zoning Board Members - The names of each newly appointed Park Board and Planning and Zoning Board Member were placed in a container. Names were drawn first for the two (2) year terms and next for the three (3) year terms. The Park Board terms are as follows: Two Year Terms Three Year Terms - Jacquelyne Farm, 12/31/93 Raymond Johnson, 12/31/93 - Brian Bourassa, 12/31/94 John Baumann, 12/31/94 The Planning and Zoning Board terms are as follows: Two Year Terms Three Year Terms - Tom Mesich, 12/31/93 James Schaps, 12/31/93 - John Landers, 12/31/94 Kathleen Nordine, 12/31/94 Frederick Gelbmann, 12/31/94 The first meeting for these newly appointed Board Members will be April, 1992. NEW BUSINESS Consideration of Renewal of Centennial Fire Relief Association Gambling License - The Centennial Fire Relief Association is conducting a pull tab operation in the 49 Club, 6007 Hodgson Road. This organization has complied with the provisions of the City Gambling Ordinance. Their requirements have been met in the purchase of equipment for the Centennial Fire Department. Police Chief Dean Campbell reports no problems with this operation. Council Member Neal moved to approve the renewal of the gambling license for the Centennial Fire Relief Association for operation at the 49 Club. Council Member Elliott seconded the motion. Motion carried unanimously. Mayor Reinert noted the 1992 Legislative Conference, March 24, 1992, the Charter Commission meeting, March 12, 1992 and the Girl Scout Week proclamation. Consideration of Election Judges List for April 7, 1992 Presidential Primary Election - Mrs. Anderson presented a list of Judges to the Council for approval. She noted that she will be PAGE 16 147 148 COUNCIL MINUTES MARCH 9, 1992 hiring 14 Judges from the list. Council Member Kuether moved to approve the list. Council Member Neal seconded the motion. Motion carried unanimously. Recognition of Departing Park Board and Planning and Zoning Board Members - Council Member Kuether suggested that the City recognize former Park and Planning and Zoning Board members by giving them a certificate or plaque. It would be a recognition of the time spent in service to their community. Council Member Neal moved to give former Park Board and Planning and Zoning Board members plaques in recognition of their services. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Schumacher will order the plaques and let the Council know when they are ready for presentation. Soliciting Bids for Lawn Mowing - Council Member Elliott suggested that the Council discussion securing bids from the private sector for lawn mowing for next season. This matter will be placed on a Council work session agenda. The Council adjourned at 9:21 P.M. to a closed session to discuss the Arcon Litigation and returned at 9:42 P.M. Arcon Litigation, Retainage Alternatives - Mr. Hawkins explained that the Council just met in a closed session and discussed this matter. Arcon Construction Company is requesting that the City pay them the 5% retainage from the Reshanau Trunk Sewer Improvement in lieu of a bond or other acceptable security. This procedure is acceptable and does allow Arcon to provide such security as a Certificate of Deposit on which they will earn interest. The City is also protected since the security must be pledged to the City until the City releases it. Council Member Kuether moved to approve an escrow agreement and payment to Arcon Construction Company. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether moved to adjourn at 9:44 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on April 13, 1992. Marilyn G. Anderson, Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 17 1 1 1 Council Member adoption: Elliott introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 92 -29 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1992 - 1993. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in Funding Year 1992 - 1992 in the amount of $28,738.00, and WHEREAS, The City is in the process of establishing a Surface Water Management Plan within the existing wetlands, and WHEREAS, There is a need to acquire property within existing wetlands for the purpose of implementation of said plan, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. Funds since it's inception, and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka Community Action Program, and WHEREAS, The City Council supports the RISE Program, designed to provide assistance to area residents with physical and /or mental handicaps in the form of job training and skills development, and WHEREAS, The City Council supports Alexandra House and its cause of assisting battered women and their children, 149. 150 Resolution 29 -92 Page 2 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $11,113.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of the City's Surface Water Management Program. 2. That the Lino Lakes City Council hereby requests that $ 9,800.00 of its 1992 - 1993 C.D.B.G. Funds be used in support of of the Senior Citizen Coordinator Program, designed to promote the the center's activities, programs and general operation. 3. That the Lino Lakes City Council hereby requests that $ 4,125.00 of its 1992 - 1993 C.D.B.G. Funds be designated for the Anoka County Community Action Program. 4. That the Lino Lakes City Council hereby requests that $ 2,100.00 of its 1992 - 1993 C.D.B.G. Funds be designated for RISE, Inc. of Anoka County, 5. That the Lino Lakes City Council hereby requests that $ 1,600.00 of its 1992 - 1993 C.D.B.G. Funds be designated for Alexandra House. Adopted by the Lino Lakes City Council this 9th Day of March, 1992 Reinert, Mayor Marilyn G Anderson Clerk Treasurer y Clerk/ Treasurer The motion for adoption of the foregoing resolution was duly seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Kuether , Reinert , Elliott . The following voted against same: None. , • Council Member Neal abstained. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 30 RESOLUTION SUPPORTING THE NORTH METRO MAYORS `ASSOCIATION'S RESOLUTION OPPOSING PROPOSED LEGISLATION THAT LIMITS ABILITY OF THE METROPOLITAN COUNCIL OR METROPOLITAN WASTE CONTROL COMMISSION TO BORROW FUNDS FOR SEWER INTERCEPTOR EXTENSION WHEREAS: the City of Lino Lakes is a member of the North Metro Mayors Association, and WHEREAS: the North Metro Mayors Association has adopted a resolution opposing H.F. #1778 and S.F. #1656, NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LINO LAKES, MINNESOTA, that the City of Lino Lakes supports the resolution adopted by the North Metro Mayors Association, and BE IT FURTHER RESOLVED, that the City of Lino Lakes requests that all legislators representing the Lino Lakes area seek rather to deal with the problems the bill attempts to address in a straight forward manner as identified herein and defeat H.F. #1778 and S.F. #1656. Adopted by the Council of the City of Lino Lakes this 9th day of March, 1992. Vernon F. Reinert, Mayor Marilyn/ . Anderson, Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 152 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 39 RESOLUTION DIRECTING THE PUBLIC HEARINGS ON ALL LAND USE ISSUES HE HELD BEFORE THE PLANNING AND ZONING BOARD WHEREAS: the Lino Lakes City Codes provides that public hearings regarding land us issue may be held before the City Council or the Planning and Zoning Board, WHEREAS: the City Council desires to hold all public hearings regarding land use issues before the Planning and Zoning Board to provide extra time at regular Council meetings to allow for other matters to be considered, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that all public hearings regarding land use issues (Conditional Use Permits, Rezoning Requests, Preliminary Plat Requests, etc.) be held before the Planning and Zoning Board. Adopted by the Lino Lakes City Council this 9th day of March, 1992. Vernon F. Reinert, Mayor 6„ 2 Marilyn G.`Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION pro. 92 — 31 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Lino Lakes, Minnesota that the roads described as follows, to wit: Nonexisting route Fourth Avenue from Apollo Drive to State Trunk Highway No. 49, a distance of approximately 0.20 miles, and, Nonexisting route Lino Industrial Boulevard from Apollo Drive to State Trunk Highway No. 49, a distance of approximately 0.24 miles, be, and hereby is established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roads or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lino Lakes. Adopted by the City Council of Lino Lakes this 9th day of March, 1992. Vernon F. Reinert, Mayor A, /) Marilyn t.G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. 153 154 RESOLUTION NO. 92 - 31 Page -2- The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City of Lino Lakes on March 9, 1992. (SEAL) aAA MarilynUG. Anderson, Clerk - Treasurer 1 1 1 1 ENTR CE LILAC ST. - Segment "C" S.T. HWY NO. 49 _ _ CEMRMJ _ ITORW SEWER I;1 t WAIEtMMN �? �o 0 .r %v4G /`154 StcrltNT r cosrmG WEST arrow_ TRUNK SEWER WA i , s 100 aoo 1000 15S CITY OF LINO LAKES APOLLO DRIVE &hi/Sir-- 3 //?_ -18- 16 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 — 32 RESOLUTION ORDERING PREPARATIONS OF PLANS FOR WENZEL FARMS, THIRD ADDITION IMPROVEMENT WHEREAS: a certain petition requesting the improvement of Wenzel Farms was duly presented to the Council on the 14th day of January, 1991; and WHEREAS: pursuant to resolution of the Council adopted January 14, 1991, a report has been prepared by Darrell Schneider, TKDA with reference to the improvement, and this report was received by the Council on March 11, 1991; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The council finds and determines that said petition was signed by all owners of real property in Wenzel Farms named as the location of the improvement. 2. John Powell, TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council the 9th day of March, 1992. Vernon F. Reinert, Mayor Marily G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Reinert, Elliott. The following voted against same: None, Kuether abstained. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 37 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLACK DUCK ESTATES, FIRST ADDITION WHEREAS: there have been recognized soil and water problems in the area, and WHEREAS: the CORP of Army Engineer's (CORP) has jurisdiction over many of the wetland areas, and WHEREAS: this portion of this area was previously considered to be a Lakes Addition, and WHEREAS: it is necessary to extend a park trail system through the area, WHEREAS: there are existing sewer and water utilities available to the site, NOW THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council, that these matters have been fully addressed in the design of the proposed preliminary plat, and BE IT FURTHER RESOLVED, that the preliminary plat of Black Duck Estates, First Addition be approved as submitted by the City Engineer. Adopted by the Lino Lakes City council this 9th day of March, 1992. Vernon F. Reinert, Mayor Marly G.'Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 157 158 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKE RESOLUTION NO. 92 - 38 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLACK DUCK ESTATES, SECOND ADDITION WHEREAS; there have been recognized soil and water problems in the area, the Corp of Army Engineer's (CORP) has jurisdiction over many of the wetland areas, this portion of this area was previously considered to be a Lakes Addition and later Lake Crest Addition, WHEREAS; WHEREAS; WHEREAS; WHEREAS; it is necessary to extend a park trail system through the area, there are existing sewer and water utilities available to the site, NOW THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council, that these matters have been fully addressed in the design of the proposed preliminary plat, and BE IT FURTHER RESOLVED, that the preliminary plat of Black Duck Estates, Second Addition be approved as submitted by the City Engineer. Adopted by the Lino Lakes City Council this 9th day of March, 1992. Vernon F. Reinert, Mayor / Marilynpp. Anderson, Clerk The motion for the adoption of the foregoing resolution seconded by Council Member Neal and upon vote being taken the following voted in favor thereof: Neal, Kuether, Elliott. The following voted against same: None. was duly thereon, Reinert, Where upon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 — 33 RESOLUTION INITIATING IMPROVEMENT PROCEDURE, COUNTY ROAD J (ASH STREET FROM HODGSON ROAD WEST TO ROYAL OAKS ROAD) WHEREAS, Anoka County proposes to improve County Road J from Hodgson Road to Royal Oaks Drive and to assess the City of Lino Lakes $41,900.00 for a portion of the construction of concrete curb and gutter, storm sewer improvements and walkway, and WHEREAS, the City of Lino Lakes proposes to assess the cost of construction and other related costs to the benefitted property owners, pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that the proposed improvement be taken under advisement for study and determine whether the improvement should best be made as proposed or in connection with some other improvement. Adopted by the Lino Lakes City Council this 9th day of March, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 159 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 34 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE IMPROVEMENT OF COUNTY ROAD J (ASH STREET) WHEREAS, a report for the improvement of County Road J has been prepared by Anoka County and received by the Lino Lakes City Council on February 10, 1992, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of County Road J in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $41,900.00. 2. A public hearing shall be held on such proposed improvement on the 13th day of April, 1992 in the council chambers of the city hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements ='as required by law. Adopted by the Lino Lakes City Council this 9th day of March, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 35 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CONTROLS AND TELEMETRY SYSTEM FOR WATER SYSTEM WHEREAS: pursuant to a resolution passed by the Council on July 8, 1991, the City Engineer has prepared plans and specifications for the Controls and Telemetry System for the Water System and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications have previously received and approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:30 A.M. on Thursday, April 9, 1992, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, April 13, 1992 in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) per cent of the amount of such bid. Adopted by the Lino Lakes City Council this 9th day of March, 1992. PAGE 1 Vernon F. Reinert, Mayor 161 162 RESOLUTION NO. 92 - 35 Marilyn G Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was: duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 1 PAGE 2 1 1 Council Member Elliott moved it adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 — 36 RESOLUTION APPROVING PHASE I OF A PROPOSAL FOR THE LOCAL WATER MANAGEMENT PROGRAM WHEREAS: There is a need to develop a local water management plan to meet the requirements of the Wetlands Conservation Act of 1991, and WHEREAS: the City must retain the services of an engineering consultant experienced in the preparation of this plan, WHEREAS: the city staff and the consultant have developed a scope of work to complete this plan in three steps, WHEREAS: the City would like to authorize the consultant to complete that portion of the plan designated as Step 1 at a cost not to exceed $15,000.00. NOW THEREFORE, BE IT RESOLVED CITY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that the Mayor and the Clerk- Treasurer be authorized to sign an agreement with the consultant to complete this work. Adopted by the council of the City of Lino Lakes this 9th day of March, 1992. Vernon F. Reinert, Mayor Marilyn Q'• Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted.