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HomeMy WebLinkAbout04/12/1993 Council Minutes104 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES APRIL 12, 1993 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Public Works Director, Don Volk; Planning Coordinator, Mary Kay Wyland; Parks Director, Marty Asleson; Solid Waste Coordinator, Fran Kurk; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. ITEMS TO BE ADDED TO AGENDA: Mr. Schumacher requested that an item "F" be added to New Business; Proposed Legislation Regarding Assessing Regional Parks and Open Space. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Council Work Session, March 17, 1993 Council Meeting, March 22, 1993 DISBURSEMENTS: Approved Approved March 31, 1993 Approved April 12, 1993 Approved Centennial Fire Department Approved OPEN MIKE REGULAR AGENDA PAGE 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 Bob Nelson, 6733 East Shadow Lake Drive - Mr. Nelson explained that he recently reviewed a video tape of the March 22, 1993 Council meeting and said that there were some items that need clarification. He read a long statement which included a rebuttal to the "allegation" that the older lake lot owners want to keep the lake private. Mr. Nelson gave a brief history of the development of the Reshanau Lake area. He noted that the lake lot owners were not "selfish" but wanted to preserve what had brought them to this area. Mayor Reinert noted that there are a number of residents present this evening both "pro" and "con" regarding the subject of a private boat launch on Reshanau Lake. He explained that this item is not on the agenda for any type of action this evening. Mayor Reinert explained that the City has contacted Mediation Services and they are in the process of gathering information so that mediation on this matter can take place. He explained that if this does not work, the matter will be turned over to the City Attorney. Mayor Reinert said he hoped to avoid this action. Paul Brand, 6789 East Shadow Lake Drive read the City Council minutes for July 24, 1989. The minutes concerned the public hearing for the preliminary plat of Reshanau Park Estates. The minutes indicated that there were no plans to develop Outlots A and B as originally planned. Mr. Brand then explained what he felt had occurred at the two (2) outlots since the original public hearing. Mr. Brand also read from the Reshanau Park Estates Home Owner's Association document stating that according to this document the Association looks to the City for authority. He concluded by asking several questions: 1) when and what is the City going to do about this issue?; 2) has the City communicated with the DNR, the ACORP and the RCWD that the Home Owner's Association went forward with the boat launch without the necessary permits from the City?; 3) had this same scenario happened with another developer, would the City act or failed to act in the same manner? Martha Walmsley, 6978 Black Duck Drive appeared before the City Council to express her concern about due process. She referred to an incident on March 28, 1993 at Outlots A and B where several people entered the property without permission and removed material. Two (2) of the six (6) persons who entered the property without permission are appointed members of City boards or commissions. Following this incident Mrs. Walmsley called Mayor Reinert and asked that he request the resignation of these two (2) appointed public officials. The following week Mrs. Walmsley and Mrs. Ostergren talked to Mayor Reinert again. Mayor Reinert said that the City Council would not take action until it is proven that a crime had been committed and the two individuals PAGE 2 105 106 COUNCIL MEETING APRIL 12, 1993 have been prosecuted. Mrs. Walmsley read Section 204.01 Policy and Section 204.02 Covered Officials and Employees from the Code of Conduct in the City Code and asked Mayor Reinert if he agreed that the Code of Conduct covers the positions of Chairman of the Planning and Zoning Board and the Chairman of the Charter Commission. Mayor Reinert said that he would not respond this evening. Mrs. Walmsley read Section 204.03 Responsibilities of Public Office of the City Code and asked Mayor Reinert if he agreed that these individuals were above reproach. She also read minutes from the March 10, 1993 Planning and Zoning Board meeting regarding the action of the Board on this matter. Mrs. Walmsley said that the Chairman of the Planning and Zoning Board attempted to carry out the recommendation of the Board by allegedly trying to demolish the boat launch. She asked in light of this action do you believe that in the future the Planning and Zoning Board Chairman will be able to observe in his official acts the highest standards of morality and to discharge the duties of his office regardless of personal considerations. Mrs. Walmsley said she was unhappy with this situation and requested that Mayor Reinert request the resignation of the public officials that were involved in the March 28, 1993 incident. She added that the Home Owner's Association does not plan any personal action against any of the individuals. Mayor Reinert explained that since this matter was not on the agenda this evening, the City Council will not take any action other than to take the matter under advisement and place the matter on the next City Council agenda. Mrs. Walmsley noted that at the April 7, 1993 Council Work Session, Mr. Hawkins said he had turned the March 28, 1993 incident over to the County Attorney so that he could decide whether any of the individuals would be prosecuted. She asked Mr. Hawkins when he would make the police report available to the County Attorney. She noted that the County Attorney had received Mr. Hawkins letter but not the police report. Mayor Reinert again stated that all comments this evening would be taken under advisement and would be addressed at the next work session. He also explained that all City elected and appointed officials take the Code of Conduct very seriously. Peter Brown, 6897 Black Duck Drive explained that he has observed the situation regarding Outlots A and B escalate. He felt that the City government is in a position of leadership in this matter and should "spearhead" negotiations. He asked the City Council to be aware of the concern this issue is causing. He expressed concern that the Home Owner's Association has violated City Council directives and City Ordinances and nothing has happened PAGE 3 1 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 to them. He noted the incident of March 28, 1993 and said he felt the two (2) wrongs do not make a right. Mr. Brown felt that the situation is escalating and it will take involvement by the City Council. Ben Benson, 6666 East Shadow Lake Drive asked to make four (4) points regarding this situation. He first referred to the City Charter and noted it was adopted shortly after he became mayor. He explained that the document was instituted because people were concerned about their property and the manner in which developer's were operating in the City. Mr. Benson referred to the development of Country Lakes Park located at the southwest corner of Reshanau Lake. He explained that when the LAWCON grant was accepted for the development of that park, the City decided that the boat ramp area would be for carry -on boats only. It was the City Council opinion at that time that the lake could not support public motor boating when the lake would be fully developed with houses all around it. Mr. Benson's third point involved a developer who wanted to develop a lot on the east side of Peltier Lake for use by all the homeowner's in his subdivision. At that time, either the DNR or the ACORP ruled that only three (3) or four (4) lot owners could use the lot. Since the developer wanted to market all the homes with lake access, the matter was dropped. Mr. Benson's fourth point was in regard to the 1989 approval of the Reshanau Park Estates plat. The developer had wanted to develop a boat launch area so that he could market the properties with boat access. At that time the DNR and ACORP ruled that was illegal. It was made clear to Mr. Uhde that a boat ramp could not be constructed. Donald Dunn, 6885 Black Duck Drive, noted that when he was before the City Council last fall he was told that the City Council needed a few months to decide what was to be done about the use of Outlots A and B. He said he felt it was very unfortunate that a decision has not been made in view of what has happened, to delay action any longer would only cause further problems. Mr. Dunn said he felt it is well documented that a boat launch would be detrimental to the lake. He said the City Council has let the residents down and urged them to move forward and to stick to what has been documented. Mayor Reinert explained that it is difficult to deal with a concern with two (2) conflicting opinions. He noted that the City is already involved in about a dozen lawsuits and would like to avoid another. Mayor Reinert noted that emotions are very high and it is unfortunate that the alleged situation occurred in March. He explained that according to due process of law, everyone is deemed not guilty until proven otherwise and to act any differently would not be in the best interest of anyone. PAGE 4 1 07 108 COUNCIL MEETING APRIL 12, 1993 Mayor Reinert asked the audience if they were sitting at the Council table, what would they do? He explained a decision would not be made "half cocked". The matter will be brought to the next work session for consideration. Mayor Reinert said he felt that everyone must try to talk about this matter and come to a satisfactory conclusion. Tom Schaefer, 6911 Black Duck Drive referred to the Board of Review meeting when Assessor, Todd Smith outlined how each lot owner in Reshanau Park Estates is paying $5,000.00 to $10,000.00 more per lot than other lake shore lot owners. He noted that they are all paying taxes on the additional amounts. Mr. Schaefer noted that the City is holding the opinion that permits for construction of the boat launch are required, however, other legal opinions differ. He said it is hard to see why the minimal structure work that is being done on the outlots fall into the permit process. Mr. Schaefer noted that there is no intention to prosecute the neighbors who trespassed on the outlots and prosecution is not being held over their heads. The desire is to de-escalate the problem. He noted that Anoka County is planning to install a public boat launch at the north end of the outlots and this is a bigger concern. Mr. Schaefer explained that it has always been the plan to construct a private and secure boat launch for only the use of the lot owners. He asked that all residents around the lake get together and talk about how to preserve everyone's common interest. Mayor Reinert said that no matter what is the final decision of the City in this matter, all residents must think beyond the decision. This is extremely important. A gentleman said that if this matter had been dealt with originally by the City Council, none of this would have happened. This is something that was "dragged" way to far. Mayor Reinert said that this is probably true. However, this is a unique situation and the City Council is in due process on the matter. Mayor Reinert thanked everyone for coming this evening. Eugene Peterson, Newly Appointed Rice Creek Watershed District (RCWD) Representative - Mr. Peterson introduced himself and explained that he was approached by some interested parties and urged to be on the schedule for appointment to the RCWD because there appeared to be a feeling that RCWD did not treat people with dignity. He said he has a strong belief on how to deal with constituents and his goal is to give dignity to all concerned. PAGE 5 1 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 Mr. Peterson explained that he has been associated with the Centennial School District for many years and does not have any background regarding watershed matters. However, he is doing a great deal of reading and learning. There were no questions for Mr. Peterson and Mayor Reinert thanked him for coming this evening. PUBLIC WORKS DEPARTMENT REPORT Second Reading, Ordinance No. 93 - 02, Solid Waste Hauler Licensing - Mr. Volk explained that the first reading of this ordinance was held on March 22, 1993. No comments have been received since that time and no changes have been made to the original ordinance. He briefly explained that the purpose of the ordinance is to require that haulers be licensed, and to attempt to limit the number of trucks using City streets while keeping a system of competition. Council Member Elliott noted that the Solid Waste Committee worked very hard in preparing this ordinance and an incredible amount of work was accomplished. Council Member Elliott moved to adopt the second reading of Ordinance No. 93 - 02 and dispense with the public reading. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 93 - 02 can be found at the end of these minutes. ENGINEER'S REPORT Consideration of Approval of Right -of -Way Plat for Apollo Drive - At their regular meeting on November 23, 1992, the City Council authorized staff to proceed with acquisition of the easements and rights-of-way necessary for construction of Apollo Drive improvements. To proceed with the acquisitions, legal descriptions of the property in question must be prepared. The method used to describe the property was to prepare a right-of- way plat for Apollo Drive. This right-of-way plat addresses all of the properties affected by the eminent domain action for the Phase I Improvements. The plat has been reviewed and found to be consistent with the Apollo Drive Improvement construction plans. Approval of the plat by the City Council and subsequent recording by Anoka County is necessary to continue the eminent domain proceedings. Mr. Schneider noted that Phase I encompasses about 75% to 80% of PAGE 6 109 110 COUNCIL MEETING APRIL 12, 1993 the entire project. Council Member Bergeson moved to approve the Apollo Drive Right -of -Way Plat. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 18 - 93 Ordering Preparation of Plans and Specifications for the Installation of Sanitary Sewer and Water Trunk Facilities, Phase II, Apollo Drive - Mr. Schneider explained that this project encompasses the remaining portion of Apollo Drive or about 20% to 25% of the project. The project involves the extension of trunk sewer and trunk water through the presently City owned Business Park and under Apollo Drive to Lilac Street at an estimated cost of $461,000.00. The project was presented at a public hearing on December 14, 1992. On February 14, 1993, the 60 day waiting period under the City Charter expired. This project was last discussed on February 22, 1993 at which time it was referred to the Economic Development Advisory Board (EDAB) and City staff. The feasibility report showed a total of eight (8) separate parcels/ownerships that would benefit from the project including the City owned Business Park property. Two (2) separate petitions signed by five (5) of the eight (8) parcels/owners opposing the assessments to their properties for sewer, water and road costs were received. Under the City Charter it would not be possible to assess these properties for the improvement as proposed by this project. If the City Council should decide to proceed with the project under these conditions, it would take a four fifths vote because the project would be City initiated, not petitioned and financing sources other than assessments would have to be identified. Recently this matter was discussed by the City's EDAB because it would impact Apollo Drive and the City's Business Park. EDAB considered this project at their March 10, 1993 meeting and determined that this project, along with the Highway 49/Lake Drive (County 23) intersection had the highest priority in Lino Lakes from an economic development perspective. This project is important to complete the installation of the most important utilities in the Apollo Business Park and allows the completion of Phase II of Apollo Drive to Lilac Street. Further review of the proposed sewer and water plan with the EDAB Chairman showed little need for the extension of sewer and water on Industrial Boulevard as more land would be available for use if this street were vacated. Eliminating Industrial Boulevard would reduce the estimated cost of the project by $71,000.00 to $390,000.00. PAGE 7 1 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 There are adequate funds in the Sewer and Water Area and Unit Charge Fund to finance the construction of these sewer and water trunks facilities at this time. Mr. Schneider described the location of the proposed utilities and noted that as other areas become interested in developing, shorter streets and utilities can be extended. Stubs would be constructed to allow Industrial Boulevard to develop in the future if the landowners become interested. Council Member Neal moved to adopt Resolution No. 18 - 93 Ordering Preparation of Plans and Specifications for the Installation of Sanitary Sewer and Water Trunk Facilities, Phase II, Apollo Drive. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 18 - 93 can be found at the end of these minutes. Consideration of Ordering Step Three of the Surface Water Management Plan Preparation Process - Mr. Schneider explained that in March, 1992, Lino Lakes began the process of developing a Surface Water Management Plan. Since funding was not available to order completion of the entire plan at an estimated cost of $90,000.00, it was decided to proceed in smaller steps. At this time the first two (2) steps have been completed which have provided the City with the follow: - Policy Document - Local Water Management Plan - Goals and Policies for Water Quality and Wetland Management Plan - Hydrologic Study - Scoping Plan - Engineering Guidelines and Developer's Guide - Hydrologic Analysis - Electronic Map of National Wetland Inventory on City Base Map and DNR Protected Wetlands Less than $25,000.00 has been spent to complete the first two (2) steps. Mr. Rocky J. Keehn of SEH was present to make a presentation on the work completed to date and the work that is proposed to be done under Step Three at an estimated cost of $15,00.00. The Surface Water Management Fund has been building to a positive balance that would allow for the payment of the preparation of Step Three. Mr. Keehn used the overhead projector and gave a presentation PAGE 8 112 COUNCIL MEETING APRIL 12, 1993 outlining the history of the entire plan. He explained that the next step is Phase III which will encompass engineering guidelines, a major point map, drainage areas and ponds and an explanation of the correlation of hydrology data. Wetlands and ponds will be described and classified as to their intended purpose. Mr. Keehn explained that the final step will be to assemble all the data collected and develop and complete the maps. All will be submitted to RCWD for review. After the RCWD review is completed, staff will review the project. When all is completed the City can then take over as the Local Government Unit (LGU) from the RCWD. Mayor Reinert asked Mr. Keehn if he was using the USDA for soil studies. Mr. Keehn said that their background documentation is good and it has the support of the federal government. All communities use the USDA studies. Mayor Reinert noted that at times the USDA has been at odds with the ACORP. Mr. Keehn said this was not a problem because the ACORP has a different methodology. Mayor Reinert asked when wetland identification will be done. Mr. Keehn said this is part of Step Three which is before the City Council for approval tonight. Council Member Bergeson asked if it is intended that the City will become the LGU. Mr. Schneider said yes, however someone with some expertise will be needed to manage this area. Council Member Elliott said she was delighted that this is being completed. She hoped this would eliminate a layer of government. It will give the City some control over their destiny. Mr. Schneider said he was impressed with how efficiently Mr. Keehn has proceed with this project and with how much material has already been prepared. He recommended that the City Council authorize staff to proceed with the preparation of Step Three. Council Member Elliott moved to authorize the preparation of Step Three of the Surface Water Management Plan process at an estimated cost of $15,100.00. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Ordering the Engineering Layout Plan for the Highway 49/Lake Drive (County 23) Intersection and Authorization for City Attorney and Staff to Take the Necessary Action to Acquire the Right -of -Way for the Highway 49/Lake Drive (County PAGE 9 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 23) Intersection by Eminent Domain - Mr. Schneider displayed a drawing of the intersection and explained the layout. He noted that a petition containing the signatures of nearly 800 residents was presented to MnDOT and this did get their attention. Mr. Schneider noted that stop signs will be installed at this intersection in May as a temporary solution until the permanent solution is completed. The cost of the project is estimated to be $1,600,000.00. MnDOT is expected to contribute about $650,000.00, Anoka County $490,000.00 and the balance $460,000.00 will be funded by Lino Lakes. Circle Pines will be asked to contribute $3,000.00. A joint powers agreement will be prepared and the City of Lino Lakes will be the responsible agency. This item was placed on the agenda so the City Council and public could be updated regarding the progress made on this project and to ask for City Council approval of the drawings. Mr. Schneider noted that the total project had been scaled back because funding was not available. A schedule for implementation of the project was included in the presentation. The schedule anticipates the need for condemnation of right-of-way. Timely execution of the right-of-way acquisition process is critical to the project schedule. In order to proceed with the project, the latest conceptual layout requires refinement and detailing to become Geometric Layout No. 3. Geometric Layout No. 3 along with a more detailed cost estimate will then be submitted to MnDOT for staff approval. This process must be started immediately in order to keep the project on schedule. Council Member Neal asked if businesses in this area will be affected by the construction. Mr. Schneider explained that they will have access to Lake Drive. Council Member Bergeson noted the reference to the City of Circle Pines and asked to make sure that they are paying for what they are getting. Mr. Schneider explained that the design engineer will be talking to the City Council at a work session. Once the layout is completed the cost estimates for each entity will be refined. He noted that it was most important that right-of-way acquisition began as soon as possible so that grading can be started this fall. Council Member Neal moved to order the Engineering Layout Plan for the Highway 49/Lake Drive (County 23) Intersection by Authorizing SEH to prepare and submit Geometric Layout No. 3/Right-of-Way Description and its associated cost estimate to PAGE 10 113 114 COUNCIL MEETING APRIL 12, 1993 MnDOT for review and approval, at a cost not to exceed $15,000.00 and to authorize the City Attorney and staff to take action necessary to acquire the right-of-way for the Highway 49/Lake Drive (County 23) Intersection by Eminent Domain. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, VACATION OF EASEMENT FOR DRAINAGE AND UTILITY PURPOSES 129.33 FEET EAST OF LAKE DRIVE ON OAK LANE, RESOLUTION NO. 14 - 93 Mayor Reinert opened the public hearing at 8:04 P.M. At the October 23, 1989 City Council meeting, the City Council approved a subdivision request for a parcel of property at 7790 Lake Drive. This subdivision was intended to add 25 feet of property to 7790 Lake Drive from an easterly lot provide for an encroachment of some out -buildings and a septic system. The property is zoned Rural and indicated as Expansion Residential (ER) in the Comprehensive Lane Use Plan. In granting this subdivision, the City Council added two (2) 20 foot "future" drainage and utility easements to the easterly lot providing for the "future" subdivision of this parcel into three (3) 76 foot wide lots when utilities become available. According to the Comprehensive Land Use Plan, areas identified as ER call for the extension of utilities by the year 2010 and provides as follows: "..any land subdivided into one (1) acre lots must be accompanied by a legally binding resubdivision plan of 1/4 acre minimum lot size. All houses on the one acre lots must be located to allow for easy resubdivision when sewer becomes available..." The easements attached to this property have followed the intent of the Comprehensive Land Use Plan, however, locating an easement down the center of this parcel of property would also follow the intent of the Plan and appear to more clearly reflect the wishes of the property owner and/or future owner. Should the easement be relocated, two (2) lots could be provided for when utilities are extended. The property owner has listed this property. for sale and has had approximately four (4) sales fall through because of the placement of these easements. The property owner contends that the placement of the easements unduly restrict construction on the site. A potential buyer has submitted a site plan calling for a 25 foot by 62 foot house with an attached 30 foot by 25 foot garage. This particular arrangement would encroach over the easement and into the middle section of the property. In fact, a typical home with an attached garage could only be 37 feet wide PAGE 11 1 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 and still meet the required five (5) foot and ten (10) foot side yard setback requirements although the actual lot is one (1) plus acre in size. Alternate building plans could be selected for this site and still provide an adequately sized dwelling and allow the property owner full enjoyment of the large lot while maintaining the existing utility easements. The property owner has asked that these easements be removed or relocated to aid in the sale of the site. It is a policy matter to be determined by the City Council whether this request is warranted. Council Member Neal asked if this matter is similar to the easement matter on Lois Lane. Mr. Schneider said no, these easements are for future drainage or utilities and not presently needed as are those on Lois Lane. The presentation here is to substitute one (1) easement for the two (2) currently in place. Council Member Bergeson noted that if the easement were located in the middle of the lot, the resulting two (2) lots would have frontages over 100 feet in width which is compatible with other lots in the area. Rosemary Melchoir, 1900 Silver Lake Road gave some written material to the City Council. She noted that she is the realtor for the property owner who lives in Wyoming and wishes to convey their feelings on the matter. She suggested another layout for the City Council to consider. She noted that what is being suggested is not what the buyer would like because they wish to place the home in the middle of the lot. It was explained that when utilities are extended across the front of the lot, the owner will not be able to subdivide into two (2) lots and the assessments may be very expensive. Scott Keeland asked why an easement could not be put down one (1) side of the lot or the other to give the owner the most flexibility for building. Ms. Wyland explained that the purpose of the easement is to insure that new structures are placed in position to allow the lot to be subdivided in the future. Ms. Melchoir explained that the owner was under the impression that the easements were to be future easements and not recorded at this time. Mayor Reinert explained that the City Council must try to avoid future problems when utilities are extended and also must comply with the requirements of the City Code and Comprehensive Land Use Plan. The City Council is not trying to deny any right of the landowner to use the land. Mr. Keeland felt the City Council was taking the flexibility away from the landowner. Mayor Reinert explained that the City Council was PAGE 12 115 116 COUNCIL MEETING APRIL 12, 1993 insuring that when utilities are available, the current landowner will be able to divide the lot and can afford to pay the assessments. Ms. Liz Racutt, 898 Lois Lane asked where the easements came from in 1989. Ms. Wyland explained again. Ms. Racutt explained if they only want one (1) house on the lot, why is there a need for three (3) separate easements. Mr. Schumacher explained the requirements for subdivision as stated in the City Code and the Comprehensive Land Use Plan. It is very possible that when utilities are available, there will be a different landowner and they will come to the City and ask why there were no provisions for dividing the lot. The City must plan for the future. Ms. Melchoir explained that the property owner was not aware that she could not sell the property as a one (1) lot for one (1) house. She was under the impression that the easements would not be recorded until in the future when utilities were available. She asked if they were future easements, why are they put on the lot at this time. She also noted that a septic system cannot be placed on the lot and stay without encroaching on the easements. Council Member Bergeson said that the recommendation to move one (1) easement to the middle of the lot and remove the second easement was brought by staff to the City Council. If the landowner does not support this recommendation, then the City Council should not act on this matter this evening. Alternate solutions can be suggested at the Council work session. Sharon Beirworth, 678 Case Avenue, St. Paul explained that she would like to buy the lot and build one (1) house in the center of the lot. She asked that the easements be moved to allow her to build as she would like. It was explained that if she builds her house in the middle of the lot and sometime later sells the lot with the house and utilities are extended to the lot, the new lot owner has no choice but to accept an assessment for the entire frontage because the lot can no longer be subdivided. Mr. Schneider explained that the cost of the assessment may be very expensive and exceed the benefit to the lot. It would be difficult for the City to follow the provisions of State Statute 429 in such a circumstance. Therefore, it is important that the City provide for subdivision in the future. The City is trying to avoid future problems. Council Member Bergeson suggested that since new information has been introduced this evening, the City Council should not take action at this time. Council Member Elliott moved to close the public hearing at 8:41 P.M. Council Member Bergeson seconded the PAGE 13 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 motion. Motion carried unanimously. Mayor Reinert explained action on this matter will be considered at the April 22, 1993 Council meeting. PARK BOARD REPORT Consideration of Short Term Park Goals, 1993 - Mr. Asleson presented a letter requesting money to be taken from the Dedicated Park Fund to meet short term goals and priorities that were established at a recent Park Board work session. The goals and expenditures are listed in priority order: 1. An amount up to but not to exceed $18,000.00 for improvements and equipment for Sunset Oaks Park, Leonard and Bradley Streets. 2. An amount up to but not to exceed $4,000.00 for a master plan design for Country Lakes Park. 3. An amount up to but not to exceed $18,000.00 for a mini park in the south Baldwin Lake area (Identified as park N-14 in the Comprehensive Park Plan.) 4. An amount up to but not to exceed $20,000.00 to pave the remaining unpaved trails from past developments and to pave those trails that are to be constructed in developments now underway. The Park Board also requested that they be authorized to investigate various purchase options for a large parcel of land in the Birch Street/12th Avenue area to be used for future development of a large athletic complex type park. Mr. Asleson noted that the area is ideal for this type of use because of its proximity to wetlands and distance from residential development. He noted that large tract parcels are disappearing and the City should be looking at options at this time. Mr. Asleson also explained that capacity has been reached in the present facilities and there have not been any plans developed for future expansion. Mayor Reinert felt that if the City is going to develop an athletic complex options should be developed soon. He also noted that such parcels become housing developments and these developments do not support themselves. Mayor Reinert said that if the City does not look to the future now we will suffer the consequences in the future. Council Member Elliott noted that the Park Board feels that an PAGE 14 117 118 COUNCIL MEETING APRIL 12, 1993 athletic complex concept should be researched soon. The Park Board is aware that they must go to the City Council for funding. Council Member Bergeson moved to approve expenditures numbers 1 through 4 listed above and authorize staff to explore possible land purchases in the above described area for further City park needs. Council Member Neal seconded the motion. Council Member Bergeson asked when the Economic Impact Study and the related wetlands study would be available. Mr. Schneider said about 90 days. Council Member Bergeson felt that the information available in these studies would impact the future park expansion purchases. Voting on the motion, motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 16 - 93 OPPOSING DETACHMENT OF PROPERTY FROM LINO LAKES AND ANNEXATION BY CITY OF CENTERVILLE Mr. Schumacher explained that on March 16, 1993, the City received a letter from the State Municipal Board stating that the Board had received a petition for detachment of property (Rehbein -East portion of Main Street, 35W intersection) from Lino Lakes and annexation of same to the City of Centerville. Resolution No. 16 - 93 declares the opposition to this action by the City of Lino Lakes. The State of Minnesota requires that the resolution be forwarded to the Municipal Board. A hearing will be scheduled after Council action is taken. Mrs. Anderson read the resolution. Council Member Elliott moved to adopt Resolution No. 16 - 93 and forward same to the Municipal Board. Council Member Bergeson seconded the motion. Motion was carried unanimously. Resolution No. 16 - 93 can be found at the end of these minutes. ATTORNEY'S REPORT FIRST READING, Ordinance No. 93 - 05 Extending Moratorium on the Siting of Adult Uses -Principal As Defined Herein Within any Zoning District of the City of Lino Lakes - Ordinance No. 93 - 05 was passed by the City Council on May 11, 1992 directing staff to prepare a comprehensive adult uses ordinance. A moratorium was instituted at that time for one (1) year. The moratorium will end on May 11, 1993 and the final adult uses ordinance is not ready for adoption. Ordinance No. 93 - 05 will allow an additional six (6) months time to finalize the ordinance, conduct the required public hearings and adopt and publish the final ordinance. PAGE 15 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 f Mr. Hawkins explained that he anticipated that the final ordinance will be in place in the next several months. Council Member Elliott moved to adopt the first reading of Ordinance No. 93 - 05. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Transferring Off -Sale Liquor License from Douglas Hughes to Gene A. Moore, Tom Thumb Stores - Mr. and Mrs. Hughes were operating an off -sale liquor store under the name of Lino Lakes Spirits. The liquor store is now closed, however, Mr. Hughes has continued to maintain the license. Mrs. Hughes has indicated that they will agree to transfer the license upon receipt of an acceptable offer for the present liquor inventory. Mr. Moore has applied for the license and has presented the proper application, fee, insurance and proof of corporate status. The Police Department completed their investigation and found nothing that would require the denial of the license. It is not clear whether Mr. Moore has reached an agreement with the Hughes for the present liquor inventory. Since the City Council cannot legally approve two (2) off -sale liquor licenses for the same establishment, it is recommended that the City Council approve the transfer of the license upon the condition that the Hughes present to the Clerk their current off -sale liquor license and their Retailer's (buyers) Card for liquor or wine. This recommendation was proposed by the Minnesota Liquor Control Commission. This is the first time the City has had an application for an off -sale liquor license from a corporation. The corporation is legally filed with the State of Minnesota. Mr. Moore will hire a resident manager for the liquor store and maintain his residency in Fridley. Mrs. Anderson noted that two (2) other persons have expressed interest in obtaining a license for the Tom Thumb Store. However, at this time only Mr. Moore's application has been received. Council Member Elliott moved to approve the transfer of the off - sale liquor license to Mr. Moore contingent upon the Hughes PAGE 16 119 12 0 COUNCIL MEETING APRIL 12, 1993 presenting to the City Clerk their current off -sale license and their Retailer's Buyer Card and Mr. Moore submitting a lease for the premises at the Tom Thumb store. Council Member Neal seconded the motion. Motion carried unanimously. Registration for League of Minnesota Cities Conference, St. Cloud, June 8 - June 11, 1993 - Mrs. Anderson explained that this was a reminder so that all Council Members can be registered as early as possible. 1993 Budget Amendment No. 1, Resolution No. 19 - 93 - Since 1988, money has been budgeted and put aside for the purchase of Accu - Vote optical scanning equipment. The City has received the equipment from Anoka County. A billing statement was received after the 1993 Budget was adopted, therefore an amendment to the budget is recommended by the City Auditor. Council Member Elliott moved to adopt Resolution No. 19 - 93. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 19 - 93 can be found at the end of these minutes. Consideration of First Quarter Water Fee Transfer, Resolution No. 20 - 93 - In 1988, the water rate increase was adopted anticipating a transfer from the Water Fund to the Area and Connection Fund for bond revenue. Transfers have been made yearly. The City Auditors have recommended that the City make the transfers quarterly for better tracking of the Water Fund. Council Member Bergeson moved to adopt Resolution 20 - 93 to make the first quarter transfer. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 20 - 93 can be found at the end of these minutes. Consideration of a Policy to Make City Hall Municipal Building a "Smoke Free" Building - Mr. Schumacher explained that because of the close working quarters and the open nature of the design of city hall as well as recent studies regarding the effects of second hand smoke, it has been requested that the City Council designate city hall as a smoke free facility. The creation of smoke free facilities is a growing trend both in the governmental as well as in the private sector. The Hennepin County Board has voted to prohibit smoking in its facilities. Council Member Neal asked if the senior citizens will be required to leave the building to smoke. Mr. Schumacher said yes there will be no smoking at all. Mayor Reinert suggested that the PAGE 17 1 1 1 1 1 COUNCIL MEETING APRIL 12, 1993 policy be implemented and if there are any problems, the matter can be brought back to the City Council. Council Member Elliott moved to adopt the smoke free policy as outlined by Mr. Schumacher and to make the policy effective May 1, 1993. Council Member Neal seconded the motion. Motion carried unanimously. Proposed Legislation Regarding Assessing Regional Parks - Mr. Schumacher explained that a bill has been proposed and is passing through the legislative process that would affect municipalities with regional parks within their corporate limits. The bill would make it impossible to assess for improvement extended to the regional park area whether or not the improvements benefit the regional parks or not. The bill would leave the decision up to the Metropolitan Council to determine any benefit. Mr. Schumacher noted that White Bear Township went through the legal effort to assess the regional park in their township and were successful. The Lino Lakes Metropolitan Council representative was not aware of this bill and said she would not be in favor of the bill. Mr. Schumacher will check the status of this proposed and update the City Council at the next work session. Council Member Elliott moved to adjourn at 9:22 P.M. Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the City Council on April 26, 1993. legislation Council Mariflyru' G. Anderson City Clerk Vernon F. Reinert, Mayor PAGE 18 121 Council Member Elliott moved is adoption: 122 introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 93 - 02 AN ORDINANCE AMENDING THE REQUIRED SOLID WASTE COLLECTION SERVICE CODE 507 BY REQUIRING ALL RESIDENTIAL SOLID WASTE COLLECTION HAULERS TO BE LICENSED BY THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains. PURPOSE It is the intent of the City Council, by means of this ordinance to require that any person desiring to collect or transport residential solid waste frau residences within the City obtain a residential solid waste hauler license faun the City. SHORT TITLE This ordinance shall be known as the Solid Waste Hauler License amendment to the Solid Waste Collection Ordinance. Section 507.03 is here by amended by adding: DEFINITI NS "Residential Solid Waste" means garbage, refuse, and other solid waste from residential activities which is generated and collected in aggregate, but excluding auto hulks or large auto parts, ash, construction debris, household hazardous waste, tree and agricultural wastes, tires, lead acid batteries, used oil, yard waste, and other materials collected, processed and disposed of as separate waste streams. "Recyclables" means materials which can be separated from the mixed municipal solid waste stream for collection and preparation for reuse in their original form, or for other uses in manufacturing processes that do not cause the destruction of the recyclable materials in a manner that precludes further use. "Targeted Recyclables" means specific recyclable materials designated by the City for collection at curbside. "Yard Waste" means garden wastes, leaves, lawn cuttings and weeds. Section 507.04 is amended by adding Subdivision 2. RESIDENTIAL SOLID WASTE COLLECTION LICENSE Subd. 2 No person shall collect garbage, refuse or recyclables fzuu residences in the City without first securing a license from the City. The City Council, in the interest of maintaining healthful and sanitary conditions in the City, hereby reserves the right to limit the number of licenses initially issued to five, through attrition the maxim rn number of licenses issued shall decrease to four. 123 I. LICENSE REQUIREMENTS A. The license shall be valid for one calendar year and shall expire on June 1st of each year unless revoked sooner. For the purposes of implementing this, the licenses will first be made available to those haulers operating in the City at the time of the enactment of this ordinance. All persons engaged in the business of individual residential collection in the City shall secure a license by June 1, 1993. B. The license is non -transferable, unless approved by the City Council. The licensee shall not be entitled to refund of any license fee upon revocation or voluntarily ceasing to carry on the license activity. C. An applicant for a license shall make application to the City Clerk through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: The name, phone number and current business address of the applicant. A list of the place or places to which the residential solid waste and/or recyclables are to be hauled. Information about the location and method of storage of collected recyclable materials, including evidence of compliance with all State, County, and local laws and regulations. D. An applicant must obtain all the insurance required by this Section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to the approval by the City and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this section have been satisfied. The licensee shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance as required under the laws of the State of Minnesota and shall hold the City free and harmless from all liability fuum any cause that may arise by reason of injuries to any employee of the licensee. In the event that the licensee is the sole proprietor and has not elected to provide Worker's Compensation Insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City. The license applicant must present proof of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of the policy shall be three hundred thousand dollars ($300,000.00) for bodily injuries to or death of one person, and six hundred thousand dollars ($600,000.00) for any one accident resulting in injuries and/or death of more than one person, and a total of one hundred thousand dollars ($100,000.00) liability for damages to property of others arising out of any accident. 124 E. An annual license fee shall be established by resolution of the City Council. F. The City Clerk shall issue licenses only after receipt and review of all required forms, certificates, and fees. Upon review of the documents suhnitted, the City Clerk shall issue a license if the documents comply with the provisions previously stated. An applicant denied a license by the City may have the decision reviewed by the City Council. The applicant shall request review by the City Council in writing within ten (10) days after denial of the license. II. DUTIES AND OBLIGATIONS OF THE LICENShp COLLECTOR A licensed garbage, refuse and/or recvclables collector must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license. A. The licensee shall operate in manner consistent with its application materials and shall provide notice to the City within ten (10) days of any change the information, forms, or certificates filed as part of the license application process. B. The licensee shall comply with all State, County, local laws and regulations. C. No collection of garbage, refuse, yard waste and/or recyclable materials shall be made except between the hours of six o'clock (6:00 a.m.) and six o'clock (6:00 p.m.) Nbnday through Saturday, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural disasters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse, and/or recyclables and the licensee shall collect the materials on those days. D. The licensee shall offer residential customers at minimum, a three tiered rate - volume option, where the rate charged for garbage collection increases as the volume of garbage collected increases, with a minimum of three volume categories. E. The licensee shall not impose a greater charge on residential customers who recycle than those who do not recycle. F. Each licensed garbage, refuse, and/or recyclables collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free $cxn offensive odors as possible, and shall not stand in any street or public place longer than is reasonably necessary to collect garbage, refuse, yard waste and/or recyclables. The licensee shall also ensure that the immediate collection site is left tidy and free of litter. 1 1 1 1 1 125 III. MANDATORY RECYCLING FOR RESIDENTIAL SOLID WASTE HAULERS Each licensed garbage, refuse, and/or recvclables collector shall provide its residential customers with an opportunity to recycle through the weekly curbside collection of targeted recyclables. A. The curbside collection of targeted recyclables shall be on the same day as the collection of the customer's garbage and/or refuse, but may occur at a different time within that day. The targeted recyclables collection shall be from a location at or near the customer's garbage/refuse collection site, or such other location mutually agreeable to the hauler and the customer. B. The recyclable materials collected shall be designated as targeted recyclables by the City. The designation process is as follows: Each licensed garbage, refuse, and/or recyclables collector shall be give 60 days written notice of proposed additions to the list of targeted recyclables. The notice will specifically describe the material(s) proposed for addition, will describe how the addition might affect the duties and obligations of the licensee and will invite each licensee to one meeting to discuss the proposed addition(s). Notice shall be deemed by mail via general delivery, to the address provided on the most recent license application or renewal form. Nothing herein shall be construed to prevent a licensee fruit offering curbside collection for other recyclable materials, in addition to the targeted recyclables. C. Adequate notification as to why recyclable material was not picked up must be left with any recyclable material(s) left at curbside. D. The licensee is also deemed the owner of the recyclables upon collection, the licensee may market them. E. Each licensee shall submit a quarterly report to the City that identifies the weight in tons of recyclables and the volume in cubic yards of yard wastes that were collected by the licensee from City residences. IV. INDFNIFICATION The licensee shall hold the City harmless fivm all damages and claims of damages that may arise by reason of any negligence of the licensee or the licensee's agent or employee while engaged in the performance of the work and services covered by the license requirements and shall indemnify the City against all claims, liens, expenses and claims for liens for work, tools, machinery, materials or insurance premiums or equipment or supplies and against all loss by reason of failure of the licensee in any respect to fully perform all obligations outlined in the duties and obligations of licensed residential solid waste collectors. V. LICFNSE REVOCATION The City Council may suspend or revoke the license of any hauling company whose conduct is found to be violation of the provisions of this ordinance. 1 246d.3 ANTI SCAVENGING PROVISION It is unlawful for any person or business to scavenge, collect or otherwise remove garbage, refuse, recyclables, or yard waste that has been placed at the curb or in recycling containers, without a license from the City and an account relationship with the owner, lessee, or occupant of the premises. PENALTY Any person convicted of violating this ordinance shall be guilty of a petty misdemeanor. Such penalty may be imposed in addition to suspension or revocation of the license. Save as above amended, Section 507 of the Lino Lakes City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect ficxu and after its passage and publication according to the City Charter. Passed this 12th day of April , 1993 by the Lino Lakes City Council. Signed this 12th day of April , 1993. Vernon F. Reinert, Mayor ATTEST: \6 -1`L -t Marilyn Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Bergeson, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon the said ordinance was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 16 - 93 RESOLUTION OPPOSING DETACHMENT OF CERTAIN PROPERTY FROM LINO LAKES AND ANNEXATION BY THE CITY OF CENTERVILLE WHEREAS: a certain petition has been filed with the Minnesota Municipal Board requesting detachment of certain property from the City of Lino Lakes and annexation of the same property to the City of Centerville; (see attached map for location), and WHEREAS: this property is zoned Light Industrial (LI) and a portion of the property is located within the MUSA boundary, and WHEREAS: the property was included in the 1991 Interchange Study, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that the City Council of the City of Lino Lakes hereby declares its opposition to the proposed detachment of certain property from the City of Lino Lakes and annexation by the City of Centerville. Adopted by the City Council of the City of Lino Lakes this 12th day of April, 1993. Vernon F. Reinert, Mayor Mar;ily G. Anderson, Clerk -Treasurer The motion for the adoption of the resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared passed and adopted. 127 128 C1 T Y OF LINO LAKES 3 L. CITY OF LINO LAKES W r) PROPOSED AREA TO ANNEXED TO THE CITY OF CENTERVII 1 F 1 1 1 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 18 — 93 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF SANITARY SEWER AND WATER TRUNK FACILITIES, PHASE II, APOLLO DRIVE WHEREAS: it has been determined that installation of sanitary sewer and water trunk facilities, Phase II, Apollo Drive would be constructed most effectively under the roadway of Apollo Drive, and WHEREAS: it would be the most cost effective to construct the utilities prior to the street construction, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The City Council finds the proposed improvement to be in compliance with the established improvement policies. 2. The City Council had determined that the proposed installation of the utilities would be most cost effective if completed prior to the construction of Apollo Drive. 3. 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 Lino Lakes City Council this 12th day of April, 1993. ifT Mar Vernon F. Reinert, Mayor 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: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. 129 130 Council member Elliott following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 19 - 93 introduced the RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR PURCHASE OF TWO ACCU-VOTE SCANNING EQUIPMENT (BUDGET AMENDMENT NUMBER 1) WHEREAS, Two accu-vote optical scanning equipment have been received from Anoka County, and WHEREAS, Since 1988, dollars have been budgeted to purchase this equipment, and WHEREAS, these dollars are designated in the General Fund balance effective December 31, 1992. NOW THEREFORE BE IT RESOLVED, that the 1993 General Fund be amended accordingly. General Fund Elections Capital Outlay increase to $10,048 Adopted by the City Council of Lino Lake -tfiis 12th day of January, 1993. ti I ✓k}1,1 \ Cc Zt (Lc --)'-N— Vernon F. Reinert - Mayor Marilyn' G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 131 Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 20 - 93 RESOLUTION TRANSFERRING FUNDS FROM THE SEWER AND WATER ENTERPRISE FUND TO THE AREA AND UNIT FUND WHEREAS, the rate increase adopted by the City of Lino Lakes in June 1988 anticipated a transfer of funds from the Sewer and Water Enterprise Fund to the Area and Unit Fund, and WHEREAS, the 1990 and 1992 bond sales projected revenue from a combination of connection fees, trunk area assessments and services, and WHEREAS, the City Engineer and Finance Director have determined that the amount from the Sewer and Water Enterprise Fund to the Area and Unit Fund for the first quarter 1993 is $24,431. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective March 31, 1993. Increase Area and Unit (406) 24,431 Sewer and Water Enterprise (601) Adopted by the City Council of Lire Lakes this 1993. Decrease (24, 431) 12th day of April, Vernon F. Reinert - Mayor /7 )'i �Maril G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Bergeson, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted: