HomeMy WebLinkAbout04/26/1993 Council Minutes132
COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 26, 1993
Staff members present: City Engineer, Darrell Schneider; City
Attorney, Bill Hawkins; Consulting Planner, Bob Kirmis; Planning
Coordinator, Mary Kay Wyland; Public Works Director, Don Volk;
City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn
Anderson.
Changes to the Agenda: Mr. Schumacher explained that Mr. Dave
Miller is unable to attend this evening. He was to speak under
Open Mike. Mr. Schumacher asked that Item 11C be added under New
Business titled, Update on Regional Park Special Legislation
Regarding Assessments.
CONSENT AGENDA
ITEM
DISPOSITION
MINUTES:
Board of Review, April 5, 1993 Approved
Regular Council Meeting, April 12, 1993 Approved
DISBURSEMENTS:
April 26, 1993 Approved
Centennial Fire District Approved
REGULAR AGENDA
OPEN MIKE
Joseph Grafft, District Memorial Ambulance Service - Mr. Grafft
said that a proposal has been made to sell/lease District
Memorial Hospital and its ambulance service to Health One. He
presented written information and used the overhead projector to
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illustrate, to the audience, certain information regarding the
ambulance service presently serving the City of Lino Lakes. He
reviewed the current ambulance services provided by District
Memorial Hospital (DMH), the services proposed by Health Span as
well as options available to all the communities currently served
by DMH.
Currently seven (7) communities served by DMH are looking at
forming a joint powers agreement to study the options for
ambulance service. Mr. Grafft asked that the Lino Lakes City
Council appoint someone to represent the City at a meeting
scheduled for tomorrow evening.
Mayor Reinert thanked Mr. Grafft for his presentation and
explained that the City Council will consider his request for a
representative from Lino Lakes and let him know.
Reshanau Park Estates Homeowner's Association - Director Kerry
Ostergren, 6900 Black Duck Drive, asked to address some
misconceptions that seem to be prevalent about Outlots A and B
which are owned by the Reshanau Park Homeowner's Association. A
complete copy of her presentation to the City Council this
evening with the addendum will be made a part of the permanent
City file.
The misconceptions include:
1. Plans for a boat launch were turned down by the City Council
several years ago.
2. At the Planning and Zoning meeting August 12, 1992, the
recommendation was made to place berms on the outlots to
prevent lake access. This was accepted by the association
but with the change of leadership, the association continued
to press for a boat launch.
3. This is a battle between the existing lake homeowners and
the Reshanau Park Estates Homeowners Association.
4. We do not understand the other lake shore homeowners point
of view and are not being neighborly about it.
5. Park side association members are not concerned about
milfoil and the quality of the lake because they do not live
directly on the lake.
6. We (Reshanau Park Estates Homeowner's Association) are out
to destroy people's reputation.
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7. The boat launch is 50 feet plus.
8. We will be launching 30 foot and 40 foot boats on our world
class ramp.
9. There will be 30, 40, 50 or a 100 people using the boat
ramp.
10. The lake parcel on West Shadow Lake Drive owned by 17
nonresident homeowner's is divided into 17 different
parcels.
11. Our 17 park side homeowner's are less responsible than the
17 owning the above mentioned parcel.
12. Our association members are not paying taxes on Outlots A
and B.
Ms. Ostergren written statement includes her response to these
misconceptions.
Ms. Ostergren addressed the Council work shop meeting process.
She noted that she has attended several of these meetings and it
appears that this is when decisions affecting residents lives are
made. These sessions are not televised and are held at
inconvenient times for a majority of the population. The
sessions are not public hearings so that residents are not
allowed the opportunity to ask pertinent questions nor clarify
inaccuracies made by elected officials and staff. Ms. Ostergren
said she opposed these meetings and asked that this process be
changed so that the public can see decisions being made in City
government.
Ms. Ostergren addressed agenda item No. 3H, SECOND READING,
Ordinance No. 93 - 04, Amending the Lino Lakes Zoning Ordinance
by Repealing Public and Semi -Public Uses from Various Zoning
Districts Within the City and noted that this proposed ordinance
is a direct result of the Outlots A and B as evidenced by Mr.
Brixius' memorandum to Mary Kay Wyland. Ms. Ostergren read a
portion of the memorandum. She said that she opposed the first
reading of the proposed ordinance at the March 22, 1993 City
Council meeting, however it was passed. Because of the conflict
with regard to the outlots and the fact that the association
agreed to mediation, the City Council agreed at the April 7, 1993
work session to postpone the second reading until the boat launch
issue was resolved through mediation. At the April 21, 1993 work
session, the ordinance was placed on the April 26, 1993 agenda
again. Mr. Schumacher told the City Council that they could take
the item off of the agenda. Mr. Hawkins explained that the
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ordinance change does not affect Outlots A and B because the
Association is already in violation and the change is to provide
clarity to the existing ordinance. Ms. Ostergren said the City
has admitted to the ambiguity of the existing ordinance with
respect to private parks. Mr. Brixius has said the current
ordinance does not address private parks and the City should make
some interpretation. Mr. Hawkins said at the October 12, 1992
City Council meeting that he did not consider Outlots A and B a
park. It is Ms. Ostergren's opinion that the second reading of
this ordinance this evening is one (1) example of how the City
does not act in good faith.
At the April 7, 1993 Council work session, the City Council
agreed not to take action against the Association pending the
outcome of mediation. However, another threatening letter has
been received from the City along with a letter from Mr. Hawkins
to the Mayor and City Council dated April 12, 1993. Ms.
Ostergren said that the City sabotaged the mediation process with
other lake shoreowners and continues to rule by intimidation.
She quoted the letter.
Ms. Ostergren gave the City Council a copy of a letter dated
April 26, 1993 from attorney Thomas M. Hart who has concluded
that there are no violations on Outlots A and B. She said his
conclusions were supported by the planning consultant, DNR, and
by a letter from the previous City Planner. The letter and the
attachments can be found in the file at city hall.
Ms. Ostergren quoted from a portion of Mr. Hawkins' letter dated
April 12, 1993 regarding "FACTS". She told Mr. Hawkins this
portion of his letter was fiction. The only changes were
improvements to the boat launch. Ms. Ostergren read a portion of
the October 12, 199 City Council minutes regarding Mr. Hawkins'
legal opinion regarding the outlots. She explained that, based
on his opinion at that meeting, the Association ordered the
cement planks to finish the ramp for the boat launch. This
occurred prior to receipt of the letter from Mr. Schumacher in
mid-March.
Ms. Ostergren explained that at the March 22, 1993 City Council
meeting she had asked Mr. Schumacher if he had inspected the boat
launch himself. Mr. Schumacher had said no the building official
had inspected the outlots. She asked who was the building
official? Ms. Ostergren said she called Mr. Kluegel and asked
for a copy of the most recent inspection report. Mr. Kluegel
said he had given the report to Mr. Schumacher last fall. Ms.
Ostergren asked Mr. Kluegel if he had inspected the outlots
recently and he said he had not been to the site since last fall.
Ms. Ostergren said she spoke with Mr. Jackson on April 7, 1993.
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He said he has not inspected the site. Ms. Ostergren stated that
the property was not inspected by Mr. Kluegel until March 30,
1993. At that time another resident was at the site and Mr.
Kluegel asked her if there had been any excavation. Ms.
Ostergren said that she then called Mr. Kluegel and asked him why
he went to the outlots. He said he was sent to take pictures and
asked if the ramps were transported over City streets. She told
him that no road restrictions were violated.
Ms. Ostergren said that Mayor Reinert had told her that his wife
and daughter had visited the model home in Reshanau Parks Estates
and were told by the salesperson that there would be a boat
launch for the Association members. She asked why he did not
take action at that time if he thought that this was in violation
of the plat approval?
Ms. Ostergren said at the April 21, 1993 Council work session it
was stated that the Association was in violation of the
permitting process and the City would take action against them.
There was a lengthy discussion regarding this matter including
how long the Association should be given to remove the boat
launch. From this discussion it appeared that the removal of the
boat launch was a life or death situation.
On April 22, 1993 Ms. Ostergren contacted Pete Kluegel, Building
Official and asked him how the Association could get a permit
from the City for the boat launch. Mr. Kluegel told her that the
DNR has control over this matter. Ms. Ostergren said that the
Association did have a permit and Mr. Kluegel asked her what was
the problem. Ms. Ostergren asked Mr. Kluegel what would happen
if someone was in violation by not having a permit. Mr. Kluegel
told her that he would have them apply for a permit. She asked
Mr. Kluegel what would happen if someone constructed a deck
without a permit. Mr. Kluegel said he would write to the
homeowner and ask them to apply for a permit within 30 days or
so. Ms. Ostergren felt it was amazing that the City has a
different procedure for the Association.
Ms. Ostergren said that the City has stated that the Association
must go through a PDO rezoning for the outlots. The PDO process
was not adopted until July 13, 1992. However, the Association
had applied for their permits from the DNR, ACORP and the RCWD in
April, 1992 and commenced the construction in June, 1992. She
noted that Council Member Neal had trespassed on the property and
stopped the work by having the Police Department put up police
tape to prevent further work. On March 31, 1993 Ms. Ostergren
spoke with Officer Keller who stated that the only reason police
tape was put up was because Council Member Neal had instructed
them to do so. Normally police tape is used when there is a
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murder. Ms. Ostergren said that Officer Keller told her that
there was no complaint, no police report filed and no court order
in place. The Association attorney's opinion is that Council
Member Neal could be held accountable for his actions.
Ms. Ostergren said that the City wants the Association to start
the PDO process over again. She said this process is unnecessary
and is like handing the City bullets since numerous decision
makers reside on the lake. Ms. Ostergren quoted Mayor Reinert's
statement, "when attorneys are brought into a matter everybody
looses". She said that the Association would like to avoid that
situation. Ms. Ostergren noted that Mayor Reinert had said that
the City is involved in 12 lawsuits. She said she has heard
recently that five (5) more lawsuits are being considered. In
reference to the boat launch vandalism, Ms. Ostergren quoted
Mayor Reinert as saying, "a person is not guilty until proven
guilty". She said that the City recognizes the ambiguity of its
ordinances and the differences in legal opinion yet the letter
from Mr. Schumacher said that the City would take action in the
very near future and the Association is not to use the boat
launch. She asked what happened to not guilty until proven
guilty? Ms. Ostergren said that Mayor Reinert wanted to do what
was in the best interest for the citizens of the City. She asked
Mayor Reinert if he considered the City taking legal action
against the Association over a boat launch that affects less than
1% of the population of the City in the best interest for the
citizens of the City? She asked if the City was willing to post
bond of $10,196.00 for non usage of the property for this summer,
$200,000.00 for the Moscatelli home that may not close because of
pending litigation and the amount of damages to the developer and
builder because of loss of purchase agreements? Ms. Ostergren
said she was appalled as a tax payor to be funding so many City
lawsuits. She also asked if the City Council was using their own
money instead of the City's money, would they be so willing to
engage in a frivolous lawsuit? Ms. Ostergren said that the
Reshanau Park Estates Homeowner's Association has asked the City
to be a party to mediation and she strongly urged the City to
take advantage of the offer. A copy of the entire text of Ms.
Ostergren message and the addendum will be made a part of the
City file.
Martha Walmsley, 6978 Black Duck Drive - Ms. Walmsley read from a
prepared statement. She will send a copy to the City Clerk to be
included in the permanent file. She discussed her concerns with
some of the City's processes. She noted an issue raised at the
April 21, 1993 work session regarding the statement that the
Association had violated road restrictions by bringing cement
planks in on City streets. Ms. Walmsley said that the
Association does not own a boom truck and the delivery company
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was informed about the road weight restrictions and received
permission from Anoka County to bring the material in on County
owned property and the weight was properly distributed on the
axles. She said that the City Council should retract the
statement and this is one (1) example of how rumors and
misconceptions get started. Ms. Walmsley asked that statements
be verified before they are made.
Ms. Walmsley referred to Mr. Hawkins legal opinion quoting a
sentence regarding language in the ordinance that could be
construed to cover these activities (boat launching). In the
absence of such language, such use would be prohibited. She
noted that launching a boat is an activity and a boat launch is a
structure. Zoning laws do not address activities and Ms.
Walmsley added some examples such as flying a kite or mowing
grass. She asked if these activities were against the law now?
She also asked if the City Council would consider launching a
canoe against the law?
Ms. Walmsley quoted another statement in Mr. Hawkins legal
opinion, "while all property owners on the lake would have the
right to launch boats and conduct recreational activities on
their properties, we do not believe this right would extend to
allowing persons who are not residents of such property to such
use, on a ongoing basis, since this is not customarily incidental
to the ownership of lake shore property." She addressed each
portion of the statement, gave her interpretation of the meaning
of each portion and asked several questions regarding how the
statement could be construed to cover other activities.
Ms. Walmsley read from a letter dated June 18, 1992 from Mr.
Schumacher to Mr. Hovey, DNR in which Mr. Schumacher is telling
Mr. Hovey that when the Reshanau Park Estates plat was approved
by the City Council, a boat access did not exist within the plat.
What did exist was an outlot deeded to the Homeowner's
Association for recreational purposes. She said she felt that
the legal opinion by Mr. Hawkins may result in some very serious
violations throughout the City and all property owners should be
concerned.
At the last City Council meeting, Ms. Walmsley came before the
Council and discussed the vandalism committed by two (2)
appointed City officials and called for their resignation. She
reviewed the act of vandalism and explained that she called Mayor
Reinert the morning after the vandalism and asked for the
resignation of the two (2) City officials. The following week
she spoke to Mayor Reinert again and he responded saying that he
would not act until there is proof of a crime having been
committed and there will be no proof until the suspects have been
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prosecuted. Mayor Reinert did acknowledge that the two (2)
officials dismantled the boat launch but said he was not sure
that their activity was a crime. At the April 12, 1993 City
Council meeting, Ms. Walmsley read from the City's Code of
Conduct which applies to all elected and appointed officials and
hired employees of the City. She asked that the issue of their
resignations and their clear conflict between the Code of Conduct
and their behavior on the evening of March 28, 1993 be addressed
at the next City Council meeting. She asked that a written
response be sent to her or include this matter on the next
agenda. Ms. Walmsley noted that Mayor Reinert's response was
that this matter would be discussed at a Council work session.
The matter was not discussed at the following work session nor
was the issue placed on this agenda. A written response has not
been received either. Ms. Walmsley said that she was tired of
his "slippery" answers and his "political double speak". She
said the bottom line is that the City Council is responsible to
the citizens of Lino Lakes for addressing those City official's
breach of ethics. Ms. Walmsley asked Mayor Reinert specifically
at which work session do you plan to address this issue? Mayor
Reinert said at a work session following the litigation if this
matter goes on. Ms. Walmsley said she felt that issues such as
this should be faced squarely and be put to rest quickly. No one
wins when such issues drag on indefinitely. She felt that the
City government is hoping that the issue will "go away, sweeping
it under the rug" until people forget. Ms. Walmsley said she
would not forget and will return to open mike at every City
Council meeting until the Council addresses this issue. She
asked what does it take to get the City Council to address
unethical behavior? She also asked if it is the burden of the
citizens and the media to deal with activities that are at odds
with the code of conduct? Do our Council Members shoulder part
of this burden? Ms. Walmsley noted that her complaint is not so
much that the two (2) people are still in office as it is the
Council continues to discuss this issue. She said she assumes
that the refusal of the Council to address the issue means that
the Council condones that type of behavior.
Elaine Malley, 6969 Black Duck Drive - Ms. Malley explained that
she is a newcomer to the City and is concerned about being a good
citizen and complying with local ordinances. She noted that her
home is on Reshanau Lake and that she and her family are
concerned about preserving the lake and using it in compliance
with all regulations. Ms. Malley consulted with the DNR and the
City about zoning regulations on the lake before starting
construction of her house. She has found it difficult to comply
with the Lino Lakes Zoning Ordinances because you are given
information then make plans and proceed according to the
information given only to find out that a few months later you
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are given a totally different interpretation. Ms. Malley said
that after dealing with the City for one (1) year she is greatly
concerned about the misuse of authority by the officials of the
City especially in the area of zoning ordinances. She noted that
the Reshanau Park Estates subdivision was zoned and approved by
the City in a manner in which each homeowner would have a part
ownership in Outlots A and B which gives them all access to
Reshanau Lake. Ms. Malley asked if the City has a zoning
ordinance that limits the use of the lakes to only lakeshore
homeowners, why did the City approve a subdivision whose major
concept and amenity is to allow all the homeowners both on and
off the lake have access to the lake? She added the City did
approve this concept and allow the developers to market and sell
these amenities and now that the houses are built and the City is
collecting a substantial amount of taxes from this new
subdivision, the City has decided that it will not allow the park
side lot owners to have access to the lake. Ms. Malley said that
they did try to comply with the zoning ordinances but were given
conflicting, misleading and false information. She explained
that their property has been vandalized and were forced to hire
an attorney to interpret the ordinances for them because they
cannot trust the City officials. The City officials of Lino
Lakes want to be able to control the use of residential property
in a manner that far exceeds their authority and goes well beyond
what is necessary for the safety and welfare of the residents.
Ms. Malley wanted to alert the citizens of Lino Lakes and noted
that this affects her today but could affect everyone else in the
future.
Ms. Malley referred to proposed Ordinance No. 93 - 04 and said
that this ordinance would give the Planning and Zoning Board and
the City even greater authority which will affect every resident
in the City. She read from the ordinance the definition of a
private park and said it could describe her yard and could give
the City officials the power to declare yards as private parks
and could allow officials to require that permits be obtained to
use the yards. She asked several questions about the meaning of
the definition.
Ms. Malley said she has called several Council members and
someone at the Planning and Zoning office to voice her concerns
regarding the definition of a private park. She was told by two
(2) Council members that the definition was ambiguous and could
not answer her questions and that the second reading would be
delayed until these concerns could be answered by the City
Attorney. These questions are not yet answered however, the
second reading of the ordinance is on the agenda. Ms. Malley
said that Ms. Wyland at the Planning and Zoning office told her
that if the definition for a private park is taken to extreme it
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could apply to her back yard. However, Ms. Wyland noted that it
is not the intention of the City to take authority to regulate
back yards but to regulate R1 properties that do not contain a
primary residence. Ms. Malley said she knows that the City does
think it has the authority to control the ordinary recreational
use of her back yard. She also said she has proof that the City
is trying to pass the ordinance to give the Planning and Zoning
Board even greater authority over the use of yards. She quoted a
sentence from a letter written by the City Attorney already
quoted above which relates to the use of Outlots A and B. She
interpreted the sentenceof the letter. She also said she was
not told about this ordinance and apparently this ordinance is
not uniformly enforced. She asked once the new ordinance is
approved, what is to prevent the City officials from applying the
ordinance to every yard in the City? She asked the City Council
to put a stop to the misuse and abuse of authority by some City
officials and begin by not adopting the second reading of the
ordinance until the ramifications on all residents of the City
have been studied.
Ms. Malley said she would give a copy of her statements to the
Clerk.
Tom Schaefer, 6911 Black Duck Drive - Mr. Schaefer noted that
after the open mike portion of the last City Council meeting,
Mayor Reinert noted that some things had been said in error
during open mike. He asked that he be interrupted and corrected
if any of his statements are in error. Mr. Schaefer said that at
the last City Council meeting there was a commitment made to put
the Code of Conduct matter on tonight's agenda as promised. It
is not on the agenda and he asked the City Attorney who is
responsible for upholding the City Charter and he assumed that
there was somebody in front of him this evening who is
responsible. Mr. Schaefer said that there was a commitment,
there is responsibility and there is no action. He talked to a
number of Council Members who told him that an inordinate amount
of time is being spent on the boat launch issue while there are
far more important matters that need to dealt with. It appeared
to him that there was enough time to deal with the boat launch
issue and not enough time to deal with a far more pressing issue,
the challenge of the management of the City Charter. He felt
that there was a misrepresentation of how City resources are
being spent and there is clear failing to follow through on a
commitment.
Mr. Schaefer's second point was in regard to a redefinition of
what is right and what is wrong. He referred to the vandalism at
the private boat launch and Mayor Reinert's statements on the
matter. He said he was worried because the persons caught doing
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the vandalism attended the last City Council meeting and it
appeared that at least some of them were smug and showed no
remorse. Mr. Schaefer said that if the City will not take action
to indicate that this conduct is not appropriate for a City
official, then the City is condoning their actions and has failed
an a morality leader of the community.
Mr. Schaefer's third point was in reference to the proposed
mediation between the Reshanau Park Estates Homeowner's
Association and the Reshanau Lake homeowners. The City has taken
steps to arrange the mediation process and has indicated that
they will step aside and allow the process to run its course. On
April 22, 1993 Mr. Schaefer asked the City Administrator what the
City would do if the two parties could amicably resolve their
dispute. Mr. Schumacher said that the City would not take action
regarding the boat launch but would continue with the process of
clarifying the ordinances so that such disputes could be avoided
in the future. However, a letter dated that same day from Mr.
Schumacher was mailed to the Reshanau Park Estates Homeowner's
Association members which mandates the removal of the boat
launch. He asked what kind of hypocrisy was being practiced
here. The City Council process has compromised the mediation
process. Why would the other lakeshore owners come to mediation
if they knew that the City has mandated the removal of the boat
launch? Why should the Reshanau Park Homeowner's Assn. continue
mediation if this is merely wasting taxpayer's money on a useless
exercise? He felt the mediation process had promise and asked
the Anoka County Mediation Services to approach the City Council
and ask that they join in the mediation process. There has not
been a response to this request. Mr. Schaefer said that if the
issues can be set aside and the enforcement action by the City
can be set aside until the mediation process can be resolved or
completed or allowed to run its course, he had faith in finding a
common ground with the neighbors around the lake.
Mr. Schaefer's fourth point regarded legal opinions. He referred
to the City Attorney's legal opinion in the City Council minutes
of last fall and relied on this opinion and proceeded with some
of the development work on the outlots. He felt that the opinion
has now changed by some arbitrary rules and referred to the
written opinion sent to the Reshanau Park Estates Homeowners this
past week. He asked further questions regarding this opinion and
felt there were apparent inconsistencies in the legal opinion.
He asked if this was a specific problem or a symptom of a bigger
problem. Mr. Schaefer contacted several other cities to
determine the number of lawsuits they were involved with. He
said he noted that these other cities seemed embarrassed by the
number of lawsuits pending against the City of Lino Lakes. This
appears to be a symptom of a greater problem and felt that there
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was a lot of taxpayers money going into places in Lino Lakes that
are not going into the same places in other cities. This problem
should be a greater concern that the small problem of a boat
launch.
Mr. Schaefer did not have any written comments and said he was
comfortable with the recordings of the meeting.
Mark Walmsley, 6968 Black Duck Drive - Mr. Walmsley explained
that he has been before the City Council before to question the
motives of the City Council for denying him basic rights as a
lakeshore owner. He said Mayor Reinert's private response to him
was that Mr. Walmsley did not understand the history of this
issue. Mr. Walmsley told how he sees the issue. He began
narrative at a time before the Reshanau Park Estates development
was constructed and explained that the vacant land was used by
the neighborhood as if it were their own private park. As the
area was developed, the area became inaccessible to the
neighborhood. The new neighbors used the lake just like
everybody else. The developer worked closely with the land owner
to develop a neighborhood of which the City could be proud. When
plans were presented at a public hearing, Mr. Uhde was instructed
to strict plans for an entrance monument, cobble stone streets
and a boat marina from the preliminary plat. Mr. Walmsley said
that the developer had expected that the neighbors would not
appreciate him developing the area which had been like a private
park to them. However, he did not expect that the neighbors
would try to deny lake access from the outlots. The City did not
try to pass ordinances at that time to outlaw the use of the
outlots for a boat launch or change any other ordinance affecting
the outlots. If the City had clearly changed ordinances so that
boat access right had been lost on the outlots, the landowners
should have been compensated.
Mr. Walmsley continued saying that the lake shoreresidents left
the public hearing feeling that they had the power to deny the
developer some basic rights, rights the lakeshore residents have
long enjoyed. The developers continued to develop the land and
the outlots and a seller's market was created. Buyer's paid more
for these lots than for any lot around the lake. However, the
homeowners on the lake continued to be unhappy with the
development in an area that they had been treating as their own
park. Also many officials of the City live on the lake and have
a vested interest in keeping boat access rights from the Reshanau
Park Estates Homeowner's Association. The pressure on them is
immense and the lakeshore owners continue to be unhappy with the
development and do not want to share the lake. There is already
one common lot and some lakeshore owners have spoken clearly on
the matter. He felt it was unfair to suggest that the developer
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and land owner were unethical to sell boat access on the lake.
Mr. Walmsley said he and his neighbors have invested life savings
into their lots and homes. He said he has become depressed
because the City has put him in the position that he has to fight
for basic rights enjoyed by all of the other lakeshore owners.
He said he wants to be respected as a lakeshore owner, treated
like a lakeshore owner who cares about the lake. He said he paid
for the lake shore like everyone else and has a stake in the lake
like everyone else.
Mr. Walmsley did not have a prepared statement to give to the
Clerk for the file.
ENGINEER'S REPORT
Consideration of Resolution No. 21 - 93 Ordering the Improvement
of Phase II, Apollo Drive - Mr. Schneider explained at the
previous Council meeting the Council ordered plans and
specifications for the above described project and the work is
proceeding. As a matter of procedure to meet Minnesota Statutes
429 requirements, it is appropriate at this time to order the
project. Since this is a City Council initiated project, a four
fifths vote is required.
Mr. Schneider noted that if the bids for this project are not
satisfactory, the City Council can discontinue the project.
Council Member Neal moved to adopt Resolution No. 21 - 93.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 21 - 93 can be found at the end of these minutes.
PLANNING AND ZONING REPORT
Vacation of Easement for Drainage and Utility Purposes 129.33
Feet East of Lake Drive and Oak Lane, Resolution No. 14 - 93 -
Ms. Wyland explained that this matter had been tabled at the
April 12, 1993 City Council meeting to allow staff an opportunity
to consider alternatives presented by the applicant. These
alternatives have been considered and the recommendation is as
follows:
1. The easements be vacated and a 10 foot easement located down
the center of the property be required. This would require
that a home be located to one side of the lot or the other
and provide for future subdivision of the lot when utilities
become available to serve the site.
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2. The property owners sign a form, provided by the City,
indicating that they have no objections to the extension of
utilities to service this site. This form shall be recorded
with the County and apply to future owners.
The City Zoning Ordinance provides, in Section 4, Subd. 17 Areas
Without Sanitary Sewer, (5) All subdivisions in areas without
public sanitary sewer shall be designed such that the larger
nonsewered lots can be resubdivided to provide smaller sewered
lots when sewer becomes available in the future. Homes shall be
located on these lots so as to allow for future resubdivisions.
The City Comprehensive Plan also provides for areas identified as
ER, Expansion Residential, that ".. any land subdivided into one
acre lots must be accompanied by a legally binding resubdivision
plan one fourth acre minimum lot size. All houses on the one
acre lots must be located to allow for easy resubdivision when
sewer becomes available.."
To accomplish the provisions of the Zoning Ordinance and the
Comprehensive Plan, it is recommended that a 10 foot wide
drainage and utility easement be placed down the center of the
lot to insure compliance with these requirements. This would
allow for future subdivision of the parcel into two buildable
lots when and if sewer and water is available to serve the site.
Council Member Bergeson noted that the applicant had requested
that the easement be placed on one side or the other of the lot
and asked why this is not feasible. Ms. Wyland explained that
the purpose of the easement is to prevent the owner from building
a house in the middle of the lot, thus preventing the
resubdivision of the lot when utilities are available.
Council Member Neal asked if the utility lines would run down the
new easement in the center of the lot. Ms. Wyland said no, they
would run across the front of the lot. The easement is merely to
document the ability for resubdivision.
Council Member Neal moved to adopt Resolution No. 14 - 93
removing the existing easements and locate a 10 foot wide
drainage and utility easement down the center of the property and
require the new lot owner to sign a document indicating they
would not object to the extension of utilities when they do
become available. The property owner would be required to
provide a new certificate of survey and easement document for
recording purposes. Council Member Bergeson seconded the motion.
Motion carried unanimously.
Resolution No. 14 - 93 can be found at the end of these minutes.
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COUNCIL MEETING APRIL 26, 1993
Extension of Conditional Use Permit, Fina Station - Ms. Wyland
explained that a Conditional Use Permit (CUP) was approved for
the FinaMark at 7509 Lake Drive on May 11, 1992 to allow for
reconstruction of the facility. Since that time, Fina has
experienced some cash flow problems and will not be able to
initiate construction this season. They have requested a one (1)
year extension of time and anticipate construction in the spring
of 1994.
The Building Inspector and the Fire Marshall have inspected the
site and havereportedthat one (1) item of concern was noted and
promptly corrected.
Council Member Kuether moved to extend the CUP for one (1) year.
Council Member Neal seconded the motion. Motion carried
unanimously.
Site Plan Review, Laborer's Education & Training Center, Main
Street and 24th Avenue) - Mr. Kirmis explained that the
Construction and General Laborers Education and Training Fund of
Minnesota and North Dakota has requested a site plan review to
allow the construction of a 21,850 square foot education/training
center at Main Street (County Road 14) and 24th Avenue.
The Planning and Zoning Board reviewed the request and has
recommended approval with 16 conditions. The site consists of 20
acres and includes an older home that will be leased to the
present owner in trust. The home will be removed when the
occupant no longer resides in it.
Mr. Runyan, the architect for the project explained that this is
a very unique facility. There are no similar facilities in this
state. He outlined the various areas of the building. He also
noted that the building could be used by OSHA and other such
organizations. Mr. Runyan said that he has no problem with any
of the conditions and the site meets the requirements of all the
City ordinances. The identification sign will be discrete.
Mr. Fred Chase, a member of
help present the site plan.
site will be on Main Street
will be responding in about
will be dining area for the
catered.
the Trustees was in the audience to
He noted that the entrance to the
and Anoka County Highway Department
a week. Mr. Chase noted that there
students, however, all food will be
Council Member Elliott noted condition No. 16 regarding
handicapped parking. Mr. Runyan said he was aware of the newest
regulations and the parking area would be in conformance.
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There was discussion regarding the tax status of the facility.
Mr. Chase explained that at this time the facility is not tax
exempt. The Carpenters Union has approached Anoka County
regarding tax exempt status and were told that this facility
would not qualify as tax exempt. Council Member Bergeson asked
in the event that the site would become tax exempt in the future,
would all of the land also become tax exempt. Mr. Hawkins
explained that this determination is also under the jurisdiction
of Anoka County.
Council Member Kuether moved to approve the site plan with the
following 16 conditions:
1. As required by ordinance, a landscape buffer is provided
along 24th Avenue. The said buffer may consist of
landscaping, planting, berming or other effective screening.
2. Color of proposed building material finishes be specified
and approved by the City.
3. The off-street parking lot is modified to provide three (3)
handicap spaces as required by State Law.
4. The site's western parking lot is modified to provide
backing space for its "row -end" stalls.
5. An access permit to County Road 14 is received from the
Anoka County Highway Department.
6. Noise levels emitted from the proposed Training Center do
not constitute a nuisance as defined by the City Code or
exceed applicable PCA standards.
7. All trash handling equipment is contained in a closed
container.
8. The site plan is modified to identify all off-street loading
areas.
9. The site plan is revised to illustrate all exterior lighting
locations. Per the Ordinance, all lighting used to
illuminate an off-street parking area must be arranged to
reflect light away from adjoining property.
10. The applicant submit a signage plan specifying sign height,
size, etc. The sign plan will be subject to City approval.
11. The applicant agrees not to appeal assessments associated
with future public sanitary sewer.
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12. The applicant produce an agreement which outlines the
conditions upon which the farmstead and its related
buildings are removed. This item should be subject to
comment by the City Attorney.
13. The City Engineer provide comment/recommendation in regard
to the submitted grading and utility plan.
14. Comments from other City staff.
15. The wetlands be delineated.
16. All parking areas comply with the American Disabilities Act.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Ms. Wyland continued the Planning and Zoning Report after the
Redevelopment of Southeast Quadrant of Lake Drive and Main Street
Report.
CONSIDERATION OF REDEVELOPMENT OF SOUTHEAST OUADRANT OF LAKE
DRIVE/MAIN STREET, ROSS' CORNER
Mr. Schumacher explained that Anoka County has offered a proposal
to Mr. Ross for the acquisition of right-of-way (R -O -W) at the
above mentioned location. The Economic Development Advisory
Board (EDAB) has requested that the City establish a new tax
increment financing (TIF) redevelopment district for this area.
By coordinating the acquisition and removal of the buildings with
Anoka County, the City would be able to accommodate the needs of
Anoka County, the Economic Development Authority and Mr. Ross.
Mr. Schumacher noted that the City has been working with Mr. Ross
for several years and had established an Economic District for
this area. If Anoka County proceeds and purchases the R -O -W from
Mr. Ross the existing buildings will be removed and this will
impact the TIF district. The EDAB has recommended that the City
negotiate with Anoka County for the removal of the building so
that the entire process will be completed in a timely,manner.
Mr. Ron Batty, financial consultant explained that the issue is
what does the City want to do and when does the City want to do
it. He noted that the current TIF district legally lapsed in
October, 1992 because the City did not do anything with the
property within the three (3) year time limit. He also noted
that if the City creates an economic development district, the
City will be limited with the use of the property. Mr. Batty
suggested establishing a redevelopment district which will allow
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25 years to capture increment. The first problem to be resolved
is to be sure that the current buildings are not removed prior to
the implementing of the district. This will require an agreement
between Anoka County, Mr. Ross and this City.
Council Member Bergeson noted that the agreement requires the
cooperation of the landowner and asked if the City has a verbal
agreement with him. Mr. Schumacher explained that he has met
with Mr. Ross and has explained this concern. Mr. Ross does
understand that it is to his advantage to cooperate in this
matter.
Council Member Neal asked if the City would pay for the removal
of the buildings and he was told no. Council Member Neal noted
the presence of old buried gas tanks on the property and asked
who would pay for the cleanup if there is contamination? This is
the responsibility of the landowner and there are funds available
to help landowners in this situation.
Council Member Kuether asked if Mr. Ross plans to rebuild. Mr.
Schumacher explained that Mr. Ross is considering relocating his
business.
Mr. Schumacher noted that a $1,000.00 escrow posted by Mr. Ross
was discussed at the City Council work session. The escrow would
cover the costs of establishing a new TIF district. Mr.
Schumacher said that these costs could come from the new
redevelopment district if Mr. Ross does not post the escrow. Mr.
Batty suggested starting the procedure for establishment of the
district and calling for a public hearing. If Mr. Ross agrees to
enter into the agreement the public hearing could be postponed.
Council Member Neal moved to authorize Mr. Batty to begin the
process to establish a new TIF redevelopment district giving the
property a full six (6) years of development opportunity prior to
the loss of the district and to authorize the City Administrator
to negotiate an agreement with Anoka County for the removal of
the existing buildings on the Ross property and negotiate a
$1,000.00 "good faith" escrow with Mr. Ross. Council Member
Kuether seconded the motion. Motion carried unanimously.
CONTINUATION OF PLANNING AND ZONING BOARD REPORT
Final Plat Review, Park Grove - The final plat for the Park Grove
development consists of 80 single family lots. This plat is
located to the east of PineRidge, to the west of Birchwood Acres
and south of Shenandoah, II. The plat received preliminary
approval by the Park Board on April 6, 1992, by the Planning and
Zoning Board, September 9, 1992 and by the City Council on
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COUNCIL MEETING APRIL 26, 1993
September 28, 1992. A development contract was signed on March
11, 1993 and a final grading plan was submitted February 23,
1993. All financial guarantees are in place and construction is
proceeding.
Council Member Kuether moved to approve the final plat of Park
Grove as submitted. Council Member Neal seconded the motion.
Motion carried unanimously.
Final Plat Review, Brandywood Estates, III - The Brandywood
Estates, Third Addition received preliminary plat approval from
the Park Board and Planning and Zoning Board on May 9, 1990 and
from the City Council on August 13, 1990. This addition contains
33 lots and is located on the southern boundary of Brandywood
Estates. A development contract was signed on March 16, 1993 and
the grading plan was submitted March 1, 1993. Financial
guarantees are in place to cover the construction of the plat.
City staff have reviewed the final plat documents and recommend
approval of the final plat.
Council Member Kuether moved to approve the final plat of
Brandywood Estates, Third Addition as submitted. Council Member
Bergeson seconded the motion. Council Member Neal asked how
streets are named because it appeared that some names on this
plat are similar to street names in other parts of the City.
This can cause confusion for emergency vehicles. Ms. Wyland
explained how streets are named and explained that the streets in
this plat are continuation of streets from the Brandywood Estates
first and second additions.
Voting on the motion, motion carried unanimously.
FIRST READING, Ordinance 93 - 06 Amending Subdivision Ordinance
by Requiring Delineation of Wetlands in Preliminary Plat Data
Requirements - City staff has determined that a wetland
delineation at the time of submittal of preliminary plat
information will aid in the review process and save both the
developer and staff time and dollars by clearly designating
developable area. The wetland delineation must be prepared by a
person qualified according to standards set out by the Army corps
of Engineers and/or Department of Natural Resources.
Legal notices regarding this proposed ordinance have been placed
in the legal newspaper and the Planning and Zoning Board has
recommended adoption of the ordinance.
Council Member Neal moved to adopt the first reading of Ordinance
No. 93 - 06 Amending the Subdivision Ordinance by Requiring the
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Delineation of Wetlands in Preliminary Plat Data Requirements and
dispense with the reading. Council Member Kuether seconded the
motion. Council Member Bergeson asked how someone would get this
data. Ms. Wyland explained the process.
Voting on the motion, motion carried unanimously.
FIRST READING, Ordinance No. 93 - 07 Amending Section 4,
Subdivision 5 of the Zoning Ordinance Relating to Lot
Provisions - City staff has determined that the Zoning Code does
not specifically prohibit the construction of buildings on lots
located on unimproved right-of-way (R -O -W). Construction of
buildings on unimproved R -O -W could prove to be a serious
detriment to the orderly development of the City. Therefore, the
attached ordinance is being proposed to replace the emergency
ordinance No 93 - 03 enacted in March 8, 1993.
The notice for the public hearing of this ordinance has been
published in the legal newspaper. The proposed ordinance was
recommended by the Planning and Zoning Board at their April 14,
1993 meeting.
Council Member Bergeson asked if there were existing homes on
unimproved R -O -W? Mr. Schumacher said he thought that there were
none. Council Member Kuether asked if the street had to be
blacktopped. Ms. Wyland explained that this depends on the
location of the property. The City does have some streets that
are gravel only, construction would be allowed on approved lots.
Council Member Neal moved to adopt the first reading of Ordinance
No. 93 - 07 and dispense with the reading. Council Member
Bergeson seconded the motion. Motion carried unanimously.
SECOND READING, Ordinance No. 93 - 04 Amending the Lino Lakes
Zoning Ordinance by Repealing Public and Semi -Public Uses from
Various Zoning Districts Within the City - The first reading of
this ordinance was at the March 22, 1993 Council meeting. The
item was not placed on the April 12, 1993 agenda but is now being
presented for its second reading.
As additional background information, the Planning and Zoning
Board held a public hearing on Wednesday, March 10, 1993
regarding this ordinance. After due consideration the Board
recommended that the amendment be accepted by the City Council.
This proposed ordinance is designed to repeal public and semi-
public uses from various City zoning districts and clarify those
allowed in the PSP, Public and Semi -Public districts.
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The preparation of the draft amendment was originally prompted by
a desire to provide regulation for "private parks" as was
included as part of the Reshanau Park Estates plat.
To address this issue the City Attorney suggested that an
ordinance amendment be pursued which would:
1. Define public and private parks, and
2. Require parks (public and semi-public uses) to hold a
PSP, Public and Semi -Public Zoning designation).
The following is a brief summary of the proposed ordinance:
Section 1.
The current zoning ordinance does not include any
park related definitions. So as to avoid future
problems relating to the public-private park
issue, definitions for both terms have been
provided.
Sections 2 - 12. So as to fully realize the intent of the
City's PSP Zoning District, various public and
semi-public uses have been repealed from various
City zoning districts. The repealing of such uses
will require schools, parks, and municipal
buildings to hold PSP zoning designations. The
repealing of such uses is generally considered
positive in that the City is provided an
opportunity to determine whether a particular
public/semi-public use is appropriate for a
particular tract of land via the zoning process.
Section 13. This section has been revised to include the
following modifications:
The reference to "parks" in Item 6 (D) has been
changed from "parks" to "public parks". The
modification is intended to remove any questions
regarding the allowance of private parks within
the district. Such a reference would mean that
"private parks" would only be allowed via the
Planned Development Overlay (PDO) designation.
This amendment was originally instigated by a desire to regulate
"private parks". While the amendment addresses this issue, it
also substantiates the intent of the City's "PSP" zoning district
by requiring public and semi-public uses (schools, parks,
municipal buildings) to hold a public and semi-public zoning
designation.
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An additional item is that of accessory uses. The City's
existing accessory use regulations provide a level of uncertainty
as to what types of accessory uses are expressly permitted within
the PSP zoning district.
Mr. Kirmis explained that this draft ordinance was prompted by
the desire to define private parks. He also noted that if this
draft ordinance is adopted, a private single family lot could be
construed to be a private park. However, the issue will be to
deal with the primary use of the lot. The major implication of
the ordinance is that all public use of property must be rezoned
to Public and Semi -Public designations. Mr. Kirmis explained
that if the City Council felt that there was a problem with any
portion of the draft ordinance it could be tabled for further
definition.
Council Member Kuether moved to delay action on Ordinance No.
93 - 04 until after mediation is completed to show good faith.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Mayor Reinert asked Mr. Hawkins if this action has any effect on
the Reshanau Park Estates matter? Mr. Hawkins said it is his
opinion that neither the adoption or lack of action on the
ordinance has any effect on that particular matter.
PARK BOARD REPORT
Consideration of a Request for "Start Up" Funding for Friends of
Lino Lakes Parks Foundation - Park Board Member Jacquelyn Farm
has initiated the establishment of a non-profit organization
called Friends of the Lino Lakes Parks Foundation. This
foundation is a 509A3 Corporation and falls into the
classification of a Support Organization. Ms. Farm has secured
funding for the legal work through her husband's firm, Olsen,
Thielen and Company, LTD.
This request is for funding for publication of a promotional
brochure to be sent to the residents of the City, a filing fee
for the foundation and miscellaneous expenses such as postage.
The funding request is as follows:
1. Filing fee - $150.00
2. Brochure (set up and printing) - $400.00
3. Miscellaneous Expenses (postage, etc.) - $200.00
Mr. Schumacher suggested that there is money in the 1993 Budget
under City Promotion and a portion could be used for this
project. Council Member Bergeson explained that the brochure may
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COUNCIL MEETING APRIL 26, 1993
be included with the next newsletter to avoid mailing costs so at
this time it is not known exactly how much money will be needed.
After further discussion, Council Member Kuether moved to fund
the "start up" of the Friends of Lino Lakes Parks Foundation up
to $850.00 and the money is to come from the City promotion
portion of the budget. Council Member Elliott seconded the
motion. Motion carried unanimously.
Consideration of a Proclamation for Arbor. Day - Mr. Volk noted
that over the past several years this City has taken an active
part in the annual Arbor Day celebrations. This year the
celebration will take place on Friday, May 7, 1993. Celebrations
will be held in the morning at Rice Lake Elementary School and in
the afternoon at Lino Elementary School. The City will receive a
Tree City award for the fifth consecutive year. A proclamation
is part of the ceremonies and Mr. Volk asked that the City
Council adopt the prepared Arbor Day Proclamation.
Council Member Neal moved to adopt the Arbor Day Proclamation.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Consideration of a Proclamation for Earth Day - Mr. Volk
explained that the City's annual Earth Day clean-up and
celebration activities are scheduled for Saturday, May 8th.
These activities will be held at Country Lakes Park. Part of the
activities will include the reading of the Earth Day
Proclamation. Council Member Kuether moved to adopt the Earth
Day Proclamation. Council Member Elliott seconded the motion.
Motion carried unanimously.
PUBLIC WORKS DEPARTMENT REPORT
Consideration of Resolution No. 22 - 93 Establishing License Fee
for Residential Solid Waste Haulers - Mr. Volk explained that
recently the City Council passed Ordinance No. 93 - 02 mandating
that all solid waste haulers operating in the City of Lino Lakes
must be licensed. Resolution No. 22 - 93 will establish the fees
for the license. The fees can be adjusted with the adoption of
another resolution.
Council Member Elliott moved to adopt Resolution No. 22 - 93
Establishing License Fee for Residential Solid Waste Haulers.
Council Member Neal seconded the motion. Motion carried
unanimously.
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ATTORNEY'S REPORT
SECOND READING - Ordinance No. 93 - 05 Extending the Moratorium
on the Siting of Adult Uses -Principal as Defined Herein Within
any Zoning District of the City of Lino Lakes - Mr. Hawkins
explained that the first reading of this ordinance was held on
April 12, 1993. Since that time there have been no changes or
adjustments to the ordinance and also there has been no public
comment. The original moratorium was adopted May 11, 1992.
The proposed ordinance is well along in the process toward
completion. Mr. Schumacher, Mr. Brixius and Mr. Hawkins have met
on this matter and have determined that some minor changes should
be incorporated into the proposed ordinance. A public hearing on
the draft ordinance will be held at the May, 1993 Planning and
Zoning Board meeting.
Council Member Kuether moved to adopt the Second Reading of
Ordinance No. 93 - 05 Extending the Moratorium on the Siting of
Adult Uses -Principal as Defined Herein Within any Zoning District
of the City of Lino Lakes for 180 days. Council Member Bergeson
seconded the motion. Motion carried unanimously.
Ordinance No. 93 - 05 can be found at the end of these minutes.
Consideration of Settlement/Agreement for Legal Action Pending
Relative to the 1991 Brandywood Estates Improvement Project - Mr.
Hawkins explained that the contractor in Brandywood Estates,
Arcon Construction had not been able to complete the project by
the contract completion date. The contractor had claimed that
weather was the primary reason. The City held back a portion of
the payment for the contract in the amount of $30,000.00. The
City assessed the project including the $30,000.00 and now the
claim by Arcon Construction has been resolved for $30,000.00. It
was felt that the City's consulting engineering company, SEH, had
responsibility in this matter and they have agreed to contribute
$10,000.00 to conclude the matter without accepting any blame.
The City will recover all costs so that there will be no
expenditure of City funds.
Council Member Neal moved to approve the agreement as outlined by
Mr. Hawkins. Council Member Elliott seconded the motion. Motion
carried unanimously.
CONSIDERATION OF MILO BENNETT TWO (2) YEAR CONTRACT
Mr. Schumacher explained that at the time Chief Bennett was hired
by the Centennial Fire District, it was recommended by the
steering committee to enter into a two (2) year employment
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COUNCIL MEETING APRIL 26, 1993
contract due to the potential instability of the newly created
position. At it April, 1993 quarterly meeting, the steering
committee recommended unanimously to approve an additional two
(2) year employment contract for Chief Bennett.
Council Member Kuether moved to accept the recommendation of the
Centennial Fire District steering committee to extend Chief
Bennett's employment contract through 1994. Council Member
Elliott Seconded the motion. Motion carried unanimously.
CONSIDERATION OF THE WAYS AND MEANS COMMITTEE RECOMMENDATION
The Ways and Means Committee reviewed all non-union and support
staff for 1993 compensation adjustments. Four (4) positions
received Comparable Worth adjustments which reflect their
increased job responsibilities. The balance received cost of
living adjustments. In addition, the Committee is recommending
adoption of a department and personnel flow chart with
corresponding Pay Equity data. The committee used both internal
and external comparisons for the proposed adjustments.
Council Member Bergeson explained that the only two (2)
components used to determine increases was the cost of living and
change of responsibility. He explained that there were no merit
considerations.
Council Member Elliott moved to adopt the Ways and Means
Committee recommendation for non-union/support staff compensation
adjustments. Council Member Bergeson seconded the motion.
Motion carried unanimously.
OLD BUSINESS
Fire District Litigation Update - Mr. Schumacher explained that
the Centennial Fire District received a request from the previous
Fire Chief for payment of additional hours work outside the
authorized agreement. The Committee denied the request
$15,000.00. They did authorize a settlement up to $4,500.00.
Over the past year, negotiations have taken place and a
settlement in the amount of $4,000.00 has been accepted. This
case had been scheduled for an April, 1993 court hearing.
Mr. Schumacher noted that this is one (1) of the 12 lawsuits that
was referenced during the Reshanau Park Estates open mike
presentations. He felt that some of the lawsuits were frivolous
and in many others the City must defend itself. Mr. Hawkins said
that this City is not being sued because they are doing things
incorrectly.
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No action is necessary on this matter.
NEW BUSINESS
REMINDER, Charter Commission Meeting, Wednesday, April 28, 1993,
7:00 P.M.
Update, Senior Housing Meeting on Saturday, April 24, 1993, 2:00
P.M. - Council Member Neal explained that he had attended the
meeting. Because the date had been changed and then advertised
incorrectly, the attendance was not what it should have been.
However, a presentation was made for those attending. All
persons 55 years of age or older are eligible to rent these
units. Council Member Neal will inquire as to whether
handicapped persons must be 55 years or older. Another
informational meeting may be held later.
Regional Park Assessment Legislation Update - Mr. Schumacher
explained that there was an attempt to pass legislation that
would make it very difficult to assess regional parks for
improvements such as streets, sewer and water installations.
This is a very big concern for the City of Lino Lakes because of
the Chain of Lakes Regional Park. The Metropolitan Council
responded to the concerns raised by the municipalities and
counties and removed the legislation from consideration. They
will try to provide other resources for future improvements.
Mayor Reinert referred to Mr. Grafft's presentation this evening
regarding the District Memorial Hospital and ambulance service
and asked the Council if they wanted someone to attend the May 6,
1993 Council work session to represent the Health One position.
It was the consensus that they would like to hear both sides of
the situation.
Council Member Kuether moved to adjourn at 9:30 P.M. Council
Member Bergeson seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular meeting of the City Council on May 10, 1993.
Marilyn G. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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Council Member Neal introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 21 — 93
RESOLUTION ORDERING IMPROVEMENT OF TRUNK WATER AND SEWER UTILITIES,
PHASE II, APOLLO DRIVE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
a resolution of the City Council adopted the 9th day of
November, 1992, fixed a date for a Council hearing on the
proposed improvement of trunk water and sanitary sewer
utilities, Phase II, Apollo Drive, and
ten days' mailed notice and two week's published notice
of the hearing was given, and the hearing was held on the
9th day of December, 1992 at which time all persons
desiring to be heard were given an opportunity to be
heard thereon, and
the 60 day waiting period from the date of the public
hearing has lapsed as required by the City Charter, and
two (2) petitions were received from five (5) of the
eight (8) affected landowners opposing the proposed
assessments, and
WHEREAS, the City Charter requires that 51% of the affected
landowners must approve the proposed assessments,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES:
1. Such improvement is hereby ordered as proposed in the Council
resolution adopted on the 9th day of December, 1992 except
that the improvement will not be financed with property
assessments but with funding from the Lino Lakes Sewer and
Water Area and Connection Fund.
Adopted by the City Council this 26th day April, 1993.
Vernon F. Reinert, Mayor
Marilyn . nderson, Clerk -Treasurer
The motion for 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,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Elliott
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 22 - 93
RESOLUTION ESTABLISHING A LICENSE FEE FOR RESIDENTIAL SOLID WASTE
HAULERS LICENSES
WHEREAS, the City of Lino Lakes adopted Ordinance No. 93 - 02
requiring all residential solid waste haulers to be
licensed by the City of Lino Lakes, and
WHEREAS, the annual license fee for the residential solid waste
haulers must be established at a determined rate,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lino Lakes to set the annual residential solid waste license fee at
$75.00 for the first truck and $45.00 for each additional truck
operating within the Lino Lakes City limits.
This ordinance shall be in full force and effect from and after its
passage and publication according to the Lino Lakes City Charter.
Passed by the City Council of the City of Lino Lakes this 26th
day of April , 1993.
Vernon F. Reinert, Mayor
Mardjy) 'G. A erson, 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: Bergerson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said resolution was declared passed and adopted.
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Council Member Kuether
moved its adoption:
introduced the following ordinance and
CITY OF LINO LAKES
ORDINANCE NO. 93 — 05
AN ORDINANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT USES—
PRINCIPAL AS DEFINED IN ORDINANCE NO. 09 — 92
The City Council of the City of Lino Lakes ordains:
Section No. I.
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
The City Council of the City of Lino Lakes has directed
the City Staff to study the siting of Adult Uses -
Principal and to schedule the necessary public hearings,
at which time public comment will be accepted and
received regarding the placement and location of Adult
Uses -Principal within the City, and
Staff has not completed their study and public hearings
have not been held; and
additional time is needed to complete the necessary steps
in implementing a final ordinance, and
the moratorium as defined in Ordinance 09 - 92 will
expire May 11, 1993,
Section No. II.
The City Council hereby directs that the moratorium as established
in Ordinance No. 09 - 92 be extended 180 days from the original
date of expiration (May 11, 1993).
The City Council further directs that the staff continue to study
and prepare a final ordinance, schedule the necessary public
hearings and schedule the implementation of the final ordinance
within the 180 day moratorium extension.
Section No. III.
This ordinance shall become effective upon its passage by the City
Council and publication as required by the City Charter.
Passed by the City Council this 26th day of April, 1993.
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Ordinance No. 93 - 05
Vernon F. Reinert, Mayor
Marlyn . Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Bergeson and upon vote being taken
thereon, the following voted in favor thereof: Bergerson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said ordinance was declared duly passed and adopted.
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