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HomeMy WebLinkAbout07/12/1993 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 12, 1993 MEMBERS PRESENT: ........................................................................................ MEMBERS ABSENT . -:...Re's nevi ......................................................................................... ........................................................................................ ......................................................................................... Staff members present: City Engineer, Darrell Schneider; City Attorney, Bill Hawkins; City Administrator, Randy Schumacher and Clerk -Treasurer, Marilyn Anderson. Acting Mayor Neal asked that item No. 2B, Consideration of Final Plat, Quail Ridge, be removed from the agenda. All information needed for City Council action has not been delivered to the City. CONSENT AGENDA Council Member Kuether moved to approve the Council Work Session Minutes of June 23, 1993 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the Disbursements for June 30, 1993, July 12, 1993 and the Centennial Fire Department as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. REGULAR AGENDA OPEN MIKE Betty Hulse, 258 Rohavic Lane - Ms. Hulse asked to express her view point regarding the proposed park in the Woods of Baldwin Lake subdivision and to address the possibility of a proposal for a public easement running down the former St. Paul Water Department Baldwin Lake access. Ms. Hulse said she felt that Lino Lakes has an excellent educational system as well as an excellent quality of life. PAGE 1 239 240 COUNCIL MEETING JULY 12, 1993 These ammenities brought her and her family to Lino Lakes. However, she and some of her neighbors have heard that the City is planning to establish an uncontrolled public easement along the former St. Paul Water Department Baldwin Lake access. She asked a Park Board member about this proposal and was told that he had no knowledge of what she was talking about. The possibility of an uncontrolled public easement at the rear of her property sent up red flags because she has had trouble in the past and did not want the same thing to happen again. Ms. Hulse wanted to make sure that there will never be a public easement at the rear of her property. Mrs. Hulse explained that this is a very emotional issue for her. She is very concerned about uncontrolled public use of land such as parks and easements. She explained that the former St. Paul Water Department easement bordered her property and last year her husband was seriously injured by a drunk driver who was trespassing on the rear of her property (formerly a part of the St. Paul Water Department easement). Ms. Hulse noted that in the past the St. Paul Water Department easement was used by unathorized persons, who were drinking and using drugs, building bonfires, snowmobiling or riding motorcycles. The Lino Lakes Police Department had difficulty controlling the problem because of the jurisdiction issue. The St. Paul Water Department has now abandoned the easement and the easement has been purchased by the adjoining property owners who have attempted to fence the area and make it a part of their back yards. The problems have not stopped. Ms. Hulse explained that her husband was in their back yard when he was hit by a drunk driver who was fleeing the police. Her husband is now permanently disabled and experiences much pain. She noted that the quiet natural setting of their property does give him peace which helps control his pain. Ms. Hulse also explained that for the most part, she felt that the City Council was doing a good job. However, she asked that they be more sensitive to the concerns of the neighborhoods. Mr. Schumacher asked Ms. Hulse to give her presentation to the Park Board which was meeting in the Senior Center. The City Council thanked her for coming this evening. Dan Lind, 120 Woodridge Lane - Mr. Lind explained that he does have the same concerns as Ms. Hulse. However, he and his wife and many other Woodridge Estates area residents petitioned for a park for the Woodridge Estates area because they have children and there is no place for them to go and play. Mr. Lind said he PAGE 2 1 1 1 1 1 1 COUNCIL MEETING JULY 12, 1993 envisions the mini -park planned for the Woods of Baldwin Lake as a small park with toddler equipment, picnic equipment and a bench. He explained that there is a great deal of support for this park and very little opposition. Mr. Lind also told the City Council that no one has explained what will happen to the area of the proposed mini -park if it is not developed into the mini -park. He noted that some residents whose property abutt the proposed mini -park feel if it is not developed it will become an extension of their back yard. Mr. Lind said he would take his concerns to the Park Board meeting this evening. The City Council thank Mr. Lind for coming this evening. PLANNING AND ZONING REPORT FIRST READING, Ordinance No. 93 - 10, Planned Development Overlay (PDO) for Country Lakes Estates - Mr. Schneider displayed the Country Lake Estates plat and reviewed the action on this plat at the June 28, 1993 City Council meeting. The preliminary plat was approved as well as a variance for cul-de-sac length. However, since only three (3) Council Members were present, action on the request for a PDO was delayed until the necessary four (4) Council Members could be present. The rezoning to PDO is necessary to allow lot size flexibility for the plat. Because the proposed lot areas do not meet the technical definition of lot area as provided by the Zoning Ordinance (area above the 100 year floodplain) the City must provide a mechanism for lot size flexibility. As discussed at the last Council meeting, all lots will meet the minimum requirement for areas above the ordinary high water as required in the Zoning Ordinance. Council Member Kuether noted that she did meet with the developer at the site prior to the June 28, 1993 Council meeting. The developer was supposed to revise the plat regarding Lots 5 and 6, Block 1. It was explained that the plat was revised. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 93 - 10. Council Member Kuether seconded the motion. Voting on the motion: Bergeson, yea; Elliott, yea: Kuether, yea; Neal, yea. Motion carried unanimously. ENGINEER'S REPORT Consideration of Resolution No. 33 - 93 Approving Plans and PAGE 3 241 - 242 COUNCIL MEETING JULY 12, 1993 Specifications for Overlay of CSAH #14 (Main Street) From Centerville Road to the East County Line and Resolution No. 34 - 93 Entering into an Agreement Between the City of Lino Lakes and the County of Anoka for Federal -Aid Highway Improvement - Mr. Schneider explained that Anoka County plans to install a paving overlay on CSAH #14 (Main Street) from Centerville Road to the east County line. The City has received a letter from Anoka County accompanied by a set of final plans for the construction work in Lino Lakes. This project anticipates the use of FAS (Federal Aid Secondary) Funds that were part of the old system that included FAU (Federal Aid Urban) Funding. The new funding system is ISTEA (Intermedial Surface Transportation Efficiency Act). It is expected that the project would be compled in the early fall of 1993. To satisfy federal funding requirements, the City Council Resolutions Nos. 33 - 93 and 34 - 93 are required. Council Member Kuether asked if this project would require any Lino Lakes funding. Mr. Schneider said no. Council Member Kuether moved to adopt Resolution No. 33 - 93 and Resolution No. 34 - 93. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution Nos. 33 - 93 and 34 - 93 can be found at the end of these minutes. ATTORNEY'S REPORT Mr. Hawkins did not have a report. OLD BUSINESS There was no Old Business NEW BUSINESS Consideration of Resolution No. 32 - 93 Abating Assessment on Outlot A, Brandywood Estates, Second Addition - Mrs. Anderson explained that Outlot A, Brandywood Estates, Second Addition was assessed for area and connection charges and for surface water management charges. This assessment was based on the number of units that could be platted in the outlot in a future addition. Outlot A has now been platted into Brandywood Estates, Third Addition. All of the assessments on Outlot A, Second Addition can now be re -assessed to the Third Addition. To accomplish the re -assessment, it will be necessary to abate the current assessment on Outlot A, Second. Addition including the PAGE 4 1 1 1 1 1 1 COUNCIL MEETING JULY 12, 1993 1992 installment and interest. The abatement, if approved by the City Council will be filed with Anoka County. The assessment as well as the 1992 installment plus interest will be spread over the Third Addition. Council Member Kuether moved to adopt Resolution No. 32 - 93 abating the assessment on Outlot A, Brandywood Estates, Second Addition. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 32 - 93 can be found at the end of these minutes. Consideration of Minutes from June 28, 1993 (Council Members Kuether and Bergerson were absent absent at this meeting) - Action on these minutes was tabled until the July 26, 1993 meeting because a majority of Council Members present at that meeting is needed for Council approval. Consideration of Accounting Resolutions - Mr. Schumacher explained that Resolution Nos. 35 - 93 through 42 - 93 are house keeping resolutions and do not involve any expenditure of dollars. Council Member Bergeson noted that Resolution No. 37 - 93 does not state a dollar amount. Mr. Schumacher explained that the final amount of state aid for Second Avenue has not been received. It is expected to be less than $2,000.00. Council Member Elliott read Resolution Nos. 35 - 93 through 42 93. Council Member Elliott moved to adopt all resolutions. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution Nos. 35 - 93 through 42 - 93 can be found at the end of these minutes. REMINDER: Centennial Fire District Steering Committee Meeting, Thursday, July 15, 1993, 3:00 P.M., Fire Station No. 2. Council Members Neal and Kuether will attend this meeting. Council Member Elliott moved to adjourn at 7:03 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected and approved at the regular meeting of the City Council on July 26, 1993. Mar'ilyri, G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 5 243 244 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 32 — 93 A RESOLUTION ABATING ASSESSMENT ON OUTLOT A, BRANDYWOOD ESTATES, SECOND ADDITION, PIN. 27-31-22-32-0045 WHEREAS, The Lino Lakes City Council has previously specially assessed a certain property identified above, and WHEREAS, Such property has now been platted into Brandywood Estates, Third Addition, and WHEREAS, It is appropriate to spread the previous assessment over the newly created lots in Brandywood Estates, Third Addition, NOW, THEREFORE, it is hereby resolved by the City Council of the City of Lino Lakes, Minnesota: 1. That the assessment previously assessed to Outlot A, Brandywood Estates, Second Addition in the amount of $127,064.33 plus all penalties and interest is hereby abated. 2. That an assessment for Brandywood Estates, Third Addition be determined by the City Engineer taking into consideration the previously assessed amount plus interest for 1993. 3. The Clerk, if necessary shall forthwith transmit a certified copy of this resolution to the County Auditor to provide for the abatement of the original assessment in the amount of $127,064.33. Adopted by the Lino Lakes City Council this 1 h day of July, 1993. Vernon F. Reinert, Mayor MaT.ilyn 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, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 33 — 93 RESOLUTION APPROVING PLANS FOR THE OVERLAY OF CSAH #14 (MAIN STREET) FROM THE CITY OF CENTERVILLE EAST BOUNDARY LINE TO THE EAST ANOKA COUNTY LINE WHEREAS, plans for Project No. SP 02-614-20 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County State -Aid Highway #14 within the limits of the City as a Federal Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. Adopted by the Lino Lakes City Coun 'l •'s 12th day of July, 1993. Vernon F. Reinert, Mayor ,' ( Cir.�� ,)( Ma ilk G. Anderson, 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. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF LINO LAKES) I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Lino Lakes at a meeting thereof held in the City of Lino Lakes, Minnesota, on the 12th day of July, 1993, as disclosed by the records of said City in my possession (SEAL) //7�J�(� �( �.,_7✓ Marilyn,Anderson, Clerk -Treasurer 245 246 At a duly authorized meeting of the City of Lino Lakes, County of Anoka, State of Minnesota, the following resolution was moved and adopted. CITY OF LINO LAKES RESOLUTION NO. 34 - 93 RESOLUTION ENTERING INTO AGREEMENT WITH ANOKA COUNTY FOR FEDERAL - AID HIGHWAY IMPROVEMENT (EAST CSAH #14) BE IT RESOLVED, that the City of Lino Lakes as a condition of receipt by the County of Anoka of Federal funds for the construction, reconstruction or improvement of any State Aid Highway within the City enter into an agreement with the County, a copy of which is attached hereto and made a part hereof: BE IT FURTHER RESOLVED, that the Mayor and Clerk be and they hereby are authorized to execute said Agreement for and on behalf of the City. 'Adopted this 12th day of July, 1993. Marilyn Anderson, Cler -Treasurer Vernon C. Reinert, Mayor CERTIFICATION I HEREBY CERTIFY that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City of Lino Lakes, County of Anoka, State of Minnesota, at a duly authorized meeting thereof held in the City of Lino Lakes, Minnesota on July 12, 1993, as disclosed by the records of said City on file and of record in the office. Marilyn . Anderson, Clerk -Treasurer 1 1 1 1 1 1 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO•LAKES RESOLUTION NO. 35-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE SURFACE WATER MANAGEMENT FUND TO THE SEWER AND WATER OPERATING FUND WHEREAS, there are engineering costs for a Local Water Management Plan, and WHEREAS, in 1992, these expenses were paid from the Sewer and Water Operating Fund, and WHEREAS, the Surface Water Management Fund was established to pay for such expenses. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Sewer and Water Operating (601) Surface Water Management (450) Adopted by the City Council of Li 1993. Increase Decrease $3,891.49 ($3,891.49) this 12th day of July, Vernon F. Reinert - Mayor Mari1 G. y Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 247 248 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESQLUTION NO. 36-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE DEDICATED PARK FUND TO THE GENERAL FUND WHEREAS, there were electrical costs for providing lighting at Country Lakes Park, and WHEREAS, in 1992, these expenses were paid from the General Fund, and WHEREAS, the Dedicated Parks Fund was established to pay for park improvements. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease General Fund (101) $4,801.00 Dedicated Parks Fund (405) ($4,801.00) Adopted by the City Council of Lino ake is 12th day of July, 1993. Vernon F. Reinert - Mayor -75tj, A- ar lynG. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Ellliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 Council member Elliott following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 37-93 introduced the RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE 1990B CONSTRUCTION FUND TO THE 1990B TEMPORARY IMPROVEMENT BONDS WHEREAS, construction is complete on 2nd Avenue, and WHEREAS, there remains a balance in this fund, and WHEREAS, the Temporary Bonds 1990B mature on August 1, 1993, and WHEREAS, these funds are needed to pay for the bonds. NOW THEREFORE BE IT RESOLVED, that the following transfer and fund closing be authorized. Increase Decrease Temp Improve Bond 1990B (519) Remaining Balance 1990B Construction Fund (569) Remaining Balance Adopted by the City Council of Lino Lake this 12th day of July, 1993. Vernon F. Reinert - Mayor fi Marylyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 249 250 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO.38-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE TEMPORARY IMPROVEMENT BONDS 1990B FOR BOND PAYMENT WHEREAS, the Temporary Improvement Bonds of 1990B mature on August 1, 1993, and WHEREAS, projects financed by this bond issue are complete, and WHEREAS, trunk water improvements were financed with this bond issue and not assessed, and WHEREAS, the approximate amount will be $600,000. NOW THEREFORE BE IT RESOLVED, that the following transfer and fund closing be authorized. Increase Decrease Temp Improve Bond 1990B (519) Remaining Balance Area and Unit (406) Remaining Balance Adopted by the City Council of Lino Lake this 12th day of July, 1993. Vernon F. Reinert - Mayor Marilyn nderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO.39-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE CONSTRUCTION OF THE BIRCH STREET UNDERPASS WHEREAS, the Birch Street Underpass was constructed with various funding sources, and WHEREAS, the Centennial School District has paid their portion of $41,330.84, and WHEREAS, the remaining monies come from various funds of the City. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Interim Construction (550) Area and Unit (406) Birchwood Acres Construction (803) Dedicated Parks (405) Storm Sewer Repair (101) Increase Decrease Total paid $(23,153) ( 5,225) (31,990) Remaining costs Adopted by the City Council of Lino Lake -this 12th day of July, 1993. Vernon F. Reinert - Mayor Marilyi% G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same:None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 251 252 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 40-93 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE 1992 IMPROVEMENT BONDS TO THE 1991 IMPROVEMENT BONDS WHEREAS, in 1992, assessments had been paid for Snow Owl Lane and Ulmer Drive, and WHEREAS, it has been determined that these assessment relate to the Wenzel Farms project, and WHEREAS, the 1991 Improvement Bonds were sold to finance the Wenzel Farms project. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase 1991 Improvement Bonds (520) $19,517.50 1992 Improvement Bonds (521) Decrease ($19,517.50) Adopted by the City Council of Lino Lakes -this 12th day of July, 1993. ��- l•(-6."-'71<1,411.2-11-7'11--,._. M/iYi1 Vernon F. Reinert - Mayor yn G. Anderson Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 1 1 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO.41-93 RESOLUTION AUTHORIZING THE CLOSING OF THE 1988B CONSTRUCTION FUND WHEREAS, construction is complete on D. Erickson's 2nd Addition, and WHEREAS, construction is complete on Reshanau lake Estates Phase 2, and WHEREAS, there are no remaining funds. NOW THEREFORE BE IT RESOLVED, that the 1988B Construction Fund be closed. Adopted by the City Council of Lino Lakes this 12th day of July, 1993. Vernon F. Reinert - Mayor 11216-)) ( l �'✓ Milyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: 253 254 Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO -42-93 RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR THE ADDITION OF THE ECONOMIC DEVELOPMENT DEPARTMENT WHEREAS, the City budgeted in 1992 for the 1993 budget year $69,786.00 for economic development under the department called Consultants, and WHEREAS, for better accounting tracking, these economic development dollars should be reallocated to its own department called Economic Development. NOW THEREFORE BE IT RESOLVED, based on the following budget worksheet, Council authorizes dollars to be transfered from the 1993 Consultants budget to a new department budget called Economic Development. Increase Decrease Consultants -Planning and Econ Dev ($69,786.00) Economic Development Department $69,786.00 Adopted by the City Council of Lino Lak 1993. is 12th day of July, Vernon F. Reinert - Mayor MariilY G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Where upon said resolution was declared duly passed and adopted: