HomeMy WebLinkAbout02/28/1994 Council Minutes1
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CITY COUNCIL MINUTES
CITY OF LINO LAKES
COUNCIL MINUTES
FEBRUARY 28, 1994
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
February 28, 1994
6:30 P.M.
7:45 P.M -
Beal, Kuether, Elliott, Bergeson
Mayor Reinert
In the absence of Mayor Reinert, Council Member Neal presided at
the meeting as Acting Mayor.
Staff members present: City Engineer, Darrell Schneider; City
Attorney, Bill Hawkins; Parks and Recreation Supervisor, Marty
Asleson; Planning Coordinator, Mary Kay Wyland; Public Works
Supervisor, Don Volk; Assistant to the City Administrator, Dan
Tesch and Clerk -Treasurer Marilyn Anderson.
SETTING THE AGENDA
Council Member Kuether asked that the February 28, 1994
Disbursements be removed from the consent agenda and moved to new
business on the regular agenda.
CONSENT AGENDA
Council Member Kuether moved to approve the consent agenda as
amended. Council Member Elliott seconded the motion. Motion
carried unanimously.
ITEM
MINUTES:
Regular Council Meeting, February 14, 1994
DISBURSEMENTS:
Centennial Fire Department
REGULAR AGENDA
OPEN MIKE
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DISPOSITION
Approved
Approved
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CITY COUNCIL MINUTES FEBRUARY 28, 1994
Alvin DeMotts, 6265 Holly Drive - Mr. DeMotts noted that a new
subdivision is proposed for his area titled Trappers Crossing.
He read from an article titled, "Making a Fiscal Case for Open
Space". He wanted the City Council to understand that some of
the residents of this City would like to see the open spaces
remain open spaces and not developed for residential or
commercial development. Mr. DeMotts stated that if a survey of
Lino Lakes residents were completed today, it would indicate that
the residents more often than not, would limit the spread of
development.
The City Council thanked Mr. DeMotts for coming and bringing the
article to the attention of the City Council.
PLANNING AND ZONING REPORT, MARY KAY WYLAND
Consideration of a Preliminary Plat and Rezoning Request, Willow
Ponds - FIRST READING, Ordinance No. 03 - 94 Rezoning Willow
Ponds from R-4 (High Density Residential) to R-1 (Single Family
Residential)
This is a request to subdivide a 13.6 acre parcel on Elm Street
into 27 single family lots and to rezone the property from R-4 to
R-1. In 1992, this parcel was previously rezoned to R-4 for a
senior housing development. Since that time, financing for that
project has been difficult to secure and the purchase agreement
was canceled. The property owner has requested that he be
allowed to proceed with a single family development.
The Planning and Zoning Board has reviewed this request and has
recommended approval of the rezone request and the preliminary
plat with several conditions outlined in a planning report from
the City Consulting Planner and the condition that the
landscaping be as outlined on the grading plan which is dated
January, 1994.
Ms. Wyland noted that when the developer proposed changing the
use of this property from senior housing to single family
housing, the adjoining neighbors filed a petition requesting that
the original senior proposal be continued and completed. Since
that time, staff and the developer have met with the neighbors
and have explained that senior housing is dependent upon federal
grants and that neither the City nor the developer can wait until
such financing is available. As a result, several petitioners
have requested that their names be removed from the petition. At
this time, staff is requesting that the City Council approve the
preliminary plat and the FIRST READING of the ordinance that
would rezone the property. If it appears that financing for
senior housing is eminent, the SECOND READING of this ordinance
could be delayed.
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Council Member Kuether asked if the houses abutting I35W will be
constructed with triple glazed windows, air conditioning and
thicker walls. Mr. John Johnson, representing the developer G.
M. Development Company, explained that the entire plat must meet
FHA requirements and the houses will be constructed to their
standards which were set by the Minnesota Pollution Control
Agency (MPCA). These standards include the items that Council
Member Kuether inquired about. Council Member Kuether asked who
is the authority that would oversee the construction if this
subdivision is not FHA approved. Mr. Johnson explained that the
developer would require that the houses be constructed to conform
with the MPCA regulations.
Mr. Johnson explained that Mr. Uhde is anxious to proceed with
the single family subdivision. He noted that Mr. Uhde is not
opposed to senior housing but does not see that financing will
become available soon and wishes to proceed with a development at
this site. Mr. Johnson noted the unusual shape of the property
and explained that the proposed plat is similar to Apollo Meadows
which is located directly across I35W.
Council Member Bergeson noted the petition that was filed by the
adjoining landowners. It was noted that several of the original
signers of this petition have written letters asking that their
signatures be removed from the petition. Council Member Kuether
noted that the petition was worded in a manner that indicated
that the residents were not opposed to the single family
development but were more in favor of the senior housing
development. Mr. Johnson explained that a neighborhood meeting
was held and the residents were given an explanation of the
problems involved with the property and the senior housing
proposal. Once they understood the problems, they were not
opposed to the single family proposal.
Council Member Kuether moved to approve the FIRST READING of
Ordinance No. 04 - 94 based upon but not limited to the following
factors: a) The proposed action has been considered in relation
to the specific policies and provisions of and has been found to
be consistent with the official City Comprehensive Plan, b) The
proposed use is or will be compatible with present and future
land uses of the area, c) The proposed use conforms with all
performance standards contained herein, d) The proposed use can
be accommodated with existing public services and will not
overburden the City's service capacity, e) Traffic generated by
the proposed use is within the capabilities of streets serving
the property. Council Member Elliott seconded the motion.
Motion carried unanimously.
Council Member Kuether moved to approve the preliminary plat for
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Willow Ponds subject to the builder/developer adhering strictly
to the MPCA guidelines on houses next to I35W. Council Member
Bergeson seconded the motion. Motion carried unanimously.
Mr. John Landers, 7181 Sunrise Drive from the audience explained
that he could get the signatures of more persons who wish to have
their names removed from the petition. However, he had heard
that there would be another effort to obtain tax credit funding
and he has not heard if this has happened. Mr. Landers said the
neighbors would rather see senior housing on the property,
however, they do like the proposal before the City Council
tonight.
Mr. Johnson said that if anything positive comes forth regarding
senior housing in the next two (2) weeks, Mr. Uhde will ask for a
delay of the SECOND READING of the rezoning ordinance.
Consideration of a Minor Subdivision, Art LaCasse, 6609 - 24th
Avenue - Mr. LaCasse is seeking approval of a minor subdivision
splitting 6.21 acres from the balance of his 40 acre parcel. The
property is located on the east side of I -35E south of Cedar
Street and is zoned Rural. It is also located within the
boundaries of the MUSA. The purpose of the subdivision is to
allow Mr. LaCasse to retain 6.21 acres as his homestead and sell
the balance of the property for development. Mr. LaCasse is
retaining 6.21 because of the configuration of his septic system
and the adjoining wetlands.
An 85 foot wide strip of property will be provided on Elmcrest
Avenue (24th Avenue) that could provide access to the parcel to
the north. It is questionable, however, if this piece of
property is even buildable due to extensive wetlands. The parcel
to the west, however, has more buildable land and could be
accessed from the west (Otter Lake Road) when those properties
develop.
The enactment of Ordinance No. 93-18 allows a landowner to reduce
their lot size to a minimum of one (1) acre if the balance of the
property results in a parcel of 10 acres or more.
Staff and the Planning and Zoning Board have recommended approval
of the subdivision as submitted.
Council Member Kuether asked if Mr. LaCasse was selling the
balance of his property to a developer. Ms. Wyland said she was
not sure of Mr. LaCasse's plans.
Council Member Elliott moved to approve the minor subdivision for
Mr. Art LaCasse. Council Member Bergeson seconded the motion.
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Motion carried unanimously.
ENGINEER'S REPORT, DARRELL SCHNEIDER
Resolution No. 94 - 15 Receiving Feasibility Report for Fox Trace
Subdivision - The preliminary plat of Fox Trace was approved by
the Lino Lakes Planning and Zoning Board on January 12, 1994 and
by the City Council on January 24, 1994. Questions regarding the
specific method of providing utility service to the plat prompted
preparation of this report. The cost of preparing the report has
been paid by the developer.
As a result of evaluating water service to the proposed project
site, the report contains recommendations regarding installation
of a trunk watermain as a City project. The trunk watermain
installation would be handled as a separate project from the
developer's subdivision improvements, and would be processed
consistent with Minnesota Statutes Chapter 429 and Chapter 8 of
the Lino Lakes City Charter.
As the developer of this project, R -Properties, Inc. has
requested that this be a developer -financed project, the only
city Council action is receiving the report. The public hearing
does not have to be set at this time.
Council Member Kuether moved to adopt Resolution No. 94 - 15
Accepting Feasibility Report for Fox Trace. Council Member
Elliott seconded the motion. Motion carried unanimously.
Resolution No. 94 - 15 can be found at the end of these minutes.
Resolution No. 94 - 16 Ordering Feasibility Report for Service
Road Improvement on North Side of Lake Drive and East of Second
Avenue - Access to the properties on the north side of Lake Drive
east of Second Avenue in Golden's Rice Lake Terrace has been a
matter of concern for several years. MnDOT owns a wide right-of-
way in this area which provides only a single access point for 11
lots on which five (5) businesses are located. MnDOT would like
to have a service road constructed to serve these properties with
a single access point to Lake Drive. The minimum extend of the
Lake Drive/Highway 49 Intersection Project involves work in front
of some of these properties. MnDOT has requested that this is
the time to solve the multiple access problem by further
extending the project, constructing the service road to the
properties, and proper turn lanes on Lake Drive. The service
road would have to be paid for by the property owners, but MnDOT
would pay for the turn lanes as part of the Lake Drive/Highway 49
project.
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An informational meeting was held for the property owners in
September, 1993 and staff heard their opinions and received
letters as follow-up. Opinion is divided to the extent that the
property owners have not been willing to petition for the
project. MnDOT is insisting that we at least pursue this project
to the public hearing phase. Staff is recommending that a
feasibility report be presented for this project as a Council
initiated project in order to hold the public hearing. Most of
the work on this report had to be done to continue with the
processing of the Lake Drive/Highway 49 Plans for MnDOT.
Council Member Bergeson asked who will pay for the feasibility
report. Mr. Schneider explained that if it is decided to not
proceed with the project, the cost of the report will be included
in the Lake Drive/Highway 49 project.
Council Member Elliott moved to adopt Resolution No. 94 - 16
Ordering a Report and Calling a Public Hearing on the Service
Road Improvement on North Side of Lake Drive and East of Second
Avenue. Council Member Bergeson seconded the motion. Motion
carried unanimously.
Resolution No. 94 - 16 can be found at the end of these minutes.
Resolution No. 94 - 17 Receiving a Report and Calling Public
Hearing on Service Road Improvement on North Side of Lake Drive
and East of Second Avenue - Mr. Schneider explained that the
public hearing will provide an opportunity to explain all
pertinent details of the proposed project and get opinions from
the property owners and support for the project and the
accompanying assessment. It is recommended that the City Council
order a public hearing for the project at this time.
Council Member Elliott moved to adopt Resolution NO. 94 - 17
setting the public hearing for March 28, 1994, 6:45 P.M. Council
Member Kuether seconded the motion. Motion carried unanimously.
Resolution No. 94 - 17 can be found at the end of these minutes.
Resolution No. 94 - 19 Receiving the Local (Surface) Water
Management Plan and Forwarding the Plan to the Rice Creek
Watershed District (RCWD) and the Vadnais Lake Area Water
Management Organization (VLAWMO) - Mr. Schneider explained that
the Metropolitan Surface Water Management Act was enacted as
Chapter 509, Laws of 1992. In 1990, State Statutes were codified
into Chapter 103B of the Water Law. Chapter 103B.201 to 103B.251
is the Local Water Planning section and mandates preparation of
local water management plans.
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The Lino Lakes City Council authorized the preparation of the
Lino Water Management Plan (LWMP) in March, 1992. In order for
the City to have a program to permit water resource activities in
the City, the LWMP needs to be approved by RCWD and VLAWMO. The
process will take a maximum of 60 days after submittal for
review.
To assure that the City can begin its permitting program as soon
as possible, the plan should be submitted even though a final
decision has not been made on how the permitting program will be
implemented. By submitting the plan now, the City is not
committed to implementation of the plan until City ordinances are
modified to formally adopt the LWMP. Other cities have submitted
their plans for review to the water management organizations
using the same process.
If the City wishes not to become the permitting authority and/or
Local Government Unit (LGU) for water resources management in the
City, the plan can be amended and resubmitted for review to the
water management organizations. Once the plan is reviewed by the
water management organizations, it can be adopted with or without
the City becoming the permitting authority.
Council Member Bergeson asked if any other city has actually
completed the process and are they the permitting agency? Mr.
Schneider said that two (2) other cities have drafted and
submitted their plans to the water management organizations.
However, neither city has decided whether or not to become the
permitting agency.
Council Member Kuether moved to adopt Resolution No. 94 - 19.
Council Member Elliott seconded the motion. Motion carried
unanimously.
Resolution No. 94 - 19 can be found at the end of these minutes.
Consideration of Renewal of Joint Land Use Agreement No. 685 -
For many years the Metropolitan Waste Control Commission (MWCC)
has shared operating costs of the Black Duck Drive lift station.
This is a carryover from the time when this was considered a
joint use facility with Centerville. Since this lift station
only serves Lino Lakes and the MWCC entirely operates another
lift station at Laurene Avenue, it is to Lino Lakes advantage to
continue this arrangement as long as possible. We will be asked
to assume the entire costs of this lift station when the Lino
Lakes system is updated with reconstruction of the Lino Lakes
outlet facilities by MWCC for District One.
Acting Mayor Neal noted that Gordon Voss had signed the letter
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requesting renewal of the Agreement. He asked if Mr. Voss's
resignation would have any affect on the agreement. Mr.
Schneider said no.
Council Member Kuether moved to approve the renewal of Joint Land
Use Agreement No. 685. Council Member Bergeson seconded the
motion. Motion carried unanimously.
PARK BOARD REPORT, MARTY ASLESON
Park Trails, Shores of Marshan Lake - Acting Mayor Neal explained
that a meeting had been held with residents and the developer of
the Shores of Marshan Lake. An agreement in regard to the
placement of the easterly trails along Marshan Lake has been
reached. This agreement will be brought forward for City Council
approval.
Consideration of Resolution No. 94 - 18 Adopting Minor
Comprehensive Park Plan Amendment - The original site for the
South Athletic Complex has been sold for residential development.
The evaluation of an alternate site was undertaken in response to
the City's concern that land within the Metropolitan Urban
Services Area (MUSA) be developed to its highest and best use.
Although the alternate site defined in the Comprehensive Park
Plan is also ideally suited for this type of development, it is
also considered prime land for residential development.
A new site search was undertaken by staff working with Brauer and
Associates, and the original Ad Hoc Resident Advisory Committee.
The site selected is an 80 acre site referred to as Parcel D in
the evaluation and site selection report by Brauer.
A public hearing to consider the change in sites for the Park
Comprehensive Plan was held on February 7, 1994. There were not
public comments at this public hearing.
Resolution No. 94 - 18 is required so that the amendment can be
forwarded to the Metropolitan Council for their review and
approval.
Council Member Kuether explained that she was not happy with the
site selection because the site is located on the very southern
boundary of the City. Mr. Asleson explained that another site
for another facility has been formally recognized on the north
side of the City. He also explained that the southerly site was
selected because it is very accessible by both pedestrians and
vehicles and the land is suited for the future extension of
utility services. In addition the site is quite isolated and
lends itself for park facilities usage.
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Acting Mayor Neal asked if the City has approached the owner and
made an offer on the land. Mr. Asleson explained that he and the
Park Board Chairman have both talked to the owner and have
offered to pay the fair market value of the property. The Park
Board will be addressing the issue of how to pay for the land if
it is available. Acting Mayor Neal said he felt it was not good
business to approach a landowner and say I want to buy your land,
what do you want for it? The land usually raises in value once
the landowner is aware that the City is interested in it.
Council Member Kuether asked how the City would arrive at a fair
market value? Mr. Asleson explained that the City would hire an
appraiser and normally the land owner also hires an appraiser.
Both appraisers take into consideration the sale prices of
parcels that have recently sold in the area.
Council Member Kuether asked where the purchase money was coming
from. Mr. Asleson explained that the Park Board is presently
addressing this issue.
Council Member Bergeson asked why the Park Board saw a need to
amend the Park Comprehensive Plan when this site is already
included in the Plan as an alternate site. Mr. Tesch explained
that this is a formality and if this site does not work out, the
Park Department will be coming back to the City Council with
another recommendation.
Council Member Elliott moved to adopt Resolution No. 94 - 18 and
noted that she liked the proposed site. Council Member Bergeson
seconded the motion. Motion carried unanimously.
Resolution No. 94 - 18 can be found at the end of these minutes.
Consideration of Extended Hours - Winter Park Shelter Rate - The
Park Board and staff are recommending that the City Council set a
facility use fee of $15.00 per hour to accommodate the use of
park facilities beyond the normal budget schedule for those
residents who wish to use the facility and pay the costs. This
matter was before the City Council previously and staff was asked
to do an energy audit to establish a more accurate figure as a
basis for the $15.00 fee.
Mr. Asleson met with a representative from NSP and reviewed past
billings. A breakdown of the findings was included in the
Council packet with the "green sheet". Actual costs are somewhat
below the recommended $15.00 rate.
The Park Board has reviewed the energy audit and is recommending
that since the $15.00 rate covers all expenses, it is a
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reasonable rate for facility use with a supervisor.
Council Member Kuether asked if the fee is larger than actual
expenses, where would the balance of the fee go. Mr. Asleson
explained it would go into the General Fund to cover other
operating expenses. Acting Mayor Neal asked that Mr. Asleson
provide a report to the City Council regarding this matter.
Council Member Elliott moved to adopt the $15.00 per hour fee for
private use of the winter facilities. Council Member Kuether
seconded the motion. Motion carried unanimously.
Consideration of Resignation from Full -Time Employment Status of
Carole Kohler, Parks and Recreation Secretary - Due to a chronic
illness, Ms. Kohler has been advised by her physician to
terminate full-time employment. Currently she is in a
physical/occupational therapy program three (3) half days per
week until April 1, 1994. Ms. Kohler is asking, if possible to
continue employment on a part-time basis after that date.
Council Member Kuether moved to accept the full-time resignation
of Ms. Kohler. Council Member Elliott seconded the motion and
stated that she hated to see Ms. Kohler terminate her employment.
Motion carried unanimously. Mr. Tesch said he is working on a
part-time program for her.
CONSIDERATION OF THE OPEN MEETING LAW DEFENSE INSURANCE, DAN
TESCH
A letter has been received from the Kelly Insurance Agency that
outlines the purpose behind the Open Meeting Law Defense
Insurance program. The coverage from this insurance would
reimburse any City Council member up to 80% of defense costs
incurred from a claim that he/she violated the open meeting law.
The annual premium is $720.00.
Council Member Kuether moved to approve additional insurance
coverage. Council Member Elliott seconded the motion. Motion
carried unanimously.
ATTORNEY'S REPORT, BILL HAWKINS
Consideration of an easement from Northern Technologies
International Corporation (NTI) for the Lake Drive (County
#23)/Hodgson Road (Highway 49) Improvement - Mr. Hawkins
explained that because of the above referenced improvement, it is
necessary to acquire several easements. Both a permanent
easement and a temporary easement were negotiated with NTI with
the following conditions: 1) the City will pay NTI $4,565.00
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for the easements, 2) the City will replace the driveways that
are damaged or removed because of the construction, 3) the City
will move the fire hydrant that services the property at no cost
to the property owner, 4) the City will repair or replace any
fencing that is damaged during the construction, 5) landscaping
and sign of NTI shall not be damaged during construction on these
easements. If the landscaping or the sign is damaged or has to
be removed, NTI will be compensated in'the amount of $5,861.00.
It does not appear that the sign has to be moved. The property
and the sign were appraised separately and the appraised price
was accepted by NTI.
Mr. Hawkins asked the City Council to approve a motion accepting
the easements and authorizing payment to NTI as outlined for the
easement.
Council Member Bergeson asked Mr. Hawkins to update the City
Council regarding easements on the Reiling property. Mr. Hawkins
explained that this matter is in eminent domain and the initial
hearing was held in district court on Friday. The district court
will be appointing three (3) appraisers who will meet to take
testimony and will set a value on the easements. Mr. Hawkins
said he anticipates that the City will be able to enter onto the
property in about 60 days and begin construction.
Council Member Kuether moved to accept the easements from NTI and
to direct payment for the easement in the amount of $4,565.00 to
NTI. Council Member Elliott seconded the motion. Motion carried
unanimously.
Consideration of a Permanent Easement for Walkways in the Birch
Wood Acres Third Addition - Mr. Hawkins explained that when the
plat was filed an easement was not designed for the walkway. The
Quit Claim Deed is conveying to the City the easements required
for the walkway. There is no cost for the easements. Mr.
Hawkins recommended that the City accept the easements.
Council Member Elliott moved to accept the easement for walkways
in the Birch Wood Acres Third Addition. Council Member Kuether
seconded the motion. Motion carried unanimously.
OLD BUSINESS
Consideration of Awarding Bids for the Shores of Marshan Lake
Park Building - Mr. Volk explained that award of the bids for the
Shores of Marshan park building was tabled at the February 14,
1994 City Council meeting. A subsequent discussion of this
matter at the February 23, 1994 City Council work session made it
clear that the City Council would like to see the process rebid
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with sealed bids. Mr. Volk recommended that the City Council
reject all bids at this time.
Council Member Kuether moved to reject all bids and order that
sealed bids be accepted from general contractors only. Council
Member Elliott seconded the motion. Motion carried unanimously.
Consideration of Designating City Depositories - Mr. Tesch
explained that a list of City depositories used by the City
Finance Department for investment purposes was included in the
Council packets. The City is required to formally appoint and/or
reappoint depositories annually.
Council Member Kuether moved to approve the list of depositories.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Council Member Kuether questioned why Firstar Banks was on this
list. Mr. Tesch explained that the City has a checking and a
savings account at this facility. Council Member Kuether asked
Mr. Tesch to give her the approximate balance of the savings
account. Acting Mayor Neal asked that the amount of interest
this account draws be included.
NEW BUSINESS
Consideration of Disbursement of February 28, 1994 - Council
Member Kuether questioned the following disbursements:
Brian Wessel (mileage) - Mr. Tesch explained that
accumulation of several trips.
this is an
Labor Relations Association - Mr. Tesch explained that Karen
Olson is assisting staff during negotiations with the Lino
Lakes Management Association. Council Member Kuether asked
what the total cost will be. Mr. Tesch explained that at this
time it is impossible to determine. However, he noted that he
is doing most of the necessary research in an effort to keep
the cost down.
- NSP Street Lights, Pheasant Hills Preserve, Third Addition -
Mr. Tesch was unaware of how this matter is handled. He will
get this information for Council Member Kuether.
Acting Mayor Neal asked about the disbursement to Tri-State
Surplus for material for the Forjay building. Mr. Tesch
explained that this was for material to winterize the building.
Council Member Neal asked if the parking area will be graded.
Council Member Elliott said it will be completely landscaped and
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the parking area will be blacktopped.
Council Member Elliott moved to approved the disbursements as
presented. Council Member Bergeson seconded the motion. Motion
carried unanimously.
Consideration of a Request from the Centennial Fire Fighters
Relief Association for Renewal of Gambling License - An ,
application for the renewal of the Centennial Fire Fighters
Relief Association gambling license for operations at the 49 Club
and Shirley Kaye's was sent to the City Council in their packets.
Along with the application was a list of donations made by this
organization during 1993.
Mrs. Anderson explained that this organization has complied with
all aspects of the Gambling Ordinance. All forms are submitted
in a timely manner and the list of donations indicates that all
financial requirements of the ordinance have been met or
exceeded.
Mrs. Anderson asked the City Council to approve the renewal of
the two (2) year gambling license for this organization.
Council Member Kuether asked who makes the decisions regarding
donations. The consensus was that the Board of Directors makes
the decision.
Council Member Elliott moved to approve the gambling
Council Member Bergeson seconded the motion. Motion
unanimously.
PROCLAMATION: Volunteers of America Week, March 6 -
license.
carried
13, 1994 -
Mrs. Anderson presented the proclamation and asked that the City
Council approve it. She noted that the organization has been in
existence for 98 years. She also noted that a part of the
organization had caused some controversy in this City in the
past, however, she felt it was important to recognize the many
volunteers who serve throughout Anoka County and in particular
Lino Lakes. Mrs. Anderson noted that 90% of each dollar donated
to this organization is spent directly on program services.
Acting Mayor Neal explained that the Volunteer's of American
discontinued the senior meal program at St. Joseph Catholic
Church and left many seniors without service. He also noted that
seniors can now go to the Centennial Senior High School for a
meal.
Council Member Elliott moved to adopt the proclamation. Council
Member Bergeson seconded the motion. Motion carried unanimously.
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Council Member Bergeson moved to adjourn at 7:45 P.M. Council
Member Elliott seconded the motion. Motion carried unanimously.
These minutes were considered, corrected and approved at a
regular Council meeting held on March 14, 1994.
M rileL/1 (f4ti-c-iooA, ;_a/:;: -______t__
yn . Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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Council Member Kuether introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 95 - 15
RESOLUTION RECEIVING REPORT ON FOX TRACE SUBDIVISION
WHEREAS, the preliminary plat for Fox Trace Subdivision was
approved by the City Council on January 24, 1994, and
WHEREAS, at that meeting questions regarding the specific method
of providing utility service to the plat prompted
preparation of a feasibility report,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Council hereby accepts the report on utility and
street improvements for Fox Trace and will consider the
improvements in accordance with the report and the assessment
of benefitting property for all or a portion of the cost of
the improvement pursuant to Minnesota Statutes Chapter 429 and
Chapter 8 of the Lino Lakes City Charter at an estimated total
cost of the improvement of $$899,161.00.
Adopted by the City Council this 28th day of February, 1994.
Vernon F. Reinert, Mayor
Mari y 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.
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Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 - 16
RESOLUTION ORDERING FEASIBILITY REPORT FOR SERVICE ROAD IMPROVEMENT
ON NORTH SIDE OF LAKE DRIVE AND EAST OF SECOND AVENUE
WHEREAS, it is proposed to construct a service road along Lake
Drive east of Second Avenue and ending east of the
LeBlond Veterinary Clinic and to assess the benefitted
property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429
and Chapter 8 of the Lino Lakes City Charter, and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
That the proposed improvement be referred to Tim Hanson, SEH
for study and that he is instructed to report to the City
Council will all convenient speed advising the Council in a
preliminary was as to whether the proposed improvement is
feasible and as to whether it should best be made as proposed
or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Adopted by the Lino Lakes City Council this 28th day of February,
1994.
Vernon F. Reinert, Mayor
�ilyn 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.
Whereupon said resolution was declared duly passed and adopted.
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Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 - 17
RESOLUTION ACCEPTING REPORT AND CALLING PUBLIC HEARING ON SERVICE
ROAD IMPROVEMENT ON NORTH SIDE OF LAKE DRIVE AND EAST OF SECOND
AVENUE
WHEREAS, pursuant to a resolution of the City Council adopted on
February 28, 1994, a report has been prepared by Tim Hanson, SEH
with reference to the improvement of a service road on the north
side of Lake Drive and east of Second Avenue, and this report was
received by the City Council on February 28, 1994,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The Council will consider the improvement of such street in
accordance with the report and the assessment of abutting
property for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of
the Lino Lakes City Charter at an estimated total cost of
$106,730.00.
2. A public hearing shall be held on such proposed improvement on
the 28th day of March, 1994, in the Council chambers of the
city hall at 6:45 P.M. and the Clerk shall give mailed and
published notice of such hearing and improvement as required
by law.
Adopted by the Lino Lakes City Council this 28th day of February,
1994.
Wesley "Neal, Acing Mayor
COL, . (ae(XA.,
Mar lyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Kuether and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal.
The following voted against same: None, Mayor Reinert was absent.
Whereupon said resolution was declared duly passed and adopted.
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Council Member
Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
Resolution No. 94 - 18
RESOLUTION ADOPTING A MINOR PLAN AMENDMENT TO THE
LINO LAKES COMPREHENSIVE PARK PLAN AND DEVELOPMENT GUIDE
WHEREAS, the City of Lino Lakes has updated its Comprehensive Park
Plan and Development Guide in 1994;
WHEREAS, the site originally selected for Recreation Complex A-3
located at 12th Street and Holly Drive has become
unattainable;
WHEREAS, a replacement site for Recreation Complex A-3 has been
selected by the Comprehensive Park Plan and Development
Guide Committee;
WHEREAS, the replacement site location for Recreation Complex A-3
will be at Holly Drive and Ash Street (Co. Rd. J);
NOW, THEREFORE BE IT RESOLVED, THAT:
1.
The Lino Lakes City Council hereby adopts a minor plan
amendment to revise the Comprehensive Park Plan and
Development Guide to re -locate the site of Recreation
Complex A-3 on 12th Street and Holly Drive to Holly Drive
and Ash Street (Co. Rd. J).
2. The City Administrator is hereby directed to submit the
minor plan amendment to the Metropolitan Council for
approval.
Adopted by the Council of the City of Lino Lakes this
day of February , 199 4
28th
Vernon F. Reinert, Mayor
Marilyn 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.
Whereupon said resolution as declared duly passed and adopted.
Ref: Resolution
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Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 - 19
RESOLUTION TO AUTHORIZE THE SUBMITTAL OF THE LOCAL WATER MANAGEMENT
PLAN TO RICE CREEK WATERSHED DISTRICT AND VADNAIS AREA LAKE WATER
MANAGEMENT ORGANIZATION FOR REVIEW
WHEREAS, State Statutes, Chapter 103B.201 to 103B.251, mandate
preparation of a Local Water management Plan (LWMP),
WHEREAS, the City of Lino Lakes authorized the preparation of a
LWMP,
WHEREAS, Rice Creek Water District (RCWD) and Vadnais Area Lake
Water Management Organization (VLAWMO) area are required
by law to review the LWMP to verify that it is in
conformance with their management plans,
WHEREAS, RCWD and VLAWMO approval is required before the City can
implement its permitting program,
WHEREAS, RCWD and VLAWMO have 60 days to review the LWMP before it
is automatically approved,
WHEREAS, the final adoption of the local plan requires changes to
the City ordinances which is done after RCWD and VLAWMO
approval,
WHEREAS, the City will not be required to implement the LWMP until
City regulations are modified,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
That the Lino Lakes Local Water Management Plan dated February 28,
1994, prepared for the City by Short -Elliott -Hendrickson, Inc., be
submitted to Rice Creek Watershed District and Vadnais Area Lake
Water Management Organization for review and approval.
Adopted by the Lino Lakes City Council this 28th day of February,
1994.
Vernon F. Reinert, Mayor
Anderson, Clerk -Treasurer
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RESOLUTION NO. 94 - 19
Page -2-
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott, Neal,
Kuether.
The following voted against same: None, Mayor Reinert was absent.
Whereupon said resolution was declared duly passed and adopted.
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