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HomeMy WebLinkAbout02/28/1994 Council Minutes1 1 1 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 PAGE 1 DISPOSITION Approved Approved 9G 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. PAGE 2 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 3 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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. PAGE 4 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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. PAGE 5 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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. PAGE 6 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 7 '1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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. PAGE 8 1 1 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 9 9') CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 10 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 11 101 102 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 12 1 1 1 1 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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. PAGE 13 104 CITY COUNCIL MINUTES FEBRUARY 28, 1994 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 PAGE 14 1 1 1 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. 1O 106 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. 1 1 1 1 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. 10i 1 0 ?i 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 1 1 1 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 109 1 1'0 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. 1