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HomeMy WebLinkAbout03/28/1994 Council Minutes1 1 COUNCIL MEETING CITY OF LINO LA<ES COUNCIL MINUTES MARCH 28, 1994 DATE TIME STARTED TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT March 28, 1994 6:30 P.M. 8:10 P.M. Reinert, Neal, Kuether None , Elliott Bergeson Staff members present: City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Parks Director, Marty Asleson; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Public Works Director, Don Volk; Consulting Engineer, Tim Hanson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that Regular Agenda Item No. 2B, Consideration of the SECOND READING, Ordinance No. 03 - 94, Rezoning of Willow Ponds be placed under Old Business, Item D. Council Member Kuether asked that Consent Agenda Item No. Bl, March 28, 1994 Disbursement be moved to the Regular Agenda under Old Business, Item 11C. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as amended. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, March 14, 1994 Regular Council Meeting, March 14, 1994 PAGE 1 DISPOSITION Approved Approved 123 124 COUNCIL MEETING MARCH 28, 1994 DISBURSEMENTS: Centennial Fire Department REGULAR AGENDA OPEN MIRE Approved Pete Pederson, Edina Realty Representing John and Carla Montgomery - Mr. Pederson explained that the Montgomery's have a purchase agreement on a lot in the Shores of Marshan Lake. The City has placed a "hold" on all building permits for this subdivision. The Montgomery's would like to obtain their building permit as soon as possible to be able to take advantage of the favorable interest rates. Mr. Pederson asked if there was anything that the City Council could do to before the Montgomery's lose the "lock" on their interest rate. Ms. Wyland explained that there are two (2) other building permits on hold for this subdivision because the developer, Jack Menkveld has not completed the terms of his development agreement. Mr. Menkveld has supplied some of the easement documents for the trail, however several other easements are still needed. Once the trail has been completed as outlined in the development agreement, the City will again issue building permits for this subdivision. Mr. Schneider explained that this is the second agreement with Mr. Menkveld and no building permits will be issued while he is still in violation of the agreement. He explained that the agreement requires that the trail along Marshan Lake be completed before further building permits will be issued. Mayor Reinert explained to Mr. Pederson that it is unfortunate that potential buyers will be hurt by this action, however, if the City allows building permits without developer agreements being completed, the developer may never fulfill his agreements and the City has no leverage to make him do so. Mr. Pederson thanked the Council for listening to his concern. PLANNING AND ZONING REPORT, MARY KAY WYLAND Consideration of PineRidge II Preliminary Plat - Ms. Wyland explained that the applicant, Richard Carlson, is requesting a preliminary plat approval of a 9.96 acre single family subdivision. The site contains 18 lots and is zoned Single Family Executive (R -1X) with a Planned Unit Development Overlay (PDO) designation. The property is located east of Ware Road and PAGE 2 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 south of PineRidge I. Ms. Wyland used the overhead projector and explained that the proposed street and lot layout is reflective of the surrounding area land uses and zoning. Based on the following analysis of issues, the Consulting Planner has recommended that PineRidge II preliminary plat be approved subject to the conditions as outlined below: 1. A full cul-de-sac is provided at the terminus of the western most street within the 60 foot right-of-way. The cul-de-sac must be constructed either within the subject plat boundaries or within the adjacent westerly property. (The developer has already made arrangements to purchase the 10 acre parcel to the west and plans to locate the cul-de-sac on this site.) 2. The grading plan and location of drainage and utility easements are found to be acceptable by the City Engineer. 3. Park and trail dedication requirements are met as dictated by the Park Board. (The Park Board has requested a cash donation and trails located on the northwest and southeast corners of the subdivision.) The proposed plat contains 18 lots at a density of 1.8 units per acre. This is well within the limits outlined in the City Code. All proposed lots meet the minimum lot area standard, comply with the minimum lot width requirements and have at least the depth of 135 feet. In addition, all lots show an ability to accommodate the setback requirements. The wetland mitigation plan has been approved by both the Army Corps of Engineers and the Rice Creek Watershed District. The proposed layout of streets is appropriate given the land which abuts this property is zoned Rural. The required 10 foot drainage and utility easements have been placed along all lot lines and over wetland areas and have been reviewed by the City Engineer. Council Member Bergeson moved to approve the preliminary plat of PineRidge II subject to conditions outlined in the February 4, 1994 staff report, noting that Item No. 4 related to the development contract and financial guarantees. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF HIRING POLICE OFFICERS KENT STREGE AND STEVEN WAGNER, POLICE CHIEF PECCHIA Chief Pecchia presented a recommendation to hire Kent Strege and Steven Wagner as police officers. Mr. Strege is married with two PAGE 3 12') 126 COUNCIL MEETING MARCH 28, 1994 (2) children and lives in St. Paul Park. Currently he is employed by 3M as a Senior Systems Analyst and has several years experience in public safety. Mr. Strege is a Newport Fire Department volunteer with 12 years of experience and has attained the rank of Captain. He has also served as a part-time police officer with the Cottage Grove Police Department for approximately three (3) years. Mr. Strege's formal education includes a Bachelor Degree from Metropolitan State University and has completed his skill training at the Law Enforcement Training Center in Edina. Mr. Strege is a certified EMT. His anticipated starting date with the Lino Lakes Police Department is April 7, 1994. Mr. Wagner is single and lives in Eden Prairie. He is currently employed by Marshalls Department Store as a Loss Prevention Specialist and has worked for the Hazeltine National Golf Course. Mr. Wagner became interested in law enforcement in high school and was further encouraged to enter this profession by his neighbors who are both experienced police officers. Mr. Wagner's formal education includes a Bachelor Degree from St. Cloud State University in criminal justice with an emphasis in psychology. He completed his Law Enforcement Skills training at Alexandria Vocational Technical College. Mr. Wagner's anticipated starting date is June 1, 1994. Chief Pecchia noted that he received about 150 applications for the two (2) positions. He described the process used to select Mr. Strege and Mr. Wagner for the two (2) open positions. Council Member Kuether moved to hire Mr. Strege on an unconditional basis and Mr. Wagner subject to successfully completing all the required tests. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF AWARDING BIDS FOR REMODELING THE SHORES OF MARSHAN LAKE PARK BUILDING, DON VOLK Mr. Volk explained that sealed bids were received and opened on Monday, March 21, 1994, 10:00 A.M. for remodeling of the above described building. The building is to house the Parks, Recreation, Forestry and Solid Waste Departments. Five (5) bids were received with only one contractor bidding the total project. The four (4) remaining bidders excluded the parking lot from their bids. Mr. Volk provided a summary of the bids and noted that to make a proper comparison, the parking lot was omitted from bid on the PAGE 4 1 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 one contractor. He noted that even after deleting the parking lot portion of the bid, this contractor remained in third place. Mr. Volk has consulted with the city attorney who outlined three (3) options for City Council action. The first option is if the City Council feels deletion of the parking lot is not a substantial deviation from plans and specifications, the City Council can award the bid to the lowest qualified bidder without the parking lot. The second option is to award the bid to the only bidder who followed the plans and specifications most accurately. The third option is to reject all bids and rebid the project. Council Member Neal said he felt that there is only one qualifying bid and that is the bid from the contractor who included the parking lot in his bid. Council Member Neal said he felt the bid should be awarded to that bidder. Council Member Bergeson said he felt that the City Council should award the bid to the lowest bidder, Rainbow Construction. Council Member Elliott agreed and noted that this would save the City almost $5,000.00. Council Member Neal asked Mr. Volk if he had an estimate of what it would cost to construct the parking lot. Mr. Volk explained that he received a proposal for $5,500.00. Council Member Kuether explained that she understood both arguments but noted that proposals had been received on this project earlier and there were problems with them. She explained that since there was only one bidder who followed the plans and specifications, his bid is the only bid that should have been presented to the City Council for consideration. Mayor Reinert explained that the City Council has the right to accept bids that are not a substantial deviation from the plans and specifications if it is in the best interest of the City. He noted that when you add the parking lot to the four (4) remaining bids, Rainbow Construction is still the low bidder. Mayor Reinert noted that if the City Council values tax dollars, they should be looking at the best interest of the City and in this case it would be to award the bid to the low bidder, Rainbow Construction. Council Member Neal asked how the parking lot would be handled. Mr. Volk explained that he would solicit bids and bring the bids before the City Council for their decision. Council Member Kuether said she would vote for accepting the low PAGE 5 12i 12U COUNCIL MEETING MARCH 28, 1994 bid but wanted to see further information on the parking lot. She moved to award the bid to the low bidder, Rainbow Construction for $36,035.00. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Volk explained that the building will be completed in four (4) to six (6) weeks. CONSIDERATION OF FIRST READING, ORDINANCE NO. 05 - 94 REOUIRING ALL COMMERCIAL SOLID WASTE COLLECTION HAULERS TO BE LICENSED BY THE CITY OF LINO LAKES, DON VOLK Mr. Volk explained that commercial solid waste haulers are not regulated in the City of Lino Lakes as residential solid waste haulers are regulated. In addition, there are no regulations that would prevent additional haulers from operating in the City. Draft Ordinance No. 05 - 94 proposes to license commercial haulers that are currently operating in the City. This would eliminate any opportunity for additional commercial haulers to solicit customers in Lino Lakes. The objective of the ordinance is to prevent additional wear to City streets. It also requires commercial haulers to offer recycling services to the businesses in the City, provides for a recycling reporting procedure and outlines guidelines in the interest of maintaining healthy and sanitary conditions. Mr. Volk noted that this matter was discussed at the last City Council work session. No changes to the draft have been suggested since that meeting. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 05 - 94. Council Member Kuether seconded the motion. Motion carried unanimously. PUBLIC HEARING, SERVICE ROAD ON NORTH SIDE OF LAKE DRIVE, EAST OF SECOND AVENUE, DARRELL SCHNEIDER Mayor Reinert opened the public hearing at 7:00 P.M. Mr. Schneider explained that this proposed improvement would be considered a City initiated project as opposed to a petitioned project. The proposed Lake Drive (CSAH 23)/Hodgson Road (Highway 49) improvement extends northeast on Lake Drive beyond the entrances to the Hopkins property and the Emery property. These properties have driveway access onto Lake Drive which violates MnDOT's right-of-way access control. As part of the CSAH 23/TH. 49 improvement, MnDOT has requested this situation be corrected. The feasibility study being presented in the public hearing is a PAGE 6 1 1 1 COUNCIL MEETING MARCH 28, 1994 response to MnDOT's request. If the proposed frontage road improvements are authorized, the project would be added to the CSAH 23/TH 49 improvement project. The frontage road improvements are proposed to be assessed to the adjoining property owners. Improvement to TH. 49 (Lake Drive) are proposed to be MnDOT expense. MnDOT is also turning back 100 feet of the right-of-way to the City of Lino Lakes for the placement of the proposed frontage road. Informational meetings have been held with the adjoining property owners to explain the problems and the proposed solution. Most of these property owners have indicated that they are not interested in the improvement. This has resulted in further negotiations with MnDOT. Staff feels the proposed frontage road improvements are the best compromise that can be obtained from MnDOT. Mr. Tim Hanson, SEH presented the feasibility study to the City Council. He used the overhead projector and outlined the proposed improvement, the project costs, the proposed financing and the proposed time schedule. Mr. Hanson noted that the construction would coincide with the CSAH 23/TH 49 improvement project. The total projected cost of the service road is $106,730.00. The abutting property owners would be assessed $45,350.00 and MnDOT would pay $61,380.00. Mr. Hanson noted that the proposed assessment includes the Storm Water Management fee. Council Member Bergeson asked what MnDOT would do if the proposed improvement fails. Mr. Schneider explained that the State could cut off all driveways except the one which is shown on the proposed frontage road. He noted that there has not been any accidents or congestion in the area, they have a right to enforce their right-of-way regulations. Council Member Kuether asked how the assessment got so high and how the Charter affects the proposed assessment. Mr. Schneider explained that this area is not included in the three (3) areas recently removed from Charter regulations. This project must proceed within the guidelines of the Charter. He also noted that the City Council will not be taking action tonight. A 60 day waiting period will commence after the close of the public hearing. Mr. Schneider also noted that the proposed improvement could be constructed without using assessment financing and using other financing. Mayor Reinert asked if the project proceeded and the abutting landowners were not assessed at this time, would this be considered a pending assessment. Mr. Schneider said no, the PAGE 7 12 13 F COUNCIL MEETING MARCH 28, 1994 Charter forbids this action. Mr. Schumacher asked if MnDOt would fund their portion of the proposed frontage road if the road is built sometime in the future. Mr. Hanson said that the CSAH 23/TH 49 improvement will be constructed under a cooperative agreement which means items paid by MnDOT would include items that are completed. The cooperative agreement would not include any funding for the frontage road if it is constructed in the future. Dean Quimby, owner of Lots 10 and 11, Golden's Rice Lake Terrace said that this matter has been discussed during the past several months. Also the property owners have talked to the State several times about buying the right-of-way so that their lots could be improved. The State would not do this until this project was proposed. Mr. Quimby said that it appears that the State is trying to put the burden of taxing the property owners on the City for the improvement. He said he found this hard to take. Mr. Quimby said that this is State owned property and if they want the service road they should put it in at no expense to the property owners. Charlene Hopkins, 6891 Lake Drive, said that she understands the cost of the service road is $45,350.00 but she did not understand what was being added to the assessment to make it so high. Mrs. Hopkins asked why the charge for surface water management. Mr. Hanson explained the City had established the storm water management fund some time ago to provide funding for holding ponds, drainage areas, etc. A portion of each assessment funds holding ponds, storm water drainage areas and the improvements that handle storm water. Mrs. Hopkins said she did not realize that property owners would have to pay for storm water drainage. Mr. Schneider explained that this cost is paid by property owners that receive benefit. He also noted that the City had purchased wetland behind her property to serve as a drainage and storm water holding area. Mr. Schneider also noted that neither the State or the County absorb the entire cost of building roads. They expect affected property owners to bear some of the costs because the improvement benefits their property. Since neither the State or the County can assess the benefiting property owners directly that is why they insist that the City enter into cooperative agreements when such improvements are proposed. Mr. Schneider noted that the CSAH 23/TH. 49 improvement project is a cooperative project and the only way that Lino Lakes has been able to get the intersection corrected is to take the lead and pay the up front costs and do the work. PAGE 8 1 1 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 Robert Emery, 6931 Lake Drive noted that when the City purchased the wetlands behind his business, he was offered $1,200.00 for almost two (2) acres. He hired an attorney and eventually received $3,000.00. Mr. Emery explained that he has owned the property since 1972 and has tried to purchase the right-of-way in front of his property from the State. He explained that he has an illegal access. However, he noted that he pays $4,000.00 in taxes each year. Since this is State owned property, Mr. Emery said he could see no reason whatever, why a private individual has to be assessed for a road on State property. They have not allowed him to purchase the property but are allowing him to pay to have a service road constructed. He admitted it could be a nice benefit, and said he had no objection to the service road but did object to paying for it. Mrs. Hopkins said they also have been trying for many years to get property returned to the adjacent landowners. She noted that unless the State will sell or return the property in front of her house they cannot sell it because the City took the land in the back for drainage purposes so close to the back of the house, the property is not a legal property. Mrs. Hopkins said that it appears that the City is asking her to spend over $11,000.00 that they will never get back plus they will have to construct a driveway to the service road at an additional cost. She felt it was not fair or right that they are being asked to spend over $11,000.00 for the benefit of only one marketable property. Mrs. Hopkins said she did not feel the assessment was right and asked the City Council to reconsider it. Mayor Reinert explained that the City has no control of the State portion of the proposed improvement. Mr. Hanson further explained that when the State purchased the right-of-way, probably before most of the current landowners purchased their land, they view the right-of-way as giving them access control and they may in the future enforce their right. MnDOT views the right-of-way as their property just as a landowner views his property as his own. John Stodola, Representing Lots 6 and 7, Goldens Rice Lake Terrace, owned by Flarity, Buzick, Stodola - Mr. Stodola explained that he and his partners have talked to all of their neighbors about this proposal as well as several Council Members, Mr. Schumacher and Mr. Volk. He explained that the property owners feel that this proposed improvement is being pushed on them. It is not a matter of whether or not the property owners want the improvement but a matter of being threatened. Mr. Stodola said he understood under the terms of the City Charter the property owners have the right to say "no". He said that he feels it hard to believe that the vehicle count is 5000 per day. PAGE 9 13; 132 COUNCIL MEETING MARCH 28, 1994 He had Mr. Schumacher and Mr. Hanson to his property and they could not get near that count. Mr. Stodola said he has owned the property for 11 years and feels there is not need for the improvement. There has not been a major accident or any other traffic problem. Mr. Stodola asked if there was any way that the City could help the landowners buy the right-of-way. He said the improvement would devastate Budget Foreign Auto. He would not have any frontage and have to park across the street. Mr. Stodola said he did not see where there would be any big increase in traffic on Lake Drive. Council Member Kuether asked if the State plans to "turn back" some of the right-of-way to the City. Mr. Hanson said that the State is willing to turn back this particular 100 foot strip providing the frontage road is located on the strip. Council Member Kuether noted that the City would then control the right- of-way and can turn back to the adjoining landowners any portion of the strip not used for the frontage road. Mr. Stodola asked Mr. Schumacher if it was correct that he had said that the City could take the right-of-way to solve this problem. Mr. Schumacher explained that this issue has been wrestled with for many years. He noted that he and Mr. Volk had visited MnDOT about 10 years ago and they told him at that time, if the City could guarantee that this project would be completed, they would turn back the right-of-way. Mr. Schumacher noted that the only thing MnDOT is interested in is that there be only one controlled access in this area so there will not be half a dozen accesses onto a State highway. They are not concerned what would happen to the balance of the right-of-way. Mr. Stodola said he did not see where anyone can say that there has been a problem in this area or that there is going to be a problem. Mr. Schumacher noted that the City has not said there was a problem, MnDOT has said there is a problem. Mr. Stodola said he felt that this was a "typical deal", they have too much money and if they do not spend it, they will loose it. He said that it is very unfair because this is being pushed on the property owners. Mr. Stodola said he feels that this area has been a good neighbor and asked for help from the City Council. Mayor Reinert noted that the City gets "pushed" by the State many times too. Mr. Schneider explained that if the frontage road is built, the City only has a need for enough area to store snow during the winter. The balance of the right-of-way can be released back to the adjacent property owners. Mayor Reinert explained that if the City were to take control of PAGE 10 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 the right-of-way, in the interest of safety, somehow he hoped that the property owners would begin to think in terms of a single access to Lake Drive. He noted that traffic will increase because the population is growing in Lino Lakes and the surrounding areas. Jerry Hopkins, 6891 Lake Drive wondered if the City could take over the property and do the job that MnDOT is talking about doing and help the property owners in this manner. Mayor Reinert said he did not know, but it has been talked about. He did note that at the very least if the City does take control of the right-of-way, land not needed for the frontage road could be turned back to the property owners. There are a lot of possibilities, however the answers are not known at this time. Mr. Schneider commented that this would be a City project and the State is only participating financially. The City would be out $60,000.00 of State funding if the State did not participate. Mayor Reinert explained that the single goal of the State is to have a single access to Lake Drive. He further explained that this should be a goal of this City because of future safety concerns. Mr. Stodola asked if saying "no" means "no". Mayor Reinert said in this case if might mean "maybe". He explained that if the adjoining landowners agree that they have an access problem, it might be in their best interest to see what options are available. Mr. Quimby noted that the proposed frontage road addresses the concerns on their side of Lake Drive. He asked what happens to the driveways across the street. Mr. Hanson explained that MnDOT has not commented on this situation but they do have the same control on that side of Lake Drive. MnDOT has known about the problem in this area for years and since there is an adjoining project at CSAH 23/TH 49, they view this as an opportunity to correct a bad problem. Mr. Quimby said he was aware of the access problem when he purchased his lots. Mayor Reinert explained that this begins the 60 day waiting period and asked the property owners to think about the situation. He asked them to think about the possibility of acquiring additional property in the interest of "striking a deal" for public safety. There are some options to think about during the next 60 days. Council Member Kuether asked that the staff consider some options and then meet with the property owners. PAGE 11 133 134 COUNCIL MEETING MARCH 28, 1994 Mayor Reinert thanked the property owners for coming and expressing their concerns in an orderly manner. Council Member Neal moved to close the public hearing at 7:40 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE 1994 PARK BOARD GOALS, MARTY ASLESON Mr. Asleson explained that in 1992 the Comprehensive Park Plan and Development Guide was approved. The Development Guide established a system of priority ranking for park land acquisition and development. These priorities were based on community needs and demands at that time. Since community needs and demands tend to change over time, the Development Guide needs to be updated from time to time. Park Board Chairman, George Lindy has prepared a list of both short term and long term goals. A copy of the list was given to the City Council in their packets. The projects were developed through goal setting sessions which were held in 1993. The priorities were derived from the process and priority ranking system as laid out in the Comprehensive Park Plan and Development Guide. Since the pace of development and growth in this City has been fairly rapid, the review and re-evaluation of the original priority ranking system has been undertaken for the last two (2) years. The City Council reviewed some of the items on the Park Board Recommendation/Priority Projects to Expend Dedicated Dollars for 1994 listing. The total amount to be expended from the Dedicated Park Fund is $86,800.00. Council Member Elliott moved to approve the Park Boards request to expend $86,800.00 for the 1994 prioritized projects. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 94 - 22 RECOGNIZING THE AUTHORITY OF THE GOVERNING BOARD OF DISTRICT MEMORIAL HOSPITAL TO DETERMINE THE DETAILS OF A LEASE, SALE OR OTHER AGREEMENT WHICH IS PREPARED TO CONVEY ALL OR A PORTION OF DISTRICT MEMORIAL HOSPITAL'S ASSETS, RANDY SCHUMACHER Mr. Lannon was present at the March 23rd City Council work session and explained why the Hospital Board feels it is important that the City of Lino Lakes as well as the other municipalities within the Hospital District pass this resolution. Mr. Schumacher noted that the key wording in the resolution is on page 2, final paragraph which gives the Hospital Board sole PAGE 12 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 authority to make decisions in the best interest of the Hospital District. Council Member Kuether asked if Columbus Township was the only other governing agency to sign a similar resolution. Mr. Schumacher explained that the resolution passed by Columbus Township contained different language. He noted that since there had been litigation on the matter, he assumed that the other governing agencies would support the resolution drafted by Columbus Township. Council Member Kuether expressed concern regarding Lino Lakes being the first governing agency to approve this resolution. Mayor Reinert felt that if all the governing agencies do not agree to allow the Hospital Board to do as it is mandated, nothing will be accomplished. He said that adoption of the resolution would be indicating faith that the Hospital Board will do as it is mandated. Council Member Bergeson asked how Hospital Board Members were selected. Mr. Schumacher explained that they were elected in the same manner as the City Council. Council Member Bergeson said that the City Council should allow them to operate as they thought best for the Hospital District. He noted that this City Council would be upset if another governing agency tried to dictate to them how the City should be operated. Council Member Elliott said that she would like to be the first to support the Hospital Board and moved to adopt Resolution No. 94 - 22. Council Member Neal seconded the motion. Motion carried with Council Member Kuether voting no. Resolution No. 94 - 22 can be found at the end of these minutes CONSIDERATION OF THE SECOND READING OF ORDINANCE NO. 04 - 94 AMENDING GAMBLING ORDINANCE NO. 17 - 88 BY DEFINING MEMBER, MARILYN ANDERSON Ordinance No. 04 - 94 was introduced at the. March 14, 1994 City Council meeting. It was noted that the definition proposed in this ordinance is the exact language used in State Statutes, Chapter 349, Gambling. The purpose of defining the term "member" is to be sure that non-profit gambling organizations have 15 "members" who do live in Lino Lakes. There have been no comments or corrects suggested for this ordinance. Council Member Bergeson noted that a related item concerns the PAGE 13 1 3L. �J 136 COUNCIL MEETING MARCH 28, 1994 amount of rent a business can charge a non-profit organization to conduct gambling in their establishments. Recently, the State raised the limit from $600.00 per month to $1,000.00 per month. Mrs. Anderson will be drafting an ordinance to update the current Gambling Ordinance. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 04 - 94. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 04 - 94 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 94 - 21 ACCEPTING A DONATION FROM THE LADIES AUXILIARY OF THE CIRCLE -LEX VFW POST #6583, MARILYN ANDERSON Mrs. Anderson explained that the City has received a donation in the amount of $636.00 from the Ladies Auxiliary for the 1993 DARE Program. Recently the City received a donation from the Circle - Lex VFW Post #6583 in the amount of $1,200.00 for the same program. These two (2) donations have completely funded the 1993 DARE program. The Ladies Auxiliary has also donate $1,200.00 to the Police Department for the purchase of two (2) ballistics vests. Recently, the Circle -Lex VFW Post #6583 donated $540.00 for a third vest and most recently another $600.00 for a fourth vest. Police Chief Pecchia indicates that a total of six (6) to eight (8) vests will be needed in 1994. Since the VFW has suggested that they may be donating money for additional vests, the recent VFW donation will be recognized when the balance of the donation is received. Council Member Kuether moved to adopt Resolution No. 94 - 21 and thanked the Ladies Auxiliary for their donation of $1,836.00. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 21 can be found at the end of these minutes. OLD BUSINESS Update of Commission on Reform and Efficiency (CORE) Finance Report - Mr. Schumacher explained that the 1991 legislature had mandated this report. It was recently completed using data that was outdated. In addition, the data was modified so that various municipalities could be compared. The Chamber of Commerce presented the report to a very small crowd. The Lino Lakes PAGE 14 1 1 1 1 COUNCIL MEETING MARCH 28, 1994 Finance Director as well as representatives from several other municipalities attended the meeting and voiced their objection to the report because the information was not accurate and was misleading. Council Member Bergeson attended the Chamber of Commerce meeting and noted that the original intent of the report was good but the results were very inaccurate. Mayor Reinert said he felt it showed a lack of understanding by the State of what local government is all about. It also showed a lack of understanding by the Chamber of Commerce people. Mayor Reinert felt this entire matter was unfortunate and mislead the public. Mr. Schumacher explained that staff has corrected the information and it may be brought back to the City Council so that the information can be made public. Lino Lakes should be compared to other growing cities. Consideration of Ordinance No. 03 - 94 Rezoning Willow Ponds - Mr. Schumacher explained that late this afternoon he received a letter from Cottage Homesteads stating that they are finalizing their financing with First State Bank. He has talked to First State Bank and they are very positive about the senior housing project and will be presenting the financing proposal to their finance committee next Tuesday. Cottage Homesteads is looking for City support and he asked the City Council to set a Special Council meeting to discuss the matter and possiblly take some action. Council Member Bergeson explained that he will be out of town on Wednesday and cannot meet with the Hugo City Council. The City Council will hold a Special City Council meeting on Wednesday, March 30, 1994 at 6:00 P.M. to discuss this matter and possiblly take action in support of the senior housing proposal. Consideration of the March 28, 1994 Disbursements - Council Member Kuether questioned the following Disbursements: - Minnesota State Bar Association - Chief Pecchia explained that this was for seminars for updates on several laws including the DWI laws. - Steve Mortenson (meals), Linda Hedland (mileage) and Jo Buffington (meals) - Chief Pecchia explained that this was for meals and mileage for training sessions. - Sal Costa (meals) - Chief Pecchia explained that was for a week PAGE 15 131 { 3 U COUNCIL MEETING MARCH 28, 1994 long training where the City has to provide the meals. US West - Chief Pecchia explained that this bill includes the car phones and the office phones and it is a bill for more than one month. Council Member Neal asked about the disbursement to IC System (collection agency). He noted that the City had previously put delinquent bills on the property taxes. Mr. Schumacher explained that the City Council authorized staff to use this system to collect all bills that cannot be placed on the property taxes. Council Member Neal asked if the City sold the unpaid bill to IC Systems. Mr. Schumacher explained that this is the fee for the collection of approximately $609.00 from nine (9) bills. NEW BUSINESS NOTICE: Meeting with the City of Hugo set for March 30, 1994, 7:00 P.M. NOTICE: Board of Review, Monday, April 18, 1994 Council Member Kuether moved to adjourn at 8:10 P.M. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered corrected and approved at a regular City Council meeting held on April 11, 1994. Marily G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 16 1 1 Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 04 - 94 AN ORDINANCE AMENDING SUBDIVISION 611 PROVIDING THE DEFINITION OF MEMBER Section No. 1 Section 611.02, Subdivision (1) is hereby amended by adding Subsection (A) as follows: (A) "Member" is defined as a member who has paid all dues to the organization, who is 18 years of age or older, who has equal voting rights with all other members, who has equal opportunity to be an elected officer, who has equal right and responsibilities of attendance at the regularly scheduled meetings of the organization, whose name and membership origination date appear with the member's knowledge and consent on a list of members of the organization, and who has been a member of the organization for at least six months. Section No. 2 This ordinance shall take effect upon its passage and publication according to the City Charter. Passed this 28th day of ATTEST: March , 1994. Vernon F. Reinert, Mayor 44 Marilyn'.✓Anderson Clerk -Treasurer Y Motion for the adoption of the foregoing ordinance was seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. 13/ 140 Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 94 — 21 RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY, VFW POST #6583 FOR THE DARE (DRUG ABUSE RESISTANCE EDUCATION) PROGRAM AND FOR TWO (2) BALLISTICS VESTS WHEREAS, the Lino Lakes Police Department continued participation in the DARE Program during 1993 with the cooperation of the Anoka County Sheriff's Department, and WHEREAS, participation in the DARE Program is considered a vital element in the Lino Lakes Police Departments community policing program, and WHEREAS, the 1993 DARE Program was funded through the City of Lino Lakes General Fund, and WHEREAS, the Ladies Auxiliary, VFW Post #6583 has donated $636.00 to reimburse the General Fund for the cost of the DARE Program, and WHEREAS, the Ladies Auxiliary, VFW Post #6583 has donated 1,200.00 for the purchase of two (2) ballistics vests, NOW THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $636.00 for the 1993 DARE Program and $1,200.00 for two (2) ballistics vests and wishes to express its gratitude to the Ladies Auxiliary, VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 28th day of March, 1994. Vernon F. Reinert, Mayor Marilyn C. An erson, 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, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 22 RESOLUTION RECOGNIZING THE AUTHORITY OF THE GOVERNING BOARD OF DISTRICT MEMORIAL HOSPITAL TO DETERMINE THE DETAILS OF A LEASE, SALE OR OTHER AGREEMENT WHICH IS PREPARED TO CONVEY ALL OR A PORTION OF DISTRICT MEMORIAL HOSPITAL'S ASSETS WHEREAS, the City of Lino Lakes is included within the political boundaries of the Memorial Hospital District at Forest Lake, Minnesota (herein "Hospital District"); WHEREAS, the residents of the City of Lino Lakes are served by the District Memorial Hospital (herein "Hospital") which is owned and operated by the Hospital District; WHEREAS, the Governing Body of the Hospital District (herein, "Hospital Board") has provided the Lino Lakes City Council with correspondence dated the 13th day of January, 1994, and supporting data detailing issues which need to be resolved by the Hospital Board in order to retain the viability of the quality health care facility for the residents of the Hospital District (here, "Current Status Report"); WHEREAS, the primary responsibility of the Governing Board of the Hospital District is to provide hospital and related health care services as granted by statutory authority and consistent with the Mission Statement of the Hospital. WHEREAS, the Current Status Report: 1. Describes developments which have occurred within the health care industry since June of 1993 and which impact the delivery of health care services within the Hospital District; 2. Describes the conclusions of the Hospital Board regarding the ability of the Hospital District to continue to operate a free-standing hospital in a manner that will adequately and cost-effectively serve the health care needs of the residents of the Hospital District in the future; 3. Describes the inability of the Hospital District to attract interest from health care providers without an expression of support from the elected officials Page 1 14 142 RESOLUTION NO. 94 - 22 of the local units of government included within the Hospital District; and 4. Contains a survey expressing the overwhelming support of the residents of the Hospital District for the continued efforts of the Hospital Board to take appropriate steps to provide for the future of health care within the Hospital District. WHEREAS, the Lino Lakes City Council has reviewed and discussed the content of the Current Status Report; NOW, THEREFORE, BE IT RESOLVED: 1. That the Lino Lakes City Council endorses the efforts of the Hospital board in negotiating an agreement with a health care provider which may involve the sale, lease of or other disposition of all or a portion of the Hospital District's assets provided that such sale, lease, or other disposition is based upon receipt of just compensation. The term "just compensation" as used herein encompasses the following elements: a. Reasonable financial remuneration for assets which are sold, leased or otherwise disposed. b. The provision of continuous medical service for residents of the Hospital District. c. The construction of capital improvements to Hospital facilities. d. The assumption of existing Hospital debt. e. The attraction of medical specialists and general practitioners to serve the needs of the residents of the Hospital District. f. Other facts as determined appropriate by the Hospital Board; 2. That the Lino Lakes City Council recognizes the authority of the Hospital Board to, in its sole discretion, determine the weight which should be given to the various elements of just compensation and recognizes that the Hospital Board will make such decisions based upon its determination of the best interests of the Hospital District; and Page 2 1 143 RESOLUTION NO. 94 - 22 3. That the Lino Lakes City Council recognizes the authority of the Hospital Board to, in its sole description and consistent with the Mission Statement of the Hospital, determine the details of the lease, sale or other agreement which is prepared to convey all or a portion of the Hospital District's assets. Adopted by the Lino Lakes City Council this 28th day of March, 1994. Vernon F. Reinert, Mayor arilyn !c . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: Kuether Whereupon said resolution was declared duly passed and adopted. Page 3