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