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HomeMy WebLinkAbout07/25/1994 Council Minutes (2)1 1 1 CITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 25, 1994 .:: DATE Jury 251994. TIME STARTED ` 6:47 P.M. TIME ENDED 9:18 P.M. MEMBERS PRESENT: Reinert, Neal, Kuether, Elliott, Bergeson MEMBERS ABSENT :> None Staff members present: City Engineer, Darrell Schneider; Consulting Engineer, John Powell; Assistant to the City Administrator, Dan Tesch; City Finance Director, Mary Vaske; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; acting City Attorney, Barry Sullivan; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher requested that regular agenda item No. 10C be placed after agenda item No. 2. He also asked that regular agenda item No. 7 be placed after item No. 10C. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal referred to the Disbursement Listing and asked what it cost the City to prepare checks in small amounts such as 28 cents, 57 cents, etc. Mr. Schumacher explained that the City did not write checks in such small amounts. He explained that some statements from vendors are paid from various department budgets. This is reflected in the Disbursement Listing. Council Member Neal suggested that such small amounts be paid from petty cash and not waste the time to separate small amounts of disbursements. He suggested that the Accounts Payable Clerk wastes more time in collecting the invoices than what is actually paid. Ms. Vaske explained that this procedure is followed to assure that each department budget reflects actual PAGE 1 2.96 CITY COUNCIL MEETING JULY 25, 1994 expenditures. She also noted that attempts are being made to streamline the process. Voting on the motion, motion carried unanimously. ITEM DISPOSITION MINUTES: Joint City Council and Planning and Zoning Board Meeting, June 6, 1994 Approved Council Work Session, June 8, 1994 Approved Council Work Session, July 6, 1994 Approved DISBURSEMENTS: July 25, 1994 Centennial Fire Department REGULAR AGENDA OPEN MIRE No one appeared under Open Mike. Approved Approved CONSIDERATION OF THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATION COMMISSION 1995 BUDGET, DAN TESCH The North Central Suburban Cable Communication consists of representatives from eight (8) member cities who are charged with the responsibility of developing an annual operating budget. The budget is then presented to the member cities for formal approval. The Commission has prepared a proposed 1995 operating budget that reflects an overall decrease of 1% under the 1994 budget. The budget also reflects a 24% increase in the annual franchise fee that is paid to each member city. Increased revenues as well as the elimination of the debt owed to the company by the Commission accounted for the large increase in revenues. There are 1933 cable TV subscribers in Lino Lakes. This represents almost 48% of the households. Council Member Bergeson asked if the City has a way to influence the Cable Commission's policy on where cable will be installed. Mr. Tesch explained that anyone can request a connection and this request must be considered. PAGE 2 1 1 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 Council Member Kuether moved to approve the 1995 operating budget as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF THE 1993 ANNUAL AUDIT, RANDY SCHUMACHER AND MARY VASKE Mr. Schumacher noted that the annual audit was presented to the City Council at a June meeting. The purpose of the presentation this evening is to highlight some of the important trends that were described in the audit. Ms. Vaske noted that the General Fund Balance increased during 1993 by more than $300,000.00 to a total of $1,756,659.00 on December 31, 1993. The Fund balance is still short of the adopted reserve policy. The shortfalls relates to contingent employee benefits. Property taxes are received in July and December of each year. The reserve fund is used to fund City operations during the periods between property tax collections. The current special assessment collection rate increased from 81% to 92% during 1993. The rate of collection is very good when compared to other developing cities. The Area and Unit Fund increased during 1993 by $700,000.00. The collections are being received as budgeted. This Fund will pay the 1991 Temporary Improvement Bonds which are due August 1, 1994. There will only be one General Obligation Bond outstanding and due on February 1, 1995. Since bonded debt has decreased, the City's legal debt margin has increased. Mr. Schumacher noted that the City is requesting that Juran and Moody re-evaluate the bond rating for Lino Lakes. Investment interest increased by $236,000.00 during 1993. This was caused by buying and selling zero coupon bonds at the right time and place. Tax Increment Financing Funds are nearing $1,000,000.00. A portion of these funds will be used for the Lake Drive/Highway 49 Improvement. The market value of the City increased $47,000,000.00 from 1992 to 1993. Mayor Reinert noted that this report indicates that the financial condition of the City is very good and that the City is well managed. He suggested that this also indicated that the "in- fill" policy adopted by the City Council is paying off. Council Member Bergeson noted that the assessment collection rate would be better if certain developments had progressed as PAGE 3 29/ 2/ CITY COUNCIL MEETING JULY 25, 1994 planned. He suggested that these properties not be assessed until development has started. Council Member Kuether noted that the City Council is on record as making concessions on some of the delinquent properties. Mr. Schneider said that these were future concessions and all present assessment will be collected. Mayor Reinert noted that this matter has been brought to the Council for informational purposes and no action is required. He thanked Ms. Vaske for her report. ORAL REPORT OF BALD EAGLE LAKE ASSOCIATION MEETING, COUNCIL MEMBER KUETHER Council Member Kuether told the City Council that she recently attended a meeting regarding the debris and problems created by ice fishing on Otter Lake. The purpose of the meeting was to prepare an ordinance allowing only temporary fishing houses on Otter Lake. The meeting was held with officials from the City of Hugo, the City of White Bear, White Bear Township, representatives from the Department of Natural Resources (DNR), the Ramsey County Sheriff's department and residents around the lake. Some residents and municipalities are recommending that only portable ice fishing houses be allowed on the lake. They feel this will eliminate much of the debris that ends up in the lake and eventually on the lake shore. Other suggestions for solving the problems were offered at the meeting. Most of the suggestions had been tried and did not eliminate the concern. Council Member Kuether noted that some people attending the meeting were unhappy about the prospect of closing the lake to permanent types of fishing houses. She noted that currently there are 10 other lakes within the metropolitan area that allow only temporary fishing house. Council Member Kuether asked for direction from the City Council as to what the City would support as a good solution to the ice fishing situation of Otter Lake. Council Member Kuether noted that all members of the Otter Lake Association favor an ordinance restricting ice fishing houses on the lake. She also noted that the DNR issued only 10 citations during the entire 1993/1994 ice fishing season. The fine for these citations is $50.00. She suggested to the DNR that fines be increased substantially to get the violator's attention. It was noted that there were complaints because the Lino Lakes Police Department did not patrol the lake. Mayor Reinert said he felt the problem is the responsibility of the DNR. He also noted that a public hearing is planned and that PAGE 4 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 is where citizens will have the most input into the proposed ban on permanent fish houses. Council Member Kuether noted another proposal which is to ban permanent fish houses for one (1) year. An evaluation of the ban would be completed before any other action would be taken. Council Member Bergeson noted that a huge percentage of the shoreland is in White Bear and felt that City should be taking the lead with this project. Council Member Kuether said the next meeting is scheduled for August 23, 1994. She will contact Forest Lake to see how they handle ice fishing complaints. Mayor Reinert suggested that more information regarding having the State Legislature increase the fines be available for this meeting. This matter will be placed on the August 3, 1994 Council work session agenda. CONSIDERATION OF SECOND READING, ORDINANCE NO. 11 - 94, SALE OF CITY OWNED PROPERTY TO UDOR, U.S.A., BRIAN WESSEL Mr. Wessel explained that UDOR, U.S.A. is purchasing a parcel of land in the City owned portion of the Apollo Business Park for a distribution facility. According to the City Charter, an ordinance is required to authorize the sale of real property owned by the City. The FIRST READING of the ordinance was held on July 11, 1994. Since that time no negative comments have been received and no proposed changes have been suggested. Council Member Elliott moved to approve the SECOND READING of Ordinance No. 11 - 94 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 11 - 94 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Variance Request, Neil Banta, 7829 Nottingham Lane - Mr. Banta is requesting a variance to allow an addition to his existing two (2) car garage. His property is zoned Rural and is approximately 1.09 acres in size. Ms. Wyland explained that the present Zoning Code would not allow construction of an addition to the garage without a variance approval. Mr. Banta has submitted letters from his neighbors indicating that they have no problem with the proposed garage size variance. PAGE 5 299 3('V CITY COUNCIL MEETING JULY 25, 1994 The Planning and Zoning Board considered Mr. Banta's proposal at two (2) separate meetings and voted to deny the variance based upon six findings of fact: 1. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is not due to circumstances unique to his property. 3. The hardship is due to economic considerations only. 4. The granting of the variance would confer on the applicant a special privilege that would have to be extended to all property owners who would request the same variance. 5. The denial of the variance will not unreasonably diminish or impair established property values in the neighborhood. 6. The denial of the variance is in keeping with the spirit and intent of the Zoning Code. In addition the Planning and Zoning Board recommended that the limitations on garage/storage area for 1 - 2 1/2 acre lots are too restrictive and should be increased in size. Ms. Wyland noted that she discouraged the applicant from proceeding with the variance request knowing that the Planning and Zoning Board would take the position that the Zoning Codes should be either followed or revised. She also noted that the Zoning Codes have recently been revised and that possibly not enough thought was put into the Zoning Ordinance regarding lots of this size. Council Member Elliott said she would like this area of the Zoning Ordinance reviewed because she would rather see a three (3) car garage rather than a lot of junk in yards. Council Member Bergeson cautioned that although the Zoning Code may be reviewed and revised, it may not be enough to allow for Mr. Banta's request. Council Member Elliott moved to deny the variance and note the six (6) findings of fact outlined above. Council Member Kuether seconded the motion. Motion carried with Council Member Neal voting no. Council Member Elliott asked that the Zoning Ordinance be reviewed by the Planning and Zoning Board as was discussed above. PAGE 6 1 1 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 Council Member Kuether said that she would rather see the accessory building requirements tied to a percentage of square feet on the parcel rather than tied to a particular zoning. Consideration of a Preliminary Plat, Pine Ridge III - Developer, Rick Carlson is requesting preliminary plat approval for Pine Ridge III. The Planning and Zoning Board reviewed this request and have recommended approval with 13 conditions outlined in the "green sheet" dated July 22, 1994. The subdivision consists of 19 single family lots on a 10 acre site which lies east of Ware Road and south of Pine Ridge 1st Addition. The property is zoned R -1X and the proposed density conforms to the Zoning Ordinance standards. The setback requirements, lot width, lot area, lot depth and length of blocks all meet or exceed the Zoning Ordinance requirements. The lot configuration is considered positive and responds to the site's design parameters. Lots 1 and 2, Block 1 will be required to obtain access from Ware Road. This does cause concern regarding driveways accessing the City's Municipal State Aid Road, Ware Road. Concern was also expressed regarding the need to extend sewer and water utility lines to these lots along side lot lines of other lots. Easements would be required to provide access for maintenance purposes. The street configuration is influenced by the wetlands on the site. Right- of-way should be dedicated for the future improvement of Ware Road. Some mitigation of the wetland/drainageway will be necessary to accommodate the proposed extension of Coyote Trail. The wetland mitigation plan and the grading plan must be submitted to the Army Corps of Engineers and the Rice Creek Watershed District for their review. A utility plan must be provided and reviewed and approved by the City Engineer. Easements must be provided for the utilities where necessary and a 12 foot wide trail has been proposed along the plat's northern border. The trail and park dedication is subject to Park Board approval. Council Member Bergeson noted concern because there are 13 items to be completed and sometimes this is difficult for staff to keep track of everything. Ms. Wyland explained that it is normal for many items to be incomplete at the time the preliminary plat approval is requested. All items will be resolved prior to the final plat approval. Council Member Kuether moved to approve the preliminary plat subject to the 13 items listed on the July 22, 1994 "green sheet". Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 7 CITY COUNCIL MEETING JULY 25, 1994 Consideration of FIRST READING, Ordinance no. 12 - 94 Amending the Zoning Ordinance, Appendix B1, Reducing Various Lot and yard Requirements for Light Industrial Districts and General Industrial Districts Within the City - A Zoning Ordinance amendment is being proposed which would reduce the minimum lost width requirements of Light Industrial and General Industrial Districts and reduce the minimum lot size requirement within a General Industrial District. In addition, the amendment creates an exception to the Ordinance standard regarding side yard setback requirements for driveways. The preparation of this amendment was prompted by a desire to provide the City with more flexibility with regards to encouraging economic development. By altering the lot width in both districts and reducing the minimum lot size in the General Industrial District, the City will achieve greater marketability for land because of the ability of the land to accommodate different types and sizes of businesses. The Planning and Zoning Board held a public hearing on this matter and recommended adoption of the Zoning Ordinance Amendment. Council Member Kuether asked if this would allow the City to sell the land for more money. Mr. Wessel explained that there is the potential for more profit because the land will be used more efficiently. Mr. Wessel used the overhead projector and showed how the City owned portion of the Apollo Business Park could better be utilized by reducing lot sizes. Reduction of lot sizes would have a marketing affect by allowing the City to concentrate efforts on smaller companies who require small lots. Although the City continues to pursue larger companies, it appears that smaller companies find the area more attractive. Changes in the driveway requirements would enable the City to require that new businesses abide by the requirements for County State Roads such as Apollo Drive. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 12 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Consider a Motion Sending the Rezone Request for Behm's Century Farms Back to the Planning and Zoning Board for Further Consideration - At a joint meeting with the City Council and the Planning and Zoning Board, Behm's Century Farms was discussed at length. The City Council asked that the rezone request be sent back to the Planning and Zoning Board for further consideration PAGE 8 1 1 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 based on the developer's agreement that the improvement would be phased in over six (6) to eight (8) years, the MUSA concern will be addressed by the City and the Metropolitan Council and to note that a portion of the proposed improvement is already zoned R-1 indicating that it has long been considered an area for future urban development. Mr. Schumacher also noted that the original plan has been amended in the area near the air park by deleting lots at the end of the runway. There are other landowners in the area who also are looking at developing their land. Council Member Kuether moved to return Behm's Century Farms to the Planning and Zoning Board for further consideration. Council Member Bergeson seconded the motion. Council Member Bergeson noted part of the concern expressed by the Planning and Zoning Board is where would be MUSA come from in the event that the City Council not convince the Metropolitan Council to expand the MUSA in Lino Lakes. Mr. Schumacher explained that the discussions with Metropolitan Council should be concluded within the next 60 days and if the results are not favorable, the staff can then deal with the issue of trading MUSA. Voting on the motion, motion carried unanimously. CITY ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 34 Ordering the Improvement of Country Lakes Estates - Mr. Schneider explained that ordering an improvement ordinarily takes place at the same time that preparation of plans and specifications are ordered. For the Country Lake Estates improvement the plans and specifications were ordered at the same Council meeting that the public hearing for the improvement was held so the improvement was not ordered. The public hearing waiting period has since expired and no petitions against the improvement have been filed with the City Clerk. Council Member Elliott moved to adopt Resolution No. 94 - 34 Ordering the Improvement of Country Lakes Estates. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 34 can be found at the end of these minutes. Consideration of Resolution No. 94 - 41 Approving Plans and Specifications and Ordering Bids for Hodgson Road Watermain Improvement - This improvement consists of installation of a 12" PAGE 9 303 3 CITY COUNCIL MEETING JULY 25, 1994 trunk watermain along the east side of Hodgson Road (T.H. 49) from Linda Avenue to the north side of Birch Street (CSAH 10). Installation of a trunk watermain in this area is consistent with the 1991 Comprehensive Water Study and is necessary to provide adequate water service to the new Fox Trace subdivision. This project also brings the City of Lino Lakes water system closer to the southwest area of the City currently served from the Shoreview water system through a temporary agreement with the City of Shoreview. Plans and specifications for this project were ordered at the June 13, 1994 City Council meeting. A copy of the advertisement for bids has been forwarded to the legal newspapers contingent upon the City Council's approval of this resolution. Council Member Kuether moved to adopt Resolution No. 94 - 41. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 41 can be found at the end of these minutes. Consideration of Resolution No. 94 - 43 Authorizing Eminent Domain for Country Lakes Estates and Hodgson Road Watermain Improvement - To construct both of the referenced projects, easements have to be acquired from various property owners. Easement descriptions for both projects have been prepared and forwarded to the City Attorney and right -of -entry agreements including easement descriptions will be submitted to each property owner. Eminent Domain proceedings should be initiated immediately to allow access to all properties in a reasonable amount of time should direct negotiation fail to secure access to the properties. Council Member Kuether asked if easements are needed for the Barott property. Mr. Powell said yes and he has been meeting with the property owner on this matter. Mr. Barott is concerned about saving his trees. Jacking the pipes has been discussed and studies will be completed tomorrow to determine if this is feasible. Council Member Bergeson moved to adopt Resolution No. 94 - 43. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 43 can be found at the end of these minutes. PUBLIC HEARING, CONSIDERATION OF UTILITY RATE ADJUSTMENT, DARRELL SCHNEIDER Mayor Reinert opened the public hearing at 8:18 P.M. to outline a PAGE 10 1 1 1 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 proposal to increase sewer and water rates as outlined in Resolution No. 94 - 44. Mr. Schneider explained that a utility rate study had been completed in 1991 by a consultant. Following the study, the City Council enacted a resolution establishing utility rates for the remainder of 1991, 1992 and 1993. The City staff has completed a study of utility rates using the latest 1993 audit information. A summary of the study was included in the Council packets. The summary shows the necessity of maintaining an approximate 5% average increase in rates for the sewer and water utility billings for 1994, 1995 and 1996. Mr. Schneider used the overhead projector and outlined the status of the utility system and proposed rate increases for three (3) years. He noted that the recent study indicated that the rates should be monitored each year so that the City Council could react quickly to changes. Mr. Schneider explained how the study was conducted and showed several exhibits on the overhead projector. The first exhibit showed the revenue and expenses for the Sewer Utility Fund. He noted that there is no provision for a reserve to handle an emergency and also noted that the receivables are growing. The Water Utility Fund is operating with more of a reserve. Mr. Schneider also explained that the Metropolitan Waste Control Commission (MWCC) is paid two thirds of all revenues collected by the City for the Sewer Utility Fund. Mr. Schneider also noted that the MWCC is being absorbed into the Metropolitan Council. There should be a redefinition of their role, however, it is anticipated that there will be no reduction in the rates charged by the MWCC. Mr. Schneider displayed an exhibit that compared the sewer and water rates charged by the City of Lino Lakes to rates charged by several similar cities. He noted that cities that have substantially lower rates, subsidize their rates from the General Operating Fund. The Lino Lakes City Charter requires that the Utility Fund operate without the help of the General Operating Fund. The Water Utility Fund shows a small reserve balance. If the proposed rates are adopted, the reserve should grow to approximately $350,000.00 at the end of three (3) years. Mr. Schneider noted the water user rate charge to each consumer. The money generated by this fee is used to fund repairs and make bond payments for water trunk lines, wells and tower facilities. The City Charter does not allow area wide assessment for these facilities. PAGE 11 305 3(r CITY COUNCIL MEETING JULY 25, 1994 Mr. Schneider presented an exhibit that showed the expenses in the Water Utility Fund. He noted that staff is striving to improve accounting methods to show the actual activity for each utility. Mr. Schneider noted that if Lino Lakes did not charge a water user fee, the rates for water service would be comparable to most cities used in the study. Council Member Kuether asked if there will be a time when the water user fee is not needed. Mr. Schneider said yes, when all bonds are paid and the City is fully developed with water and sewer services. Mr. George Ulfig, 1002 Lantern Lane asked why the City Council was looking at a flat rate increase. He noted that he cannot afford to water his lawn at the current water rates. Mr. Schneider explained that the City must make plans for a fund that will be needed for repairs to the water system. Mr. Ulfig said that he lives near the Black Duck lift station and noted that the City must spend a "ton" on repairs of that facility. He suggested that the City fix the lift station before making plans to add another well to the system. Mayor Reinert explained that the MWCC does pay one-half of the cost for the operation of this particular lift station. The City is in the process of negotiating with MWCC to get all repairs completed prior to the end of the MWCC contract in 1996. Mr. Schneider also explained that once the MWCC lift station is operational south of Pine Ridge the MWCC will no longer contribute to the repair of the Black Duck lift station. Mayor Reinert told Mr. Ulfig that he is the only person on the City Council affected by the proposed rate increase and he did not like to see higher costs. He noted that the restrictions in the City Charter contribute to the need for higher rates. Al DeMotts, 6265 Holly Drive said he was thankful that he had his owner septic system and well. He said he felt that the City made a big mistake many years ago when it decided that sanitary sewer and municipal water would come into the community. Randy Klante, 6658 Black Duck Drive said he felt the rates were already very high and noted that his bill is about $100.00 per quarter. He felt that by adding another 4% or 5% would make Lino Lakes rates higher than any other city. Mr. Schneider noted that other cities are also increasing their rates. Mr. Klante said he felt something has to be done to the Black Duck lift station. Mr. Schneider said something would be done within the next 60 days. Mr. Klante said that a lot of over time wages would be saved if this facility was operating correctly. PAGE 12 1 1 1 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 Mayor Reinert noted that vandalism to the lift station cost the City extra time and extra money. Ron Bennett, 6966 Sunset Road said he was unhappy four (4) years ago when he was charge Lino Lakes rates for use of the Blaine utility system. He noted that by 1996, his bill will increase by another 15% and said that this was unacceptable. Mr. Bennett said he had conducted his own survey of surrounding cities and found that Lino Lakes was the most expensive. He also noted that Lino Lakes is making money by charging him Lino Lakes rates and paying Blaine the much lower rates. Mayor Reinert explained that all residents are being charged the same rate. Mr. Schumacher explained that the City could not charge some residents one rate for snow plowing and other residents a different rate. Everyone is charged the same rate. Council Member Kuether noted that the City Council is bound by the City Charter requirements. Mr. Bennett asked if the City Charter said that the City could not make a profit from the utility system. Mr. Schneider said that the City is not making a profit, only providing a reserve for future repairs and additional facilities. He explained that the City cannot use general tax dollars to subsidize the utility fund. Mayor Reinert explained that if the City Council increased taxes to accommodate breakdowns in the utility system, the Council chambers would be full of residents protesting a tax on something that does not benefit them. He also said that the City Council must look at the utility system as a business and businesses need reserves. Mr. Bennett said he felt that a rate increase should be something that the citizens could vote on. Mayor Reinert said that is not easy for the City Council to vote for the rate increase. Mr. Klante asked what the bond payments were for. Mr. Schneider explained that bonds pay for the construction of the water tower, new wells and other such structures. He noted that the City will be able to add a new well without further increasing rates, however a reserve is needed and this will not come without increasing rates. Mr. Klante asked if the City has made projections for 10 years in the future. Mr. Schneider said yes and also 20 years in the future. However, he noted that these estimates are very "fuzzy". Mr. Klante said he felt a two and one-half percent increase in rates would be sufficient. Mayor Reinert read a letter from Mr. Kelly Sharkey, 174 White Pine Road protesting the increase in sewer and water rates. Mr. Sharkey said he felt rates should be decreased sharply. PAGE 13 3(-►' 3 CITY COUNCIL MEETING JULY 25, 1994 Council Member Elliott moved to close the public hearing at 9:07 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 94 - 44 increasing the sewer and water utility rates as outlined. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson asked that this matter be placed on the agenda in July, 1995 to review the status of the utility fund. Resolution No. 94 - 44 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 94 - 42 AUTHORIZING FILING OF AN APPLICATION FOR A HIGHWAY SAFETY GRANT WITH THE MINNESOTA DEPARTMENT OF SAFETY Mr. Schumacher explained that Police Chief Pecchia was out of town and asked that he address this item. The Lino Lakes Police Department participated in the "Operation Buckle Down" challenge. The Minnesota Chief's of Police Association, the Minnesota State Sheriff's Association and the Minnesota Department of Safety challenged Minnesota's law enforcement community to participate in a special effort to increase safety belt and child seat use, decrease impaired driving, and increase motorcycle rider safety. The Police Department was challenged to support and promote traffic safety issues, and ultimately, to reduce injuries, loss of lives and the costs associated with motor vehicle crashes. Mayor Reinert asked if the officers were going to stop cars to determine if drivers were wearing seat belts. He suggested that this may be harassment. Mr. Sullivan explained that the law does not permit officers to stop cars if drivers are not wearing seat belts. Officers can only stop cars for other legitimate reasons and if the drivers are not wearing seat belts, they can be cited. After further discussion Council Member Kuether moved to approve Resolution No. 94 - 42 and dispense with the reading. Council member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 42 can be found at the end of these minutes. OLD BUSINESS There was no Old Business. PAGE 14 1 1 1 CITY COUNCIL MEETING JULY 25, 1994 NEW BUSINESS Consideration of Minutes, July 11, 1994 - Council Member Elliott moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Approving Election Judges for 1994 State Primary and General Election - Mrs. Anderson noted that the state primary election is September 13, 1994 and the state general election is November 8, 1994. The state requires that the City Council approve a list of potential election judges for the City. Election judge training sessions have been scheduled and notices have been prepared and will be mailed later this week. The list of election judges includes 33 adults and two (2) student trainees. Several names on the list are new and this is encouraging since it appears that new residents in Lino Lakes feel that this is an opportunity to become involved in their community. Mrs. Anderson recommended that the entire list be approved. Council Member Elliott moved to approve the list of election judges as submitted. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Kuether moved to adjourn at 9:18 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at the regular meeting of the City Council on August 8, •_94. Marilyn . Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 15 309 310 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 11 — 94 AN ORDINANCE AUTHORIZING THE SALE BY THE CITY OF LINO LAKES A CERTAIN LOT AS DESCRIBED BELOW TO UDOR U.S.A., INC. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: The real property legally described below is owned by the City of Lino Lakes (the "City"). The City Council of the City has determined that the property is no longer needed by the City for any public purpose. LEGAL DESCRIPTION: Commencing at a point on the west line, NW 1/4, NW 1/4, Section 17, T31, R22W, which is the northeast corner of Lot 6, Block 2, Lino Industrial Park, thence North 0 degrees, 02 minutes 36 seconds West along said west line, NE 1/4, NW 1/4, Section 17, T31, R22W, a distance of 13.6 feet more or less to the southeasterly right-of- way of Apollo Drive, which is the actual point of beginning of the parcel to be described, thence South 52 degrees, 02 minutes 08 seconds West a distance of 250.0 feet, along the southeasterly right-of-way of Apollo Drive, thence South 52 degrees 02 minutes 08 seconds East a distance of 330.0 feet, more or less, to the northwesterly right-of-way of Interstate Highway 35W, thence northeasterly along the said northwesterly right-of-way of Interstate Highway 35W a distance of 38.0 feet, more or less, to a point on the west line, NE 1/4, NW 1/4, Sec. 17, T31, R22W, thence North 0 degrees, 02 minutes 36 seconds West along said west line, NE 1/4, NW 1/4, Sec. 17, T31, R22W, a distance of 389.0 feet, more or less to the actual point of beginning and there terminating. II. The City Council of the City authorizes sale of the property to UDOR U.S.A., Inc. for $39,000.00. The Mayor and City Clerk - Treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the property. Proceeds from the sale of the property shall be used in accordance with the requirements of the City Charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with 1 1 1 1 ORDINANCE NO. 11 - 94 Page -2- section 3.09 of the City Charter. Adopted by the Lino Lakes City Council this 25th da of July, 1994. ATTEST: Marily, P4_1 • Vernon F. Reinert, Mayor G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly 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. First reading approved on July 11, 1994. Second reading approved on July 25, 1994. Published in the official newspaper on July 28, 1994. 311 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94-34 RESOLUTION ORDERING IMPROVEMENT OF COUNTRY LAKES ESTATES WHEREAS, a resolution of the City Council adopted the 28th day of June, 1993, fixed a date for a Council hearing on the proposed improvement of Country Lakes Estates, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 9th day of August, 1993, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the 60 day waiting period from the date of the public hearing expired October 9, 1993 and no petitions against the improvement have been filed with the City Clerk -Treasurer, WHEREAS, a petition signed by 100% of the property owners proposed to be assessed for these improvements has been received petitioning for the improvements and waiving their rights to a public hearing on the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 28th day of June, 1993. Adopted by the Lino Lakes City Council this 25th day of July, 1994 L (4, Marilyn G. nderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for 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, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Kuether introduced the 3 1 3 following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94-41 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE HODGSON ROAD TRUNK WATERMAIN IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on June 13, 1994, the City Engineer has prepared plans and specifications for the Hodgson Road Trunk Watemiain Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, August 22, 1994 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, August 22, 1994 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 25th day of July, 199 h?LL )� Marilyn G. Pnderson, Clerk -Treasurer Vemon F. Reinert, Mayor 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 Where upon said resolution was declared duly passed and adopted. 314 Council Member Kuether moved its adoption: introduced the following resolution and STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES Resolution No. 94 — 42 WHEREAS, the City of Lino Lakes Police Department desires to improve/expand its traffic safety efforts; and WHEREAS, under the provisions of the Highway Safety Act of 1966 (P.L. 89-563), and all amendments thereto, the Minnesota Department of Public Safety has federal funding available to assist and support local traffic safety programs; and WHEREAS, under the provisions of Section 4.075 of Minnesota Statutes political subdivisions may enter into contracts and receive federal funds for traffic safety purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. That the Chief of Police be authorized to submit an application for a highway safety grant and execute an agreement and any amendments thereto with the Minnesota Department of Safety in which the Minnesota Department of Safety agrees to reimburse the City of Lino Lakes Police Department in the amount of Six Hundred Fifty Dollars ($650.00), for monies to be spent for overtime enforcement hours; and for monies spent in connection with the "Operation Buckle Down" project. Passes by the City Council of the City of Lino, -Lakes, Minnesota this 25th day of July, 1994. /77 ATTEST: • /41/1_64,4014L--) Marilyn . An erson, Clerk -Treasurer Vernon F. Reinert, Mayor 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 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94-43 RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN. WHEREAS, the City Council has heretofore determined that it is in the public interest for the City of Lino Lakes to construct projects known as Country Lakes Estates Improvements, and Hodgson Road Trunk Watermain Improvements for the benefit of the residents of the City of Lino Lakes by construction of sanitary sewer and watemiain; and WHEREAS, the City Council has been advised that it is necessary to obtain permanent and/or temporary easements for utility purposes over certain properties owned within the City in order to construct such improvement projects, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Council hereby determines that acquisition of utility easements are necessary for the construction of the improvement projects as described above. 2. The City Attorney and City Engineer are authorized and directed on behalf of the City to acquire all easements needed for the construction of the Country. Lakes Estates Improvements and the Hodgson Road Trunk Watermain Improvements by the. exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further authorized to carry out the purposes of this resolution. Adopted by the City Council this 25th day of July, 1994. Marilyn G.(�nderson Clerk -Treasurer Vemon F. Reinert, Mayor The motion for 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, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 3b • 316 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 44 RESOLUTION DETERMINING THE WATER USER RATES AND SEWER USER CHARGES WHEREAS: The Lino Lakes City Code, Section 400, Subdivision 401.26 and Section 402, Subdivision 401.12 previously established water user rates and sewer user rates, and WHEREAS: The Lino Lakes City Code, Section 400, Subdivision 401.26 and Section 402, Subdivision 402.14 now requires the City Council to determine by resolution the water user rates and sewer user rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Effective July 1, 1994, the following rates will be effective: Water Rate $1.47 per 1,000 Gallons Water User Fee $24.00 per REU* Sewer Rate - Residential $44.00 per Quarter Sewer Rate - Commercial & Industrial $2.10 per 1,000 Gallons $44.00 per Quarter Min. 2. Effective January 1, 199 effective: Water Rate Water Users Fee Sewer Rate - Residential Sewer Rate - Commercial & 5, the following rates will be Industrial $1.55 per 1,000 Gallons $25.00 per REU* $46.00 per Quarter $2.20 per 1,000 Gallons $46.00 per Quarter Min. 3. Effective January 1, 1996, the following rate will be effective: Water Rate $1.63 per 1,000 Gallons Water Users Fee $26.00 per REU* Sewer Rate - Residential $48.00 per Quarter Sewer Rate - Commercial & Industrial $2.30 per 1,000 Gallons $48.00 per Quarter Min. * REU = a residential equivalent connection: 1. Residential - a single housing unit 2. Commercial - Industrial REU = 28,000 gallons/quarter Adopted by the Lino Lakes City Council this 25th day of July, 1994. Vernon F. Reinert, Mayor 1 1 RESOLUTION NO. 94 - 44 Page -2- ATTEST: 7),1 yfd _ Marilyn 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, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 317