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HomeMy WebLinkAbout03/27/1995 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES cb)/,;- - MARCH 27, 1995 DATE TIME STARTED TIME ..ENDED ..> MEMBERS PRESENT: MEMBERS ABSENT :> • • Marah 27, 1995;: 6:30 P.14. 8::30 P.M. Reinert, None eal, Kuether, Elliott,>Bergeson Staff members present: Acting City Attorney, Barry Sullivan; Acting City Engineer, John Powell; Consulting Planner, Alan Brixius; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Marty Asleson; Sergeant Bill Hammes; Community Development Director, Brian Wessel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. PRESENTATION OF PLAQUE TO THE CIRCLE -LEX VFW, POST #6583 AND THE CIRCLE -LEX VFW POST #6583 LADIES AUXILIARY FOR THEIR CONTRIBUTION TO THE CITY OF LINO LAKES IN SUPPORT OF THE PARKS AND RECREATION DEPARTMENT AND THE POLICE DEPARTMENT Mayor Reinert explained that the VFW Club and the Ladies Auxiliary have contributed a tremendous amount of money to the City to support programs that benefit all Lino Lakes citizens. He read the plaque and expressed his gratitude for the more than $200,000.00 that these two (2) organizations have contributed to the City over the past years. Mr. Lyle Carpenter, Commander of the VFW Club accepted the plaque on behalf of the 325 members of the VFW Club and the Ladies Auxiliary. He introduced several members of the VFW Club and explained that they were in uniform this evening because they will be providing services at a funeral tonight. He briefly explained some of the activities performed by the VFW Club. Mr. Carpenter explained that Loyalty Day is April 29, 1995. He noted that there is evidence that young people today do not know what loyalty to our country and our flag means. He also noted that children are not aware of what so many citizens of this country have given to this world and have received little recognition for their services. PAGE 1 COUNCIL MEETING MARCH 27, 1995 Mr. Carpenter explained that there will be a regional Loyalty Day VFW parade on Lake Drive to commemorate this day. He presented a Loyalty Day pin to Mayor Reinert and noted that these pins are being sold as a fundraiser. Mr. Carpenter thanked the City Council and the Police Department for their support in organizing the Loyalty Day parade. Mrs. Carpenter also thanked the City Council on behalf of the VFW Ladies Auxiliary. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM Consideration of Minutes: Council Work Session, February 8, 1995 Joint Council Meeting with the City of Hugo, February 1, 1995 REGULAR OPEN MIKE DISPOSITION Approved Approved 20/20 Vision Update, Kim Sullivan - Ms. Sullivan explained that the advisory groups are meeting and have selected their leaders. They are in the process of clarifying their purpose and goals and will be working on activities that will increase the awareness and acceptance of diverse viewpoints within the groups. Overall, there is a very collaborative group of residents who are willing to work together and put together a good "product" of recommendations. The purpose and goal statements are being redrafted and will be available to the public after this week. All documents and meeting notes are available to the public as well. If anyone wishes copies of these documents, they can call Ms. Sullivan at City Hall. The parks and recreation advisory groups purpose is to develop PAGE 2 1 1 1 COUNCIL MEETING MARCH 27, 1995 actionable recommendations based on citizen driven requirements for enhancement to parks, recreation and open spaces in the City of Lino Lakes. They will be prioritizing the issues that were identified as issues that needed to be addressed. The purpose of the commercial development is to provide an objective recommendation that recognizes the concerns of the citizens of the community. The recommendation will provide an informed direction to future industrial and commercial growth in the City of Lino Lakes. This group has asked that Mr. Wessel and Ms. Wyland come to their meeting next week to help them learn how they can assist the City in making informed decisions in the future. This group developed both a motto and a logo. The environment group drafted a preliminary statement of their purpose and goals. They want to identify the environmental assets and develop recommendations to protect those assets. The education group drafted a purpose and goal statement. They want to increase communications with all government bodies that relates to schools or have an impact on the schools. They want to insure consistent handling of educational issues with all the schools. The growth group drafted a purpose statement. They want to develop recommendations to insure planned and balanced growth in relation to the rights and voices of those who live and work in Lino Lakes. Ms. Sullivan explained that the groups are very diverse with a very high level of collaboration and enthusiasm and a lot of interest in what happened in the past and what type of guidelines will be used to make recommendations and the need to know that the City will implement these "thoughtful" recommendations. This group needs to feel confident that what they are doing will be implemented. The Council and Administration can also work on issues as the 20/20 process continues; such as considering the job duties of the current City staff, staffing levels and how the budgets will be impacted by the 20/20 recommendations and the fact that the citizens want increased communication. At this time Ms. Sullivan and Mr. Tesch are working on an additional newsletter or fact sheet that would be published on a monthly basis. Mr. Tesch is also working on a method to inform the public regarding upcoming agendas. The citizens have said that they do not have enough time to know what is on the agenda so that they can prepare to come to meetings. Mr. Tesch is exploring methods of publishing the agenda and other ways it can be given to the public. PAGE 3 COUNCIL MEETING MARCH 27, 1995 Ms. Sullivan referred to petitions that will be coming in from the citizens. She noted that the petitions are separate from the 20/20 project. Ms. Sullivan felt, however, that petitions deserve consideration particularly since the petitions are (similar to 20/20) attempting to find the consensus of the residents. There are many issues that are not addressed in the petitions that will be addressed by 20/20. She said it is her hope that the research of the 20/20 Vision participants will allow a greater number of citizens to cast informed votes when the time comes to address the petitions in an election. The groups are closed to new members at this time but feedback is welcomed. A midterm forum will be held on April 29, 1995 for all groups. It is expected that the final recommendations will be brought to the Council work session on June 14, 1995 and to the regular Council meeting on June 19, 1995. Ms. Sullivan will be bringing advisory group leaders to work sessions or regular Council meetings to present updates. Al DeMotts, 6265 Holly Drive - Mr. DeMotts said he was disappointed in the way that the City Council "condemned" his group because of Clearwater Creek. He noted that there were only a few neighbors of the Clearwater Creek subdivision at the Council meeting. He also noted that there are not many neighbors of this subdivision because the area is now rural. Mr. DeMotts felt that the City Council told other Lino Lakes residents who are not neighbors to Clearwater Creek that they should not be giving input on the proposed subdivision. Mr. DeMotts said he felt that everyone who lives in the City should be able to talk about anything planned for the City. He was disappointed because he felt that the City Council was saying that residents from one neighborhood should not "backup" another neighborhood. Mr. DeMotts noted that the drainage for the Clearwater Creek area was a concern and yet the City Council approved the preliminary plat. He said that it was stated that the developer purchased the land, he has a right to development it. Mr. DeMotts disagreed with this statement and felt it is never the City's duty to rezone property so that it can be developed. Mr. DeMotts noted that it was stated that the engineer's did everything that they were suppose to do. He said that they may have, but felt that they could make mistakes. Mr. DeMotts said that it was explained that approval of this subdivision would bring in commercial development. He asked what would be wrong with commercial development hooking into the forcemain where it is planned to hook up the subdivision? PAGE 4 1 1 1 1 1 1 COUNCIL MEETING MARCH 27, 1995 CONSIDERATION OF DISBURSEMENTS March 27, 1995 - Council Member Elliott moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Kuether moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. CITY CLERK -TREASURER'S REPORT, MARILYN ANDERSON Consideration of a Petition Titled "Conflict of Interest" - Mrs. Anderson explained that this petition was delivered to her office on February 22, 1995 at 5:00 P.M. The City Charter requires that, "the City Clerk -Treasurer examine the petition as to its sufficiency and report to the Council within 10 days". The petition should have been presented to the City Council by March 6, 1995, however a current list of registered voters had to be requested from the State of Minnesota. The list was delivered on March 9, 1995. Nearly three (3) full days were needed to examine the petition and two (3) other petitions received at the same time. The City Charter, Section 5.05, Initiative, states, "Any ordinance may be proposed by a petition to the City Council. The City Council may pass the ordinance as petitioned thereby not requiring the ordinance to be submitted to the voters. If the City Council fails to enact the ordinance as petitioned within 60 days after the final determination of sufficiency of the petition, the ordinance as petitioned shall be placed on a ballot as determined in Section 5.03". Section 5.03 states, "The sponsoring committee shall file the completed petition in the office of the Clerk -Treasurer. For determining the required number of signatures, the term "base" shall be defined as the number of registered voters at the time of the last regular municipal election. At least five percent (5%) of the "base" shall be required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot as determined by Section 5.05 or 5.07. At least ten percent (10%) of the "base" shall be required to allow an initiative or referendum petition to cause, as determined by Section 5.05 or 5.07, a special election to be scheduled within 120 days of said petition's filing so that said petition can be placed before the voters". There were 5,824 registered voters for the 1993 Municipal Election. Therefore, a petition with at least 292 signatures is required to make an initiative or referendum petition sufficient PAGE 5 i� -6 COUNCIL MEETING MARCH 27, 1995 and allow such petition to be placed on the next scheduled election ballot. At least 582 signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. The petition titled, "Conflict of Interest" has 201 qualifying signatures. This is not sufficient to require that the matter be placed on a ballot. Mrs. Anderson offered an apology to the committee who sponsored the petition. She explained that although she had read the Charter many, many times, she thought a petition required five percent (5%) of the voters in the last Municipal Election when in fact they need five percent (5%) of the registered voters to make the petition sufficient. Mrs. Anderson recommended that the City Council adopt Resolution No. 95 - 38 Determining that the Petition Entitled, "Conflict of Interest" is insufficient and direct the Clerk -Treasurer to deliver a copy of the petition together with a written statement of its defects to the sponsoring committee. Council Member Neal asked if the petition is "good" or "no good". Mrs. Anderson explained that she should be directed to return the petition to the sponsors and let them know that there are not enough signatures to require an election. The committee has 30 days to get the required signatures. Council Member Bergeson asked if the City Council returned the petition to the sponsors, will this action inhibit the right of the sponsors to bring the petition back with the sufficient number of signatures. Mrs. Anderson said that action of the City Council this evening would return the petition to the sponsors and they would have 30 days to gather additional signatures. Mayor Reinert asked for clarification regarding the number of signatures required for an election. Mrs. Anderson explained that since there were 5,824 registered voters at the last Municipal Election, 292 signatures would be required to place the matter on the regular November election ballot. At least 582 signatures would be required to place the matter on a ballot at a special election. Council Member Elliott moved to adopt Resolution No. 95 - 38. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 38 can be found at the end of these minutes. PAGE 6 1 1 1 COUNCIL MEETING MARCH 27, 1995 Consideration of a Petition Titled "City Cap on Building New Homes" - Mrs. Anderson explained that this petition was delivered to her office at the same time the above petition was delivered. This petition contains 186 qualifying signatures. As outlined in the previous "green sheet", 292 signatures are required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election. At least 582 qualifying signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. Mrs. Anderson explained that this petition is not sufficient to require that the matter be placed on a ballot. She recommended that the City Council adopt Resolution No. 95 - 39 Determining that the Petition Entitled, "City Cap on Building New Homes" is insufficient and direct the City Clerk -Treasurer to deliver a copy of the petition, together with a written statement of its defects to the sponsoring committee. Council Member Neal asked Mrs. Anderson if she told the sponsoring committee that the petition was insufficient. Mrs. Anderson said no, that she had to leave town and did not have time to notify anyone. Council Member Neal asked if the sponsoring committee knew about her recommendation prior to this Council meeting. Mrs. Anderson explained that she thought that members of the sponsoring committee were at the Council work session where the matter was discussed. Council Member Bergeson moved to adopt Resolution No. 95 - 39. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 39 can be found at the end of these minutes. Consideration of a Petition Titled, "Improved Criteria on Notification" - Mrs. Anderson explained that this petition was delivered to her office with the above two (2) petitions. The petition contains 201 qualifying signatures. As outlined in the previous "green sheets", 292 signatures are required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot. At least 582 signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. The petition titled, "Improved Criteria on Notification" does not have the required number of signatures and requested that the City Council adopt Resolution No. 95 - 40 returning the petition to the sponsoring committee. Council Member Elliott moved to PAGE 7 - 7 COUNCIL MEETING MARCH 27, 1995 adopt Resolution No. 95 - 40. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 40 can be found at the end of these minutes. PUBLIC HEARING, VACATION OF EASEMENT, ROHAVIC OAKS, SECOND ADDITION, RESOLUTION NO. 95 - 41, MARY KAY WYLAND Mayor Reinert opened the public hearing at 7:05 P.M. Ms. Wyland explained that vacation of a drainage easement through Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition is necessary to clear the title for these two (2) properties. The easement was originally recorded as the southwesterly 15 feet of Lot 17, Block 2, Rohavic Oaks. This portion of that plat has been replatted into Rohavic Oaks, Second Addition. However, the original easement was not vacated when the property was replatted. A notice of this hearing has been published as required by City Code. Staff is recommending that the City Council adopt Resolution No. 95 - 41 vacating this easement and directing the Clerk -Treasurer to record the resolution with the County. There was no one in the audience to speak on this matter. Council Member Kuether moved to adopt Resolution No. 95 - 41. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 41 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Conditional Use Permit (CUP) for an Advertising Sign for Contractors Property Developers, Inc. (CPDC) - Ms. Wyland explained that CPDC has requested permission to install an advertising sign for the Pheasant Hills Preserve development on a piece of property located just north and west of the intersection of County Road J (Ash Street) and Centerville Road. The property is zoned Rural and according to the City Sign Ordinance, Section III, Subdivision 2., Sign Requirements in the Rural District: "Advertising Signs: Allowed by Conditional Use Permit.... and Subd. 14; Real Estate Development signs or construction site signs may be erected providing they do not exceed one hundred (100) square feet of area, are not more than fifteen (15) feet above grade, and not within one hundred (100) feet of an existing residential structure..". PAGE 8 1 1 1 1 COUNCIL MEETING MARCH 27, 1995 The proposed sign is an eight (8) foot by four (4) feet (32 square feet) non -illuminated advertising sign. The property owner, North Oaks Company or L. W. Hills, Jr., have provided the City with a letter indicating that they have given permission to CPDC to install the advertising sign on the site indicated. The consent was given for one (1) year with probable continuation after that period. The northwest corner of County Road J (Ash Street) and Centerville Road is approximately 950 feet from the nearest single family residence (the Donlin residence) and 250 feet from the structure on the northeast corner of County Road J and Centerville Road which is being used at this time for a storage building. Staff is recommending approval of the advertising sign as submitted with the following conditions: 1. The sign is constructed to withstand a wind load pressure of 30 O.S.F. 2. The sign is located at least five (5) feet from any property line. 3 No illumination of the sign is allowed. 4. The installation of the sign shall not conflict with the proper function or interpretation of any traffic sign or signal. 5. The sign shall be maintained in good condition and the areas around the sign be kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The surface of the sign must be repainted at least once every two (2) years or whenever necessary as determined by the City Zoning Official to prevent the sign surface from becoming unkept in appearance. 6. The permit owner shall be responsible for all of the requirements of the Sign Ordinance, including the liability for expense or removal and maintenance incurred by the City. 7. A sign permit shall be obtained from the City Building Official. 8. The CUP shall be reviewed in two (2) years and if at that time 90% of the subdivision is sold, the sign shall be removed. PAGE 9 COUNCIL MEETING MARCH 27, 1995 The Planning and Zoning Board has reviewed the sign request and recommend approval with the conditions listed above. Mr. Schumacher noted that this is a CUP and asked if the City Code requires annual review of CUP. Ms. Wyland said yes and this was explained to the Planning and Zoning Board. This Board wanted specific language included in the CUP. Council Member Elliott moved to approve the Conditional Use Permit as outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of FIRST READING Ordinance No. 04 - 95 Amending the Shoreland Management Ordinance - Ms. Wyland explained that Minnesota Statutes has mandated that the City update their existing 1983 Shoreland Management Ordinance. The purpose of the Ordinance is to provide for the orderly subdivision, use and development of shorelands of public waters. These shorelands can be described as an area roughly 1000 feet from the ordinary high water mark of the protected waters listed on pages eight (8) and nine (9) of the Ordinance. A model ordinance was provided by the Department of Natural Resources (DNR) and was intended to be used as a guide. The DNR allows communities to pursue flexibility from the state model ordinance to address conditions unique to the City. City Staff has worked closely with the DNR in developing the attached ordinance and have received favorable response to the request for flexibility. This flexibility was requested in order to maintain sustainable growth within the City and relates to the following areas; Land Use Designations, Lot Size, Density, Impervious Surface Coverage, Building Heights, Sanitary Sewer Connection and Shoreland Setback for Uses Without Water Oriented Needs. LAND USE DESIGNATIONS: The City has requested the Land Use Designations to compare with our base zoning districts. LOT SIZE: Lot area and width standards are significantly less restricted that the state standards. Staff has requested standards that relate to the City's base zoning district (10,800 square feet area or R-1 non -riparian lots, 20,000 square feet for riparian lots while the DNR model requested 15,000 square feet area for non -riparian and 20,000 square feet for riparian lots). Flexibility was requested due to the short supply of buildable land resulting from the high percentage of state right-of-way, county park, wetlands and lakes within the City. As a condition of approval for this flexibility request, the DNR has asked that PAGE 10 1 1 1 1 1 1 COUNCIL MEETING MARCH 27, 1995 our ordinance include a statement which prohibits total district - wide density from being exceeded. The proposed ordinance includes this provision. DENSITY: The DNR model ordinance provided a complicated tier arrangement for calculating density for multi -family developments. The City has proposed a standard calling for 5,000 square feet to townhomes and 2,900 square feet for apartments, per unit. The DNR has approved this flexibility request due to our more stringent requirements on water quality, general performance standards, and the local water management plan. IMPERVIOUS SURFACE COVERAGE: The DNR model called for impervious surface limits of 25% across the board. Staff has requested a limit of 30% for single family and low density developments, 35% for medium/high density developments, and 60% for commercial developments. Due to our performance standards and local water management plan, the DNR has agreed to this flexibility request. BUILDING HEIGHT: The City is requesting a 36 foot height limit which is consistent with similar requests from other communities in the Metro Area. The DNR model suggests a 25 foot height limit. They have agreed to the 36 foot height limit. SANITARY SEWER CONSTRUCTION: The DNR model ordinance required a connection to sanitary sewer within one year, if available. This requirement runs contrary to the City Charter and the DNR has agreed to its exclusion. SHORELAND SETBACK FOR USES WITHOUT WATER ORIENTED NEEDS: The DNR model ordinance required a double setback for commercial uses without water oriented needs. This would render commercial properties along Lake Drive unbuildable. The DNR has agreed to waive this requirement. Mr. Brixius prepared a brief memorandum which was included in the Council packets. This memorandum outlined in detail the City's request for flexibility. The Planning and Zoning Board held two (2) public hearings and held a special work session to discuss the proposed ordinance. The proposed ordinance was prepared considering the comments from concerned citizens and with input from City staff and the DNR. The recommendation of staff and the Planning and Zoning Board is for approval as submitted. Council Member Bergeson noted that when there is a proposed ordinance change this comprehensive and complicated, the City Council discusses the changes at a work session. He felt uneasy about approving the FIRST READING of the proposed ordinance until PAGE 11 - COUNCIL MEETING MARCH 27, 1995 the Council has had a chance to ask questions about details. He asked that the matter be reviewed at the next work session and then placed on the next Council agenda for the FIRST READING. Mr. Schumacher explained that there are a number of issues tied to this proposed ordinance which impacts current staff discussion with Metropolitan Council. He asked that the FIRST READING be adopted to indicate to Metropolitan Council that the City is attempting to address their concerns. The proposed ordinance can then be brought to the next work session and if further information is needed, the SECONDED READING can be postponed. Mr. Schumacher noted that these are the types of ordinances that Metropolitan Council wants to see moving forward. It would be helpful if at least the FIRST READING of the proposed ordinance is adopted. Council Member Bergeson noted that the City Council is "at the end of the line" and when things do not keep up with the schedule that they should be on, the City Council gets pressed at the end to move faster than they should. He said he did understand the concern regarding Metropolitan Council. Mayor Reinert noted that two (2) public hearings and a special work session of the Planning and Zoning Board were held. He asked Ms. Wyland to explain the reason for the special work session. Ms. Wyland said that the ordinance had been reviewed by the Planning and Zoning Board and then two (2) new members were added to the Board. The reason for the special work session was to update the new members. Mayor Reinert asked if the FIRST READING is adopted this evening, is there a time constraint as to when the SECOND READING should take place. Mr. Schumacher did not recall any restrictions. Mayor Reinert asked about the word "flexibility" and explained that he has received some telephone calls about allowing "flexibility" in the ordinance. Ms. Wyland said that maybe the word "flexibility" should not have been used. She noted in the introduction to communities in the DNR model, there is a statement which reads, "this is the DNR model which is intended to be deviated from". When staff proposed something that was different from the model, it was described as "flexibility". Mr. Brixius explained that the term "flexibility" is a term that was used with the development of state regulations. "The pursuit of flexibility" is a term used by the state in their statutes and with regard to their ordinances. The staff is quoting terms that the state has used because the DNR has to approve the final ordinance and any changes are variations from the standard ordinance and they have termed this "flexibility". The staff was using the state terminology. Mayor Reinert said that the model PAGE 12 1 1 1 COUNCIL MEETING MARCH 27, 1995 does not fit appropriately in every community and that is why "flexibility" allows the model to fit each community. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 4 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING Ordinance No. 3 - 95 Amending the Sign Ordinance - Ms. Wyland explained that this proposed ordinance amendment is intended to allow advertising signs only within the City's Rural Zoning Districts. The proposed ordinance amendment is consistent with directives contained within the 1990 I35E and I35W Interchange Study. The proposed ordinance amendment would not allow the display of advertising signs in any zoning district other than Rural. Staff and the Planning and Zoning Board recommended that the FIRST READING of this proposed ordinance amendment be adopted. Council Member Neal asked if advertising signs would be allowed in the areas where requests for sign permits were denied by the City Council last year. Ms. Wyland said no, that sign permit request was for the interchange area which is zoned General Business or Light Industrial. Council Member Bergeson noted that there is a zoning called Rural Business Reserve (R -BR). He asked if this zoning is included in Rural designation. Mr. Brixius said that yes, this area has an underlying zoning of Rural. Council Member Bergeson asked if R - BR zoning is a separate zoning and should it be separately spelled out in the ordinance. Mr. Brixius said it is a separate zoning district and is different than the Rural Zoning district. He explained that the staff concentrated on the areas around the interchanges and decided that when utilities become available to the R -BR Zoning district, that district will be rezoned to a commercial district. Council Member Bergeson said he was more concerned about the wording in the ordinance and asked if the R -BR Zoning district should be specially spelled out in the proposed ordinance. Mr. Brixius said that the City Council may do one of two things; first the R -BR district can be specifically addressed as a rural district until utilities become available or the current language in the proposed ordinance can remain the same as presented which means that the R -BR Zoning District will be excluded from the proposed Sign Ordinance amendment. Council Member Bergeson said he would prefer that the ordinance be as specific as possible. Mr. Brixius asked for direction from the Council as to whether or not billboard signs should be excluded from the R -BR Zoning district. Council Member Bergeson noted that Mr. Brixius stated that it was the intention of staff to PAGE 13 COUNCIL MEETING MARCH 27, 1995 include the R -BR Zoning district as a Rural zoning. Mayor Reinert asked if billboard signs are allowed in the R -BR Zoning district now, will this create some problems when the zoning of this district is changed to a commercial zoning. Mr. Brixius explained that when utilities are available, the area will be rezoned. At this point the sign will become a nonconforming use. Mr. Brixius said that if staff is to incorporate Council Member Bergeson's suggestion, additional wording will be needed for the proposed sign ordinance amendment. Mayor Reinert asked that the City Council go on to the next agenda item and return to this matter when Mr. Brixius has defined the appropriate wording. Final Plat, Woods of Baldwin Lake, Second Addition - Ms. Wyland explained that the preliminary plat of Woods of Baldwin Lake, Second Addition was approved October 24, 1994. The property is zoned R -1X and contains 12 lots. Utilities will be provided to serve the subdivision. The City Attorney has reviewed the title work and a development agreement and financial guarantees are in place. The staff is recommending that the final plat be approved as submitted. Council Member Kuether moved to approve the final plat of Woods of Baldwin Lake, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. The City Council returned to the consideration of Ordinance No. 03 - 95. Mr. Brixius explained that staff is recommending adding the R -BR Zoning district as a Rural District to Section 3, Subd. 1 and Subd. 2. No additional wording would need to be added. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 3 - 95 as amended by the City Planner and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 30 Ordering the Improvement of Woods of Baldwin Lake, Second Addition - A petition has been received by the City from the property owners within this subdivision, a Feasibility Report for utility and street improvements was prepared. This Feasibility Report was presented at a public hearing before the City Council on February 27, 1995. The property owners have also submitted a request to waive 50 of the 60 day waiting period as provided in Section 8.06 of the Lino Lakes City Charter which allows the City to order the improvement at this time. PAGE 14 1 1 1 1 1 1 COUNCIL MEETING MARCH 27, 1995 Mr. Powell recommended that the City Council adopt Resolution No. 95 - 30 Ordering the Improvement of the Woods of Baldwin Lake, Second Addition. Council Member Kuether moved to approve Resolution No. 95 - 30. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 30 can be found at the end of these minutes. Consideration of Resolution No. 95 - 31 Approving Plans and Specifications and Ordering Advertisement for Bids for Woods of Baldwin Lake, Second Addition - Mr. Powell used the overhead projector and summarized the previous actions on this subdivision. He also explained that routinely, notices of the advertisement for bids are sent to the legal newspapers prior to Council action. These notices are contingent upon positive Council action. This process saves about a week to a week and one half and allows bids to be taken at an earlier date. A copy of the advertisement for bids has been forwarded to the legal newspaper and Mr. Powell recommended that the City Council approve Resolution No. 95 - 31 Approving Plans and Specifications and Ordering Advertisement for Bids for the Woods of Baldwin Lake, Second Addition Improvements. Council Member Elliott moved to adopt Resolution No. 95 - 31. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 31 can be found at the end of these minutes. Consideration of Resolution No. 95 - 36 Approving Plans and Specifications and Ordering Advertisement for Bids, Country Lakes Estates, Phase Two - The Country Lakes Estates subdivision includes a total of 53 lots. The first phase of the project, the western 25 lots was bid in 1994. The construction of the Phase One improvements will be completed this spring. Phase Two of Country Lakes Estates includes the eastern 28 lots. All of the construction activity included in Phase Two is within the limits of the subdivision with the exception of the Deerwood Lane roadway connection to Birch Street. A copy of the advertisement for bids has been forwarded to the legal newspaper contingent upon City Council's approval of Resolution No. 95 - 36. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 36 Approving Plans and Specifications and Ordering PAGE 15 - COUNCIL MEETING MARCH 27, 1995 Advertisement for Bids for Phase Two, Country Lakes Estates. Council Member Kuether moved to adopt Resolution No. 95 - 36. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 36 can be found at the end of these minutes. Consideration of Resolution No. 95 - 37 Approving Plans and Specifications and Ordering Advertisement for Bids for Hodgson Road Trunk Watermain - Mr. Powell explained that this improvement consists of a 12 inch 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 Shoreview. The original plan which was considered by the City Council has been revised to reflect the State's agreement to allow the City more working space adjacent to the Trunk Highway 49 roadway. The State of Minnesota also has plans to place a bituminous overlay on Trunk Highway 49 this summer but their activity should begin after the City has completed the watermain project. A copy of the advertisement for bids has been forwarded to the legal newspapers contingent upon City Council's approval of Resolution No. 95 - 37. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 37 Approving Plans and Specifications and Ordering the Advertisement for Bids for the Hodgson Road Watermain Project. Council Member Elliott moved to adopt Resolution No. 95 - 37. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 37 can be found at the end of these minutes. CITY ATTORNEY'S REPORT, BARRY SULLIVAN Consideration of Accepting Easement from Vivian Hanson, Hodgson Watermain Improvement - Mr. Sullivan explained that an easement from Mrs. Hanson was approved by the City Council earlier this year. Because the legal description in the easement document was found to be in error, another easement document has been prepared PAGE 16 1 1 1 COUNCIL MEETING MARCH 27, 1995 with the proper legal description. The easement runs along the front of the property where Rehbein Transit is located. Mr. Sullivan recommended that the City Council accept the new easement. Council Member Kuether moved to accept the easement as presented by Mr. Sullivan. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, REDESIGNATING THE UNUSED PORTION OF THE 1994/1995 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, RESOLUTION NO. 95 - 34, RANDY SCHUMACHER Mayor Reinert opened the public hearing at 7:55 P.M. Mr. Schumacher explained that Resolution No. 95 - 06 designated $9,700.00 to the City's Therapeutic Recreation Program. As of March, 1995, there remains an unused balance of $8,811.93 and it has been determined that a majority of these funds will not be used. The City may redesignate all or a portion of the remaining Therapeutic Recreation dollars toward another qualifying plan. The public hearing this evening has been set to take input on qualifying programs. Mr. Schumacher explained that the staff is recommending that $5,000.00 of the 1994/1995 Therapeutic Recreation dollars be designated to the City's Growth Study (Land Use/Economic Development/Impact Study) to be spent before December 31, 1995 The request for redesignation of these dollars will be submitted to the Anoka County Review Board on April 27, 1995 and the Anoka County Board on May 9, 1995 for their approval. Council Member Kuether said that she was under the impression that this matter was dealt with several weeks ago. Mr. Schumacher explained the action of the City Council to date. Council Member Kuether asked what will happen to the remaining $3,800.00 in this fund. Mr. Schumacher explained that it will be used for the Therapeutic Recreation Program. Mayor Reinert asked if there was anyone in the audience to speak on this matter. There was no one. Council Member Elliott moved to close the public hearing at 8:03 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 17 COUNCIL MEETING MARCH 27, 1995 Council Member Kuether moved adopt Resolution No. 95 - 34 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 34 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 27 AUTHORIZING AMENDMENT TO THE 1994 GENERAL FUND BUDGET, RANDY SCHUMACHER Mr. Schumacher explained that annually the City Auditor's reviews what has been projected for revenues and expenditures in the past budget. Although staff and City Council do the best job possible in preparing the annual budget, however, some expenditures or revenues cannot be anticipated. Attached to Resolution No. 95 - 27 are revenue and expenditure summaries. Mr. Schumacher noted that one significant adjustment is in the area of building permit fees. This reflects the decrease in new home building activity in 1994. Mr. Schumacher explained that the City Auditor is recommending that adjustments be made to the 1994 Budget to reflect actual activity of the 1994 Budget. Council Member Bergeson referred to expenditures under the title "Streets", and said he was surprised considering the conditions of City streets, that the City would underspend the street budget. Mr. Powell said that he would discuss the matter with the Public Works Foreman and bring the information to the City Council. Council Member Kuether moved to adopt Resolution No. 95 - 27 Amending the 1994 Budget. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 27 can be found at the end of these minutes. OLD BUSINESS Consideration of a Letter from Fairview Hospital, Randy Schumacher - Mr. Schumacher explained a letter had been received from Fairview Hospitals asking the City to help identify potential candidates for the Operational Board of Directors to oversee the operations of District Memorial Hospital. It was determined that candidates names be submitted by Tuesday, March 28, 1995. Mayor Reinert explained that both Ms. Donna Carlson and Mr. Jim Wagner have express continuing interest in working in this area. He asked if the City Council would support nomination of these two (2) individuals or offer other candidates. PAGE 18 1 1 1 1 1 1 COUNCIL MEETING MARCH 27, 1995 It was the consensus of the City Council that these two (2) names be submitted as well as any other names that the City Council may determine. The City Clerk will submit the names mentioned. Consideration of the City Clerk -Treasurer Compensation Adjustment for 1993 - LLMA - Mr. Schumacher noted that the City Council received minutes from the October 11, 1993 Council meeting at which time compensation levels were being discussed for the City Clerk -Treasurer. A motion was made at this meeting that the Clerk's 1993 compensation level be tied to the outcome of the Lino Lakes Management Association (LLMA) contract. Historically, the City Clerk -Treasurer and the Building Inspector had been comparably compensated. Mr. Schumacher recommended a $1,610.00 lump sum non -base adjustment award to the City Clerk: 1993 Building Inspectors Adjustment 1993 Clerk -Treasurer Adjustment The difference if $1,610.00 $990.00 $2,601.00 Mr. Schumacher recommended that the City Council adopt a motion awarding the City Clerk -Treasurer a non -base lump sum adjustment of $1,610.00. Council Member Elliott moved to approve Mr. Schumacher's recommendation. Council Member Bergeson seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of a Gambling License Request from the Dead Broke Saddle Club, Marilyn Anderson - Mrs. Anderson explained that the Dead Broke Saddle Club applied for a Lino Lakes Gambling License which was considered at the last City Council meeting. The City Council denied the request because this organization did not meet the requirements of the Gambling Ordinance. The Dead Broke Saddle Club has again applied for a Lino Lakes Gambling License to become effective August 1, 1995. This organization will meet one of the Gambling Ordinance requirements on that date and will be eligible for a Gambling License. The City Attorney has advised Mrs. Anderson that the City Council can approve a license for a future date. If the City Council approves the license at this time, a stipulation should be added requiring the Saddle Club to provide an affidavit to the Clerk - Treasurer on or before August 1, 1995 which would verify the names, addresses and membership dates of at least 15 Lino Lakes PAGE 19 - COUNCIL MEETING MARCH 27, 1995 residents. The second option for the City Council to consider is to deny the request for a Gambling License and ask the Saddle Club to re- apply for the Gambling License at the time that they are eligible for the license. Mrs. Anderson explained that since there appears to be two (2) options for the City Council to consider, the matter should be discussed with the City Attorney. Mrs. Anderson also noted that she has received a telephone call from the Centennial Youth Hockey Association. Their representative explained that the manager of the 49 Club had promised their organization that they could conduct their gambling operation there. Members of the Centennial Youth Hockey Association were present to discuss their claim. Mrs. Anderson explained that she is concerned about who is actually the manager at the 49 Club and who has the authority to select which organization can conduct gambling there. She said that she plans to contact the owners of the 49 Club and determine what is the current situation. Mrs. Anderson asked that the City Council delay action on this matter until this information is available. Council Member Neal noted that if the current manager at the 49 Club is not actually living in Lino Lakes and that is a requirement for the liquor licenses. Mrs. Anderson said that she would be getting additional information on this matter as well. Mayor Reinert explained that the Dead Broke Saddle Club was before the City Council at the last meeting and the City Council denied the request for a Gambling License because they did not qualify based on the number of members living in Lino Lakes and because they were asking for a license for a future date when they would qualify for the license. He suggested that this matter be table indefinitely until the situation at the 49 Club can be determined. Mr. Daryl Miller, Chief Executive Officer of the Gambling Committee for the Centennial Youth Hockey Association, explained that his organization has had conversations with the manager at the 49 Club. They were told that if the Centennial Fire Relief Association did not renew their gambling license, they would have the first opportunity to place their gambling operation there. Mr. Miller explained that his organization has been trying to contact the owner. The acting manager told them to prepare a lease and they would forward it to the manager who would probably sign it. When the lease was signed, they would apply for a PAGE 20 1 1 1 COUNCIL MEETING MARCH 27, 1995 Gambling License. Mr. Miller noted that his organization meets all of the requirements of the Lino Lakes Gambling Ordinance. There are about 350 children represented by his organization and at least 50% of them live in Lino Lakes. Mr. Miller noted that the average child pays about $450.00 for the opportunity to play organized hockey and it is hoped that the gambling receipts would off -set these costs. He explained that the Centennial Ice Arena is shared with the Blaine Hockey Association and his organization is trying to raise about $300,000.00 to buy the facility from Blaine. Mr. Miller explained that the Centennial Youth Hockey Association has membership from adjoining cities and their organizations donate money to other non-profit organizations and communities. He felt that the money is being used wisely. Mayor Reinert asked for a motion to table this matter until a report is received from the Clerk -Treasurer. Council Member Elliott moved to table the item. Council Member Kuether seconded the motion. Mr. Eric Westman from the Dead Broke Saddle Club said he understood that his organization must meet one of the qualification of the Lino Lakes Gambling Ordinance. He noted that on the August 1, 1995, the date listed on the lease agreement, the Saddle Club would meet the requirements. Mr. Westman said that they would be happy to provide an affidavit indicating that at least 15 members of their organization meet the qualification. Mr. Westman explained that the Saddle Club must submit their application for a state gambling license 60 days prior to the date they plan to begin operation of lawful gambling. He said he was not aware of any of the problems mentioned about the 49 Club and any promises that may have been made to the Youth Hockey Association. However, his organization has a signed lease with the 49 Club to commence operations on August 1, 1995. He asked that due consideration be given to that fact. Mayor Reinert call for a vote on the motion, motion carried unanimously. Consideration of Resolution No. 95 - 35 Correcting 1995 Special Assessments - Mrs. Anderson explained that several errors have been discovered in the 1995 assessment rolls. Since property tax statements have already been calculated and mailed to the property owners, the only remedy is to abate the wrong PAGE 21 c__3i�-� COUNCIL MEETING MARCH 27, 1995 assessments and place the assessments on the correct properties. The errors involve Property Identification Numbers (PIN'S), not the actual calculation of the assessment. This means that some properties were assessed when they should not have been assessed and some properties were not assessed when they should have been assessed. Resolution No. 95 - 35 will correct the errors. Mrs. Anderson explained that property owners affected by the errors have been notified. Mrs. Anderson noted that the errors did not happen in her office. She explained that Anoka County did not allow sufficient time for review and correction of the rolls. Normally such errors could have been detected and corrected before the tax statements were mailed to the property owners. Mrs. Anderson asked the City Council to adopt Resolution No. 95 - 35 Correcting the 1995 Assessment. Council Member Elliott moved to adopt Resolution No. 95 - 35. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 35 can be found at the end of these minutes. Council Member Neal moved to adjourn at 8:35 P.M. Council Member Elliott seconded the motion. Aye. These minutes considered, corrected and approved at a regular Council meeting held on April 10, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 22 1 1 1 Council Member Kuether introduced the following Ordinance and moved its adoption. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-95 AN ORDINANCE AMENDING APPENDIX C OF THE CITY CODE (SIGN REGULATIONS) REPEALING ADVERTISING SIGNS WITHIN THE SC, GB, LI AND GI ZONING DISTRICT. The City Council of the City of Lino Lakes ordains: SECTION III. Subdivision 1. is amended to read as follows: "R" Rural District and "R -X" Rural Executive Residential and "R -BR" Rural Business Reserve SECTION III. Subdivision 2. is amended to read as follows: Rural Districts: In the R and R -X and R -BR Districts all signs must comply with the following: SECTION II. Subdivision 2.2. (Residential District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subd. 6 of this Ordinance, are prohibited in the R1, R -1X, R3, R4, R6, and R7 Zoning Districts. SECTION III. Subdivision 3.2. (LB District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LB Zoning District. SECTION III. Subdivision 4.2. (NB District Sign Requirements) is amended to add the following: D. Advertising Signs: Advertising signs, as defined by section 2, subdivision 6 of this Ordinance, are prohibited in the NB Zoning District. SECTION III. Subdivision 5.2. (SC District Advertising Sign Requirements) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the SC Zoning District. SECTION III. Subdivision 6.2.D (GB and PSP District Advertising Sign Requirements) is amended to read as follows: D. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the GB and PSP Zoning Districts. SECTION III. Subdivision 7.2C (L -I and G -I District Advertising Sign Requirments) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LI and GI Zoning Districts. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this 10th day of April 1995. ATTEST: BY: ��� '1 y j �_l_ L�J Marilyn` -Anderson, City Clerk CITY OF LAKES BY: Vernon Reinert, Mayor Motion for adoption of the foregoing ordinance was 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 ordinance was declared duly passed and adopted. 1 9 1 1 ORDINANCE NO. 04 - 95 Council Member Elliott introduced the following Ordinance Summary and moved its adoption. Chapter 1102 Shoreland Management Overlay Ordinance of the City Zoning Ordinance was adopted by the Lino Lakes City Council on April 10, 1995. Following is a summary of the provision of that Ordinance as adopted. A complete copy of the Ordinance is available for public review at City Hall, 1189 Main Street, Lino Lakes, MN., between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. The Ordinance shall take effect and be in force 30 days following its publication. CHAPTER 1102 SHORELAND MANAGEMENT OVERLAY ORDINANCE SUMMARY 1102.01 Statutory Authorization and Policy 1102.02 General Provisions 1102.03 Definitions 1102.04 Administration 1102.05 Shoreland Overlay District 1102.06 Shoreland Overlay District Uses 1102.07 Zoning and Water Supply/Sanitary Provisions 1102.08 Nonconformities 1102.09 Shoreland Alterations 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat 1102.11 Water Supply and Sewage Treatment 1102.12 Subdivision/Platting Provisions 1102.13 Planned Development Overlays (PDOS) 1102.01 Statutory Authorization and Pol. ATTEST Vernon F. Reinert, Mayor Ct Marijlyn G. Anderson, City Clerk Motion for 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. Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-27 RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET WHEREAS, certain revenues have either exceeded or fell short of anticipated budget amounts and, WHEREAS, certain expenditures have either exceeded or fell short of anticipated budget amounts and, WHEREAS, it has been recommended that the 1994 budget be amended to reflect closer to actual figures and, NOW THEREFORE BE IT RESOLVED, that the 1994 General Fund budget be amended accordingly effective December 1994 (Please see attached schedule). Adopted by the City Council of LinoLaks-this 27th day of March, 1995. \j.i c ?ILL, ZJC, Vernon F. Reinert - Mayor Marilyn . Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 General Fund Revenue Summary 1994 1994 Amended Budget Adjustment Budget ITaxes 1,955,662 6,742 1,962,604 Business Licences 20,220 (4,090) 16,130 Non Business Licenses and Permits 507,550 (138,569) 368,981 State Revenues 235,445 2,236 237,681 City Revenues 30,000 31,734 61,734 County Revenues(Solid Waste) 41,303 (11,710) 29,593 Charges For Sevices 370,069 (18,932) 351,137 Fines 80,000 (7,546) 72,454 Interest on Investments 50,000 (5,647) 44,353 Donations 0 6,262 6,262 Refunds and Reimbursments 37,000 (8,426) 28,574 Cable TV 15,000 1,335 16,335 Fixed Assets(Sale of Equipment) 10,000 (7,394) 2,606 Total General Fund Revenues 3,352,449 (154,005) 3,198,444 1 Revenues Items to be Amended: Amended 1994 1994 Budget Adjustment Budget TAXES TAX FORFIE TS TOTAL TAXES 0 6,742 6,742 6,742 BUSINESS LICENSES AND PERMITS TAVERN 9,000 (3,000) 6,000 GAMBLING TAX - DONATION 1,500 (1,090) 410 TOTAL BUSINESS LICENSES AND PERMITS (4,090) NON -BUSINESS LICENSES AND PERMITS BUILDING PERMITS 261,000 (84,322) 176,678 PLAN INSPECTIONS FEES 150,000 (53,554) 96,446 PLUMBING PERMITS 27,000 (9,488) 17,512 SEWER HOOK -IJP 25,000 (9,225) 15,775 SEPTIC PERMITS 1,000 1,480 2,480 MECHANICAL PERMITS 12,500 (2,228) 10,272 SIGN PERMITS 3,000 1,048 4,048 OVERWEIGHT PERMITS 7,000 17,720 24,720 TOTAL NON -BUSINESS LICENSES AND PERMITS (138,569) STATE REVENUE MSA ROADS 80,000 5,187 85,187 OTHER STATE REVENUE 10,000 (2,951) 7,049 TOTAL STATE REVENUE 2,236 CITY REVENUES CIHC1 E PINES GAS t-RANCHISE TOTAL CITY REVENUES COUNTY REVENUES ANOKA COUNTY SOLID WASTE TOTAL COUNTY REVENUES CHARGES FOR SERVICES 30,000 31,734 61,734 31,734 35,803 (11,710) 24,093 (11,710) GOPHER STATE ONE CALL 7,500 (3,137) 4,363 ADMINISTRATIVE CHARGE 50,000 12,204 62,204 PUBLIC WORKS FEES 0 4,187 4,187 CITY ENGINEERING/PLANNING FEES 127,300 (32,186) 95,114 TOTAL CHARGES FOR SERVICES (18,932) FINES AND FORFEITS FINES TOTAL FINES AND FORFEITS INVESTMENTS INTEREST ON INVESTMENTS TOTAL INVESTMENTS DONATIONS 80,000 (7,546) 72,454 (7,546) 50,000 (5,647) 44,353 (5,647) DONATIONS FROM ORGANIZATIONS 0 6,262 6,262 TOTAL DONATIONS 6,262 REFUNDS & REIMBURSEMENTS REFUNDS & REIMBURSEMENTS 25,000 (12,606) 12,394 REFUNDS FROM TREES 12,000 4,180 16,180 TOTAL REFUNDS & REIMBURSEMENTS (8,426) CABLE TV CABLE TV TOTAL CABLE TV FIXED ASSETS SALE OF FIXED ASSETS TOTAL FIXED ASSETS TOTAL ADJUSTMENT 15,000 1,335 16,335 1,335 10,000 (7,394) 2,606 (7,394) (160,747) (Total 1994 Revenue Budget 3,352,449 (154,005) 3,198,4441 2- 1 1 1 ICable TV 1,423 0 1,423 Economic Development 110,316 (14,181) 96,135 Mayor and Council 49,522 0 49,522 Elections and Voters Registration 7,511 2,046 9,557 Administration 335,554 11,690 347,244 Assessor 33,107 5,939 39,046 Legal Printing 14,985 0 14,985 Consultants 156,829 27,363 184,192 Engineering/Planning 182,842 (40,380) 142,462 Planning and Zoning Board 5,513 0 5,513 Govemment Buildings 221,593 (21,500) 200,093 Charter Commission 1,350 0 1,350 Police Department 770,962 13,073 784,035 Fire Department 236,266 0 236,266 Building Inspections 62,156 8,128 100,284 Civil Defense 4,200 0 4,200 Animal Control 2,807 0 2,807 Streets 588,486 (59,662) 528,824 Solid Waste Abatement 44,421 (6,500) 37,921 Parks Department 269,404 17,366 286,770 Recreation Department 73,903 6,128 80,031 Park Board Members 4,139 0 4,139 Forestry Department 57,199 (15,554) 41,645 Others 87,961 (87,961) 0 1994 1994 Amended General Fund Expenditure Summary Budget Adjustment Budget otal General Fund Expenditures 3,352,449 (154,005) 3,198,444 1 Expenditure Items to be Amended: Amended 1994 1994 ✓✓ Budget Adjustmenl Budget Economic Development 101 Salaries 64,074 730 64,804 121 PERA 2;871 33 2,904 122 FICA 4,902 56 4,958 300 Professional Services 28,000 (15,000) 13,000 Total Econ Development (14,181) Elections 101 Salaries 6,000 1,890 7,890 122 FICA 460 156 616 Total Elections 2,046 Administration 101 Salaries 237,475 3,192 240,667 121 PERA 10,753 277 11,030 122 FICA 18,438 532 18,970 106 Other Salaries 1,000 7,689 8,689 Total Administration 11,690 Assessor 400 Contract 33,107 5,939 39,046 Total Assessor 5,939 Consultants 301 Municipal Attorney 40,000 1,363 41,363 303 Criminal Attorney 55,000 13,000 68,000 307 Growth Study 0 5,000 5,000 310 Other Consultants 7,250 8,000 15,250 Total Consultants 27,363 Planning 101 Salaries 121 PERA 122 FICA 131 Health 133,386 6,200 10,600 16,632 (32,040) (1,992) (3,349) (3,000) Total Planning (40,380) Government Buildings 101,346 4,208 7,251 13,632 211 Maintenance Supplies 9,700 (2,000) 7,700 311 Sales Tax 7,096 (4,000) 3,096 381 Electricity 18,380 (1,500) 16,880 383 Heat 7,990 (2,000) 5,990 500 Capital Outlay 69,196 (12,000) 57,196 Total Government Buildings (21,500) Police Department 101 Salaries 478,798 24,978 503,776 106 Other Salaries 21,118 (11,018) 10,100 121 PERA 54,000 2,927 56,927 122 FICA 8,300 732 9,032 151 Workers Compensation 32,732 (4,546) 28,186 Total Police 13,073 4 ,&- Expenditure Items to be Amended: Amended 1994 1994 Budget Adjustment Budget Building Inspections 101 Salaries 60,189 9,032 69,221 121 PERA 2,719 405 3,124 122 FICA 4,643 691 5,334 330 Travel 3,000 (2,000) 1,000 Total Building Inspections 8,128 Streets 101 Salaries 157,761 21,478 179,239 106 Other Salaries 14,300 (4,000) 10,300 121 PERA 8,179 2,321 10,500 122 FICA 15,061 4,039 19,100 200 Office Supplies 3,900 (2,500) 1,400 212 Fuels 12,800 (4,000) 8,800 221 Shop Parts 30,000 (9,000) 21,000 223 Street Signs 10,900 (3,000) 7,900 311 Sales Tax 13,189 (5,000) 8,189 330 Travel and Tuition 5,100 (3,000) - 2,100 401 Materials for Roads 109,300 (54,000) 55,300 402 Contracted Street Repaii 79,000 (3,000) 76,000 Total Streets (59,662) Solid Waste 106 Other Salaries 400 Contracted Services Total Solid Waste Parks 3,072 (2,500) 572 12,640 (4,000) 8,640 (6,500) 101 Salaries 112,674 21,976 134,650 121 PERA 5,458 1,582 7,040 122 FICA 10,892 808 11,700 211 Maintenance Supplies 18,348 (5,000) 13,348 410 Rented Equipment 5,980 (2,000) 3,980 Total Parks 17,366 Recreation 101 Salaries 24,000 10,123 34,123 106 Other Salaries 21,477 (5,000) 16,477 121 PERA 1,100 500 1,600 122 FICA 3,500 505 4,005 Total Recreation 6,128 Forestry 101 Salaries 30,118 (10,813) 19,305 121 PERA 1,400 (1,015) 385 122 FICA 2,345 (1,726) 619 400 Contracted Services 3,000 (2,000) 1,000 Total Foresty (15,554) Contingency Reserve 40,000 (40,000) 0 Salaries Reserve 47,961 (47.961) 0 Total Contingency (87,961) otal Adjustment (154,005) Notal 1994 Expenditure Budget 3,352,449 (154,005) 3,198,444 5 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-30 RESOLUTION ORDERING IMPROVEMENT OF WOODS OF BALDWIN LAKE - SECOND ADDITION. WHEREAS, a resolution of the City Council adopted the 23rd day of January, 1995, fixed a date for a Council hearing on the proposed improvement of Woods of Baldwin Lake - Second Addition, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 27th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, a petition signed by 100% of the property owners proposed to be assessed for these improvements has been received requesting that 50 days of the 60 day waiting period as per Section 8.06 of the Lino Lakes City Charter be waived, 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 23rd day of January, 1995. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. `Anderson, Clerk -Treasurer 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 (/c -3 3 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-31 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WOODS OF BALDWIN LAKE - SECOND ADDITION IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on February 27, 1995, the City Engineer has prepared plans and specifications for the Woods of Baldwin lake - Second Addition 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 to 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, April 24, 1995 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, April 24, 1995 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 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G./Anderson, Clerk -Treasurer 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. Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 95-34 RESOLUTION REDESIGNATING A PORTION OF THE 1994-1995 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, resolution 94-06 designated $9,700.00 to the City's ongoing Therapeutic Recreation Program and, Whereas, there remains an unused balance as of March 1995, of $8,81 1.93 in the Therapeutic Recreation area and, Whereas, it has been determined that a majority of these funds will not be used and, Whereas, the City may redesignate all or a portion of the remaining Therapeutic Recreation dollars towards another qualifying program and, Whereas, it is the recommendation of the City to redesignate $5,000.00 towards the City's ongoing Growth Study(Land Use, Economic Development/Impact Study). Now therefore be it resolved, that $5,000.00 be redesignated from the 1994-1995 Therapeutic Recreation Program to the City's ongoing Growth Study (Land Use/ Economic Development/Impact Study) to be spent before December 31, 1995. Adopted by the City Council of Lino Lakes this 27th day of March, 1995 Marilyn / l { ) , • L., Anderson, Clerk -Treasurer Vernon F. Reinert,Mayor The motion for the adoption of the foregoing resolution was duly seconded by 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 Where upon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 35 RESOLUTION ABATING 1995 INSTALLMENT OF SPECIAL ASSESSMENTS ON PIN. 27-31-22-13-0004, 27-31-22-13-0005, 29-31-22-32-0022, 29-31-32- 0023, AND 29-31-22-41-0015 AND PLACING ASSESSMENT OF PROPER PROPERTY IDENTIFICATION NUMBERS. WHEREAS: an assessment was certified to the above listed parcels for 1995, and WHEREAS: it has come to the attention of staff that these assessments were applied to the wrong Property Identification Numbers, and WHEREAS: the City Council has met and has considered the request to abate the 1995 installment of special assessment on the above listed parcels, NOW THEREFORE, BE IT RESOLVED, by the City Council of Lino Lakes, Minnesota, as follows: 1. That the 1995 installment and all future years installments for Special Assessment Fund No. 82348 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27- 31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 2. That the 1995 installment and all future years installments for Special Assessment Fund No. 82349 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27-31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 3. That the 1995 installment and all future years installments for Special Assessment Fund No. 82350 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27-31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 4. That the 1995 installment and all future years installments -36 RESOLUTION NO. 95 - 35 Page -2- for Special Assessment Fund No. 82354 on property described as PIN. 29-31-22-32-0022 and PIN. 29-31-22-32-0023 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 28-31-22-32-0022 and PIN. 28-31-22- 32-0023. (Please correct the computer listings to show the correct Property Identification Numbers.) 5. That the 1995 installment and all future years installments for Special Assessment Fund No. 82355 on property described as PIN. 29-31-22-32-0022 and PIN. 29-31-22-32-0023 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 28-31-22-32-0022 and PIN. 28-31-22- 32-0023. (Please correct the computer listings to show the correct Property Identification Numbers.) 6. That the 1995 installment and all future years installments for Special Assessment Fund No. 82356 on property described as PIN. 29-31-22-41-0015 be corrected as follows: Initial Principal be correct to read $602.40, not $1,921.69 and Annual plus Interest be corrected to read $86.01, not $274.37. 7. The City Clerk -Treasurer is hereby authorized and directed to forward a certified copy of this resolution to the County Auditor of Anoka County, Minnesota for abatement and correction. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G'. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 - 37 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-36 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE COUNTRY LAKES ESTATES - PHASE 2 IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on August 9, 1993, the City Engineer has prepared plans and specifications for the Country Lakes Estates - Phase 2 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: 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 to 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, April 24, 1995 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, April 24, 1995 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 27th day of March, 1995. Vernon F. Reinert, Mayor /,) Marilyn G. Anderson, Clerk -Treasurer The motion for 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. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-37 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 Watermain 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 to 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, April 24, 1995 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, April 24, 1995 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 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer 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 Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 38 RESOLUTION DETERMINING THAT PETITION TITLED "CONFLICT OF INTEREST" IS INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "Conflict of Interest" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "Conflict of Interest" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 201, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council this ,27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn Gid Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 38 Page -2- 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. 1 1 1 1 Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 39 RESOLUTION DETERMINING THAT PETITION TITLED "CITY CAP ON BUILDING NEW HOMES" IS INSUFFICIENT AND DIRECTING THE CLERK—TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "City Cap on Building New Homes" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "City Cap on Building New Homes" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 186, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council_this 27th day of March, 1995. Vernon F. Reinert, Mayor I Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 39 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 40 RESOLUTION DETERMINING THAT PETITION TITLED "IMPROVED CRITERIA ON NOTIFICATION" IS INSUFFICIENT AND DIRECTING THE CLERK—TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "Improved Criteria on Notification" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "Improved Criteria on Notification" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 201, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council his nth -day of March, 1995. Vernon F. Reinert, Mayor Marilyn GN Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 40 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-41 RESOLUTION VACATION A DRAINAGE EASEMENT ON LOT 5 AND 6, BLOCK 2, ROHAVIC OAKS SECOND ADDITION WHEREAS, a 15 foot wide drainage easement was recorded over the southwesterly border of Lot 17, Block 2, Rohavic Oaks at the time the plat was recorded, and WHEREAS, this portion of Rohavic Oaks has been replatted into Lot 5 and Lot 6, Rohavic Oaks Second Addition and proper drainage easements were recorded over Lot 5 and Lot 6, Block 2, Rohavic Oaks Second Addition at the time the plat was recorded, and WHEREAS, a public hearing was held on March 27, 1995 before the City Council in the Council Chambers after due published notice on March 14 and 21, 1995 and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be for the best interest of the City to vacate this easement, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota that a 15 foot wide drainage easement over the southwesterly border of Lot 17, Block 2, Rohavic Oaks is hereby vacated. Adopted by the Council of the City of Lino Lakes this 27th day of March, 1995. 7 Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for 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. NORTH — - \ 7' /t/c2/7-',5 /Mc .•//' !.. 16 ifstg'oci'vp o'.30 00 a toe'? o09,0 19 27 10 1\L)flMVIL,U/AK CITY OF LINO LAKES - COUNTY OF ANOKA /712 —2,71000- ----------0 00 270 0.0 12 'c\ N -E0 ' <feta 14 2/619°,"/ 23000 13 19.0.490 ice 66s? 'es."°"?0,47, .10.00 /R000 c`COIX2 • 8 X JO • WerY4 tLo/ c-•(///1/6/ 97,-'5 2 ,---- — -, ! O' / d -N 7 j , “'''' 0 i e' \A/ ni(' ,640 rt. \ CI. \ 'c, \ -.N.01. \\N 4 t .A2 *19 S1136 ,cra6,57 "./Y /952 03 15 ifeep "so- 'fp -if eoe, 02 10 9 n'a96.re-'30"/Y 205:00 30