HomeMy WebLinkAbout05/29/1990 Council Minutes (2)COUNCIL MEETING
MAY 29, 1990
The regular meeting of the Lino lakes City Council was called
to order by may Bisel at 7:03 P.M., Monday, May 29, 1990.
Council Members present: Neal, Kuether, Reinert, Bohjanen.
Council Members absent: none. City Attorney, Bill Hawkins;
Engineer's, Dan Boxrud and Darrell Schneider; Planner, John
Miller; Public Works Director, Don Volk; Administrator, Randy
Schumacher and Clerk - Treasurer Marilyn Anderson were also
present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Work Session, April 16, 1990 - Council Member Neal
moved to approve these minutes as presented. Council Member
Bohjanen seconded the motion. Motion carried unanimously.
Council Work Session, April 26, 1990 - Council Member
Bohjanen moved to approve these minutes as presented.
Council Member'Neal seconded the motion. Motion carried
unanimously.
Council Work Session, May 14, 1990 - Council Member Neal
moved to approve these minutes as presented. Council Member
Kuether seconded the motion. Motion carried unanimously.
Regular Council Session, May 14, 1990 - Council Member
Kuether moved to approve these minutes as presented. Council
Member Bohjanen seconded the motion. Motion carried
unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
May, 29, 1990 Disbursements - Council Member Kuether
questions the disbursement for Pheromone Lures. Mr.
Schumacher explained that this disbursement is for traps for
pine bark beetles.
Council Member Reinert questioned the disbursement for
Zebart. Mr. Schumacher explained that this disbursement is
for several vehicles. He noted that Mr. Volk has the
vehicles inspected each year and if necessary has the rust
protection updated.
Council Member Neal noted the disbursement to Lino Lakes
Sports. It was explained that this item was paid for from
City funds and then the City was reimbursed.
Council Member Bohjanen noted the disbursement to Ace Solid
Waste and asked if the City was being reimbursed for these
charges. Mr. Schumacher said yes and there is an item at the
end of the agenda that will help explain this disbursement.
Council Member Reinert moved to approve this disbursement as
presented. Council Member Bohjanen seconded the motion.
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COUNCIL MEETING MAY 29, 1990
Motion carried unanimously.
Centennial Fire Department Disbursements - Council Member
Neal moved to approve these disbursements as presented.
Council Member Kuether seconded the motion. Motion carried
unanimously.
OPEN MIRE
No one appeared under Open Mike.
CONTINUATION OF PUBLIC HEARING, REZONE I35E CORRIDOR
Mayor Bisel opened the public hearing at 7:10 P.M. Mr.
Schumacher used the overhead projector to explained the area
that has been proposed to be rezoned and noted the area now
being proposed for rezoning. He noted that this matter was
before the Council several months ago and explained briefly
why the proposal was prepared by the Economic Development
Committee.
Mr. Schumacher explained that the current proposal includes
the formation of a Rural- Business Reserve (R -BR) District.
This district will be added to the City Code with all the
proper descriptions. Mr. Schumacher referred to his
memorandum to Mayor Bisel outlining the proposal for this
district. He noted the issues yet to be resolved are:
1. Size of the district: Original proposal 1600 acres
Current proposal 1200 acres
Resident proposal 660 acres
2. What will "trigger" the addition of acres to be zoned R-
BR.
3. Minimum lot size: Current proposal 20 acres
Resident proposal 10 acres
Mr. Schumacher noted the concerns of the residents living in
the affected area. The residents do not want to loose their
rights such as the ability to reconstruct a house if iR_: is
destroyed or damaged by fire, wind etc., or the abilit: to
get a home loan (some mortgage companies will not give
residential mortgages if the home is located on non-
residential property).
Mr. Schumacher explained the staff proposal for the
"triggering mechanism ". Currently the City has approx tely
400 acres zoned commercial /industrial. Once 50% of ti; land
is developed, the zoning line would move north approxi ely
one quarter (1/4) of a mile to encompass another 160 t 00
acres. This action would require another public hear such
as this hearing and that all notification and publicat
requirements be met. This would insure orderly comuset 1
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COUNCIL MEETING MAY 29, 1990
and industrial development which would be consistent with the
Comprehensive Land Use Plan. Mr. Schumacher noted that if a
landowner did not want to have his land rezoned, the Council
would have the option of zoning around his property.
Mr. Ron Marier, Noble Lane, North, Brooklyn Park explained
that he is representing twenty three (23) landowners and
noted that ninety (90) percent of them want the Council to
make the size of the new R -BR district 660 acres and wanted
the minimum lot size to remain ten (10) acres. These
landowners also want to be sure that the "triggering
mechanism" is in place. The remainder of the proposal is
acceptable to these landowners.
Council Member Kuether noted that she felt that the district
size should be 1200 acres. Council Member Bohjanen said that
he thought the current proposal made sense and could save a
lot of Council time. Council Member Reinert said he was
concerned because it appeared that there could be some spot
zoning. Mr. Marier explained that it would not be logical to
rezone the north properties until an interchange was
constructed at 80th Street and I35E.
Mrs. Lois Reller, 7897 - 24th Avenue told the Council that
she thought the size of the district should be 1200 acres and
blocks of land should not be cut out or blocked out of the
middle. She noted that cutting the district size to 660
acres could hold up development and block demand for the 80th
Street interchange. She felt it was the best proposal this
City has prepared in thirty (30) years. Mrs. Reller noted
that no one would loose any rights and development would come
in an orderly fashion. If development does not come, the
area still has Rural status.
Mrs. Reller thanked the Council for their time and commended
everyone who participated in preparing this recommendation.
Mayor Bisel explained that this has been a long and rocky
process. He thank everyone for participating in the
process. Mayor Bisel said he felt a 1200 acre district would
allow more flexibility in development and supported the
"trigger mechanism ". He asked the Council to consider the
entire package outlined in Mr. Schumacher's memorandum.
Concern was expressed regardint land owners within the 1200
acre area who did not want their land rezoned. Mrs. Reller
said if the Council did not rezone the entire 1200 acres, a
"hodge podge" zoning would occur. In addition the Council
would be going through this entire process sooner than
needed. She also noted that the 80th Street interchange
would be delayed because the land is not zoned for commercial
development.
Mr. John Bergerson, member of the Economic Development
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COUNCIL MEETING.
MAY 29, 1990
Committee spoke in favor of the 1200 acre district. He noted
that some development takes large tracts of land and wanted
the land available if it is needed. Mr. Bergerson also spoke
in favor of the "triggering mechanism" noting this gives
citizens time to prepare for advancing development.
Council Member Bohjanen moved to close the public hearing at
7:58 P.M. Council Member Neal seconded the motion. Motion
carried unanimously.
Mayor Bisel restated the three (3) major issues as outlined
in Mr. Schumacher's memorandum.
Council Member Bohjanen moved to approve a 1200 acre R -BR
district with a minimum lot size of ten (10) acres and the
creation of a "triggering mechanism" that would allow
additional acreage to be rezoned on a quarter (1/4) mile
basis as development moved north as outlined by the City
Administrator. Council Member Kuether seconded the motion.
Council Member Reinert asked for a clarification of where the
1200 acres are located. Mayor Bisel should the area on the
overhead projector.
Voting on the motion, Council Members Kuether, Reinert and
Bohjanen and Mayor Bisel voted yea, Council Member Neal voted
nay.
Mayor Bisel thank all the people for their concern,
courteousness and hard work on this matter. He also thanked
the Economic Development Committee. Mayor Bisel explained
that the residents have lost nothing and have been a major
part of the final proposal.
PUBLIC HEARING, REZONE REQUEST, BALDWIN LAKE COURT
Mr. Miller introduced this item and gave a brief background.
Mr. Howard, owner of Baldwin Lake Court is asking that about
seven (7) acres of land south of the Baldwin Lake Court be
rezoned for manufactured homes. Mr. Howard had requested
this same rezoning in 1989 and the request was denied. Mr.
Miller noted that the Design Review Board had reviewed the
request at two different meetings and have recommended denial
of the request. Mr. Howard's planner, Bill Chapman has
revised the site plan to rectify some of the Design Review.
Boards concerns, however not all of the concerns were
addressed.
Mk. Miller explained the current plan for development the
parcel. He read the reasons the Design Review Board d= ed
the request.
Mayor Bisel opened the public hearing at 8:20 P.M. Mr 'aul
Howard, 6333 Hodgson Road appeared with his attorney,
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COUNCIL MEETING MAY 29, 1990
Bannigan and planner, Bill Chapman. Mr. Howard asked that
Mr. Chapman present his plan for the area.
Mr. Chapman outlined the plan for installing twenty one (21)
manufactured homes on the parcel. He explained the site plan
and noted that some of the requests of the Design Review
Board were incorporated into the plan. Mr. Chapman also
noted that he did not feel that it was practical to
incorporate all of the suggestions such as the loop street
from the street to the north. He felt it would lead to
traffic congestion for residents trying to get onto Hodgson
Road.
Mr. Chapman explained that a set back of forty (40) feet is
planned for the southern boundary of the parcel. He noted
that this is possibly where a planned gravity sewer trunk
line may run in the near future. Mr. Miller explained a
larger easement for the trunk gravity line would be needed.
It was noted that the Planner indicated that no sewer
capacity was available in 1990 for the addition of twenty one
(21) manufactured homes. Mr. Howard said he would not be
completing his development until 1991 but would expect
capacity at that time.
Mr. Howard referred to the planned trunk line improvement and
noted that noone has ever drawn a line indicating where this
trunk line will run. He noted that he is ready to develop at
this time and felt he should not be delayed by something not
yet planned.
Julie Thell, 6482 - 12th Avenue noted that a man who lives in
the area and is developing says a lot. She noted that she
was not enthused by the addition of more mobile homes, but
noted that the newer homes are nice looking and the applicant
has "jumped through all of the hoops ". Ms. Thell noted that
Mr. Howard has spent a lot of money and has done a good job
and it would be appropriate to reward him.
William Morrison, 6297 Hodgson Road told the Council that he
would like the lot to stay as it is.
Paul Zak, 6238 Laurene Avenue told the Council that he was
opposed to the expansion of the Court. He felt it would
reduce property values in the area. Mr. Zak said he has
nothing against mobile home parks if they are managed
properly. He noted that with this many homes the area could
deteriorate quickly. Mr. Zak expressed concern regarding
screening proposed for the right of way on the south side of
the parcel. He noted that the screening could be removed at
any time if there is a problem with the trunk sewer line.
Mrs. Anderson read a letter received from Keith Morrison, 25
Holly Lane, Duluth, Mn. opposing the rezone request.
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Mr. Jim Holt, 6261 Laurene Avenue owner of two lots south of
the property to be rezoned asked how many times a person can
come before the Council with the same rezone request. Mr.
Schumacher explained that the applicant must wait one full
year after each denial before making another application.
Council Member Kuether asked Mr. Howard if he planned to sell
the lots or operate the area as rental property. Mr. Howard
said he would rent the lots and the residents would own their
homes.
Mr. Hawkins told the Council that this matter before them now
is a land use matter. The Council must determine if this is
the type of use best suited for this parcel.
Council Member Reinert expressed concern that if the Council
granted the rezone and there was no sewer capacity, the City
would be sued. He said he would rather deal with this
request when sewer is available. Mr. Hawkins noted that the
Council would not be telling Mr. Howard that the City is
giving him sewer capacity. He is taking a risk that the City
will give him capacity.
Council Member Bohjanen said he felt that Mr. Howard has
developed his Court nicely. He noted that "stick built"
homes deteriorate just as fast as manufactured homes.
Council Member Bohjanen asked how many times does Mr. Howard
have to defend himself? He felt that people who own property
should be allowed to do something with it.
There was discussion regarding how much moderate income
housing is required for Lino Lakes. Mr. Miller referred to
the Comprehensive Land Use Plan which does not indicate how
much of any type of housing is desirable. He also noted that
he has checked with Metropolitan Council and there is no law
or requirement to meet certain criteria with regard to types
of housing. Mr. Miller also noted that Lino Lakes does
provide a good amount of modest and moderate housing.
Council Member Bohjanen moved to close the public hearing at
9:17 P.M. Council Member Neal seconded the motion. Motion
carried unanimously.
Council Member Neal moved to Option No. 2, and rezone
approximately seven (7) acres of land from R -1 to R -6,
-.nuf,tctuLtt : ,Home=! Park. Council member Bohjanen secor d the
motion. On a roll calms vote, motion was defeated with
Council Member Kuether and Mayor Bisel voting no. May
Bisel explained that he voted no because he f- rI ;gas
to look forward to the future and thy- ty does have c 3rer
problem.
Council Member Kuether explained that she voted no be, e
she felt the City had a balance of entry level housin'
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COUNCIL MEETING MAY 29, 1990
should be trying to attract a higher level of housing.
The Council took a ten (10) minute break at 9:22 P.M.
PUBLIC HEARING, SUNRISE MEADOWS ASSESSMENTS, RESOLUTION NO.
28 - 90
Mr. Schneider explained that the assessment is complete and a
copy is on file in the City Clerks office. Mr. Schneider
used the overhead projector to show what area is involved and
how the assessment was determined. Mr. Schneider also
presented a cost summary to the Council.
Mr. Jack Menkveld, developer of Sunrise Meadows, was present
and noted that the project was a success. He explained that
he has already paid over $800,000.00 in pending assessments
and expects that nearly all of the assessments within Sunrise
Meadows will be paid yet this year.
Mrs. Beverly Landers, 7181 Sunrise Drive asked the Council if
her property is still included within the MUSA boundary.
Mrs. Landers was told that the east one half (1/2) of her
lot as well as all the lots on the west side of Sunrise Drive
are in the MUSA boundary. Mayor Bisel explained why a
portion of those lots are included. Mrs. Landers said she
was very upset because she felt that the residents on her
side of the street had been promised that they would be
removed from the MUSA boundary.
Council Member Reinert moved to close the public hearing at
10:07 P.M. Council Member Bohjanen seconded the motion.
Motion carried unanimously.
Council Member Reinert moved to approve Option No. 1 of Mr.
Schneider's "green sheet" and adopt Resolution No. 28 - 90.-
Council Member Bohjanen seconded the motion. On a roll call
vote, motion carried unanimously.
Resolution No. 28 - 90 can be found at the end of these
minutes.
DESIGN REVIEW BOARD REPORT - JOHN MILLER
Set Public Hearing for Preliminary Plat, Birch Woods, June
25, 1990, 7:15 P.M. - Council Member Bohjanen moved to set
this public hearing. Council Member Neal seconded the
motion. Motion carried unanimously.
Set Public Hearing for Conditional Use Permit for Brian
Soderman for Rock Gardens Nursery for June 25, 1990, 7:30
P.M. - Council Member Reinert moved to set this public
hearing. Council Member BoNanen seconded the motion. Mr.
Miller was asked if this business is in operation. It was
explained that they have installed some of the bins for their
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COUNCIL MEETING MAY 29, 1990
rock and an advertising sign is on the property. Mr. Miller
explained that Mr. Soderman should not be operating until the
Conditional Use Permit is approved.
Voting on the motion, motion carried unanimously.
Set Public Hearing for Conditional Use Permit for Sharon Gage
to expand Day Care Facility for June 25, 1990, 7:45 P.M. -
Council Member Reinert moved to set this public hearing.
Council Member Neal seconded the motion. Motion carried
unanimously.
Consideration of a Minor Subdivision for Steve and Linda
Bailey - Mr. Miller explained that Mr. and Mrs. Bailey own
twenty (20) acres on 20th Avenue and wish to divide it into
two (2) ten (10) acre parcels. The request meets all of the
conditions of the City Code. There are no buildings on the
parcels and the Baileys wish to sell both parcels. The
Design Review Board has recommended approval of the request.
Council Member Reinert moved to approve Design Review Board
application No. 90 - 23. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
ENGINEER'S REPORT - DARRELL SCHNEIDER AND DAN BOXRUD
Second Reading, Ordinance No. 03 - 90 Amending Street
Construction Standards, Dan Boxrud - Mr. Boxrud explained
that the first reading of this ordinance was at the May 14,
1990 Council meeting. A copy of the ordinance is attached to
those minutes. Council Member Bohjanen moved to approve the
second reading of Ordinance No. 03 - 90 and dispense with the
reading. Council Member Neal seconded the motion. On a roll
call vote, motion carried unanimously.
Second Reading, Ordinance No. 04 - 90 Amending the
Subdivision and Platting Code, Dan Boxrud - Mr. Boxrud
explained that the first reading of this ordinance was at the
May 14, 1990 Council meeting. A copy of this ordinance is
attached to those minutes. Council Member Reinert moved to
adopt the second reading of Ordinance No. 04 - 90 and
dispense with the reading. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimous:;.
Trunk Highway #49/ (CSAH) 23 Cooperative Agreement, Res( cation
No. 29 - 90, Resolution No. 30 - 90 and Resolution No. 11 -
90, Dan Boxrud - Mr. Boxrud explained that Anoka Count as
indicated that there this should be a four lane inters :ion.
He noted that since some of the improvement will be ir, xcle
Pines, that City should share in the cost. However, C °le
Pines has not yet been approached and asked to partic' e in
the costs.
Council Member Neal questioned the cul -de -sac at the
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COUNCIL MEETING MAY 29, 1990
end of Sunrise Drive. He asked if the residents have been
informed. Mr. Boxrud said that residents have not been
notified. He also noted the curve in North Road as it
approaches Lake Drive (CSAH #23). Mr. Boxrud explained that
it is a thirty (30) mile an hour curve and it a standard
design.
Council Member Reinert moved to adopt Resolution No. 29 - 90.
Council Member Neal seconded the motion. On a roll call vote
motion carried unanimously.
Resolution No. 29 - 90 can be found at the end of these
minutes.
Council Member Reinert moved to adopt Resolution No. 30 - 90.
Council Member Bohjanen seconded the motion. On a roll call
vote, motion carried unanimously.
Resolution No. 30 - 90 can be found at the end of these
minutes.
Council Member Bohjanen moved to approve Resolution No. 31
31 - 90. Council Member Reinert seconded the motion. On a
roll call vote, motion carried unanimously.
Resolution No. 31 - 90 can be found at the end of these
minutes.
Presentation and Acceptance of Oak Brook Peninsula
Environment Assessment Worksheet and Authorizing Circulation
for Review, Dan Boxrud - Mr. Boxrud explained that Mr.
Adamson, developer of Oak Brook Peninsula has prepared an
Environmental Assessment Worksheet (EAW) and it is ready for
distribution to all the necessary governmental units. The
next step is to accept the EAW and authorize its distribution•
for comments. This will take about six (6) weeks. If no
significant environmental concerns are raised, the City
Council could then make a negative declaration. This would
mean that the City Council is declaring that there are not
significant negative impacts of the proposed development.
Mr. Adamson can then continue his platting process.
Mr. Bob Adamson was in the audience and noted that the plat
is very small and expressed reservation about this process.
Mayor Bisel explained that the Council had received a
petition and therefore the process will continue. Mr.
Adamson said if this would make the residents happy he would
continue.
Council Member Reinert moved to accept the EAW and to
authorize its distribution for comment to other governmental
units. Council Member Bohjanen seconded the motion. On a
roll call vote, motion carried. Council Member Kuether was
out of the Council chambers during this vote.
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COUNCIL MEETING MAY 29, 1990
Consideration of Authorization for TKDA to Prepare a
Feasibility Report for the Chomonix Area Trunk Sewer,
Resolution No. 34 -90 - Mr. Schneider explained that this
matter was discussed earlier at the Work Session. He
recommended that the Council make a submittal to Metro Waste
Control requesting financial assistance in the improvement of
the gravity trunk line since the deep gravity line will
eliminate the need for two (2) MWCC lift stations in Lino
Lakes. He also recommended that the Council approve the
preparation of a feasibility report so that a study can be
made to determine depth of the gravity line and costs. When
this information is available, developers in that area will
be informed as to what depth the trunk lines must be
constructed and what their costs will be.
Council Member Bohjanen moved to adopt Resolution No. 34 - 90
authorizing TKDA to prepare the feasibility report. Council
Member Kuether seconded the motion. On a roll call vote,
motion carried unanimously.
SECOND READING, ORDINANCE NO. 06 - 90 CHANGING REGULAR
COUNCIL MEETING HOURS, RANDY SCHUMACHER
Mr. Schumacher explained that this ordinance was introduced
at the May 14, 1990 Council meeting. A copy of the ordinance
is attached to those minutes. Council Member Reinert moved
to adopt the second reading of Ordinance No. 06 - 90 and
dispense with the reading. Council Member Bohjanen seconded
the motion. On a roll call vote, motion carried unanimously.
SECOND READING, ORDINANCE NO. 07 - 90 DEFERMENT OF SPECIAL
ASSESSMENTS, RANDY SCHUMACHER
Mr. Schumacher explained that this ordinance was introduced
at the May 14, 1990 Council meeting. The Council changed the
interest rate in the ordinance to reflect two (2) percent
over the City's borrowing rate. No other changes were made.
This ordinance can be found at the end of the May 14, ;990
minutes.
Council Member Reinert moved to adopt the second readi of
Ordinance No. 07 - 90 and dispense with the reading. ?uncil
Member Bohjanen seconded the motion. On a roll call v. e,
motion carried with Council Member Kuether absent at t time
of voting.
EMERGENCY ORDINANCE, ORDINANCE No. u 90, D!T,L HAWK/.
M- ^ :ins explained that he had received notice that ere
was a resident of this City that was intending to brie
cougar to her home. Since non - domesticated animals c. ose
a danger to the area and cause liability for the City is
recommending that the Council adopt Ordinance No. 09
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COUNCIL MEETING
MAY 29, 1990
regulating the keeping of non - domesticated animals.
Mayor Bisel said he was uncomfortable with an emergency
ordinance, and hoped in the future such situations can be
addressed before they become emergencies.
Council Member Reinert moved to adopt Emergency Ordinance No.
09 - 90 according to the City Attorney's recommendations.
Council Member Neal seconded the motion. On a roll call
vote, motion carried with Council Kuether absent at the time
of voting.
Ordinance No. 09 - 90 can be found at the end of these
minutes.
OLD BIISINESS
Consideration of the North Metro Development Association
Agreement, Randy Schumacher - Mr. Schumacher reminded the
Council that Joseph Strauss made a presentation to the
Council on May 14, 1990 regarding the North Metro Mayor's
Association and their accomplishments since the association
was established. There was discussion regarding the
accomplishments of the organization and how Lino Lakes could
benefit by becoming a member. Mr. Schneider explained their
accomplishments in the City of Champlin. Mr. Schumacher
noted the amount of dues that would be payable and
recommended that the City become a member of the association
and then evaluate the benefits in one (1) year.
Council Member Reinert moved to have Mr. Schumacher enter an
agreement with the North Metro Development Association and
take the dues from the Economic Development Committee funds.
Council Member Bohjanen seconded the motion. On a roll call
vote, motion carried unanimously.
NEW BIISINESS
Consideration of a Request for a Block Party - Mrs. Anderson
explained that she has received a request for a block party
in the D. Erickson's Second Addition. The request has been
approved by the Public Works Department and the Police
Department. Council Member Bohjanen moved to approve the
request. Council Member Neal seconded the motion. Motion
carried unanimously.
Consideration of Accepting a Perpetual Easement from John
LeBlond, Surface Water Management Section 18, 19 - Mr.
Hawkins explained that this is one of several easements that
will be presented to the Council for this improvement. He
recommended that the Council approve the easement. Council
Member Reinert moved to accept the perpetual easement from
John LeBlond. Council Member Bohjanen seconded the motion.
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COUNCIL MEETING MAY 29, 1990
On a roll call vote, motion carried unanimously.
Consideration of Dance License Request, Lee's of Lino Lakes -
An application for a Dance License has been received from
Lee's of Lino Lakes. Mrs. Anderson explained that this
license will expire on June 30, 1990 and Lee's will apply for
renewal during June. Council Member Reinert moved to approve
the Dance License for Lee's of Lino Lakes. Council Member
Bohjanen seconded the motion. On a roll call vote, motion
carried unanimously.
Consideration of Adding Prudential Bache to the Depository
List - Mr. Schumacher explained that he would like to be able
to check with this firm for competitive bids when investing
for the City. Council Member Neal moved to approve adding
Prudential Bache to the depository list. Council Member
Kuether seconded the motion. On a roll call vote, motion
carried unanimously.
Tentative Work Session, June 4, 1990. - This meeting was set
for 3:00 P.M.
Storm Water Drainage Easements "Quick Take" - Mr. Hawkins
explained that the City is in the process of acquiring
easements for street and storm water drainage purposes. The
period for "Quick Take" is here and if the City wishes to get
onto the property to start construction, the City will have
to pay the amount of the appraisal. He noted that when this
matter reaches the courts, the award may differ and an
adjustment will be made at that time. Council Member Reinert
moved to approve the "Quick Take" for street and storm water
drainage improvements. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
Joint Powers Agreement, Waste Abatement - Mr. Schumacher -
explained that the City has been participating in Anoka
County's Solid Waste Abatement Program for the past three (3)
years. This year the City is eligible for approximately
$41,000.00 in reimbursements. A Joint Powers Agreement is
necessary to acquire the funding.
Council Member Reinert moved to adopt the 1990 - 1991 4. int
Powers Agreement. Council Member Bohjanen seconded the
motion. On a roll call vote, motion carried unanimous �.
Centerville Police Contract - Mr. Neal noted that this
Council had made a decision some time ago to start wor on
c.0r- '-ract well before budgets were set for bath
Centerville and Lino Lakes. He nctad Lliat tnis matter s now
under discussion by comc Centerville Council Members a
letter :.: ueen received by this City from the City 0
Centerville on the matter.
Council Member Reinert suggested that this Council si wn
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COUNCIL MEETING MAY 29, 1990
with the Centerville City Council and come to an agreement of
what is needed.
Mayor Bisel said that as he recalled, this Council had
decided to ask Centerville what type of coverage and how much
coverage they were looking for. When this information is
received, then this City can bid on a contract and so can any
other city or the Sheriff's Department.
Mr. Neal said that Centerville is satisfied with the coverage
they currently have but are concerned about the cost of the
1991 contract. They would like to negotiate with Lino Lakes.
Mayor Bisel asked that a meeting be set with the City of
Centerville. The Lino Lakes Council will meet one half (1/2)
hour earlier to clarify the Lino Lakes position.
Council Member Reinert moved to adjourn at 11:20 P.M.
Council Member Bohjanen seconded the motion. Aye.
These minutes were considered, corre ted and accepted at a
regular Council meeting held on Jun 11, 1990.
arold L. Bise , Mayor
�
Mari�y�n CAS Anderson, Cler -Treasurer
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CITY OF LINO LAKES
RESOLUTION NO. 28 - 90
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF SUNRISE
MEADOWS AND SURROUNDING AREAS
WHEREAS, pursuant to proper notice duly given as required
by law, the Council has met and heard and passed
upon all objections to the proposed assessment for
the above improvement of Sunrise Meadows and
Surrounding Areas
NOW THEREFORE, EE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of fifteen years,
the first of the installments to be payable on or before
the first Monday in January, 1991 and shall bear
interest at the rate of nine and one quarter (9 1/4) per
cent per annum from the date of the adoption of this
assessment resolution. To the first installment shall
be added interest on the entire assessment from the date
of this resolution until December 31, 1990. To each
subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of pay eat,
to the City Treasurer, except that no interest she 1 be
charged if the entire assessment is paid within th rty
(30) days from the adoption of this resolution; ar he
may at any time thereafter, pay to the City Treast. er
the entire amount of the assessment remaining unp: 1,
with_.i.nterest.. accrued to December 31, of the year
which such payment is made. Such payment must be de
before October 15, or interest will be charged th gh
December 31 of the next succeeding year.
4 The Clerk shall forthwith transmit a certified da cate
of this assessment to the County Auditor to be a ded
on the property tax lists of the County. Such
assessments shall be collected and paid over in same
manner as other municipal taxes
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10 i
CITY OF LINO LAKES
Resolution No. 28 - 90
Adopted by the County this 29th day of May, 1990.
Harold L. Bisel, Mayor
Mar 1yn(jG. Anderson, Clerk - Treasurer
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Council Member Reinert introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 29 - 90
RESOLUTION REQUESTING MN /DOT TO ENTER INTO A COOPERATIVE
CONSTRUCTION AGREEMENT REFERENCING THE MAY 22, 1990 CONCEPT
PLAN AND THE PROPOSED COST SHARING FORMULA
WHEREAS: The intersection of Trunk Highway #49 (Hodgson
Road) and CASH #23 (Lake Drive) is dangerous and
many accidents are recorded each month, and
WHEREAS: A development plan for the area around the
intersection has been completed and the new
development plan is based on the new intersection
concept,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
that the City of Lino Lakes request that Mn /DOT enter
into a cooperative construction agreement with the City
of Lino Lakes for the improvement of the Trunk Highway
#49 (Hodgson Road) and CASH #23 (Lake Drive)
intersection as outlined in the May 22, 1990 concept
plan and proposed cost sharing formula.
Adopted by the Council this 29th day of May, 1990.
Harold L. Bisel, Mayor
Marilyn/ G. Anderson, Clerk- Treasurer
The motion for the adoption of the foregoing resolutic was
duly seconded by :,ou....il Member _Ilea' anc pen
voted being taken thereon, the following voted in favc Neal,
Kuether, Bisel, Reinert, Bohjanen.
The following voted Q y, ,,- saluc:
None.
Whereupon the resolution was declared duly passed and
adopted.
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106
Council Member Reinertintroduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 30 - 90
RESOLUTION REQUESTING ANOKA COUNTY TO PARTICIPATE IN THE
IMPROVEMENT OF THE INTERSECTION AT TRUNK HIGHWAY 349 (HODGSON
ROAD) AND CASH *23 (LAKE DRIVE)
WHEREAS: The intersection of Trunk Highway #49 (Hodgson
Road) and CASH *23 (Lake Drive) is dangerous and
many accidents are recorded each month, and
WHEREAS: A development plan for the area around the
intersection has been completed and the new
development plan is based on the new intersection
concept,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
that the City of Lino Lakes request Anoka County to
participate in the improvement of the intersection of
Trunk Highway *49 (Hodgson Road) and CASH #23 (Lake
Drive) with County funds requested for 1991 per County
cost sharing formula Exhibit "B" which is attached.
Adopted by the Council this 29th day of May, 1990.
Harold L. Bisel, Mayor
Mar lyn�/G. Anderson, Clerk- Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Bohjanen and upon vote
being taken thereon, the following voted in favor: Kuether,
Neal, Bisel, Bohjanen, Reinert.
The following voted against same: none.
Whereupon the resolution was declared duly passed and
adopted.
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Council Member Bohlanen introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 31 - 90
RESOLUTION REQUESTING MN /DOT TO RECONVEY RIGHT -OF-
WAY /EASEMENTS WHICH MAY BECOME EXCESS AS A RESULT OF THIS
PROJECT
WHEREAS: the City has determined that the improvement of
Trunk Highway #49 (Hodgson Road) and CASH #23 (Lake
Drive) will eliminate a dangerous intersection. and
WHEREAS: a development plan for the area around the
intersection has been completed and the new
development plan is based on the new intersection
concept, and
WHEREAS: there may be excess right -of- way /easements as a
result of the completion of the intersection
improvement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
that the City of Lino Lakes requests that MN /DOT
reconvey any excess right -of- way /easements which may
become excess as a result of this improvement.
Adopted by the Council this 29th day of May, 1990.
Maril
Harold L. Bisel, or
Anderson, Clerk- Treasurer
The motion for the adoption of the
duly seconded by Council Me.,.-1='a.
being taken therenn, the following voted in favor:
Bohjanen, Neal, Kuether, Bisel.
foregoing resoluti, was
Rei-ue i and upon
The following voted against same: None.
Re :. t,
Whereupon the resolution was declared duly passed any'
adopted.
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110
Council Member Bohjanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 34 - 90
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT OF
CHOMONIX AREA TRUNK SEWER
WHEREAS: it is proposed to construct a gravity trunk sewer
line from the intersection of Birch Street and West
Shadow Lake Drive to the Laurene Avenue lift
station and to assess the benefited property for
all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429 and the
Lino Lakes City Charter,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
That the proposed improvement be referred to Darrell
Schneider, Toltz, King, Duvall, Anderson and Associates
for study and that he is instructed to report to the
Council with all convenient speed advising the Council
in a preliminary was as to whether the proposed
improvement is feasible and as to whether it should best
be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement
as recommended.
Adopted by the Council this 29th day of May, 1990.
Qthc
LI-7/142.1yn
L
Harold L. Bise , Mayor
Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution wad
duly seconded by Council Member Kuether and upon vote being
taken thereon, the following voted in favor: Neal, Kuether,
Bisel, Reinert, Bohjanen.
the following voted against same: none.
Whereupon the resolution was declared duly passed and
adopted.
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111
ORDINANCE NO. 09 - 90
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
The City Council of the City of Lino Lakes has determined that
an emergency exists in the City of Lino Lakes as the result of
intent by certain individuals to keep non - domesticated animals
within the City.
The Lino Lakes City Code is amended by adding a chapter
regulating the keeping of non - domesticated animals in the City
of Lino Lakes to read as follows:
Section 1. Definitions.
A. Non - Domesticated Animal. Any animal, reptile or fowl,
which is not naturally tame or gentle but normally is wild in
nature or disposition and which, because of its size, vicious
nature or other characteristics would constitute a danger to
human life or property.
Section 2. Animals Prohibited.
No person shall keep, maintain or harbor within the City of
Lino Lakes any of the following animals:
law.
1) Any animal or species prohibited by Minnesota or Federal
2) Any non - domesticated animal or species, including but
not limited to the following:
a) Any skunk, whether captured in the wild,
domestically raised, de- scented or not de- scented, vaccinated
against rabies or not vaccinated against rabies;
b) Any large cat of the family Felidae such as lions,
tiger, jaguars, leopards, cougars and ocelots, except commonly
accepted domesticated house cats;
c) Any member of the family Canidae, such as wolves,
foxes, coyotes, dingoes and jackals, except domesticated dogs;
d) Any poisonous viper;
e) Any other animal which is not listed explicitly
above, but which can be reasonably defined by the terms in
Section 2 of this ordinance, including but not limited to, bears
and badgers.
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Section 3. Selling Prohibited. No person shall offer for
sale, within the city limits, any animal prohibited in Section 2
of this ordinance.
Section 4. Exceptions.
A. Any person desiring to keep animals prohibited under
Section 2 of this ordinance shall obtain a temporary permit from
the City. Such a permit may be issued for a period not to
exceed thirty (30) days and shall specify further conditions
under which such animals shall be kept. Provided, however, that
no such permit may be issued unless such prohibited animal is
brought into the city for entertainment, exhibition, show or
promotional purposes only. A public zoo or other institution
engaged in a permanent display of animals may be issued a
special use permit provided applicable zoning requirements are
met.
B. Non - poisonous snakes, birds kept indoors, hamsters,
mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or
lizards, and similar small animals capable of being maintained
continuously in cages are also exempt and do not require a
permit.
C. Persons keeping animals for a public zoo as volunteers,
docents or otherwise, any bona fide research institution or
veterinary hospital are exempt from the permit requirement;
provided protective devices adequate to prevent such animals
from escaping or injuring the public are provided.
D. Handicapped persons keeping monkeys trained as household
helpers are exempt from the permit requirements.
Section 5. Impounding of Non - Domesticated Animals.
Any non - domesticated animal kept in violation of this
ordinance may be impounded by the City, and, after being so
impounded for ten (10) days or more without being reclaimed by
the owner, may be destroyed, sold, or otherwise disposed of.
Any person reclaiming any such impounded animal shall pay the
costs of impounding and keeping the same.
Section 6. Existing Non - Domesticated Animals. Any
non - domesticated animal which is being kept or maintained at the
time this ordinance is adopted may be impounded if the keeping
or maintaining of said non - domesticated animal is determined by
the City Council to be a threat to the public health, safety and
general welfare. The person or persons keeping or maintaining
any non - domesticated animal that has been determined by the City
Council to be a threat to the health, safety and general welfare
shall have ten (10) days in which to comply with the provisions
of this ordinance. Extensions beyond ten (10) days may be
granted for just cause by the City Council.
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Section 7. Penalty.
Any person, firm, corporation, or voluntary association
which violates any provision of this ordinance shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished
as defined by State law.
Section 8. Effective Date.
This emergency ordinance shall take effect and be in force
upon its passage and publication as required by law.
Passed this 29th day of May , 1990 by the
Lino Lakes City Council.
Attest:
CITY OF LINO LAIC
Anderson, Clerk- Treasurer
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Ha old Bisel, H , y or
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