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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. PAGE 1 1 1 1 1 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 PAGE 2 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 PAGE 3 1 1 1 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, PAGE 4 6 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. PAGE 5 1 1 COUNCIL MEETING MAY 29, 1990 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' PAGE 6 7 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 PAGE 7 1 1 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 PAGE 8 9 9 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. PAGE 9 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 PAGE 10 104 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. PAGE 11 1 1 1 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 PAGE 12 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 PAGE 13 1 1 1 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 PAGE 1 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 PAGE 2 1 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. 107 106 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. 1 r 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. I 0 9 110 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. 1 1 1 1 111 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. -1- 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. -2- 1 1 1 1 1 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 -3- Ha old Bisel, H , y or 1 13