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HomeMy WebLinkAbout09/24/1990 Council Minutes (2)COUNCIL MEETING SEPTEMBER 24, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 6:30 P.M., Monday, September 24, 1990. Council Members present: Kuether, Reinert, Bohjanen. Council Member Neal was absent. City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Administrative Assistant and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES September 10, 1990 - These minutes were delivered to the Council this afternoon with a note asking that the Council delay action on them until the next Council meeting. Council Member Reinert moved to delay action on these minutes until October 8, 1990. Council Member Bohjanen seconded the motion. Motion carried with Council Member Kuether abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS September 24, 1990 - Council Member Bohjanen moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Kuether moved to approve these disbursements as presented. Council Member Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Jim Gaage, 359 Thomas Street appeared before the Council to ask why he is being charged for the City Planner's time at $55.00 per hour. He explained that he was required to apply for a conditional use permit when he wanted to expand his day care facility. It was determined that a conditional use permit was not needed due to a change in state law, however, he was still charged for applying for the permit. Mr. Miller explained the amount of time he had expended on the application, noting that he had not charged for all the time actually spent the review, report, visiting the site, etc. Mr. Gage said he needed some explanation and noted that it was ironic that the conditional use permit was not needed at all. Marilyn Anderson, City Clerk, Review of Primary Election Mrs. Anderson gave a brief overview of the primary election. She noted that this was the first time the Unisys acu -vote tabulating equipment was used throughout Anoka County. The equipment worked without a flaw in Lino Lakes and with much of the same success throughout the County. Mrs. Anderson noted that there is more work required of each municipality with this equipment, however the voter should be more comfortable and there is a time savings because the Election PAGE 1 1 1 COUNCIL MEETING SEPTEMBER 24, 1990 Judges are not required to count ballots. Mrs. Anderson expressed her appreciation to the Chief Election Judges and especially to Marge Roisum. DESIGN REVIEW BOARD REPORT - JOHN MILLER Variance - Robert T. Nelson - Mr. Nelson, 6733 East Shadow Lake Drive is applying for a variance to setback requirements so that he can build a 7'x 24' addition to the north side of his home. The variance approval will allow Mr. Nelson to build the addition to within 5.7 of the north side lot line. Mayor Bisel asked if there would be a problem if the resident to the north of this lot wished to build an addition to his home. Mr. Miller explained that the attached garage for that dwelling is on the south side of that lot. Mr. Miller explained that the DRB has recommended approval of the variance based upon six (6) findings of fact listed in the September 12, 1990 DRB minutes. Council"Member Reinert moved to approve the recommendation of the DRB and grant a variance to Robert T. Nelson, DRB application No. 90 - 50. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Minor Subdivision, Earl Olson, 1210 Main Street - Mr. Miller explained that Mr. Olson owns approximately 35 acres of land now divided into three different parcels. He wishes to combine the parcels and then divide the one (1) parcel into three (3) ten acre and one (1) five acre lots. This procedure would eliminate the one (1) two (2) acre parcel that is presently landlocked and add three (3) acres to the current two (2) acre parcel making it less non - conforming. This will create three (3) ten (10) acre saleable parcels - with access to Main Street. Council Member Kuether explained that she is representing Mr. Olson and will abstain from voting on this matter. Mr. Miller noted that the DRB has recommended approval of this request contingent upon review by the Anoka County Highway Engineer and granting of driveway permits by the County, payment of $1,200.00 for park dedication, submission of soil borings and perculation tests and indication that the lots are buildable and meet proper setback requirements from the Minnesota Pipe Line easement. Mr. Miller explained that a ghost plat has not been prepared for this area since the pipe line easement and large amount of wetlands almost makes ghost platting impossible. It was noted that a mobile home is located on one (1) of the parcels. Mr. Miller said that he has talked to Mr. Olson PAGE 2 COUNCIL MEETING SEPTEMBER 24, 1990 about the mobile home and Mr. Olson indicated that it will be moved prior to a request for a building permit for the lot. Council Member Bohjanen moved to approve the request for a minor subdivision for Earl Olson subject to the items listed in the DRB minutes of September 12, 1990. Council Member Reinert seconded the motion. On a roll call vote, motion carried with Council Member Kuether abstaining. Rezone - Pheasant Hills, Set Public Hearing for October 22, 1990, 7:00 P.M. - Council Member Bohjanen moved to set this public hearing. Council Member Reinert seconded the motion. Motion carried unanimously. Conditional Use Permit - Adams Outdoor Sign Company, Set Public Hearing for October 22, 1990, 7:15 P.M. - Council Member Reinert moved to set this public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. ENGINEER'S REPORT Resolution No. 71 - 90 Awarding Bid for White Tail Ridge Improvement, Dan Boxrud - Mr. Boxrud explained that he has prepared a revised "green sheet" for this agenda item. Bids were received for the improvement and all bids were at least 10% over the engineer's estimated cost. According to the City Charter bids cannot be awarded. Mr. Boxrud explained that during the design process, it was determined that maps used to estimate the improvement costs were not reliable. Several other factors also led up to the bids being higher than the cost estimate. The property owners in the area have suggested that the project be modified to reduce costs. They suggest narrowing the street to twenty eight (28) feet. This would be in conflict with the City Code. However, a variance may be in order if the Council considers that Rolling Hills Drive is only twenty (20) feet wide, Reiling Road is twenty four (24) feet wide and the entire neighborhood will continue to experience a very low traffic count. A narrow street would be consistent with the immediate neighborhood. Mr. Boxrud presented a second option to the Council. He suggested that thisproject be rebid with another larger project. This could lower unit costs. There will probably be several other larger projects bid this coming winter or early spring. Mr. Boxrud recommended that this improvement not be modified and rebid later with a larger project. Mr. Dennis Smith and Mr. Dennis Cheesebrow explained that they were concerned about the delay this recommendation would cause. They wanted the project started this fall so that they could be assured -that they could start building their PAGE 3 1 1 1 1 COUNCIL MEETING SEPTEMBER 24, 1990 homes in the spring and be in their homes before school started next fall. Mr. Cheesebrow explained that originally it was their intention of only extending Reiling Road which is a twenty four (24) foot wide roadway. He was unaware that the extension was eight (8) feet wider. He asked why would you complete Reiling Road eight (8) feet wider that the original portion. He felt that by narrowing the pavement, the street would fit into the neighborhood better and the project would go ahead this fall. Mayor Bisel explained that this would be setting a precedence and would be allowing one (1) more exception. Mr. Smith asked if the Council could guarantee that their improvement project would be done before the larger project that it is bid with. Mr. Boxrud said that normally the smaller project is the lead project while the contractor is setting up the larger project. Council Member Bohjanen moved to reject all bids and direct that the protect be rebid with another project in order to lower the unit prices. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. SECOND READING, ORDINANCE NO. 10 - 90, REZONE I35E CORRIDOR FROM RURAL (R) TO RURAL - BUSINESS RESERVE (R -BR) Council Member Bohjanen moved to approve the second reading of Ordinance No. 10 - 90 and dispense with the reading. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 10 - 90 can be found at the end of these minutes. PUBLIC HEARING - CHOMONIB TRUNK SEWER IMPROVEMENT - DARRELL SCHNEIDER Mr. Schneider used the overhead projector and outlined the project and the proposed costs. The project proposed to construct a gravity deep trunk sewer main from the vicinity of Birch Street and West Shadow Lake Drive south and southwest to near the intersection of Ware Road and 62nd Street. Mr. Schneider noted that a neighborhood type meeting had been held with the affected property owners and most of this material had been presented to them. Mr. Schneider also outlined a preliminary assessment roll and explained how it had been prepared. Notices regarding the public hearing this evening have been mailed to the affected property owners and he also noted that the alignment is approximate and may vary in the final stage. The total estimated cost of this improvement is $1,148,000.00. A proposed construction schedule was also outlined by Mr. Schneider. Mayor Bisel opened the public hearing at 8:02 P.M. PAGE 4 22 COUNCIL MEETING SEPTEMBER 24, 1990 Rick Carlson, Carlson Dropps and Associates, owner of PineRidge thanked Mr. Schneider for his presentation. He asked if the overhead listed in the costs contain the 10% contingency. He also asked if this amount is included in his revised feasibility study for PineRidge. Mr. Carlson asked if the trunk sewer originally designed to go south of PineRidge and now moved north into PineRidge would increase any of his costs. Mr. Schneider explained that all costs are included in the $1,148,000.00 figure. This includes cost of right -of -way acquisition and overhead. Mr. Schneider paraphrased Mr. Carlson's question regarding original costs by saying that Mr. Carlson's cost will be based on front footage. The property to the south of his development will have to build sub -trunk sewer lines and this will be their cost. The idea is that everyone pays the same trunk costs. Mr. Carlson asked if units being developed today pay for the entire trunk line. Mr. Schneider explained that unit charges will be coming from the entire service area as the area develops. There is also an area north of Birch Street that will contribute unit costs when it develops. Mort Huber, Developer of Paul Montain Property explained to the Council that his development is willing to pay its fair share of the costs. Council Member Bohjanen moved to close the public hearing at 8:15 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Bisel explained that this begins the sixty (60) day waiting period. Mr. Schneider asked if plans and specifications could be completed during this period. Mr. Hawkins explained that it could be risky since this is the period when the Council could receive petitions again the improvement. Mr. Schneider suggested that petitions for the improvement could be developed. REPORT FROM DEVELOPMENT SERVICE COMMITTEE ON CHOMONIX TRUNK SEWER, DARRELL SCHNEIDER Mr. Schneider explained that on August 13, 1990 the Council authorized a committee consisting of Council Member Kuether, Public Works Director, Don Volk, and Engineer's Darrell Schneider and Dan Boxrud. The purpose of this committee was to meet and develop a program for interim service for the Chomonix Trunk Sewer area. This committee has met three (3) times and has had several meetings with affected property owners. Various routes and alternative plans have been discussed. PAGE 5 1 1 COUNCIL MEETING SEPTEMBER 24, 1990 Mr. Miller explained that the owners of Birchwood subdivision have indicated that they do not want to wait for construction of the deep trunk sewer line and had indicated they would like an interim method of letting service to a portion of their property. Mr. Schneider has indicated that this is a possibility. The concern now developing involves who will be the engineer of record for the development of the interim service lines within the Birchwood subdivision. Mr. Miller noted that because of the complexity of this project, the critical timing of construction and the sensitivity of this work to be the subject of review by the MWCC, he would strongly recommend that the City maintain control of the project by having SEH as the designated engineer for this improvement. Mr. Miller explained that MWCC is no longer angry with Lino Lakes and is more than willing to be fair and may help pay for a portion of the improvement. Mr. Huber, 6110 Bald Eagle Blvd., developer of Birchwood subdivision explained that he purchased this property a couple of years ago. He noted that he has complied with all City Codes and requirements and requested that he be allowed to use his own engineers and surveyors. Mr. Huber said he feels that the City has changed the rules in the middle of the game since the code changed after he originally purchased the property. He noted that he has contracted with an engineering company and must pay them whether or not their services are used. Mr. Huber said that his improvement is not complex and his engineers are bonded. In addition, they cost a lot less that the City Engineers. He said that since engineers all have the same education, he did not want to pay the high cost of the City Engineer. Mayor Bisel told Mr. Huber he understood what Mr. Huber was saying. He noted that the City Engineers are concerned with his development as well as with development in the entire City. Mayor Bisel noted that the City Engineers have established a rapport with the City and he felt confic't using them. He asked Mr. Huber to look at the entire icture and said that the Council would take his comments int<.: consideration. Council Member Reinert asked what would happen if thi ity allowed every developer to bring in their own engineer Mr. Huber said it happens in St. Paul. Mr. Huber explair that one and one half (1 1/2) years ago he was told he coy use his own engineer. Some time during this period, the es have changed. Council Member Reinert asked who gave Huber this information. Mr. Miller said he visited Mr. Huber when this issue was raised. Under the Improvea Policy it is up to the discretion of the Council to c wine who would be the engineer of record. He also told Mx Aber about other developments where the developer used hi engineer and there were many problems. Mr. Huber sa PAGE -6 0 COUNCIL MEETING SEPTEMBER 24, 1990 felt this policy was selective. He asked if there was a motion to allow this developer to use his own engineer. Mr. Miller said he tried to tell Mr. Huber that the engineer issue could go either way. Mr. Huber said that he felt the City was "picking" on him and objected vehemently. He said that he wanted to see that the Council voted to allow the other developers to use their own engineers. Mayor Bisel thanked Mr. Huber for his opinion and noted that the Council must take action in the best interest of Lino Lakes. Mr. Huber said that he was told he could use his own engineers and did everything else the City wanted. Council Member Reinert said that the rules have not been changed. Mr. Huber said that he would let his eighteen (18) lots sit rather than have SEH perform the engineering work. Council Member Kuether moved to table the matter of engineering until the next Council meeting to allow time to research minutes, minds and discussion of three (3) projects where private engineers were used. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Reinert noted that the City policy on this matter may need to be strengthened so that there will be as few mistakes as possible. PUBLIC HEARING, CONDITIONAL USE PERMIT, ANOKA COUNTY CORRECTIONS DEPARTMENT - JOHN MILLER Anoka County has leased space from the Minnesota Correctional Facility on 4th Avenue for several years. Recently the County purchased land from the Correctional Facility and has now submitted a site and building plan to construct a residential facility on the site. The building will have two levels and the exterior will be of brick with an asphalt shingled roof. The intended use of the building is for - juvenile detention and shelter care. It is not intended for the use of felony juveniles. Mayor Bisel opened the public hearing at 9:02 P.M. Mr. Vern Watten, Director of Correction outlined the floor plan of the building and noted that it is designed to blend into the landscape. He also explained that it would contain twelve (12) classrooms and twenty six (26) sleeping areas. Bids for the building will be taken on Thursday, September 27, 1990 and the building is• planned to be completed in 1991. There was no one in the audience to speak for or against the proposed plan. Council Member Bohjanen moved to close the public hearing at 9:08 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve DRB application No. 90 - 45 approving the site and building plan for the Anoka County Department of Corrections. Council Member Bohjanen PAGE 7 1 1 1 COUNCIL MEETING SEPTEMBER 24, 1990 seconded the motion. On a roll call vote, motion carried unanimously. Council Member Bohjanen moved to approve DRB application No. 90 - 47 approving a Conditional Use Permit for the construction of a public /semi public building for Anoka County Department of Corrections. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. The Council took a five minute recess at 9:12 P.M. ASSESSMENT HEARING, WEST CENTRAL TRUNK SEWER AND WATER, RESOLUTION NO. 72 - 90 Mr. Schneider explained the location of this improvement and that assessment rates were calculated according to the formula outlined in the revised Public Improvement Financing Policy. He noted that Kenneth Tilsen has filed an objection to his assessment. Mr. Tilsen was under the impression that he would have a deferment until actual development began on his property. Mr. Tilsen has also indicated that he has had a problem selling this property. Mr. Tilsen originally filed a petition for the improvement before actual construction of the improvement began. Mayor Bisel opened the public hearing at 9:28 P.M. There was no one in the audience to speak for or against this matter. Council Member Bohjanen moved to approve the assessment as presented and approve Resolution No. 72 - 90. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. The public hearing was closed at 9:30 P.M. (There was no motion.) Resolution No. 72 - 90 can be found at the end of these minutes. ASSESSMENT HEARING, RESHANAU LAKE ESTATES SOUTH, SECOND AND THIRD ADDITIONS, RESOLUTION NO. 73 - 90 Mr. Schneider explained that according to Mr. Uhde's development agreement, the Third Addition cannot be assessed until 1991. This public hearing this evening will only address the Second Addition. Mr. Schneider outlined the improvement. He noted that Mr. Uhde has filed an objection to the assessment on the Second Addition and outlined several areas of concern. This matter will be reviewed with Mr. Uhde. During this process the Council can go forward by ordering the assessment. Mayor Bisel opened the public hearing at 9:32 P.M. There was PAGE 8 2 5 COUNCIL MEETING SEPTEMBER 24, 1990 no one to speak for or against the assessment. The public hearing was closed at 9:32 P.M. (There was no motion to close the public hearing.) Council Member Bohjanen moved to approve Resolution No. 73 - 90 and the assessment for Reshanau Lake Estates South, Second Addition. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. IMPROVEMENT HEARING, PINERIDGE, DAN BOXRUD Mr. Boxrud explained that the public hearing on this matter was opened and continued on August 27, 1990 until this date so that an alternative means of providing the plat with sanitary sewer could be explored. With the initiation of the Chomonix trunk sewer, the PineRidge plat can be served differently to the benefit of the City. Mr. Boxrud explained the layout of the plat and how the utilities would be constructed. He noted that there will be no drainage assessment on this plat since the developer will be required to construct a ponding system that will not only benefit him but others in the future. Mr. Boxrud noted that the street layout has not changed since the original preliminary plat was approved by the Council. Mr. Boxrud outlined the revised sewer and water map. The sewer service will be re- routed and there will be a lift station at the southwest corner of the plat. Mayor Bisel asked Mr. Boxrud why water service cannot not be routed through Shenandoah to this plat. This would allow residents in Shenandoah to connect if they so wished. Mr. Boxrud explained that he did not determine if anyone in that area was interested. Also he wanted to keep the PineRidge improvement simple and not involve anyone outside of the plat. Mr. Boxrud noted that there will be residents along Ware Road who will benefit from the water utility that is planned to be extended along Ware Road. This is the most expeditious route. Mr. Boxrud explained the revised cost of the improvement for PineRidge is about 10% higher than the original estimate. However, there should be a financial benefit to the developer if his improvements are constructed along with the Chomonix trunk sewer line. This revised route will mean that there is a larger amount of money available for the trunk sewer system. Mayor Bisel opened the public hearing at 9:35 P.M. Mr. Rick Carlson, developer for PineRidge asked if trunk sewer costs are included in the revised feasibility report. Mr. Boxrud said that they were. Mr. Carlson asked if the two lots fronting on Ware Road would receive a second assessment when sewer and water is installed along Ware Road. Mr. Boxrud PAGE 9 COUNCIL MEETING SEPTEMBER 24, 1990 said no. Mr. Carlson asked if the council was aware that the revised feasibility report shows no storm water management assessment for this subdivision. He wanted to clarify that this is to be the case. Mr. Boxrud said that credits for ponding would probably eliminate any assessment for storm water management. Park dedication was addressed. The Park Board has agreed to a dedication of 3.7 acres at the southeast portion of the subdivision. During the hearing for the preliminary plat, additional park space was considered because the area could not be served by sewer and water. Mr. Carlson asked if the additional park space was only a temporary consideration. Now that sewer and water is available to this location, does the Park Board still want this space. Mr. Carlson said he would like to develop this area along with the rest of the subdivision at this time. He said he needs more lots to make the entire subdivision feasible financially. Mr. Carlson addressed the timing of the improvements. Mr. Schneider explained that the earliest that the Chomonix trunk sewer would be available is October 1, 1991. Mr. Miller suggested that Mr. Carlson could use temporary services from the Shenandoah subdivision. Mr. Carlson said he would be willing to pay the extra costs involved. Council Member Reinert suggested that the park issue and the temporary services issue should have been worked out before the matter came before the Council. Mr. Carlson said that it could not be done since the Council determines all matters of policy. Council Member Reinert asked that matters come before the Council in a more consolidated manner. He said that it appeared matters were going backward. The Council has hired a planner and two (2) engineers, yet the Council-is being involved more and more. There was a suggestion that a group be formed that would give feed -back to the staff. Council Member Kuether said that she thought her committee was doing just that. Mr. Carlson was told that the park issue and the assessment issue should be addressed in the developer's agreement. He was also told that the two (2) lots facing Ware Road cannot be assessed twice. In regard to connecting to the Shenandoah utilities temporarily, if the Shenandoah residents will not be adversely affected, it is feasible. Mr. Carlson told the Council that he appreciated the answers to his questions. Since this was a hearing, he wanted the Council to know that he objected to contributing more than 3.7 acres for Dedicated Parks. Council Member Reinert moved to close the public hearing at 10:20 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. PAGE 10 1 1 1 COUNCIL MEETING SEPTEMBER 24, 1990 Council Member Reinert moved to accept the revised feasibility report for PineRidge. Council Member Bohjanen seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business NEW BUSINESS Request for Waiver of 60 Day Waiting Period for Gambling License for Centennial Fire District - Mrs. Anderson explained that the Centennial Fire District is applying for a license to operate a second gambling position. This will be located at My Place On The Lake. Council Member Reinert moved to approve this request and waive the 60 day waiting period. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Police Department Request for Two (2) Additional Squad Cars for 1990 - Mayor Bisel explained that Chief Campbell had appeared at the Work Session and explained that the 1991 squad bids have been award to Ford Motor Company. Chief Campbell had requested that his department be allowed to purchase two (2) 1990 squad cars at the 1990 bid price so that he can keep his fleet of Chevrolet vehicles only. Chief Campbell felt that the addition of the two (2) cars would slow the mileage accumulation on the current cars. Council Member Bohjanen asked if these two (2) new cars could not be put into operation at a later date to avoid getting too many miles on them and then getting into a bind with buying cars six (6) months ahead of time. He said he did not like the idea of possibly having to buy four (4) cars in one (1) year. Council Member Reinert expressed concern about approving the purchase of two (2) new squad cars prior to the approval of the 1991 Budget. Mr. Tesch explained that the cost would come from the surplus for now. After further discussion, Council Member Bohjanen moved to approve the purchase of two (2) new Chevrolet squad cars at the 1990 bid price. Council Member Kuether seconded the motion. Council Member Reinert asked that the motion be amended to include that these new squad cars not be put into operation until 1991. Both Council Member Bohjanen and Council Member Kuether accepted the amendment. On a roll call vote, motion carried unanimously. Council Meeting to Discuss Current Issues - Mr. Schumacher was asked to set a special Council meeting for sometime in the next two (2) to three (3) weeks to discuss various issues. This could possibly be a Saturday meeting. PAGE 11 COUNCIL MEETING SEPTEMBER 24, 1990 Council Member Reinert moved to adjourn at 10:32 P.M. Council Member Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on October 8, 1990. a� . Anderson, Fold L. Bisel, Clerk IFTreasurer Mayor PAGE 12 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 72 - 90 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF THE WEST CENTRAL TRUNK SEWER AND WATER MAINS 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 the West Central Trunk Sewer and Water Mains, NOW THEREFORE, BE 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 (9) 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 payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15, or interest will be charged through December 31 of the next succeeding year. a PA RESOLUTION NO. 72 - 90 Page -2- 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of September, 1990. arilyn' Harold L. Bis , Mayor 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: Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Neal was absent. Where upon said resolution was declared duly passed and adopted. PAGE 2 1 1 1 Council Member Bohjanen introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE .NO. 1.0 -- 90 AN ORDINANCE AMENDING ORDINANCE NO.2 OF THE CITY OF LINO LAKES, MINNESOTA BY REZONING CERTAIN REAL ESTATE TO RURAL BUSINESS RESERVE (R -BR) I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Rural (R) to Rural Business Reserve (R -BR), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: To include that part of Township 31, Range 22, City of Lino Lakes, Anoka County, Minnesota as herein described: The Easterly one -half (1/2) of Section 1, the Easterly three quarters (3/4) of Section 12, and all of Section 13. (See attached map.) II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council this 24th day of September 1990. Harold L. Bisel, Mayor PAGE 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 73 - 90 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, SECOND ADDITION 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 Reshanau Lake Estates South, Second Additions, NOW THEREFORE, BE 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 (9) 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 payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15, or interest will be charged through December 31 of the next succeeding year. PAGE 1 1 1 1 RESOLUTION NO. 73 - 90 Page -2- 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of September, 1990. Harold L. Bisel, Mayor Nan, �`� ar ly . 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: Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Neal was absent. Where upon said resolution was declared duly passed and adopted.