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HomeMy WebLinkAbout08/26/1991 Council Minutes1 CITY OF LINO LAKES COUNCIL MINUTES DATE TIME STARTED TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : August 26, 1991 6:30 P.M. 8:48 P.M. Bisel, Bohjanen, Kuether, Neal, Reinert None Staff Members present: City Attorney, Bill Hawkins; City Engineer's, Darrell Schneider and Dan Boxrud; City Planner, John Miller; City Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn Anderson. CONSENT AGENDA Mayor Bisel asked that Item C, Approval of Request for Block Party, Woodridge Estates be moved to New Business. Council Member Neal moved to approve the consent agenda as amended. Council Member Bohjanen seconded the motion. Motion carried with Mayor Bisel abstaining. MINUTES: ITEM DISPOSITION Regular Session, August 12, 1991 Approved Budget Work Session, August 15, 1991 Approved DISBURSEMENTS: August 26, 1991 OPEN MIKE Approved Centennial Fire Department Approved REGULAR AGENDA Ray Johnson, Lino Days - Mr. Johnson appeared in behalf of the Lino Lakes Lioness' to express their appreciation to the City Council and staff and especially to the Recreation Department for making the second annual Lino Days very successful. He also thanked the VFW for their support. Mr. Johnson noted that Public Works Director, Don Volk has been appointed chairman of the 1992 Lino Days and expressed hope that the City Council, staff and the VFW would support next years celebration. Mayor Bisel thanked the Lino Lakes Lioness' and Lion's for a celebration that went very well. PAGE 1 36 37 COUNCIL MINUTES AUGUST 26, 1991 PARK BOARD RECOGNITION OF RAY JOHNSON AND ROBERT WILLIAMS Mayor Bisel asked Mr. Johnson and Mr. Williams to approach the Council desk and presented them with plaques in appreciation of their service as members of the Park Board. Mayor Bisel told the audience that the City is fortunate to have citizens who are willing to volunteer their time and talent to put into practice programs that will serve the City for years to come. He thanked both Mr. Johnson and Mr. Williams for their years of service. DESIGN REVIEW BOARD REPORT Consideration of a Variance for Darla and Mark Lowell, Amended DRB Application No. 91 - 02 - Mr. Miller used the overhead projector and gave a brief background on this matter. After Mrs. Lowell's last appearance before the Council on June 10, 1991, Mr. Miller was asked to prepare a proposal to allow Mrs. Lowell to split her lot into two (2) parcels. Mr. Miller has prepared and sent to the DRB a minor subdivision and a variance proposal for a lot subdivision. The DRB has approved the minor subdivision and the variance. The proposal would allow the Lowell's to split their lot into two (2) lots. One (1) lot would be 7.88 acres with 165' frontage. The second lot would be approximately 2.12 acres with 167' frontage. A variance would be required to allow the subdivision of two (2) lots with less than 180 feet of frontage, one (1) lot with less than the required 2 1/2 acres and one (1) flag lot. Mr. Miller noted that if the Council approves the minor subdivision and the variance, the newly created lots will have a configuration that will allow re- subdivision when sewer and water is available to the area. Council Member Neal moved to approve the minor subdivision. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether Council Member Kuether moved to approve the variance. Council Member Bohjanen seconded the motion. PAGE 2 1 1 1 COUNCIL MINUTES AUGUST 26, 1991 VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether Set Public Hearing for Conditional Use Permit, Joe Spetzman, September 23, 1991, 7:00 P.M. - Council Member Bohjanen moved to set the public hearing. Council Member Reinert seconded the motion. Motion carried unanimously. Consideration of Concept Plan, Weaver Property by Hokanson Development - Mr. Miller explained that the developer of Wenzel Farms has a purchase agreement with the Weavers who own 40 acres on the north side of Birch Street, east of Lakes Addition No. 2 and No. 3. The property is currently zoned R -1. The parcel contains a sizeable amount of wetlands. The Weaver homestead on the southeast corner is not proposed to be included in the development. The concept plan indicates park land on the northeast and northwest corners of the plan. This land is not suitable for park purposes and the Park Board will want about three and one half (3 1/2) acres in the southwest corner near the access off of Captains Place so that the park land will be accessed from Lakes Addition No. 2 and No. 3 by a trail system. There are several issues to be resolved on this concept plan. The first is the relationship of this property to the Vaughan property to the north and the Houle property to the east. The second issue is the possible development of the "island" on the Vaughan property to the north. The Park Board hopes to develop a nature interpretation center on the island. The third issue is the future development of the Weaver homesite. The Weaver's wish to continue to live there at this time. The DRB and the City Engineer are asking that thought be given to incorporating the Weaver homesite into the development in the future. The concept plan shows a stub street extending east to the Houle property. Street layout must be compatible with adjoining properties. It is preferred that a future 4 -way intersection be developed at Birch Street and 12th Avenue. A reasonable plan for the development of the entire area is needed and it should be acceptable to both Mr. Houle and Mr. Vaughan. The DRB has recommended approval of the concept plan subject to issues 1 through 6 on Mr. Millers August 20, 1991 "green sheet ". PAGE 3 38 39 COUNCIL MINUTES AUGUST 26, 1991 Council Member Kuether noted that the developer was told the property will be rezoned to R -1X and asked why it will be rezoned. Mr. Miller explained that the property is so designated in the Comprehensive Land Use Plan Amendment adopted by the City Council and by Metropolitan Council. It was noted that there are already a great number of R -1X lots in this area but no R -1 lots. Mr. Miller detailed some areas planning to develop in the near future with R -1 lots. Council Member Reinert asked how is the development proceeding on Wenzel Farms. He noted that everything should be done to keep the developer informed and keep the process moving in an orderly fashion. Mayor Bisel asked the Council Member to give their thoughts and opinions on the concept plan to the developer at this time. He said that he did not want the Council to give the developer false hope and Mr. Miller will not proceed without Council authorization. Council Member Bohjanen asked if the Council were to approve the concept plan as outlined by Mr. Miller, would all of the issues be watched and addressed. Mr. Miller said that he would not bring a preliminary plat to the Council until all issues are resolved. There was discussion regarding how to be sure a new home owner knows there are trails at the edge of his property, the 12th Avenue, Birch Street intersection and what would be the response of the City Council if the developer starts developing the property and then finds the soils are not suitable for R -1X housing. These issues will be resolved before the preliminary plat is completed. Kirk Corson, Hokanson Development explained details regarding the wetland boundary on the northeast and the northwest part of the concept plan. He noted that the City Code requires that none of lots be placed in wetlands. He will be proposing that the property be developed so that the outside lots will be zoned R -1X and the interior lots be zoned R -1. He explained that if this concept is not allowed, the street cannot be located as planned. Mr. Corson explained that he used the contour map to utilize the land in the best possible manner. Mr. Corson explained that he has met with Mr. Houle regarding locating a street along Mr. Houle's west property line. Mr. Houle would have to remove his pole building to accommodate the street and Mr. Houle was not receptive to this idea. In addition, the Weaver home would not meet set back requirements. Mr. Corson addressed past problems with the development of Wenzel Farms. He said he did not want to "fast track" the Weaver PAGE 4 1 1 1 1 1 1 COUNCIL MINUTES AUGUST 26, 1991 development and wanted to proceed in an orderly manner. The Council agreed that this development will go forward according to the development policy of the City. Council Member Reinert moved to table action on the concept plan pending review of the six (6) contingencies listed in Mr. Miller's "green sheet" dated August 20, 1991. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. PLANNER'S REPORT Consideration of Petition Requesting Environmental Work Sheet (EAW) for a Portion of Oak Brook Peninsula - Mayor Bisel explained that the City has received notice of a lawsuit regarding Oak Brook Peninsula. The lawsuit has been referred to the insurance company representing the City. Because of pending litigation, Mayor Bisel asked that this request be tabled. Council Member Reinert moved to table action on the request for an EAW for Oak Brook Peninsula until the next Council meeting. Council Member seconded the motion. Mr. Adamson, developer of Oak Brook Peninsula asked for clarification on the litigation. Mayor Bisel called for the question. VOTING ON THE MOTION: Bisel Neal Abstained: none Motion carried. Bohjanen Reinert Kuether Mayor Bisel explained that as long as there is litigation on this matter, the Council cannot accept or reject the request for an EAW. It is delayed until the litigation is resolved. Mr. Hawkins explained that since the matter was turned over to the insurance company, he is not aware of the status of the litigation or if the EAW interacts with the lawsuit. ENGINEER'S REPORT Resolution No. 82 - 91 Accepting Petition and Ordering Feasibility Report, Rice Lake Court - Mr. Schneider explained a neighborhood meeting was held on July 23, 1991 to discuss the utility construction for Wenzel Farms. Several residents on this cul -de -sac asked about extending sanitary sewer and water to PAGE 5 41 COUNCIL MINUTES AUGUST 26, 1991 their lots. The residents of the cul -de -sac were asked to prepare a petition to determine if there was enough interest in preparing a feasibility study. Three (3) of the five (5) landowners have signed a petition asking that a feasibility study be prepared. Mr. Schneider also noted that Mr. Menkveld, owner of an outlot abutting Rice Lake Court may also be interested in developing the outlot if the feasibility study is favorable. Mr. Schumacher noted that since this is not a developer petition study, no cash has been deposited to cover the expense. Mr. Schneider will keep this in mind when preparing the study. If the land owners approve the improvement, the cost of the study will be added to the improvement costs. Council Member Bohjanen moved to adopt Resolution No. 82 - 91. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Abstained: none Motion carried unanimously. Resolution No. 82 - 91 can be found at the end of these minutes. Resolution No. 78 - 91 Accepting Petition and Ordering Preparation of Report, Pheasant Hills Preserve II - Mr. Boxrud explained that this matter was addressed at the last Council meeting. The Council asked for a definite decision from the developer regarding Phase II. Mr. Vaughan has decided to leave open the option to extend sewer and water into Phase II of his plat and proceed with the necessary administrative actions to extend the utilities if the contractor is available later this season. Mr. Boxrud asked the Council to adopt Resolution No. 78 - 91. Council Member Bohjanen moved to adopt Resolution No. 78 - 91. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none Motion carried unanimously. PAGE 6 1 1 1 1 1 1 COUNCIL MINUTES Resolution No. 78 Resolution No. 79 Hearing, Pheasant 1991, 7:15 P.M. - Resolution No. 79 motion. AUGUST 26, 1991 - 91 can be found at the end of these minutes. - 91 Receiving'Report and Calling a Public Hills Preserve, Phase II for September 23, Council Member Bohjanen moved to adopt - 91. Council Member Kuether seconded the VOTING ON THE MOTION: Bisel Neal El Bohjanen Reinert Kuether Abstained: none Motion carried unanimously. Resolution No. 79 - 91 can be found at the end of these minutes. Resolution No. 83 - 91 Declaring Costs to be Assessed and Ordering Proposed Assessment Roll, Brandywood Estates - Mr. Boxrud explained that costs for Brandywood Estates and the school district property across the street from Brandywood Estates have been established. Originally, it was thought that there may be a shortfall in the sewer and water funding of about $20,000.00. Final estimates indicate that there may be an excess in that fund of about $2,000.00. A problem in constructing the streets has been determined due to the unusually large amount of rainfall this summer. The contingency portion of the project costs should cover this additional expense. The attached resolution includes this expense. Council Member Reinert moved to adopt Resolution no. 83 - 91. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Ei El Abstained: none Bohjanen Reinert El Kuether ❑ Motion carried. Council Member Kuether was not in the Council Chambers at this time. Resolution No. 83 - 91 can be found at the end of these minutes. Resolution No. 84 - 91 Calling a Hearing on Proposed Assessments, Brandywood Estates for September 23, 1991, 7:30 P.M. - Council Member Bohjanen moved to set the public hearing. Council Member Neal seconded the motion. PAGE 7 42 43 COUNCIL MINUTES AUGUST 26, 1991 VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen Reinert Kuether ❑ Motion carried. Council Member Kuether was not in the Council Chambers at this time. Resolution No. 85 - 91 Declaring Costs to be Assessed and Ordering Proposed Assessment Roll, Whitetail Ridge - The street improvement for Whitetail Ridge is nearing completion. Total costs have been computed and the assessment roll is complete. There was an overrun in costs due to soils becoming unsuitable in the presence of excessive moisture. Three (3) of the four (4) affected land owners have been notified of the change in assessment. Council Member Bohjanen moved to adopt Resolution No. 85 - 91. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none. Bohjanen Reinert Kuether ❑ Motion carried. Council Member Kuether was not in the Council Chambers at this time. Resolution No. 85 - 91 can be found at the end of these minutes. Resolution No. 86 - 91 Calling a Hearing on Proposed Assessments, Whitetail Ridge for September 23, 1991, 7:45 P.M. - Council Member Bohjanen moved to adopt this resolution. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 86 - 91 can be found at the end of these minutes. ATTORNEY'S REPORT - BILL HAWKINS Resolution No. 88 - 91 Re- apportioning Assessments on PIN. 18 -31- 22 -41 -0001 Which Was Divided into PIN. 18- 31 -22 -41 -0002 and 18- 31 -22 -42 -0002 (Tilsen Property) - Mr. Schumacher explained that Emtech, Inc. is proposing to buy a portion of the property described above and relocate their business from Burnsville. The property is located in TIF District No. 1 -4. This relocation allows the City to maintain this particular TIF district. PAGE 8 1 1 1 1 1 1 COUNCIL MINUTES AUGUST 26, 1991 Mr. Schneider explained that the above resolution will allow assessments on the property to be divided since the property will be divided to allow Emtech, Inc. to build. All assessments on both parcels will be deferred. Council Member Bohjanen moved to adopt Resolution No. 88 - 91. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Abstained: none Motion carried unanimously. Resolution No. 88 - 91 can be found at the end of these minutes. The Council adjourned into private session at 7:58 P.M. to consider pending litigation. Mayor Bisel reconvened the Council at 8:11 P.M. CONSIDERATION OF SUBMITTING A LIST OF NAMES FOR CHARTER COMMISSION APPOINTMENTS Mr. Schumacher explained that the terms of eight (8) commission members will expire August 31, 1991. The Chairman, Jeanne Goldade is resigning effective August 31, 1991 so that there will be nine (9) vacant positions available for appointment by Judge Gibbs. Mayor Bisel suggested that Rolf Iverson's name be submitted for consideration and Council Member Neal submitted Ray Johnson's name for consideration. Mr. Schumacher was instructed to ask for an extension of time before Judge Gibbs makes his appointments. Mr. Schumacher was also asked to advertise the vacant positions. SET DATES FOR TRUTH IN TAXATION HEARING Mr. Schumacher explained that state statutes require that the City hold a public hearing on the final 1992 Budget and levy between November 15th and December 20th. We are not allowed to hold public hearings on the dates selected by the school districts or by Anoka County. Council Member Neal moved to hold the public hearing on December 5, 1991. Council Member Kuether seconded the motion. Motion carried unanimously. OLD BUSINESS PAGE 9 44 45 COUNCIL MINUTES AUGUST 26, 1991 Consideration of Charles Cape Property - This matter was considered at the last Council meeting and Mr. Schumacher was asked to determine the potential tax base loss if Mr. Cape were given approval to sell 30 acres of his property to Anoka County for Regional Park purposes. Mr. Schumacher explained that the total loss of revenue would be between $150.00 and $200.00 per year. The City's portion of that revenue would be between $40.00 and $50.00 per year. Mr. Schumacher explained that the County is interested in establishing a day camp on the property. It would be an open program for all ages. Mayor Bisel noted that this program could cost the City money in fire and police protection, but nothing is given back to the City in return. Council Member Kuether asked why the City couldn't trade this land for some land to be put back on the tax rolls that can be developed? Mr. Cape explained that he has spend about $2,500.00 in surveying costs to date. The County is offering him $50,000.00 for the 30 acres. Mr. Cape did not know how long the County would hold their offer of $50,000.00 open. Mr. Schumacher was asked to contact Anoka County Parks Department to determine if a trade could be made so that no additional lands would be added to the Regional Park. Status Report Regarding Council Action for Waiving Building Permit Fees for Centennial School District No. 12 (Council Action has been Taken) - At the last Council meeting, the Council took action to waive building permit fees over and above actual costs during inspections and plan review. The Building Inspector has computed the actual amount of building fees to be received for inspections and other costs to be $42,090.00. Originally these fees would have been $49,229.50. The loss is approximately $7,000.00. Approval of Request for Block Party, Woodridge Estates - Council Member Bohjanen moved to approve this request. Council Member Kuether seconded the motion. Motion carried unanimously. NEW BUSINESS PROCLAMATION, Centennial Area Walk for the Hungary - Mayor Bisel read the proclamation and asked all citizens of Lino Lakes to support this cause. Police Office Bill of Rights, Resolution No. 87 - 91 - Mr. Schumacher explained that he had received an Action Alert from the League of Minnesota Cities detailing a proposed piece of Federal legislation entitled, "Police Bill of Rights ". According to the League, this bill would pre -empt and obstruct local PAGE 10 1 1 COUNCIL MINUTES AUGUST 26, 1991 procedures and practices and overturn local collective bargaining agreements unless they conform to these new requirements. Police officials are alarmed that such measures would interfere with and seriously hamper their ability to enforce discipline and to respond to allegations of police misconduct or infractions of department policy. The League has urged the City Council to forward the attached resolution to our elected Federal officials. Council Member Reinert moved to adopt Resolution No. 87 - 91. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Kuether Abstained: none Motion carried unanimously. Resolution No. 87 - 91 can be found at the end of these minutes. Consideration of Levy to Cover Redistricting Costs - Mrs. Anderson explained that Anoka County has sent a letter to the City asking if the City wishes to participate in a 25 cents per capita levy to cover the cost of redistricting and redrawing precinct boundaries. The County is required to levy and pay this levy to all cities over 30,000 in population. Some election workers feel that it appears that Anoka County will be levying the entire County for the 25 cents per capita. However, if Lino Lakes wants to collect its portion of the levy, the City must agree in writing to redraw precinct boundaries along census block lines and make the request for levy in writing by October 15, 1991. Council Member Reinert moved to approve the levy. Council Member Neal seconded the motion. Motion carried unanimously. Consideration and Approval of Cabaret License Request, 49 Club - Mrs. Anderson explained that the 49 Club is requesting a Cabaret License to conduct a dance in the parking lot of the 49 Club from 6:00 P.M. to 10:00 P.M. Last summer a dance was conducted in the parking lot and loud music caused a number of Shoreview residents to make complaints to the Police Department. The 49 Club requested a second dance permit which was denied. The dance was held inside of the 49 Club. Acting Sergeant Keller has reviewed this request and has made several suggestions regarding controlling sound and other matters. A copy of his memorandum was included in the Council packets. PAGE 11 4b 47'1 COUNCIL MINUTES AUGUST 26, 1991 After discussion, Council Member Neal moved to approve Cabaret License including Acting Sergeant Keller's recommendations. Council Member Bohjanen seconded the Motion carried unanimously. Mayor Bisel noted that if receives a lot of complaints, no more Cabaret Licenses parking lot dances will be allowed. the motion. the City for Set Public Hearing for Finamart for a Conditional Use Permit Amendment for September 23, 1991, 8:00 P.M. - Mr. Miller explained that Finamart is requesting an amended Conditional Use Permit to construct a diesel fuel island and remodel the Finamart, 7509 Lake Drive, Lino Lakes. Because of the time constraints due to weather conditions, Mr. Miller is requesting that the public hearing be set prior to DRB review. It was noted that the diesel island will be a separate area with controlled runoff. The Fire Chief has visited the site and has made several constructive suggestions. Council Member Kuether moved to set the public hearing and to keep the Fire Chief involved in this improvement. Council Member Bohjanen seconded the motion. Motion carried unanimously. Division of Tilsen Property and Division of Assessments - Mr. Hawkins explained that the original Tilsen parcel was divided late last fall. The assessments on the parcel were divided this spring. Now that one of these parcels is dividing to allow Emtech, Inc. to build, the assessments will be split a second time. The end result is that there will be three (3) parcels with three (3) assessments which will all be deferred. Council Member Bohjanen amended his motion to show that three parcels are being created each with assessments. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Reinert moved to adjourn at 8:48 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting on September 9, 1991. Harold L. Bisel, M.yo Mari yn . Anderson, Clerk - Treasurer PAGE 12 1 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 78 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - PHEASANT HILLS PRESERVE, SECOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Pheasant Hills Preserve, Second Addition, filed with the Council on August 26, 1991 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Dan Boxrud, SEH and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way 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 26th day of August, 1991. Harold L. Bisel, Mayor A) y 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: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 4L. 49 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 79 - 91 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE PHEASANT HILLS PRESERVE, PHASE II IMPROVEMENT WHEREAS, pursuant to a resolution of the Council adopted on August 26, 1991 with reference to the Pheasant Hills Preserve, Phase II Improvement and this report was received by the Council on August 26, 1991, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the Pheasant Hills Preserve, Phase II Improvement in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $27,000.00. 2. A public hearing shall be held on such proposed improvement on the 23rd day of September, 1991 in the council chambers of the city hall at 7:15 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 26th day of August, 1991. 66‹,_42 l Harold L. Bisel, Mayor ari yn .' Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon said resolution was declared passed and adopted. 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 82 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - RICE LAKE COURT BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the installation of sewer and water on Rice Lake Court, filed with the Council on August 26, 1991, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Darrell Schneider, TKDA and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way 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 26th day of August 14, 1991. Harold L. Bist , Mayor Mar 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: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 50 51 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 83 - 91 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR BRANDYWOOD ESTATES WHEREAS: contracts have been awarded for improvement of Brandywood Estates (sanitary sewer, watermain, streets, street lighting and drainage) and the contract price for such improvement is $608,678.00 and the expenses incurred or to be incurred in the making of such improvement amount to $190,425.00, and WHEREAS: it is the policy of the City of Lino Lakes to add area charges and unit charges and trunk charges to the assessment for said improvements to that the total cost of the improvement will be $861,585.43. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost to be assessed against benefited property owners is declared to be $861,585.43. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of nine (9.0 %) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 26th day of August, 1991. PAGE 1 1 1 1 1 RESOLUTION NO. 83 - 91 Harold L. Bisel, Mayor lynx- Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was not in the Council Chambers. Whereupon the resolution was declared duly passed and adopted. PAGE 2 52 53 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 84 — 91 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BRANDYWOOD ESTATES WHEREAS: by a resolution passed by the Council on August 26, 1991, the City Clerk was directed to prepare a proposed assessment of the cost of installing all utilities, streets, curbs and gutters in Brandywood Estates, WHEREAS: the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the September 23, 1991, in the city hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 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 Clerk - except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such PAGE 1 1 1 1 1 RESOLUTION NO. 84 - 91 PAGE -2- payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 26th day of August, 1991. ,bc)ryzy, Harold L. Bisel, Mayor _62,,,LA,9„1„1 G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was not in the Council Chambers at this time. Whereupon the resolution was declared duly passed and adopted. 54 55 Council Member Bohjanen moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 85 — 91 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR WHITE TAIL RIDGE IMPROVEMENTS WHEREAS: WHEREAS: contracts have been awarded for the improvement of White Tail Ridge and the contract prices are $39,671.57, and it is the policy of the City of Lino Lakes to assess Administrative, Engineering, Aerial Photo cost Recovery, Appraisal, Publication, Legal, Bond Sale Expenses, Capitalized Interest and Seal Coating charges so that the total cost of the improvement is $55,754.40. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the portion of the cost be assessed against benefitted property owners is declared to be $55,754.40. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first installments to be payable on or before the first Monday in January, 1992, and shall bear interest at the rate of nine percent (9.0 %) per annum from the date of the adoption of the assessment resolutions. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 23rd day of August, 1991. Harold L. Bise , Mayor 1 RESOLUTION NO. 85 - 91 PAGE -2- �i COL( . rc-,�_..- Cl�t/l �L Mari n G. Anderson, Clerk - Treasurer �y J The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was not in the Council Chambers at this time. Whereupon the resolution was declared duly passed and adopted. 56 57 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 86 — 91 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR WHITETAIL RIDGE STREET IMPROVEMENT WHEREAS: by a resolution passed by the Council on August 26, 1991, the City Clerk was directed to prepare a proposed assessment of the cost of installing Whitetail Ridge, WHEREAS: the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the September 23, 1991, in the city hall at 7:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearings. 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 Clerk - except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk 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 PAGE 1 1 1 1 1 Resolution No. 86 - 91 Page -2- October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 26th day of August, 1991. Harold L. Bisel, Mayor . Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal 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. PAGE 2 58 59 Council Member Reinert resolution and moved its adoption: introduced the following THE CITY OF LINO LAKES RESOLUTION NO. 87 -91 RESOLUTION OPPOSING "POLICE BILL OF RIGHTS" LEGISLATION (HR 2946) WHEREAS, the U.S. Congress is considering adoption of legislation that would pre -empt state and local laws and require cities to impose federal standards on the conduct of internal investigations of police misconduct by the city while providing police officers subject to such discipline the right to sue cities for monetary and other damages, including full reinstatement; WHEREAS, these provisions restrict the authority and ability of the Police Chief to investigate allegations of police misconduct or use of excessive force; WHEREAS, definitions provided in the legislation are so unclear that interpretations could prevent any measures without the need for formal hearings; WHEREAS, restrictions raise the issue of whether police officers would no longer be subject to normal supervision; WHEREAS, provisions raise the conduct of such disciplinary investigations to the level of criminal proceedings; WHEREAS, "Police Officers Bill of Rights" impose the will of the federal government on matters that are clearly state and local labor relations issues; WHEREAS, some states, including Minnesota, have adopted similar requirements, while others have rejected such legislation; WHEREAS, the legislation directly interferes with local processes governing provision of police services; WHEREAS, provisions appear to disallow local appointment of civilian review boards and require that the entire investigative file be open to the police officer under investigation while not providing personnel file information on such officers to those investigations; WHEREAS, congress has failed to hold any hearings or to investigate the views of police officials and others who would be adversely affected by such restrictions; and 1 1 1 1 RESOLUTION NO. 87 -91 PAGE -2- WHEREAS, this proposal is unrelated to local government efforts to fight crime, control drug abuse and reduce violence, therefore should not be included in federal anti -crime legislation; NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes opposes the federal imposition of a "Police Officers Bill of Rights" or other similar legislation. BE IT FURTHER RESOLVED, that the City of Lino Lakes urges Congress to hold hearings on this issue in both the House and Senate to solicit views of city officials charged with ensuring the public safety of our neighborhoods and the responsibility for management of local police department affairs. Adopted by the Council this 26th day of August, 1991. Ma 11) ilyn . Anderson, Clerk - Treasurer Harold L. Bisel, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether 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. 60 61 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 88 - 91 A RESOLUTION RE- APPORTIONING ASSESSMENT ON PIN. 18- 31 -22 -41 -0001 WHICH WAS DIVIDED INTO PIN. 18- 31 -22 -41 -0002 AND 18- 31 -22 -42 -0002 (TILSEN PROPERTY) WHEREAS, the Lino Lakes City Council has previously specially assessed certain property known as Property Identification Number 18- 31 -22 -41 -0001 which was divided into PIN. 18- 31 -22 -41 -0002 and 18- 31 -22 -42 -0002 for the cost of certain local improvements constructed which benefit such property; and WHEREAS, such assessments were deferred until such time said property is developed as defined in the Lino Lakes Local Improvement Policy; and WHEREAS, the owner of said property desires to divide and sell a portion of PIN. 18- 31 -22 -41 -0002 and has requested that the deferred special assessment on this PIN be re- apportioned between the parcel to be sold and the remainder of the property; and WHEREAS, Minnesota Statute 429 requires the City Council to adopt a resolution re- apportioning such special assessment; NOW, THEREFORE, it is hereby resolved by the City Council of Lino Lakes, Minnesota: 1. That the proposed special assessments against the parcel identified as Property Identification Number 18- 31 -22 -41 -0002 shall be re- apportioned to provide for an assessment against the newly created parcel also known as "EM TECH Parcel" in the amount of Thirty -two Thousand Twenty -three and 41/100 ($32,023.41) Dollars. The remainder of the original parcel shall be apportioned a special assessment amount of One Hundred Sixty -nine Thousand Four Hundred Five and 18/100 ($169,405.18) Dollars. 2. That such special assessments shall continue to remain deferred against all three parcels until such time as a parcel receives a building permit for the construction of a building thereon or is further subdivided. At such time all special assessments shall be due and payable in full for said parcel. 1 1 1 1 1 3. The Clerk, if necessary, shall forthwith transmit a certified copy of this resolution to the County Auditor to provide for the re- apportionment of such special assessments following recording of the land division by the applicants. 4. That all of the terms and conditions of the original Special Assessment Resolution and the City of Lino Lakes Local Improvement Policy shall remain in force concerning the division of this parcel. Adopted by the Lino Lakes City Council this 26th day of August, 1991. Harold L. Bisel, N7ayor ly G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 62