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HomeMy WebLinkAbout10/25/1993 Council Minutes1 1 1 251 COUNCIL MEETING OCTOBER 25, 1993 CITY OF LINO LAKES COUNCIL MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT • October 25, 1993 • 6:30 P.M. 7:40 P.M. Reinert, Neel, Bergeson ether, Elliott Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Planner, John Powell; Economic Development Authority Advisory Board (EDAAB) Chairman, Brian Wessel; Planning Coordinator, Mary Kay Wyland; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Council Member Kuether asked that the October 25, 1993 Disbursement be taken off the consent agenda and place on the regular agenda under Old Business. CONSENT AGENDA ITEM MINUTES: Council Meeting, October 11, 1993 DISBURSEMENTS: Centennial Fire Department REGULAR AGENDA DISPOSITION Approved Approved OPEN MIKE No one appeared under open mike at this time (see page 9). PLANNING AND ZONING BOARD REPORT Variance for 6619 Ruffed Grouse Road, Pierce & Associate - Ms. PAGE 1 2c, COUNCIL MEETING OCTOBER 25, 1993 Wyland used the overhead projector and located the lot where a variance is requested. The property is located in the Quail Ridge plat and was one of the first lots to be built on. When the building permit was issued, a certificate of survey indicated that the garage side of the house was located five (5) feet from the side property line as required by the Zoning Ordinance. However, upon completion of the dwelling, an "as -built" survey indicated that the house was actually four (4) feet, three (3) inches from the side property line. This encroaches seven (7) inches into both the side yard setback and a drainage easement. To provide a clear and unclouded title to the property, the builder has requested that a variance be issued. The property owner and builder, Bill Pierce of Pierce & Associates is also the property owner of the lot immediately to the west of this subject property. Therefore, a letter indicating no objections from the adjoining property owner has not been requested. Variances may be granted in instances where the strict enforcement would cause undo hardship because of circumstances unique to the individual property under consideration. Staff recommended the approval of the variance request based on the following findings of fact: 1. The property in question cannot be put to use for other than single family purposes. 2. The plight of the landowner (actually the future landowner, as the builder is requesting this variance) is due to circumstances not of his making and the variance is necessary to provide clear title to the property. 3. The hardship is not due to economic considerations alone and a reasonable use of the property does exist under the terms of the ordinance. 4. Granting of the variance will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. The proposed action will not unreasonably diminish or impair established property values within the neighborhood. 6. The proposed actions will be in keeping with the spirit and intent of the ordinance as the area is zoned for single family development. PAGE 2 1 1 1 253 COUNCIL MEETING OCTOBER 25, 1993 Council Member Elliott moved to approve the variance with the above outlined "findings of fact". Council Member Kuether seconded the motion. Motion carried unanimously. Site and Building Plan, Perceptive Engineering, Apollo Drive - Mr. Wessel explained that he has been working with Mr. Fischer on this matter. Due to a conflict, Mr. Fischer will not be here this evening and Mr. Wessel will answer any questions about the request. Mr. Paul Fischer, on behalf of Perceptive Engineering, has submitted a request to construct a 10,000 square foot manufacturing facility on two (2) lots within the former Lino Industrial Park now known as the Apollo Business Center. Perceptive Engineering specializes in the manufacturing of precision machine parts. The property is zoned General Industrial (GI). Mr. Wessel has been working with Mr. Fischer to facilitate relocation into the community and the EDAAB has endorsed the concept. The Planning and Zoning Board reviewed the request and recommends approval as outlined by the Planning Consultant and the recommendations are listed below: 1. Approval of site and building plans and minor subdivision subject to the following conditions: A. Colors of proposed building material finishes be specified and approved by the City. B. Noise levels emitted from the proposed manufacturing facility do not constitute a nuisance as defined by the City Code or exceed applicable PCA standards. C. The number of facility employees is specified to confirm compliance with off-street parking requirements. D. The site plan is modified to identify all off-street loading areas. E. All trash handling equipment is contained in a closed container. F. The site plan is revised to illustrate the exterior lighting locations. Per the City Code, all lighting used to illuminate an off-street parking area must be arranged to reflect light away from adjoining property. G. The applicant submit a signage plan specifying sign height, size, etc. The sign plan will be subject to City approval. H. A grading and drainage plan is submitted and approved by the City Engineer. PAGE 3 COUNCIL MEETING OCTOBER 25, 1993 I. A Site Plan Development Agreement is signed by the property owner and financial guarantees posted as required. J. The applicant submit a property survey which identifys existing and proposed property lines as well as proper right-of-way dedication for the re -aligned Apollo Drive. K. Drainage and utility easements be provided as recommended by the City Engineer. Mayor Reinert noted that this will be the first building constructed in the Apollo Business Park and it is wonderful to see a site plan for a commercial or industrial development rather than the single family home development. Mr. Wessel explained that Perceptive Engineering is proposing to purchase two (2) lots now owned by the City for the site of the new building. He explained that the purchase price has not been agreed upon at this time. The development plan must be completed and it will contain a financial agreement as well as the development requirements. Tax Increment Financing (TIF) will be a part of the financial plan. The development plan will be available in about two (2) weeks. Mr. Wessel noted that the new building will be concrete block with a steel structure and a patterned rock face. The entire site will be very pleasing. Council Member Neal asked how many employees will be working at the site. Mr. Wessel explained that Perceptive Engineering currently employees 10 people. They plan to expand and double in size in five (5) years. Council Member Elliott moved to approve the site and building plan for Perceptive Engineering subject to the conditions outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Easements for Laborer's Training Facility - Ms. Wyland used the overhead projector and pointed out the location of the easements on a site plan. The Laborer's training facility is under construction at this time and is located in the southwest quadrant of Main Street and 24th Avenue. All approvals have been granted by the City. However, Rice Creek Watershed District reviewed the site plan and required that easement documents over the wetlands, sedimentation basin and flow path be given to the City. Formal acceptance of the easements by the City are required so that the easements can be properly recorded at Anoka County. PAGE 4 1 1 1 1 1 255 COUNCIL MEETING OCTOBER 25, 1993 Council Member Kuether moved to accept the easement documents as submitted and to direct staff to record same at Anoka County. Council Member Neal seconded the motion. Motion carried unanimously. Final Plat - Pheasant Hills Preserve, Third Addition - Ms. Wyland used the overhead projector and presented the final plat for Pheasant Hills Preserve, Third Addition. The plat consists of 10 lots and an outlot. The property is zoned R -1X and received preliminary plat approval in 1991. Utilities were previously installed to serve this plat with the Pheasant Hills Preserve, Second Addition plat. Street construction remains to be completed and is anticipated in the immediate future with housing construction immediately following. A Development Agreement has been signed and financial guarantees are in place to cover the completion of the on-site improvements and assessments. The consulting engineer on this project has reviewed the final plat and recommends approval. Title work has been submitted to the City Attorney and approval should be subject to this review and approval. Council Member Kuether moved to approve the final plat of Pheasant Hills Preserve, Third Addition subject to review and approval of the title by the City Attorney. Council Member Neal seconded the motion carried unanimously. CITY ENGINEER'S REPORT Review Bids for a Portion of the County Lake Estates Sanitary Sewer Project that would Serve Living Waters Church - Mr. Schneider explained because the Rice Creek Watershed District (RCWD) has not issued a permit for the Country Lakes Estates plat, trunk water and sewer extensions have not been completed for service to the Living Waters Church. The church building is nearing completion and occupancy is expected at the end of November. In order to provide utility service to the Church, bids have been solicited to complete the installation of sanitary sewer pipe across the Living Waters Church property. This sanitary sewer pipe will not be "live" until the westerly extension and connection to the sanitary trunk is completed in the spring of 1994. The low bidder is C. W. Houle, Inc. and Mr. Schneider recommended that the City Council approve this bid. Mr. Schumacher explained that staff is meeting with the RCWD developers engineer to try to come to an agreement regarding wetlands delineation for Country Lakes Estates. It appears that PAGE 5 rt/ r f L . ' 1 COUNCIL MEETING OCTOBER 25, 1993 there can be some mitigation in the area near the ditch and with some additional engineering the wetlands can be redelineated to the satisfaction of everyone. It appears that not much modification in the original plan is necessary and the trunk sewer alignment will be nearly the same as approved. Mayor Reinert asked if the current RCWD Administrator has a degree in engineering. This information was not known. Mr. Schumacher noted that the meeting he had with her was very positive and he felt that questions regarding this subdivision would be resolved soon. Council Member Neal moved to accept the bid from C. W. Houle, Inc. in the amount of $20,723.00 as recommended by the City Engineer. Council Member Elliott seconded the motion. Motion carried unanimously. SET PUBLIC HEARING DATE FOR DECEMBER 13, 1993, 6:45 P.M., PLAN AMENDMENT, TAX INCREMENT FINANCING DISTRICT NO. 4, RESOLUTION NO. 89 - 93 Mr. Wessel explained that TIF District No. 4 was established in 1990. The plan for this district requires modification to provide public assistance for specific proposed businesses which have received site and building approval such as Accu -Tool and Perceptive Engineering. The City is required by state statute to hold a public hearing on the proposed modifications. Mr. Wessel explained that all financial arrangements will be complete for these two (2) businesses prior to the public hearing. He noted that the modification will be to the entire district but specific to the above mentioned businesses at this time. Council Member Kuether moved to adopt Resolution No. 89 - 93 setting the public hearing. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTIONS ADOPTING THE APOLLO MEADOWS AND RESHANAU LAKES ESTATES, FIFTH ADDITION ASSESSMENTS Resolution No. 79 - 93 Adopting Assessment for the Improvement of Apollo Meadows - Mr. Schneider explained that the hearing for this assessment was called for October 11, 1993. However, the developer presented a letter objecting to the assessment and a decision on the assessment was delayed to allow time for staff to meet with the developer and come to an agreement. Mr. Schneider explained that this improvement received preliminary approval under the previous (old) assessment policy because the entire PAGE 6 1 1 1 1 1 1 2r COUNCIL MEETING OCTOBER 25, 1993 project was started in 1990 and put on hold until Apollo Drive could be completed. The developer has submitted all the required documentation to confirm this assertion. Therefore, it is the recommendation that the assessment be adjusted to allow credit for ponding and other drainage work constructed by the contractor on the site. There has been another change in the calculation of the sanitary sewer and water main assessment of approximately $6,000.00. The total assessment is now $293,466.18 as compared to the previously calculated $329,170.38. Council Member Kuether moved to adopt Resolution No. 79 - 93 Adopting the Assessment for Apollo Meadows. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 79 - 93 can be found at the end of these minutes. Resolution No. 87 - 93 Adopting Assessment for the Improvement of Reshanau Lake Estates South, Fifth Addition - Mr. Schneider explained that the hearing on this assessment was call for October 11, 1993. However, the developer presented a letter of objection to the assessment and a decision regarding the assessment was delayed to allow staff to meet with the developer and come to an agreement. Mr. Schneider explained that the developer's objection was to the amount of interest included in the assessment. In reviewing the file on all of the additions within this plat, it was determined that all interest on all phases of the plat were paid up to 1991. Since there was no cost for the Fifth Addition until July, 1992 the assessment roll should have contained interest from July, 1992 through October, 1993. The assessment rolls have been revised and the developer agrees with the revised figures. Mr. Schneider recommended that Resolution No. 87 - 93 be adopted by the City Council. Council Member Kuether moved to adopt Resolution No. 87 - 93 Adopting the Assessment for Reshanau Lake Estates South, Fifth Addition. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 87 - 93 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 93 - 20 INCREASING THE QUARTERLY SALARY OF MEMBERS OF THE PLANNING AND ZONING BOARD AND FIRST READING OF ORDINANCE NO. 93 - 21 INCREASING THE QUARTERLY SALARY OF MEMBERS OF THE PARK BOARD The City Council recognized the growth of the community and the effect it has on its advisory boards and commission and directed staff to prepare ordinances that would increase their compensation. Staff conducted a survey of similar cities and PAGE 7 25 COUNCIL MEETING OCTOBER 25, 1993 drafted two (2) ordinances that would increase the compensation for the Park Board and the Planning and Zoning Board only. These are the only two (2) boards or commissions established by the City Code and are the only boards or commissions whose salaries are proposed to be increased. Other boards and commissions will be evaluated at a later date. The Ways and Means Committee reviewed the recommendation from staff and recommends approval. Council Member Kuether moved to adopt Ordinance No. 93 - 20 increasing the compensation of the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 93 - 20 can be found at the end of these minutes. Council Member Kuether moved to adopt Ordinance No. 93 - 21 increasing the compensation of the Park Board. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 93 - 20 can be found at the end of these minutes. ATTORNEY'S REPORT Notice of Filing Order for Summary Judgement, Racutt - Mr. Hawkins explained that the City had brought suit against Mr. and Mrs. Racutt for ordinance violations. All matters in this suit have been resolved and the Racutt's are in compliance with the City ordinances. The Racutt's filed a suit against the City for several different reasons. The City filed a Summary Judgement motion to have the suit dismissed and the court has agreed and disallowed the Racutt suit. All legal action has been completed and the Racutt's have complied with all ordinance requirement. Advise Council on Public Accusations Pertaining to Violation of City Charter, Section 8 in Reference to Apollo Drive Improvement Project - Questions regarding the financing of the Apollo Drive Improvement have been raised during the political campaign. The Area and Connection Fund was created to collect fees from developers to finance the portion of improvements that cannot be financed by assessments. A landowner who opposes assessments is not required to connect or to pay an assessment. However, when that landowner does connect to the utility, he is required to reimburse the Area and Connection Fund for fees that were paid in his behalf by the developer. Apollo Drive was not funded or contemplated to be funded from General Funds. Costs were taken from the Area and Connection Fund and these costs will be reimbursed as businesses are constructed and assessed. The improvement was not "forced" on anyone. The only time a current resident would be assessed is if they actually connect to the PAGE 8 1 1 1 1 1 1 259 COUNCIL MEETING OCTOBER 25, 1993 system. PUBLIC HEARING, CONSIDERATION OF PROPOSED IMPROVEMENTS, LAKE DRIVE (COUNTY ROAD 23) AND HIGHWAY 49 (HODGSON ROAD) INTERSECTION An extensive feasibility report for this improvement has been prepared and received by the City Council. The only property to be assessed for the improvement is the owner of Government Lot 1, Section 30, Mr. George Reiling. Mr. Reiling has met with staff to discuss the proposed assessment and has requested further information that will be reviewed with him and his potential buyer in the next two (2) weeks. If the public hearing is held tonight, Mr. Reiling would certainly petition against the improvements. The staff is recommending that the public hearing be opened and then continued for the actual presentation at the next Council meeting scheduled for November 8, 1993 at 6:45 P.M. Mayor Reinert opened the public hearing at 7:15 P.M. Council Member Elliott moved to continue the hearing to November 8, 1993, 6:45 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. OPEN MIKE Dean Smith, 193 Elm Street - Mr. Smith presented a letter to the City Council regarding a complaint against Officer Sal Costa and another police officer that was riding with him at the time of an incident involving Mr. Smith. He explained that he is planning to file a complaint against Officer Costa and was considering filing the complaint with Anoka County. Mayor Reinert said that the complaint will be referred to the City Administrator for investigation. Mr. Schumacher explained that the City has a specific format to be used when receiving citizen complaints and this format will be used for this complaint. Mr. Smith will be contacted and given a follow-up report in the matter. Harold Bisel, 6381 - 20th Avenue - Mr. Bisel explained that he has raised questions regarding the Apollo Drive improvement not because he opposes the improvement but because he believes that the City Charter was violated. He said he understood that the petition received by staff was a petition against assessments and not against the project. However, there is no provision in the Charter for a petition against the assessments, only against the improvement. Therefore, it is his feeling that the petition submitted to staff should have stopped the entire project. Mr. Schneider explained that he met with the landowners opposed to be assessed and helped them prepare the petitions against the PAGE 9 - 26) COUNCIL MEETING OCTOBER 25, 1993 assessments. The landowners were not opposed to the improvement and did not want to stop the process for an entire year. Mayor Reinert noted that the project was begun in 1991 when Mr. Bisel was still on the City Council. The entire process has been carefully watched and individual residents were kept updated on the progress of the project. Mr. Schneider explained that Phase II is where the question from Mr. Bisel is originating. None of the property owners have been assessed in Phase II and will not be assessed until they actually connect to the services. He noted that of the approximately eight (8) landowners affected by Phase II, more than half petitioned against the assessments but not the project. Mr. Bisel said he still believes that the City Charter does not allow the City to proceed on an improvement if there is a petition against assessments. He said somewhere the City Charter was "side stepped". Mr. Hawkins will check the records and the City Charter and bring a report back to the City Council on the matter. OLD BUSINESS Consideration of Disbursements for October 25, 1993 - Council Member Kuether questioned a payment made for Council Member Neal's lodging in Orlando. Mr. Schumacher explained that this disbursement is for lodging during the Nation League of Cities meeting. Council Member Kuether questioned the bill from the Police Department for their cellular telephone in the amount of $856.00. Mr. Schumacher explained that this is a three (3) month bill. Council Member Kuether questioned the bill from U.S. West in the amount of $985.00. Mr. Schumacher did not have the breakdown on this bill but will provide the information to the City Council. Council Member Neal questioned the bill for civil defense sirens. Mr. Schumacher explained that the City carries a maintenance contract for the sirens and this is the annual cost of the contract. Council Member Neal questioned the bill from Commercial Asphalt. Mr. Schumacher explained that this company provided the seal coating on some City streets. Council Member Neal questioned the expenditures for the asphalt overlay program and the expense for Softball Minnesota Recreation PAGE 10 1 1 1 1 261 COUNCIL MEETING OCTOBER 25, 1993 program. Mr. Schumacher will also checked these items and give the information to the City Council. Council Member Kuether moved to approve the Disbursement Listing with the exception of the billing for the civil defence sirens. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Comprehensive Gas Franchise Plan for the City of Lino Lakes for January 1, 1994 - Mr. Schumacher explained that the City has a "window of opportunity" with the Circle Pines Gas Company and he would like to start the process to assess this area to determine what plan of action would be in the best interest of the City. He also noted that the gas franchise with the former Midwest Gas now Minnegasco has lapsed and must be renegotiated. Mr. Schumacher said he will be working on this matter over the next several months and anticipates the need for some professional assistance to prepare options to present to the City Council. The City Council will have to decide how they want to proceed. Mr. Schumacher also noted that the federal government will be changing some rules and regulations regarding gas utilities and this is a good time to review all avenues open to the City. Council Member Kuether asked if there is a time table for this matter and Mr. Schumacher said no, however, the City must notify the City of Circle Pines 18 months prior to any change in the operation of that gas utility. Set Canvass Board for November 3, 1993, 5:00 P.M. - This date was set for the City Council to canvass the municipal election. Council Member Neal moved to adjourn at 7:40 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular City Council meeting held on November 8, 1993. MaiilynJG. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 11 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 89 — 93 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-4 WHEREAS, the City Council of the City of Lino Lakes, Minnesota, (the City) has established Development District No. 1 pursuant to Minnesota Statutes, sections 469.124 through 469.134; and WHEREAS, within Development District No. 1, the City has established TIF District 1-4; and WHEREAS, WHEREAS, it has been proposed that the Plan for TIF District No. 1-4 be modified in order to be able to offer additional public assistance; and the City has transferred authority for TIF District No. 1-4 to the Lino Lakes Economic Development Authority (the EDA) but the City is required by statute to hold a public hearing on the proposed modification. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: 1. Holmes & Graven, Chartered is hereby authorized and directed to prepare a modification to the Plan for TIF District No. 1-4 and to file a copy thereof with the City Administrator. 2. The City Administrator is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing on the modified Plan before the City council on the 13th day of December, 1993, at 6:45 P.M. in the council chambers. The notice shall be published in the newspaper at least 10 days but not more than 30 days prior to such public hearing. 3. The City Administrator is hereby authorized and directed to submit a copy of the modified Plan to the county and school district for comment and to notify the same of the time and place of the hearing to be held before the City Council. 4. The City Administrator and consultants are authorized directed to take all other actions necessary to bring t modified Plan before the City Council at the time of the public hearing. Adopted this 25th day of October, 1993. and h e 1 1 1 1 1 RESOLUTION NO. 9 - 93 Page -2 263 Vernon F. Reinert, Mayor ATTEST: MarilynJjG. 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: Elliott, Kuether, Neal, Reinert. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. 264 Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES Resolution No. 79 - 93 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF APOLLO MEADOWS WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the above improvement of Apollo Meadows, 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 benefitted 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 installment to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of eight and one half (8 1/2%) 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 1, 1993. 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 November 15, or interest will be charged through December 31 of the next succeeding year. 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 1 1 1 1 1 26 RESOLUTION NO. 79 - 93 Page -2- be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 11th day of October, 1993. Vernon F. Reinert, Mayor Mar yClerk-Treasurer it G. Anderson, The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal, Reinert. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. 266 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES Resolution No. 87 - 93 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, FIFTH ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the above improvement of Reshanau Lake Estates South, Fifth Addition, 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 benefitted 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 installment to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of eight and one half (8 1/2%) 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 1, 1993. 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 November 15, or interest will be charged through December 31 of the next succeeding year. 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 1 1 1 1 RESOLUTION NO. 87 - 93 Page -2- be collected and paid over in the municipal taxes. Adopted by the Council this llth day of Marilyn GV Anderson, Clerk -Treasurer same manner as October, 1993. other Vernon F. Reinert, Mayor 267 The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal, Reinert. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. 26`,3 Council Member Kuether moved its adoption: introduced the following ordinance and CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 93 - 20 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 212.06, BY INCREASING THE QUARTERLY SALARY OF MEMBERS OF THE PLANNING AND ZONING BOARD The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. 212.06 Compensation for Members. The Planning and Zoning Board members shall receive a quarterly salary of $150.00 ($50.00 per meeting). The chair of the Planning and Zoning Board shall receive a quarterly salary of $225.00 ($75.00 per meeting). II. This ordinance shall be effective on January 1, 1994. Adopted by the Lino Lakes City Council this 25th October , 1993. day of Vernon F. Reinert, Mayor Maritlyn O. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal, Reinert. The following voted against same: None, Council Member Bergeson was absent. Whereupon said ordinance was declared duly passed and adopted. 1 1 1 1 269 Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 93 — 21 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 211.05, BY INCREASING THE QUARTERLY SALARY OF MEMBERS OF THE PARKS RECREATION AND ENVIRONMENT BOARD The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. 211.05 Appointment and Compensation of Members. The board shall consist of seven (7) members and they shall be appointed by a majority of the City Council and shall receive a quarter salary of $150.00 ($50.00 per meeting) with the chair of the board to receive $225.00 per quarter ($75.00 per meeting) consistent with the mayor/council relationship. II. This ordinance shall be effective on January 1, 1994. Adopted by the Lino Lakes City Council this 25th day of October , 1993. Marilyn(G. Anderson, Vernon F. Reinert, Mayor Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal, Reinert. seconded by Council Member Neal The following voted against same: None, Council Member Bergeson was absent. Whereupon said ordinance was declared duly passed and adopted.