Loading...
HomeMy WebLinkAbout01/13/1992 Council Minutes20 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JANUARY 13, 1992 DATE • TIME STARTED : TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : January 13, 1992 6:30 P.M. 8:35 P.M. Reinert, Neal, Kuether, Elliott None Staff members present: City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Public Works Director, Don Volk; Chief of Police, Dean Campbell; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. Roll call was taken. No other items were added to the agenda. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, December 19, 1992 DISBURSEMENTS: December 31, 1991 January 12, 1992 Centennial Fire District DISPOSITION Approved Approved Approved Approved Resolution No. 92 - 03 Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations Under the Internal Revenue Codes Approved Consideration and Approval of Easement Acquisition from Vivian Hanson for Reshanau Lake Trunk Sewer Improvement REGULAR AGENDA PAGE 1 Approved 1 1 1 COUNCIL MEETING OPEN MIRE No one appeared under Open Mike. CONSIDERATION AND APPROVAL OF THE FOLLOWING FINANCE DEPARTMENT RESOLUTIONS: JANUARY 13, 1992 Resolution No. 92 - 04 Authorizing Write off of Uncollectible Accounts Receivable in the Dedicated Park Fund (Ulmer's Rice Lake Addition) Resolution No. 92 - 05 Authorizing the Transfer of Monies from the 1991 Construction Fund to the Interim Construction Fund and from the Contractor deposit Fund to the 1991 Construction Fund Resolution No. 92 - 06 Transferring Funds and Closing 1981 Improvement Bonds to the Closed Bond Fund Resolution No. 92 - 07 Transferring Funds from the General Fund to the 1990A Improvement Bonds for the Fire Station Bond Payment Resolution No. 92 - 08 Transferring Funds and Closing the 1988A Construction Fund to the Improvement Bonds of 1988A Resolution No. 92 - 09 Authorizing the Transfer of Monies to the Improvement Bonds of 1983 and the SAC Revolving Fund to Close the 1983 Construction Fund Resolution No. 92 - 10 Authorizing the Transfer of Monies into the Economic Development Authority Fund from the Closed Bond Fund Resolution No. 92 - 11 Authorizing the Transfer of Monies into the 1988 Temporary Improvement Bonds from the 1988B Construction Fund Resolution No. 92 - 12 Closing the 1988B Temporary Improvement Bonds into the 1991A Improvement Bonds Resolution No. 92 - 13 Transferring Funds from the Sewer and Water Enterprise Fund to the Connection and Area Charge Capital Project Fund Resolution No. 92 - 15 Transferring Funds from the 1991 Construction Fund to General Fund for Administration and Aerial Costs Recovery Mr. Schumacher explained that these are routine year end transfers and explained why the transfer is being made in Resolution No. 92 - 04. Council Member Neal moved to adopt all of the above mentioned resolutions. Council Member Elliott PAGE 2 22 COUNCIL MEETING JANUARY 13, 1992 seconded the motion. Motion carried unanimously. All of the above referenced resolutions can be found at the end of these minutes. CONSIDERATION OF BIDS FOR RENOVATION OF OLD FIRE BARN FOR POLICE OFFICES Mr. Volk explained that the City is acting as general contractor for remodeling the interior of the old fire hall on Lake Drive. Plans have been prepared and cost estimates have been solicited for four (4) different aspects of the remodeling; general carpentry, electrical, heating and cooling and floor covering. General carpentry estimates were received from two (2) companies; Steven LaVessuer Drywall Service, Columbus Township, $13,922.00 and Jim's Remodeling, Lino Lakes in the amount of $14,000.00. Mr. Volk noted that the Council has previously been on record as awarding contracts to local businesses when it is practical. In this case, the local business cost estimate is $78.00 higher than the low bidder. The total estimated cost of the remodeling is $30,537.94. This is slightly higher than originally estimated. Council Member Neal asked for clarification of the scope of the remodeling. Mr. Volk explained that this is interior remodeling of the current office areas and construction of office space in the current garage area. It does not include adding on another garage or any updating of the exterior of the building. Council Member Kuether asked if the estimate of $14,000.00 was rather high? Mr. Volk explained that it included demolishing some walls, adding walls, painting, staining and ceilings. This would be a total renovation of the interior. The remodeling project will take approximately three (3) weeks and it appears that the police personnel can move into the building about the middle of February. Chief Campbell said that he and his staff are excited about moving into the building. He noted that there will be some additional expense for furniture but this should not be a big problem. Council Member Kuether moved to approve the remodeling of the old fire hall and award the general carpentry construction to Jim's Remodeling for $14,000.00, the heating and cooling to Anderson Burner Service Company for $6,900.00, the electrical and lighting services to Remington Electric Company for $5,066.00 and the floor covering to Carpets Galore for $4,649.94. Council Member Neal seconded the motion. Mr. Volk noted that the floor covering was estimated at $11.35 per square yard. This should be PAGE 3 1 1 1 1 1 COUNCIL MEETING adequate. JANUARY 13, 1992 Council Member Neal asked if the sign in•the front of the building could be lighted and used for advertising City meetings and other City news items. Mr. Volk said he would look into this. Voting on the motion, motion carried unanimously. ENGINEER'S REPORT Resolution No. 92 - 14 Declaring Ware Road Sewer, Water and Street Improvement Terminated - Mr. Schneider explained that 14 of the 20 landowners have presented a petition against the improvement project asking that this improvement project be terminated because the assessments are higher than anticipated. Council Member Neal moved to adopt Resolution No. 92 - 14. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 14 can be found at the end of these minutes. Status Report - Rice Lake Court Sewer and Water Improvement. Mr. Schneider explained that the improvement hearing was held on October 28, 1991 and the 60 day waiting period has now lapsed. A meeting was held with the affected landowners on December 16, 1991. Mr. Menkveld, owner of Outlot A has been negotiating with the DNR and the ACORP to trade some wetlands. If he is successful, he will divide the Outlot and this will reduce the improvement costs for all affected landowners. Mr. Schneider recommended that the Council take no action on this matter at this time. Mr. Hawkins reminded the Council that they must take some action within the time period outlined in state statutes. Council Member Kuether moved to take no action and to allow public discussion to continue on lot subdividing. Council Member Neal seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Oak Brook Peninsula - Mr. Hawkins explained that a settlement agreement has been reached in this matter. The City will be required to place two (2) signs on Otter Lake Drive and the City has been removed from all other action. Mr. Hawkins recommended that the City Council accept the settlement and authorize the necessary signatures on the agreement. Council Member Neal moved to accept Mr. Hawkins recommendation. Council Member Kuether seconded the motion. Motion carried with Council Member Elliott abstaining. PAGE 4 24 COUNCIL MEETING JANUARY 13, 1992 OLD BUSINESS Consideration of Snowmobile Incidents and Recommendation for Snowmobile Control - Chief Campbell presented a memorandum to the Council outlining some of the problems experienced by the Police Department this winter. He also explained that an aggressive saturation patrol was conducted the weekend of December 6, 1991. Through the cooperation of the Anoka County Snowmobile Patrol, the Minnesota Department of Natural Resources and with the loan of two (2) snowmobiles, the Lino Lakes Police Department was successful in contacting over 200 snowmobilers. A total of 48 citations were issued for a variety of violations. The Police Department talked with the local snowmobile club and the newspapers printed several articles regarding the problems. Since this time telephone calls and other activities regarding snowmobiles have substantially been reduced. Chief Campbell explained that the aggressive effort in this area will be continued and he recommended that the Council take no further action in this area. He will return to the Council if additional problems arise. Mayor Reinert thanked Chief Campbell for his report. Consideration of Police Towing Services - In December the City Council requested that the Police Department place an advertisement in the local newspapers requesting proposals for police towing and impounding. Two services, Blue Tow and Auto Medics responded to the advertisements and submitted proposals. Both companies offer similar services to law enforcement agencies in the area. Chief Campbell submitted background material on both towing services. He noted that for about 10 years, the City has been using Blue Tow. He noted that their staff has been responsible, easy to work with and have processed the paperwork in an orderly and timely manner. Blue Tow has been prompt and cooperative and no officer or citizen has filed a complaint. The cost proposals from both services indicated that initially, Auto - Medics would be less expensive. In checking other municipalities in the area, the pricing for Blue Tow was the same as quoted for Lino Lakes. Auto Medics charge more than the amount quoted for Lino Lakes in Circle Pines, Lexington and Centerville. Chief Campbell recommended that Lino Lakes continue using Blue Tow services and then review the service in the fall of 1992. Council Member Elliott moved to continue the Blue Tow service and review the service annually. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 5 1 1 1 1 1 COUNCIL MEETING JANUARY 13, 1992 PUBLIC HEARING, RICE LAKE DRIVE IMPROVEMENT Mayor Reinert opened the public hearing at 7:02 P.M. Mr. Schneider explained that a petition had been received requesting a feasibility report for Rice Lake Drive starting at Ulmer Drive and ending at Elm Street. Mr. Schneider used the overhead projector and presented the information contained in the feasibility report including costs. He noted that several of the lots on Rice Lake Drive can be subdivided. The feasibility report indicates costs if a lot is divided and costs if the lot remains undivided. Mr. Schneider gave a brief explanation of the petitioning procedure as outlined in the City Charter. The Council will not take action tonight but will wait for 60 days to allow time for property owners to petition against the improvement if they so desire. Council Member Neal asked if the Elko lot on Elm Street can be subdivided. Mr. Schneider said that he had not looked at this. He noted that this lot is currently connected to municipal water service. Anita Fenno, 7172 Rice Lake Drive explained that there is a 75 foot easement across her lot. She asked if this easement would prevent her lot from being divided into three (3) lots. Mr. Schneider said he would review this lot and let Mrs. Fenno know how many lots could be subdivided. Cheryl Nelson, 7073 Rice Lake Drive explained that she has been designated as the unofficial spokesperson for the hearing. She noted that the costs were prohibitive and explained that state law states that assessments totaling more than the increase in value of the lot cannot be assessed. Mrs. Nelson asked if TIF could be considered for this area. She was told that TIF could not be considered. Mrs. Nelson addressed the storm sewer proposal and Mr. Schneider explained this item. Council Member Kuether noted that although some houses were constructed in the middle of the lot, the lot may be subdivided and combined with a similar division of the next lot. This would allow for some income for every lot. Edward Kujawa, 7109 Rice Lake Drive explained that he moved into his home in November and has not received any of this information. The City Clerk will send this information to him. Darrell Davidson, 7149 Rice Lake Drive explained that he has an extended garage on his lot and will not be able to subdivide the lot. He said that he could not afford the assessment. He asked PAGE 6 26 COUNCIL MEETING JANUARY 13, 1992 how assessments were calculated. Mr. Schneider explained the procedure and noted that front footage is a part of the formula. Mrs. Nelson noted the storm sewer proposed for the east side of the lots on the east side of Rice Lake Drive. She asked why the lot owners were asked to pay for storm sewer at this time since it appears that a street will not be constructed on the rear of the lots now or maybe never. Mr. Schneider explained that the storm sewer for this area will not be constructed unless it is needed. Richard Fenno, 7172 Rice Lake Drive asked if there was any precedence for assessing the entire amount at this time. Mr. Schneider explained that it is a normal procedure. Mr. Fenno said that if this improvement is approved and he is assessed the entire amount, and 20 years from now when the entire staff at city hall has changed and the residents decide that they want the street constructed, who will remember that he has paid the entire assessment and will not try to assess him again. Mr. Schneider explained a record of his assessment would be maintained. There was no further comment from the public. Council Member Neal moved to close the public hearing at 7:42 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Reinert explained that this begins the 60 day waiting period. If anyone has further questions or need additional information, they should contact the city hall or the City Engineer. PUBLIC HEARING, REZONE OF OUTLOT A, NORDIN MANOR, FIRST READING OF ORDINANCE NO. 02 - 92 Mayor Reinert opened the public hearing at 7:43 P.M. Mr. Schumacher explained the property is located on the east side of Lake Drive near the Columbus Township boundary and consists of approximately 1 /10th of an acre. It is not large enough for any useful purpose. The General Business (GB) zoning of the property is of no benefit to the property owner who wants to use the property for residential purposes. The rezone request is consistent with the Comprehensive Land Use Plan. Robert Cordell, 8380 Lake Drive explained that he is representing the owner of the property, the Alcock Estate. He noted that currently he lives on the northern portion of the property adjacent to Outlot A and he owns and operates a business from this property. Mr. Cordell expressed concern about his business and said that granting the rezone should in no way interfere with the operation of his business. He noted that he was PAGE 7 1 1 1 COUNCIL MEETING JANUARY 13, 1992 "grandfathered" since his business was established when his property was zoned commercial and prior to the rezoning to Suburban Residential. Ed Triese, 1220 Stohl, Arden Hills explained that he is purchasing the large 30 acre parcel from the Alcock Estate and asked for a clarification of the easement on the south boundary. Mr. Hawkins explained that he had looked at a copy of the document filed at Anoka County and it appeared that the easement is a private easement between the Alcock Estate and Mr. Jerry Rosengren. Although a public hearing has been set to vacate the easement, no action will be taken by the City Council at that hearing because it is not a public easement. Mr. Triese asked if anyone could build on the easement. Mr. Hawkins said no, it is not a public roadway easement. He also explained that it is a permanent easement unless an agreement can be reached with Mr. Rosengren to release his right described in the easement document. Mayor Reinert explained that the easement is a private matter between the Alcock Estate and Mr. Rosengren although originally it appeared to be otherwise. Council Member Neal moved to close the public hearing at 7:52 P.M. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. Council Member Elliott moved to approve the first reading of Ordinance No. 02 - 92 rezoning Outlot A, Nordin Manor from General Business to Suburban Residential. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. CONSIDERATION OF INTERIM ORDINANCE NO. 01 - 92 PLACING A MORATORIUM ON PLATTING IN THE CITY OF LINO LAKES Mr. Schumacher gave the Council Members a copy of the proposed Ordinance No. 01 - 92 explaining that this is considered an emergency ordinance. He noted that this matter had been addressed at the January 7, 1992 Council work session. There had also been discussion regarding the development over the past few months and the need to evaluate the impact of the development on this City. Concerns such as the Comprehensive Land Use Plan, Zoning Ordinance, assessment plan, infill policy and other related matters had also been discussed. The staff was requested to prepare an interim ordinance so that the City could take time and evaluate the impact of the recent development. Mr. Schumacher read the Legislative Find of Fact portion of the proposed ordinance and summarized the balance of the ordinance. PAGE 8 27 2B COUNCIL MEETING JANUARY 13, 1992 Mr. Schumacher noted Subdivision V, Exceptions of the proposed ordinance and explained that the City has been working with several developers and the Council may wish to list them in the exceptions. This would avoid the possibility of redrafting this ordinance at a later date. Mayor Reinert noted that there are about five (5) plats involved in the possible exceptions portion of this ordinance. They are: Quail Ridge, Hokanson Development, Shores of Lake Marshan, Menkveld Development, Black Duck Estates, Royal Oaks Realty, Barott Property, Rick Carlson and Unnamed Tilsen Residential property, Gary Uhde developer. These would be considered "infill" subdivisions. They are properly zoned, included in MUSA and allowed according to the Comprehensive Land Use Plan. Mr. Schumacher explained that this ordinance as it is currently written would limit for a period of time all rezones and approvals of preliminary and final plats other than those noted in Subdivision V, Exceptions. Mayor Reinert asked if the Menkveld property would be considered "infill ". Mr. Schneider said yes it uses existing systems, although some additional installations may be needed, it is contiguous with Wenzel Farms. Council Member Kuether said she felt that passing this ordinance would be extremely radical behavior on the part of the Council. It would be "shutting down the store" when the City is finally taking shape. She did not understand the need for the ordinance and was not aware of any big problem. Council Member Kuether said that she does not know if the Police Department is "stretched ". There have not been a lot of complaints registered against the Police Department of other staff. She noted that we do get a bit of "rumbling" from the developers but that is to be expected when a city is developing as fast as Lino Lakes is developing. Council Member Kuether said the moratorium will hurt our economic development plan. Fast food businesses and retail businesses will be looking for a lot of residential developments and we will not have them. Council Member Kuether said it is her opinion that the affects of the moratorium will not appear until 1993 or 1994. She did not think a lot of thought had been put into this matter. It was noted that minor subdivisions of four (4) lots or less will not be affected by the moratorium. It was also noted that the period of the moratorium could be reduced if it is determined that all items to be addressed have adequately been addressed. Mr. Hawkins explained that if the moratorium is to be seriously considered, it must be as an emergency ordinance taking effect PAGE 9 1 1 COUNCIL MEETING JANUARY 13, 1992 immediately. Otherwise, developers will make a last minute effort to present preliminary late prior to the deadline. Council Member Kuether said she felt that this is sending a message that the City does not know what it is doing. Mayor Reinert said he did not agree that the moratorium was a radical effort and noted that the City of Shoreview just lifted a moratorium and a moratorium is in progress in Oak Grove. He noted that this City will get only one (1) chance to develop properly and too many mistakes are happening that the City will never be able to go back and correct. Mayor Reinert noted that things are going through the process and are not being properly "groomed ". He noted "leap- frog" and wetland problems. There have been a lot of mistakes and a lot of controversy and developers are hearing a lot of things that are wrong. Mayor Reinert felt that this was not fair to the developer. He said he felt the City has an obligation to do the best job possible and to do what is best for the City. Mayor Reinert said he felt developers were guests and they should be doing what is right and not make a lot of big mistakes. Ron Birch, 3788 Labore Road, Gem Lake said that he did not hear the complete list of preliminary developments that would be considered exempt from the moratorium. He noted that he has been working on his development for over a year and asked if he was on the list. Mayor Reinert said he was not on the list of allowable developments. Mr. Hawkins explained that the other projects are active and allowed within the zoning area and within the Comprehensive Land Use Plan of the City. Mr. Birch's development was turned down by the Council, it is not permissible in the area and because of the action of the Council it was not included on the list. Mr. Birch said he did not realized that he was turned down by the Council. Mayor Reinert said this would be addressed later. Council Member Neal moved to adopt Ordinance No. 01 - 92 placing a moratorium on platting within the City until July 1, 1992 and to include the five (5) exceptions as noted by the City Administrator. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether voting no. Ordinance No. 91 - 92 can be found at the end of these minutes OLD BUSINESS (CONTINUED) Consideration and Approval of December 19, 1991 Council Minutes, Clarification of Council Action for Pheasant Hills Preserve - Mr. Schumacher said he did not attend the December 19, 1991 Council meeting and wanted to be very clear regarding the action taken regarding privately installed utilities versus publicly installed PAGE 10 30 . COUNCIL MEETING JANUARY 13, 1992 utilities for the remaining phases of Pheasant Hills Preserve. He gave a brief background on this development and noted that the improvements installed in the first phase had been publicly installed. He also noted that the preliminary plat for this development had been approved prior to the amendment to the improvement policy. Mr. Schumacher asked if the Council agreed that the developer has the right to come before the Council and request the right to privately install utilities for each of the next phases of Pheasant Hills Preserve? Mr. Volk said it was his understanding that the Council gave the developer the option of requesting developer installed utilities. Mayor Reinert explained that the Council action on December 19, 1991 was confusing. However, it was the consensus that the developer may come before the Council at the beginning of each phase and request that he be allowed to privately install the utilities. The Council will make a decision based upon a review of the developers performance on the prior phases. It was not a "blanket" approval. The developer will be allowed to privately install utilities in the second phase if he so desires. Clarification of Council Action Regarding Rezone Request for Amelia Lake Estates - Mr. Hawkins noted that the motion to rezone Amelia Lake Estates failed at the December 19, 1991 Council meeting. He explained that the minutes should contain the reasons for this action. He also noted that the request to amend the Comprehensive Land Use Plan also failed. To solidify the City's position, reasons for each of the failures to approve the requests should be set out in the minutes. The basis for the effective denial on the requests should be outlined especially since the City is in litigation on the matter. Mr. Hawkins requested that approval of the December 19, 1991 Council Minutes be delayed to formulate basis of the Council actions. He has discussed this with legal counsel on the litigation issue and they concur and a meeting will be held this week regarding the litigation. In addition the landowner has the right to know why the Council took that particular action. Approval of the December 19, 1991 Council Minutes will be placed on the January 27, 1992 agenda. NEW BUSINESS Consideration and Approval of Renewal of Ladies Auxiliary VFW Post 6583 Gambling License - The Ladies Auxiliary is applying to the state for renewal of their gambling license. This organization has complied with the Lino Lakes Gambling Ordinance and has provided a detailed list of places receiving benefit from the proceeds of the gambling receipts. Several organizations and individuals were noted. Police Chief Campbell has noted that PAGE 11 1 1 1 COUNCIL MEETING JANUARY 13, 1992 there have been no problems or incidents associated with this gambling operation. Council Member Neal moved to approve the renewal of the Ladies Auxiliary VFW Post 6583 gambling license. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration and Approval of Renewal of Circle -Lex VFW Post 6583 Gambling License - The Circle -Lex VFW is applying to the state for renewal of their gambling license. This organization has complied with the Lino Lakes Gambling Ordinance and has provided a detailed list of places and individuals receiving benefit from the proceeds of the gambling receipts. Several organizations and individuals were noted. Police Chief Campbell has noted that there have been no problems or incidents associated with this gambling operation. Council Member Neal moved to approve the renewal of the Circle - Lex VFW Post 6583 gambling license. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Year End Building Report - Mr. Kluegel presented his report to the Council. He noted that a total of 396 building permits were issued and 212 were for new homes. The total valuation of the permits was $34,041,557.00. Mayor Reinert noted that the presentation by Mr. Kluegel represents only a part of the construction picture. The impact on city services and the school systems will not be known for years to come. Mr. Kluegel noted that his department has been very busy, however everything seemed to be moving well. He noted a demand for R -1 zoned lots. John McClellan, Minnesota Superintendent of the Year - Council Member Kuether noted that Mr. McClellan, Superintendent of Centennial Schools, has been selected as the Minnesota Superintendent of the Year. She congratulated him and asked that the City send him a letter of congratulations. Set Economic Development Authority Meeting - Council Member Kuether asked that an EDA meeting be set for Thursday, January 23, 1992 at 5:00 P.M. The purpose of the meeting will be organizational. Plans and procedures for marketing the Lino Industrial Park will be discussed. Mr. Schumacher will invite Mr. Jim Winkel to attend. Conference for Newly Elected Officials and for Other Elected Officials - Mrs. Anderson reminded the Council Members of the League of Minnesota Cities conferences for newly elected PAGE 12 32 COUNCIL MEETING officials and two (2) other Council Members who wish to registrations for them. JANUARY 13, 1992 seminars for elected officials. attend should have Mrs. Anderson make Council Member Elliott moved to adjourn at 8:35 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Council on January 27, 1992. Mar y , it G. An erson Vernon F. Reinert, Clerk- Treasurer Mayor PAGE 13 1 1 1 Council Member Neal and moved its adoption: introduced the following ordinance CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 01 -92 AN INTERIM ORDINANCE REGULATING THE USE, DEVELOPMENT OR ZONING OF LAND WITHIN THE RESIDENTIAL ZONING DISTRICTS FOR THE CITY OF LINO LAKES FOR THE PURPOSE. OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITY. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. Legislative Finding of Fact. The City of Lino Lakes, Minnesota, a predominantly residential and agricultural community has recently attracted development of residential areas within the City. While the City is not opposed to orderly or well planned residential development, the City of Lino Lakes wishes to study, develop, evaluate and if necessary modify plans and policies as they relate to it's Comprehensive Plan, Assessment Plan, Financial Impact Analysis, Surface Water Management impacts, and Utility Extension Plans to provide for the orderly development of residential land within the City. The City finds it to be in its best interests to take reasonable measures for a reasonable interim time to protect the planning process and the health safety and welfare of its citizens until appropriate evaluations and amendments can be effective. The City finds that unless reasonable measures are taken for a reasonable interim period to protect the public interest by preserving the integrity of the existing residential areas while changes to the plans and policies are studied, the existing zoning ordinances, development policies, and other land use regulations will destroy the integrity of residential area. The City finds that it is necessary to enact this Ordinance as an emergency Ordinance under Section 3.06 of the City Charter. That the normal effective date of ordinances would allow development proposals to be submitted to the City prior to the implementation of this Ordinance and would defeat the purposes set out herein. 33 34 II. Legislative Intent. It is the intent of the City Council to protect the planning and zoning process and implementation of changes by hereby adopting pursuant to authority vested in the City by Minnesota Statute 462.355, Subd. 4 of the State of Minnesota reasonable interim regulations for a reasonable period of time to allow for the preparation and consideration of changes to the cities' development policies and existing planning and zoning ordinances to protect the public health, safety and welfare and to prevent the continuation of a pattern of land use and development which would be inconsistent with the cities' development policies and existing planning and zoning ordinances. III. Affected Area; Supersedes. This ordinance shall apply and govern the residential areas of the City of Lino Lakes for the purpose of protecting the planning and zoning process and the health, safety and welfare of the City for a period 6 (six) months from the date of adoption. This ordinance, during its effective period, shall replace and superced provisions and all other ordinances and regulations applicable to the City of Lino Lakes which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinances shall continue in full force and effect. IV. Scope of Control Except as hereinafter provided in this ordinance, during the period following the effective date of this ordinance: A. Neither the Design and Review Board, or the City Council shall consider a request for any residential rezoning or grant preliminary approval,to any residential subdivision plat, site plan or other development map or application, regardless of the fact that such subdivision plat, site plan, or other development map or application has been submitted prior to the effective date of this ordinance for any subdivision or development lying within the City of Lino Lakes. V. Exceptions This ordinance shall not apply to approval of any minor subdivision as defined in the City Code, or (See Appendix A) VI. Appeal Provisions 1 1 1 The City Council shall have the power to vary or modify the application of any provissipns in this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with the letter and intent of the comprehensive plan or proposed amendment, upon which this local ordinance is based, and with the health, safety, and general welfare of the City of Lino Lakes. Upon receiving any application for such variance or modification, the City Clerk shall refer such application to the Design and Review Board of the City for report of said Design and Review Board with respect to the effect of the variance or modification upon said city development policies and existing planning and zoning ordinances. Such report shall be returned by the Design and Review Board to the City Council within sixty (60) days following the initial application and shall be placed on the next agenda of the City Council. VII. Penalties Any person, firm, entity, or corporation who violated any provisions of this ordinance shall be guilty of a misdemeanor as defined by state law. VIII. Validity The validity of any word, sentence, section,clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. IX. Effective Date. This emergency ordinance shall take effect upon adoption and publication as required by City Charter. Passed this 13th day of Januar -992. MarilynG. Anderson City Clerk Vernon F. Reinert Mayor 36 The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Reinert, Elliott. The following voted against same: Kuether Whereupon said ordinance was declared duly passed and adopted. Name of Plat Quail Ridge Shores of Lake Marshan Black Duck Estates Barott Property Unnamed Tilsen Residential EXHIBIT A Owner of Property Pershing Weaver Developer of Property Hokanson Development Forjay Greenhouses Menkveld Development Marcel & Keith Royal Oaks Realty Ebensteiner Rick Carlson Gary Uhde Rick Carlson Gary Uhde 1 1 Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 03 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council ") of the City of Lino Lakes, Minnesota (the "City "), as follows: 1. Recitals. (a) The Internal Revenue Service has issued proposed Treasury Regulations Section 1.103 -17 (as proposed and /or finally adopted, the "Regulations ") dealing with reimbursement bond proceeds, which would include those proceeds of the City's bonds to be used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued taxable or tax exempt borrowings, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the bonding occur and the reimbursement allocation be made from the proceeds of such bonds within one year of the payment of the expenditure (or not later than one year after the project is placed in service, if that is a longer period) , and that the expenditure relate to property having a reasonably expected economic life of at least one year. (c) The City desires to comply with requirements of the Regulations and to establish certain procedures relating thereto. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have made an official declaration of its reasonable intent (hereinafter referred to as the "Official Intent Declaration" or the "Declaration ") to reimburse itself for previous paid project expenditures out of the proceeds of subsequently issued taxable or tax exempt bonds or 3 • 38. other borrowings. The Council hereby authorizes the City Administrator to make the City's Official Intent Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made prior to the time the City pays the applicable project cost and shall state that the City intends to reimburse itself for the expenditure out of the proceeds of a taxable or tax exempt" bond issuance, debt, or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached and made a part of this Resolution. (b) Each Declaration shall and is hereby declared to be made and filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public and maintained or otherwise supervised by the officials authorized herein to make such Declarations. (c) Each Declaration shall be available for inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the making of the Declaration or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. Each Declaration shall contain a reasonably accurate general functional description of the type and use of the property for which the expenditure to be reimbursed is paid, including sufficient information so that a person who is not familiar with the property would generally understand the nature and function of that property. (d) Each Declaration shall identify the reasonably expected source or sources of funds that will be used by the City to pay the reimbursement expenditure (prior to and in anticipation of the issuance of the reimbursement bonds), together with the reasonably expected source or sources of funds to be used by the City to pay the debt service on the reimbursement bonds (for example, project revenues, ad valorem tax revenues, special assessments, grant and loan receipts, utility revenues, tax increments, and /or other revenues). (e) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City will not ultimately be issuing reimbursement bonds to provide long term financing for the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations in general and their application in particular circumstances. 1 1 1 1 (f) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Official Intent Declarations, including recommendations on the timing of the issuance of such bonds so that the "reimbursement allocation" described in the Regulations and in the paragraph 3 below can be made within the time limits prescribed in the Regulations. (g) This Resolution shall be deemed to incorporate any amendments to the proposed Regulations made in connection with their final adoption, and to the extent that the provisions of this Resolution may differ from those finally adopted Regulations, this resolution shall be deemed to have been amended thereby and to incorporate said revised or additional requirements. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of reimbursement bond proceeds to reimburse the source of temporary financing used by the City to make payment of the prior expenditure. Each allocation shall be evidenced by an entry on the official books of the City maintained for such reimbursement bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the bond proceeds involved from any restriction under the bond resolution or other relevant legal documents for those bonds and under any applicable state statute which would apply to the unspent proceeds of such bond issue. Adopted by the City Council of Lino Lakes this 13th day of January, 1992. 39 40 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and City Administrator of the City of Lino Lakes, Minnesota ( the "City "), pursuant to and for the purpose of compliance with Treasury Regulations Section 1.103 -17 (the "Regulations ") under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City, the City Council, to make and execute this Declaration of Official Intent ( the "Declaration ") for and on behalf of the City. 2. Attached to and made a part of the Declaration is an Exhibit A itemizing one or more costs (the "Costs "), describing the project or projects of the City to which each of such Costs relates, and providing an accurate general functional description of the type and use of the property to which each of said Costs relates, including sufficient information on the nature and function of the underlying property. 3. None of the Costs has heretofore been paid by the City and none of the Costs will be paid by the City until after the date of this declaration. Each of the Costs relates to property having a useful life of at least one year. 4. The City intends to reimburse itself for the payment of the Costs out of the proceeds of tax exempt debt (the "Bonds ") to be issued by the City after the date of payment of the Costs. In the meantime, the City reasonably expects to pay and temporarily finance the Costs from the following source or sources of funds: 1 1 1 1 5. The reasonably expected sources of funds to be used by the City to pay the debt service on the bonds are as follows: 6. As of the date hereof, there are no sources of City funds which are or are reasonably expected to be allocated or available on a long -term basis, reserved, or otherwise available pursuant to the City's budget to provide permanent financing for the Costs, other than pursuant to the subsequent issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) the primary purpose of which is to prevent moneys from said source to be available on a long -term basis to pay the Costs. On the basis of the foregoing, the statements and certifications contained in this Declaration are believed to be reasonable and accurate, and this Declaration is believed to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content the regulations. 7. This Declaration is and shall remain a part of the publicly available official books, records, or proceedings of the City and shall be continuously available for inspection by the general public at City Hall during regular City hours for a period not ending earlier than the day after the issuance of the Bonds. IN WITNESS WHEREOF, the undersigned has executed this Declaration and placed it on file i ` e official City records this 13th day of January, 1992. City Administrator City of Lino Lakes, Minnesota 41 42 CERTIFICATION The undersigned, being duly qualified and acting City Administrator of the City of Lino Lakes, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council ") at a regular or special meeting of the Council held on January 13, 1992. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember Kuether moved the adoption of the Resolution, which motion was seconded by Councilmember Elliott . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: Neal, Kuether, Reinert, Elliott. and the following voted against the same: none. Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Administrator of the City of Lino Lakes, Minnesota, this 13 y of January, 1992. City Administrator City of Lino Lakes, Minnesota 1 1 1 1 1 1 Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 04 RESOLUTION AUTHORIZING WRITE OFF OF UNCOLLECTABLE ACCOUNTS RECEIVABLE IN THE DEDICATED PARK FUND WHEREAS, Ulmer Rice Lake Estates development is complete, and WHEREAS, there remains a balance of $660.00 for park dedication fees, and WHEREAS, there is no more land available for future development, and WHEREAS, a recommendation was made in the 1990 Audit Management Report to determine the status of this receivable. NOW THEREFORE BE IT RESOLVED, that the Park Dedication Fees remaining for Ulmer Rice Lake Estates be written off effective December 31, 1991. Adopted by the City Council of Lino Lakes this 1 - day of January, 1992. \/�2L'VJ c:-)) `. Vernon F. Reinert - Mayor Marilyn" G. Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 43 44 Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 05 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE 1991 CONSTRUCTION FUND TO THE INTERIM CONSTRUCTION FUND AND FROM THE CONTRACTOR DEPOSIT FUND TO THE 1991 CONSTRUCTION FUND WHEREAS, Bonds have been sold to pay for various projects, and WHEREAS, previous years costs have been incurred, and WHEREAS, various costs were paid from contractor's deposits and should not have been. NOW THEREFORE BE IT RESOLVED, that the following transfers be made retroactive to December 31, 1991. Interim Construction Fund (550) Contractor's Deposits (803) 1991 Construction Fund (570) INCREASE DECREASE $76,550.06 1,319.98 ($77,870.04) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Vernon F. Reinert - Mayor Marilyn G. Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 1 1 1 1 1 Council member Neal following resolution and move its adoption: • CITY OF LINO LAKES RESOLUTION NO. 92 06 introduced the RESOLUTION TRANSFERRING FUNDS AND CLOSING THE 1981 IMPROVEMENT BONDS TO THE CLOSED BOND FUND WHEREAS, the bonds matured on December 1, 1991, and WHEREAS, there remains a cash balance, and WHEREAS, the Closed Bond Fund is designated for remaining balances of matured bond issues. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective December 31, 1991. INCREASE DECREASE Closed Bond Fund (501) Remaining Balance Improvement Bonds 1981 (507) (Remaining Balance) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Vernon F. Reinert - Mayor '\4 i' (Ak Marilyn G. Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 45 46 Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 07 RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE 1990A IMPROVEMENT BONDS FOR THE FIRE STATION BOND PAYMENTS WHEREAS, the 1991 Budget Public Hearing was held on December 12, 1990, and WHEREAS, there was a motion to decrease General Fund Reserves by $57,283.00 for Fire Station bond payments, and WHEREAS, this resolution performs the motion of the 1991 Budget Public Hearing. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective December 31, 1991. INCREASE DECREASE 1990A Improvement Bonds (518) $57,283.00 General Fund (101) ($57,283.00) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Vernon F. Reinert - Mayor J ari.lynJ G. ` Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Counci Member Elliott. and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 1 1 1 1 1 1 Council member Neal following resolution and move its adoption: CITY OF LINO LAKE$ introduced the RESOLUTION NO. 92 - 08 RESOLUTION TRANSFERRING FUNDS AND CLOSING THE 1988A CONSTRUCTION FUND TO THE IMPROVEMENT BONDS OF 1988A WHEREAS, construction is complete for the Main and Ash Street Projects, and WHEREAS, there remains a balance of $135,784.56, and WHEREAS, this recommendation comes from the 1990 Audit Management Report. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective December 31, 1991. INCREASE DECREASE Improvement Bonds 1988A (515) $135,784.56 1988A Construction Fund (565) ($135,784.56) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Vernon F. Reinert - Mayor Marilyn 4' Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) Denotes estimated levy amount 47 48 Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 09 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES TO THE IMPROVEMENT BONDS OF 1983 AND THE SAC REVOLVING FUND TO CLOSE THE 1983 CONSTRUCTION FUND WHEREAS, construction is complete for installation of service lines to the Baldwin Lake Mobile Home Court, and WHEREAS, there remains a cash balance in the 1983 Construction Fund, and WHEREAS, $24,404 is designated for Metropolitan Waste Control Commission SAC charges, and WHEREAS, a recommendation was made in the 1990 Audit Management Report to close this fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be made retroactive to December 31, 1991. Improvement Bonds of 1983 (510) SAC Revolving Fund (502) 1983 Construction Fund (560) INCREASE DECREASE $26,740.04 $24,404.00 ($51,144.04) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. \l' A„ Mar ly Vernon F. Reinert - Mayor G.`Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 1 1 1 1 1 Council member Neal following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 10 introduced the RESOLUTION AUTHORIZING THE TRANSFER OF MONIES INTO THE ECONOMIC DEVELOPMENT AUTHORITY FUND FROM THE CLOSED BOND FUND WHEREAS, the Economic Development Fund has a deficit balance, and WHEREAS, a recommendation was made in the 1990 Audit Management Report to finance this deficit. NOW THEREFORE BE IT RESOLVED, that the following transfer be made retroactive to December 31, 1991. INCREASE DECREASE Economic Development Authority (540) $9,950.26 Closed Bond Fund (501) ($9,950.26) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Vernon F. Reinert, Mayor n G. Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 49 50 Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 -11 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES INTO THE 1988 TEMPORARY IMPROVEMENT BONDS FROM THE 1988B CONSTRUCTION FUND WHEREAS, the 1988 Temporary Improvement Bonds matured on October 1, 1991, and WHEREAS, construction is complete but paving for the South Reshanau Lake Estates 2nd Addition, and WHEREAS, $20,000 will remain in the 1988B Construction fund until the paving is complete, and WHEREAS, this recommendation comes from the 1990 Audit Management Report. NOW THEREFORE BE IT RESOLVED, that the following transfer be made retroactive to December 31, 1991. INCREASE DECREASE 1988 Temporary Improvement Bonds (516) $70,657.09 1988B Construction Fund (566) ($70,657.09) Adopted by the City Council of Lino Lakes this 13th day of January 1992. Vernon F. Reinert - Mayor Marilin G. Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 1 1 1 1 w Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 12 RESOLUTION CLOSING THE 1988B TEMPORARY IMPROVEMENT BONDS INTO THE 1991A IMPROVEMENT BONDS WHEREAS, the 1991A Improvement Bonds were sold to finance the 1988B Temporary Improvement Bonds, and WHEREAS, there remains a balance in the 1988B Temporary Improvement Bonds. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective December 31, 1991. INCREASE DECREASE 1991A Improvement Bonds (520) Remaining Balance 1988B Temporary Improvement Bonds (516) (Remaining Balance) Adopted by the City Council of Lino Lakes this 13th day of January, 1992. Mar�ily G. Anderson, Clerk Vernon F. Reinert - Mayor Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount 51 w 52 Council member Neal following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 13 introduced the RESOLUTION TRANSFERRING FUNDS FROM THE SEWER AND WATER ENTERPRISE FUND TO THE CONNECTION AND AREA CHARGE CAPITAL PROJECT FUND WHEREAS, the rate increase adopted by the City of Lino Lakes in June 1988 anticipated a transfer of funds from the Sewer and Water Enterprise Fund to the Connection and Area Charge Capital Project Fund, and WHEREAS, the 1987 and 1989 bond sales projected revenue from a combination of connection fees, trunk area assessments and services, and WHEREAS, Resolution 01 -88 established a Connection and Area Charge Capital Project Fund, and WHEREAS, Resolution 31 -88 became effective with the second quarter billing in 1988, and WHEREAS, the City Clerk and City Engineer have determined that the amount from the Sewer and Water Enterprise Fund to the Connection and Area Charge Capital Project Fund for 1991 is $52,320.00. NOW THEREFORE BE IT RESOLVED, that the following transfer be made effective December 31, 1991 INCREASE DECREASE Sewer and Water Enterprise (601) $52,320.00 Connection and Area Charge (406) ($52,320.00) Adopted by the City Council of Dino Lakes this 13th day of January, 1992. Vernon F. Reinert - Mayor Nlarilyn(G.`Anderson, Clerk Treasurer 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Page 1 1 1 1 1 1 Where upon said resolution was declared duly passed and adopted: (E) - Denotes estimated levy amount Page 2 53 w 54 Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 — 14 RESOLUTION TERMINATING THE PROPOSED WARE ROAD IMPROVEMENT PROJECT DESCRIBED IN THE OCTOBER 11, 1991 FEASIBILITY REPORT WHEREAS: The City Council received a feasibility report on the proposed improvement named Ware Road Improvement Project dated October 11, 1991, and WHEREAS: a public hearing on the proposed improvement was held at the city hall on November , 1991 and all persons desiring to be heard were heard at that time, and WHEREAS: a petition has been received by the City Clerk with signatures of 14 of the 20 landowners requesting that they not be assessed, and WHEREAS: the City Charter requires that if a majority of the property owners file a petition against an improvement, the City shall not make such an improvement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The improvement known as the Ware Road Improvement is hereby terminated. Adopted by the Lino Lakes City Council this 13th day of January, 1992. Vernon F. Reinert, Mayor (i h . Mari n Anderson, Clerk- Treasurer Y ,d 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, Reinert, Elliott. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 Council member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 92 -15 RESOLUTION TRANSFERRING FUNDS FROM THE 1991 CONSTRUCTION FUND TO GENERAL FUND FOR ADMINISTRATION AND AERIAL COST RECOVERY WHEREAS, the following projects within the 1991 construction fund will be charged a fee for administration per resolution 84 -04, of which these proceeds will be credited to the general fund: PROJECT NAME White Tail Ridge Brandywood Estates Pheasant Hills Pine Ridge Addition Reshanau Lk Trunk Wenzel Farms TOTAL COST ADMIN FEE $ 50,600.00 $ 1,518.00 790,015.00 15,800.00 620,747.00 12,414.00 630,326.00 12,606.00 1,080,676.00 21,613.00 973,800.00 19,476.00 TOTAL ADMINISTRATION FEE $ 63,951.00 WHEREAS, the following projects within the 1991 construction fund will be charged a fee for aerial cost recovery per resolution 76 -87, of which these proceeds will be credited to the general fund: PROJECT NAME CONSTRUCTION COST AERIAL FEE White Tail Ridge $ 37,800.00 378.00 Brandywood Estates 609,600.00 $ 6,096.00 Pheasant Hills 524,600.00 5,246.00 Pine Ridge Addition 488,100.00 4,881.00 Wenzel Farms 818,500.00 8,185.00 TOTAL AERIAL PHOTO COST RECOVERY 24,786.00 NOW THEREFORE BE IT RESOLVED, that the following transfers be made retroactively to December 1991. Passed the 13th day of January i , 1992. Vernon F. Reinert Mar,ilyn!G. Anderson, Clerk- Treasurer 55 56 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: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted.