HomeMy WebLinkAbout04/12/1993 Council Minutes104
COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
APRIL 12, 1993
Staff members present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Public Works Director, Don Volk;
Planning Coordinator, Mary Kay Wyland; Parks Director, Marty
Asleson; Solid Waste Coordinator, Fran Kurk; City Administrator,
Randy Schumacher and Clerk -Treasurer Marilyn Anderson.
ITEMS TO BE ADDED TO AGENDA: Mr. Schumacher requested that an
item "F" be added to New Business; Proposed Legislation
Regarding Assessing Regional Parks and Open Space.
CONSENT AGENDA
Council Member Elliott moved to approve the consent agenda as
presented. Council Member Bergeson seconded the motion. Motion
carried unanimously.
ITEM DISPOSITION
MINUTES:
Council Work Session, March 17, 1993
Council Meeting, March 22, 1993
DISBURSEMENTS:
Approved
Approved
March 31, 1993 Approved
April 12, 1993 Approved
Centennial Fire Department Approved
OPEN MIKE
REGULAR AGENDA
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Bob Nelson, 6733 East Shadow Lake Drive - Mr. Nelson explained
that he recently reviewed a video tape of the March 22, 1993
Council meeting and said that there were some items that need
clarification. He read a long statement which included a
rebuttal to the "allegation" that the older lake lot owners want
to keep the lake private. Mr. Nelson gave a brief history of the
development of the Reshanau Lake area. He noted that the lake
lot owners were not "selfish" but wanted to preserve what had
brought them to this area.
Mayor Reinert noted that there are a number of residents present
this evening both "pro" and "con" regarding the subject of a
private boat launch on Reshanau Lake. He explained that this
item is not on the agenda for any type of action this evening.
Mayor Reinert explained that the City has contacted Mediation
Services and they are in the process of gathering information so
that mediation on this matter can take place. He explained that
if this does not work, the matter will be turned over to the City
Attorney. Mayor Reinert said he hoped to avoid this action.
Paul Brand, 6789 East Shadow Lake Drive read the City Council
minutes for July 24, 1989. The minutes concerned the public
hearing for the preliminary plat of Reshanau Park Estates. The
minutes indicated that there were no plans to develop Outlots A
and B as originally planned. Mr. Brand then explained what he
felt had occurred at the two (2) outlots since the original
public hearing. Mr. Brand also read from the Reshanau Park
Estates Home Owner's Association document stating that according
to this document the Association looks to the City for authority.
He concluded by asking several questions: 1) when and what is the
City going to do about this issue?; 2) has the City communicated
with the DNR, the ACORP and the RCWD that the Home Owner's
Association went forward with the boat launch without the
necessary permits from the City?; 3) had this same scenario
happened with another developer, would the City act or failed to
act in the same manner?
Martha Walmsley, 6978 Black Duck Drive appeared before the City
Council to express her concern about due process. She referred
to an incident on March 28, 1993 at Outlots A and B where several
people entered the property without permission and removed
material. Two (2) of the six (6) persons who entered the
property without permission are appointed members of City boards
or commissions. Following this incident Mrs. Walmsley called
Mayor Reinert and asked that he request the resignation of these
two (2) appointed public officials. The following week Mrs.
Walmsley and Mrs. Ostergren talked to Mayor Reinert again. Mayor
Reinert said that the City Council would not take action until it
is proven that a crime had been committed and the two individuals
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have been prosecuted. Mrs. Walmsley read Section 204.01 Policy
and Section 204.02 Covered Officials and Employees from the Code
of Conduct in the City Code and asked Mayor Reinert if he agreed
that the Code of Conduct covers the positions of Chairman of the
Planning and Zoning Board and the Chairman of the Charter
Commission. Mayor Reinert said that he would not respond this
evening. Mrs. Walmsley read Section 204.03 Responsibilities of
Public Office of the City Code and asked Mayor Reinert if he
agreed that these individuals were above reproach. She also read
minutes from the March 10, 1993 Planning and Zoning Board meeting
regarding the action of the Board on this matter. Mrs. Walmsley
said that the Chairman of the Planning and Zoning Board attempted
to carry out the recommendation of the Board by allegedly trying
to demolish the boat launch. She asked in light of this action
do you believe that in the future the Planning and Zoning Board
Chairman will be able to observe in his official acts the highest
standards of morality and to discharge the duties of his office
regardless of personal considerations. Mrs. Walmsley said she
was unhappy with this situation and requested that Mayor Reinert
request the resignation of the public officials that were
involved in the March 28, 1993 incident. She added that the Home
Owner's Association does not plan any personal action against any
of the individuals.
Mayor Reinert explained that since this matter was not on the
agenda this evening, the City Council will not take any action
other than to take the matter under advisement and place the
matter on the next City Council agenda.
Mrs. Walmsley noted that at the April 7, 1993 Council Work
Session, Mr. Hawkins said he had turned the March 28, 1993
incident over to the County Attorney so that he could decide
whether any of the individuals would be prosecuted. She asked
Mr. Hawkins when he would make the police report available to the
County Attorney. She noted that the County Attorney had received
Mr. Hawkins letter but not the police report.
Mayor Reinert again stated that all comments this evening would
be taken under advisement and would be addressed at the next work
session. He also explained that all City elected and appointed
officials take the Code of Conduct very seriously.
Peter Brown, 6897 Black Duck Drive explained that he has observed
the situation regarding Outlots A and B escalate. He felt that
the City government is in a position of leadership in this matter
and should "spearhead" negotiations. He asked the City Council
to be aware of the concern this issue is causing. He expressed
concern that the Home Owner's Association has violated City
Council directives and City Ordinances and nothing has happened
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to them. He noted the incident of March 28, 1993 and said he
felt the two (2) wrongs do not make a right. Mr. Brown felt that
the situation is escalating and it will take involvement by the
City Council.
Ben Benson, 6666 East Shadow Lake Drive asked to make four (4)
points regarding this situation. He first referred to the City
Charter and noted it was adopted shortly after he became mayor.
He explained that the document was instituted because people were
concerned about their property and the manner in which
developer's were operating in the City. Mr. Benson referred to
the development of Country Lakes Park located at the southwest
corner of Reshanau Lake. He explained that when the LAWCON grant
was accepted for the development of that park, the City decided
that the boat ramp area would be for carry -on boats only. It was
the City Council opinion at that time that the lake could not
support public motor boating when the lake would be fully
developed with houses all around it. Mr. Benson's third point
involved a developer who wanted to develop a lot on the east side
of Peltier Lake for use by all the homeowner's in his
subdivision. At that time, either the DNR or the ACORP ruled
that only three (3) or four (4) lot owners could use the lot.
Since the developer wanted to market all the homes with lake
access, the matter was dropped. Mr. Benson's fourth point was in
regard to the 1989 approval of the Reshanau Park Estates plat.
The developer had wanted to develop a boat launch area so that he
could market the properties with boat access. At that time the
DNR and ACORP ruled that was illegal. It was made clear to Mr.
Uhde that a boat ramp could not be constructed.
Donald Dunn, 6885 Black Duck Drive, noted that when he was before
the City Council last fall he was told that the City Council
needed a few months to decide what was to be done about the use
of Outlots A and B. He said he felt it was very unfortunate that
a decision has not been made in view of what has happened, to
delay action any longer would only cause further problems. Mr.
Dunn said he felt it is well documented that a boat launch would
be detrimental to the lake. He said the City Council has let the
residents down and urged them to move forward and to stick to
what has been documented.
Mayor Reinert explained that it is difficult to deal with a
concern with two (2) conflicting opinions. He noted that the
City is already involved in about a dozen lawsuits and would like
to avoid another. Mayor Reinert noted that emotions are very
high and it is unfortunate that the alleged situation occurred in
March. He explained that according to due process of law,
everyone is deemed not guilty until proven otherwise and to act
any differently would not be in the best interest of anyone.
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Mayor Reinert asked the audience if they were sitting at the
Council table, what would they do? He explained a decision would
not be made "half cocked". The matter will be brought to the
next work session for consideration. Mayor Reinert said he felt
that everyone must try to talk about this matter and come to a
satisfactory conclusion.
Tom Schaefer, 6911 Black Duck Drive referred to the Board of
Review meeting when Assessor, Todd Smith outlined how each lot
owner in Reshanau Park Estates is paying $5,000.00 to $10,000.00
more per lot than other lake shore lot owners. He noted that
they are all paying taxes on the additional amounts. Mr.
Schaefer noted that the City is holding the opinion that permits
for construction of the boat launch are required, however, other
legal opinions differ. He said it is hard to see why the minimal
structure work that is being done on the outlots fall into the
permit process.
Mr. Schaefer noted that there is no intention to prosecute the
neighbors who trespassed on the outlots and prosecution is not
being held over their heads. The desire is to de-escalate the
problem. He noted that Anoka County is planning to install a
public boat launch at the north end of the outlots and this is a
bigger concern. Mr. Schaefer explained that it has always been
the plan to construct a private and secure boat launch for only
the use of the lot owners. He asked that all residents around
the lake get together and talk about how to preserve everyone's
common interest.
Mayor Reinert said that no matter what is the final decision of
the City in this matter, all residents must think beyond the
decision. This is extremely important.
A gentleman said that if this matter had been dealt with
originally by the City Council, none of this would have happened.
This is something that was "dragged" way to far. Mayor Reinert
said that this is probably true. However, this is a unique
situation and the City Council is in due process on the matter.
Mayor Reinert thanked everyone for coming this evening.
Eugene Peterson, Newly Appointed Rice Creek Watershed District
(RCWD) Representative - Mr. Peterson introduced himself and
explained that he was approached by some interested parties and
urged to be on the schedule for appointment to the RCWD because
there appeared to be a feeling that RCWD did not treat people
with dignity. He said he has a strong belief on how to deal with
constituents and his goal is to give dignity to all concerned.
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Mr. Peterson explained that he has been associated with the
Centennial School District for many years and does not have any
background regarding watershed matters. However, he is doing a
great deal of reading and learning.
There were no questions for Mr. Peterson and Mayor Reinert
thanked him for coming this evening.
PUBLIC WORKS DEPARTMENT REPORT
Second Reading, Ordinance No. 93 - 02, Solid Waste Hauler
Licensing - Mr. Volk explained that the first reading of this
ordinance was held on March 22, 1993. No comments have been
received since that time and no changes have been made to the
original ordinance. He briefly explained that the purpose of the
ordinance is to require that haulers be licensed, and to attempt
to limit the number of trucks using City streets while keeping a
system of competition.
Council Member Elliott noted that the Solid Waste Committee
worked very hard in preparing this ordinance and an incredible
amount of work was accomplished.
Council Member Elliott moved to adopt the second reading of
Ordinance No. 93 - 02 and dispense with the public reading.
Council Member Neal seconded the motion. Motion carried
unanimously.
Ordinance No. 93 - 02 can be found at the end of these minutes.
ENGINEER'S REPORT
Consideration of Approval of Right -of -Way Plat for Apollo Drive -
At their regular meeting on November 23, 1992, the City Council
authorized staff to proceed with acquisition of the easements and
rights-of-way necessary for construction of Apollo Drive
improvements. To proceed with the acquisitions, legal
descriptions of the property in question must be prepared. The
method used to describe the property was to prepare a right-of-
way plat for Apollo Drive. This right-of-way plat addresses all
of the properties affected by the eminent domain action for the
Phase I Improvements.
The plat has been reviewed and found to be consistent with the
Apollo Drive Improvement construction plans. Approval of the
plat by the City Council and subsequent recording by Anoka County
is necessary to continue the eminent domain proceedings.
Mr. Schneider noted that Phase I encompasses about 75% to 80% of
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the entire project.
Council Member Bergeson moved to approve the Apollo Drive
Right -of -Way Plat. Council Member Elliott seconded the motion.
Motion carried unanimously.
Consideration of Resolution No. 18 - 93 Ordering Preparation of
Plans and Specifications for the Installation of Sanitary Sewer
and Water Trunk Facilities, Phase II, Apollo Drive - Mr.
Schneider explained that this project encompasses the remaining
portion of Apollo Drive or about 20% to 25% of the project. The
project involves the extension of trunk sewer and trunk water
through the presently City owned Business Park and under Apollo
Drive to Lilac Street at an estimated cost of $461,000.00. The
project was presented at a public hearing on December 14, 1992.
On February 14, 1993, the 60 day waiting period under the City
Charter expired. This project was last discussed on February 22,
1993 at which time it was referred to the Economic Development
Advisory Board (EDAB) and City staff.
The feasibility report showed a total of eight (8) separate
parcels/ownerships that would benefit from the project including
the City owned Business Park property. Two (2) separate
petitions signed by five (5) of the eight (8) parcels/owners
opposing the assessments to their properties for sewer, water and
road costs were received. Under the City Charter it would not be
possible to assess these properties for the improvement as
proposed by this project.
If the City Council should decide to proceed with the project
under these conditions, it would take a four fifths vote because
the project would be City initiated, not petitioned and financing
sources other than assessments would have to be identified.
Recently this matter was discussed by the City's EDAB because it
would impact Apollo Drive and the City's Business Park. EDAB
considered this project at their March 10, 1993 meeting and
determined that this project, along with the Highway 49/Lake
Drive (County 23) intersection had the highest priority in Lino
Lakes from an economic development perspective. This project is
important to complete the installation of the most important
utilities in the Apollo Business Park and allows the completion
of Phase II of Apollo Drive to Lilac Street. Further review of
the proposed sewer and water plan with the EDAB Chairman showed
little need for the extension of sewer and water on Industrial
Boulevard as more land would be available for use if this street
were vacated. Eliminating Industrial Boulevard would reduce the
estimated cost of the project by $71,000.00 to $390,000.00.
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There are adequate funds in the Sewer and Water Area and Unit
Charge Fund to finance the construction of these sewer and water
trunks facilities at this time.
Mr. Schneider described the location of the proposed utilities
and noted that as other areas become interested in developing,
shorter streets and utilities can be extended. Stubs would be
constructed to allow Industrial Boulevard to develop in the
future if the landowners become interested.
Council Member Neal moved to adopt Resolution No. 18 - 93
Ordering Preparation of Plans and Specifications for the
Installation of Sanitary Sewer and Water Trunk Facilities, Phase
II, Apollo Drive. Council Member Elliott seconded the motion.
Motion carried unanimously.
Resolution No. 18 - 93 can be found at the end of these minutes.
Consideration of Ordering Step Three of the Surface Water
Management Plan Preparation Process - Mr. Schneider explained
that in March, 1992, Lino Lakes began the process of developing a
Surface Water Management Plan. Since funding was not available
to order completion of the entire plan at an estimated cost of
$90,000.00, it was decided to proceed in smaller steps.
At this time the first two (2) steps have been completed which
have provided the City with the follow:
- Policy Document - Local Water Management Plan
- Goals and Policies for Water Quality and Wetland
Management Plan
- Hydrologic Study - Scoping Plan
- Engineering Guidelines and Developer's Guide
- Hydrologic Analysis
- Electronic Map of National Wetland Inventory on City Base
Map and DNR Protected Wetlands
Less than $25,000.00 has been spent to complete the first two (2)
steps.
Mr. Rocky J. Keehn of SEH was present to make a presentation on
the work completed to date and the work that is proposed to be
done under Step Three at an estimated cost of $15,00.00.
The Surface Water Management Fund has been building to a positive
balance that would allow for the payment of the preparation of
Step Three.
Mr. Keehn used the overhead projector and gave a presentation
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outlining the history of the entire plan. He explained that the
next step is Phase III which will encompass engineering
guidelines, a major point map, drainage areas and ponds and an
explanation of the correlation of hydrology data. Wetlands and
ponds will be described and classified as to their intended
purpose.
Mr. Keehn explained that the final step will be to assemble all
the data collected and develop and complete the maps. All will
be submitted to RCWD for review. After the RCWD review is
completed, staff will review the project. When all is completed
the City can then take over as the Local Government Unit (LGU)
from the RCWD.
Mayor Reinert asked Mr. Keehn if he was using the USDA for soil
studies. Mr. Keehn said that their background documentation is
good and it has the support of the federal government. All
communities use the USDA studies.
Mayor Reinert noted that at times the USDA has been at odds with
the ACORP. Mr. Keehn said this was not a problem because the
ACORP has a different methodology.
Mayor Reinert asked when wetland identification will be done.
Mr. Keehn said this is part of Step Three which is before the
City Council for approval tonight.
Council Member Bergeson asked if it is intended that the City
will become the LGU. Mr. Schneider said yes, however someone
with some expertise will be needed to manage this area.
Council Member Elliott said she was delighted that this is being
completed. She hoped this would eliminate a layer of government.
It will give the City some control over their destiny.
Mr. Schneider said he was impressed with how efficiently Mr.
Keehn has proceed with this project and with how much material
has already been prepared. He recommended that the City Council
authorize staff to proceed with the preparation of Step Three.
Council Member Elliott moved to authorize the preparation of Step
Three of the Surface Water Management Plan process at an
estimated cost of $15,100.00. Council Member Neal seconded the
motion. Motion carried unanimously.
Consideration of Ordering the Engineering Layout Plan for the
Highway 49/Lake Drive (County 23) Intersection and Authorization
for City Attorney and Staff to Take the Necessary Action to
Acquire the Right -of -Way for the Highway 49/Lake Drive (County
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23) Intersection by Eminent Domain - Mr. Schneider displayed a
drawing of the intersection and explained the layout. He noted
that a petition containing the signatures of nearly 800 residents
was presented to MnDOT and this did get their attention. Mr.
Schneider noted that stop signs will be installed at this
intersection in May as a temporary solution until the permanent
solution is completed.
The cost of the project is estimated to be $1,600,000.00. MnDOT
is expected to contribute about $650,000.00, Anoka County
$490,000.00 and the balance $460,000.00 will be funded by Lino
Lakes. Circle Pines will be asked to contribute $3,000.00. A
joint powers agreement will be prepared and the City of Lino
Lakes will be the responsible agency.
This item was placed on the agenda so the City Council and public
could be updated regarding the progress made on this project and
to ask for City Council approval of the drawings. Mr. Schneider
noted that the total project had been scaled back because funding
was not available. A schedule for implementation of the project
was included in the presentation. The schedule anticipates the
need for condemnation of right-of-way. Timely execution of the
right-of-way acquisition process is critical to the project
schedule.
In order to proceed with the project, the latest conceptual
layout requires refinement and detailing to become Geometric
Layout No. 3. Geometric Layout No. 3 along with a more detailed
cost estimate will then be submitted to MnDOT for staff approval.
This process must be started immediately in order to keep the
project on schedule.
Council Member Neal asked if businesses in this area will be
affected by the construction. Mr. Schneider explained that they
will have access to Lake Drive.
Council Member Bergeson noted the reference to the City of Circle
Pines and asked to make sure that they are paying for what they
are getting. Mr. Schneider explained that the design engineer
will be talking to the City Council at a work session. Once the
layout is completed the cost estimates for each entity will be
refined. He noted that it was most important that right-of-way
acquisition began as soon as possible so that grading can be
started this fall.
Council Member Neal moved to order the Engineering Layout Plan
for the Highway 49/Lake Drive (County 23) Intersection by
Authorizing SEH to prepare and submit Geometric Layout No.
3/Right-of-Way Description and its associated cost estimate to
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MnDOT for review and approval, at a cost not to exceed $15,000.00
and to authorize the City Attorney and staff to take action
necessary to acquire the right-of-way for the Highway 49/Lake
Drive (County 23) Intersection by Eminent Domain. Council Member
Elliott seconded the motion. Motion carried unanimously.
PUBLIC HEARING, VACATION OF EASEMENT FOR DRAINAGE AND UTILITY
PURPOSES 129.33 FEET EAST OF LAKE DRIVE ON OAK LANE, RESOLUTION
NO. 14 - 93
Mayor Reinert opened the public hearing at 8:04 P.M. At the
October 23, 1989 City Council meeting, the City Council approved
a subdivision request for a parcel of property at 7790 Lake
Drive. This subdivision was intended to add 25 feet of property
to 7790 Lake Drive from an easterly lot provide for an
encroachment of some out -buildings and a septic system.
The property is zoned Rural and indicated as Expansion
Residential (ER) in the Comprehensive Lane Use Plan. In granting
this subdivision, the City Council added two (2) 20 foot "future"
drainage and utility easements to the easterly lot providing for
the "future" subdivision of this parcel into three (3) 76 foot
wide lots when utilities become available. According to the
Comprehensive Land Use Plan, areas identified as ER call for the
extension of utilities by the year 2010 and provides as follows:
"..any land subdivided into one (1) acre lots must be
accompanied by a legally binding resubdivision plan of
1/4 acre minimum lot size. All houses on the one acre
lots must be located to allow for easy resubdivision
when sewer becomes available..."
The easements attached to this property have followed the intent
of the Comprehensive Land Use Plan, however, locating an easement
down the center of this parcel of property would also follow the
intent of the Plan and appear to more clearly reflect the wishes
of the property owner and/or future owner. Should the easement
be relocated, two (2) lots could be provided for when utilities
are extended.
The property owner has listed this property. for sale and has had
approximately four (4) sales fall through because of the
placement of these easements. The property owner contends that
the placement of the easements unduly restrict construction on
the site. A potential buyer has submitted a site plan calling
for a 25 foot by 62 foot house with an attached 30 foot by 25
foot garage. This particular arrangement would encroach over the
easement and into the middle section of the property. In fact, a
typical home with an attached garage could only be 37 feet wide
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and still meet the required five (5) foot and ten (10) foot side
yard setback requirements although the actual lot is one (1) plus
acre in size. Alternate building plans could be selected for
this site and still provide an adequately sized dwelling and
allow the property owner full enjoyment of the large lot while
maintaining the existing utility easements.
The property owner has asked that these easements be removed or
relocated to aid in the sale of the site. It is a policy matter
to be determined by the City Council whether this request is
warranted.
Council Member Neal asked if this matter is similar to the
easement matter on Lois Lane. Mr. Schneider said no, these
easements are for future drainage or utilities and not presently
needed as are those on Lois Lane. The presentation here is to
substitute one (1) easement for the two (2) currently in place.
Council Member Bergeson noted that if the easement were located
in the middle of the lot, the resulting two (2) lots would have
frontages over 100 feet in width which is compatible with other
lots in the area.
Rosemary Melchoir, 1900 Silver Lake Road gave some written
material to the City Council. She noted that she is the realtor
for the property owner who lives in Wyoming and wishes to convey
their feelings on the matter. She suggested another layout for
the City Council to consider. She noted that what is being
suggested is not what the buyer would like because they wish to
place the home in the middle of the lot. It was explained that
when utilities are extended across the front of the lot, the
owner will not be able to subdivide into two (2) lots and the
assessments may be very expensive.
Scott Keeland asked why an easement could not be put down one (1)
side of the lot or the other to give the owner the most
flexibility for building. Ms. Wyland explained that the purpose
of the easement is to insure that new structures are placed in
position to allow the lot to be subdivided in the future.
Ms. Melchoir explained that the owner was under the impression
that the easements were to be future easements and not recorded
at this time. Mayor Reinert explained that the City Council must
try to avoid future problems when utilities are extended and also
must comply with the requirements of the City Code and
Comprehensive Land Use Plan. The City Council is not trying to
deny any right of the landowner to use the land. Mr. Keeland
felt the City Council was taking the flexibility away from the
landowner. Mayor Reinert explained that the City Council was
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insuring that when utilities are available, the current landowner
will be able to divide the lot and can afford to pay the
assessments.
Ms. Liz Racutt, 898 Lois Lane asked where the easements came from
in 1989. Ms. Wyland explained again. Ms. Racutt explained if
they only want one (1) house on the lot, why is there a need for
three (3) separate easements. Mr. Schumacher explained the
requirements for subdivision as stated in the City Code and the
Comprehensive Land Use Plan. It is very possible that when
utilities are available, there will be a different landowner and
they will come to the City and ask why there were no provisions
for dividing the lot. The City must plan for the future.
Ms. Melchoir explained that the property owner was not aware that
she could not sell the property as a one (1) lot for one (1)
house. She was under the impression that the easements would not
be recorded until in the future when utilities were available.
She asked if they were future easements, why are they put on the
lot at this time. She also noted that a septic system cannot be
placed on the lot and stay without encroaching on the easements.
Council Member Bergeson said that the recommendation to move one
(1) easement to the middle of the lot and remove the second
easement was brought by staff to the City Council. If the
landowner does not support this recommendation, then the City
Council should not act on this matter this evening. Alternate
solutions can be suggested at the Council work session.
Sharon Beirworth, 678 Case Avenue, St. Paul explained that she
would like to buy the lot and build one (1) house in the center
of the lot. She asked that the easements be moved to allow her
to build as she would like. It was explained that if she builds
her house in the middle of the lot and sometime later sells the
lot with the house and utilities are extended to the lot, the new
lot owner has no choice but to accept an assessment for the
entire frontage because the lot can no longer be subdivided.
Mr. Schneider explained that the cost of the assessment may be
very expensive and exceed the benefit to the lot. It would be
difficult for the City to follow the provisions of State Statute
429 in such a circumstance. Therefore, it is important that the
City provide for subdivision in the future. The City is trying
to avoid future problems.
Council Member Bergeson suggested that since new information has
been introduced this evening, the City Council should not take
action at this time. Council Member Elliott moved to close the
public hearing at 8:41 P.M. Council Member Bergeson seconded the
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motion. Motion carried unanimously.
Mayor Reinert explained action on this matter will be considered
at the April 22, 1993 Council meeting.
PARK BOARD REPORT
Consideration of Short Term Park Goals, 1993 - Mr. Asleson
presented a letter requesting money to be taken from the
Dedicated Park Fund to meet short term goals and priorities that
were established at a recent Park Board work session. The goals
and expenditures are listed in priority order:
1. An amount up to but not to exceed $18,000.00 for
improvements and equipment for Sunset Oaks Park,
Leonard and Bradley Streets.
2. An amount up to but not to exceed $4,000.00 for a
master plan design for Country Lakes Park.
3. An amount up to but not to exceed $18,000.00 for a mini
park in the south Baldwin Lake area (Identified as park
N-14 in the Comprehensive Park Plan.)
4. An amount up to but not to exceed $20,000.00 to pave
the remaining unpaved trails from past developments and
to pave those trails that are to be constructed in
developments now underway.
The Park Board also requested that they be authorized to
investigate various purchase options for a large parcel of land
in the Birch Street/12th Avenue area to be used for future
development of a large athletic complex type park. Mr. Asleson
noted that the area is ideal for this type of use because of its
proximity to wetlands and distance from residential development.
He noted that large tract parcels are disappearing and the City
should be looking at options at this time. Mr. Asleson also
explained that capacity has been reached in the present
facilities and there have not been any plans developed for future
expansion.
Mayor Reinert felt that if the City is going to develop an
athletic complex options should be developed soon. He also noted
that such parcels become housing developments and these
developments do not support themselves. Mayor Reinert said that
if the City does not look to the future now we will suffer the
consequences in the future.
Council Member Elliott noted that the Park Board feels that an
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COUNCIL MEETING APRIL 12, 1993
athletic complex concept should be researched soon. The Park
Board is aware that they must go to the City Council for funding.
Council Member Bergeson moved to approve expenditures numbers 1
through 4 listed above and authorize staff to explore possible
land purchases in the above described area for further City park
needs. Council Member Neal seconded the motion. Council Member
Bergeson asked when the Economic Impact Study and the related
wetlands study would be available. Mr. Schneider said about 90
days. Council Member Bergeson felt that the information
available in these studies would impact the future park expansion
purchases.
Voting on the motion, motion carried unanimously.
CONSIDERATION OF RESOLUTION NO. 16 - 93 OPPOSING DETACHMENT OF
PROPERTY FROM LINO LAKES AND ANNEXATION BY CITY OF CENTERVILLE
Mr. Schumacher explained that on March 16, 1993, the City
received a letter from the State Municipal Board stating that the
Board had received a petition for detachment of property (Rehbein
-East portion of Main Street, 35W intersection) from Lino Lakes
and annexation of same to the City of Centerville. Resolution
No. 16 - 93 declares the opposition to this action by the City of
Lino Lakes. The State of Minnesota requires that the resolution
be forwarded to the Municipal Board. A hearing will be scheduled
after Council action is taken.
Mrs. Anderson read the resolution. Council Member Elliott moved
to adopt Resolution No. 16 - 93 and forward same to the Municipal
Board. Council Member Bergeson seconded the motion. Motion was
carried unanimously.
Resolution No. 16 - 93 can be found at the end of these minutes.
ATTORNEY'S REPORT
FIRST READING, Ordinance No. 93 - 05 Extending Moratorium on the
Siting of Adult Uses -Principal As Defined Herein Within any
Zoning District of the City of Lino Lakes - Ordinance No. 93 - 05
was passed by the City Council on May 11, 1992 directing staff to
prepare a comprehensive adult uses ordinance. A moratorium was
instituted at that time for one (1) year. The moratorium will
end on May 11, 1993 and the final adult uses ordinance is not
ready for adoption. Ordinance No. 93 - 05 will allow an
additional six (6) months time to finalize the ordinance, conduct
the required public hearings and adopt and publish the final
ordinance.
PAGE 15
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COUNCIL MEETING APRIL 12, 1993
f
Mr. Hawkins explained that he anticipated that the final
ordinance will be in place in the next several months.
Council Member Elliott moved to adopt the first reading of
Ordinance No. 93 - 05. Council Member Bergeson seconded the
motion. Motion carried unanimously.
OLD BUSINESS
There was no old business.
NEW BUSINESS
Consideration of Transferring Off -Sale Liquor License from
Douglas Hughes to Gene A. Moore, Tom Thumb Stores - Mr. and Mrs.
Hughes were operating an off -sale liquor store under the name of
Lino Lakes Spirits. The liquor store is now closed, however, Mr.
Hughes has continued to maintain the license. Mrs. Hughes has
indicated that they will agree to transfer the license upon
receipt of an acceptable offer for the present liquor inventory.
Mr. Moore has applied for the license and has presented the
proper application, fee, insurance and proof of corporate status.
The Police Department completed their investigation and found
nothing that would require the denial of the license. It is not
clear whether Mr. Moore has reached an agreement with the Hughes
for the present liquor inventory.
Since the City Council cannot legally approve two (2) off -sale
liquor licenses for the same establishment, it is recommended
that the City Council approve the transfer of the license upon
the condition that the Hughes present to the Clerk their current
off -sale liquor license and their Retailer's (buyers) Card for
liquor or wine. This recommendation was proposed by the
Minnesota Liquor Control Commission.
This is the first time the City has had an application for an
off -sale liquor license from a corporation. The corporation is
legally filed with the State of Minnesota. Mr. Moore will hire a
resident manager for the liquor store and maintain his residency
in Fridley.
Mrs. Anderson noted that two (2) other persons have expressed
interest in obtaining a license for the Tom Thumb Store.
However, at this time only Mr. Moore's application has been
received.
Council Member Elliott moved to approve the transfer of the off -
sale liquor license to Mr. Moore contingent upon the Hughes
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12 0
COUNCIL MEETING APRIL 12, 1993
presenting to the City Clerk their current off -sale license and
their Retailer's Buyer Card and Mr. Moore submitting a lease for
the premises at the Tom Thumb store. Council Member Neal
seconded the motion. Motion carried unanimously.
Registration for League of Minnesota Cities Conference, St.
Cloud, June 8 - June 11, 1993 - Mrs. Anderson explained that this
was a reminder so that all Council Members can be registered as
early as possible.
1993 Budget Amendment No. 1, Resolution No. 19 - 93 - Since 1988,
money has been budgeted and put aside for the purchase of Accu -
Vote optical scanning equipment. The City has received the
equipment from Anoka County. A billing statement was received
after the 1993 Budget was adopted, therefore an amendment to the
budget is recommended by the City Auditor.
Council Member Elliott moved to adopt Resolution No. 19 - 93.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Resolution No. 19 - 93 can be found at the end of these minutes.
Consideration of First Quarter Water Fee Transfer, Resolution No.
20 - 93 - In 1988, the water rate increase was adopted
anticipating a transfer from the Water Fund to the Area and
Connection Fund for bond revenue. Transfers have been made
yearly. The City Auditors have recommended that the City make
the transfers quarterly for better tracking of the Water Fund.
Council Member Bergeson moved to adopt Resolution 20 - 93 to make
the first quarter transfer. Council Member Neal seconded the
motion. Motion carried unanimously.
Resolution No. 20 - 93 can be found at the end of these minutes.
Consideration of a Policy to Make City Hall Municipal Building a
"Smoke Free" Building - Mr. Schumacher explained that because of
the close working quarters and the open nature of the design of
city hall as well as recent studies regarding the effects of
second hand smoke, it has been requested that the City Council
designate city hall as a smoke free facility. The creation of
smoke free facilities is a growing trend both in the governmental
as well as in the private sector. The Hennepin County Board has
voted to prohibit smoking in its facilities.
Council Member Neal asked if the senior citizens will be required
to leave the building to smoke. Mr. Schumacher said yes there
will be no smoking at all. Mayor Reinert suggested that the
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COUNCIL MEETING APRIL 12, 1993
policy be implemented and if there are any problems, the matter
can be brought back to the City Council.
Council Member Elliott moved to adopt the smoke free policy as
outlined by Mr. Schumacher and to make the policy effective May
1, 1993. Council Member Neal seconded the motion. Motion
carried unanimously.
Proposed Legislation Regarding Assessing Regional Parks - Mr.
Schumacher explained that a bill has been proposed and is passing
through the legislative process that would affect municipalities
with regional parks within their corporate limits. The bill
would make it impossible to assess for improvement extended to
the regional park area whether or not the improvements benefit
the regional parks or not. The bill would leave the decision up
to the Metropolitan Council to determine any benefit. Mr.
Schumacher noted that White Bear Township went through the legal
effort to assess the regional park in their township and were
successful. The Lino Lakes Metropolitan Council representative
was not aware of this bill and said she would not be in favor of
the bill.
Mr. Schumacher will check the status of this proposed
and update the City Council at the next work session.
Council Member Elliott moved to adjourn at 9:22 P.M.
Member Neal seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular meeting of the City Council on April 26, 1993.
legislation
Council
Mariflyru' G. Anderson
City Clerk
Vernon F. Reinert,
Mayor
PAGE 18
121
Council Member
Elliott
moved is adoption:
122
introduced the following ordinance and
CITY OF LINO LAKES
ORDINANCE NO. 93 - 02
AN ORDINANCE AMENDING THE REQUIRED SOLID WASTE COLLECTION SERVICE CODE 507
BY REQUIRING ALL RESIDENTIAL SOLID WASTE COLLECTION HAULERS TO BE LICENSED BY THE
CITY OF LINO LAKES.
The City Council of the City of Lino Lakes ordains.
PURPOSE
It is the intent of the City Council, by means of this ordinance to require that
any person desiring to collect or transport residential solid waste frau residences
within the City obtain a residential solid waste hauler license faun the City.
SHORT TITLE
This ordinance shall be known as the Solid Waste Hauler License amendment to the
Solid Waste Collection Ordinance.
Section 507.03 is here by amended by adding:
DEFINITI NS
"Residential Solid Waste" means garbage, refuse, and other solid waste from
residential activities which is generated and collected in aggregate, but
excluding auto hulks or large auto parts, ash, construction debris, household
hazardous waste, tree and agricultural wastes, tires, lead acid batteries, used
oil, yard waste, and other materials collected, processed and disposed of as
separate waste streams.
"Recyclables" means materials which can be separated from the mixed municipal
solid waste stream for collection and preparation for reuse in their original
form, or for other uses in manufacturing processes that do not cause the
destruction of the recyclable materials in a manner that precludes further use.
"Targeted Recyclables" means specific recyclable materials designated by the City
for collection at curbside.
"Yard Waste" means garden wastes, leaves, lawn cuttings and weeds.
Section 507.04 is amended by adding Subdivision 2. RESIDENTIAL SOLID WASTE
COLLECTION LICENSE
Subd. 2 No person shall collect garbage, refuse or recyclables fzuu residences
in the City without first securing a license from the City. The City
Council, in the interest of maintaining healthful and sanitary
conditions in the City, hereby reserves the right to limit the number
of licenses initially issued to five, through attrition the maxim rn
number of licenses issued shall decrease to four.
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I. LICENSE REQUIREMENTS
A. The license shall be valid for one calendar year and shall expire on
June 1st of each year unless revoked sooner. For the purposes of
implementing this, the licenses will first be made available to
those haulers operating in the City at the time of the enactment of
this ordinance. All persons engaged in the business of individual
residential collection in the City shall secure a license by
June 1, 1993.
B. The license is non -transferable, unless approved by the City Council.
The licensee shall not be entitled to refund of any license fee upon
revocation or voluntarily ceasing to carry on the license activity.
C. An applicant for a license shall make application to the City Clerk
through forms and procedures prescribed by the City Clerk. The
application for a license shall contain the following information:
The name, phone number and current business address of the
applicant.
A list of the place or places to which the residential solid waste
and/or recyclables are to be hauled.
Information about the location and method of storage of collected
recyclable materials, including evidence of compliance with all
State, County, and local laws and regulations.
D. An applicant must obtain all the insurance required by this Section.
All costs and expenses are the responsibility of the applicant. All
insurance coverage is subject to the approval by the City and shall
be maintained by the licensee during the term of the license. No
work under this license shall be commenced until the requirements of
this section have been satisfied.
The licensee shall obtain and maintain statutory Workers'
Compensation insurance and Employer's Liability insurance as
required under the laws of the State of Minnesota and shall hold the
City free and harmless from all liability fuum any cause that may
arise by reason of injuries to any employee of the licensee.
In the event that the licensee is the sole proprietor and has not
elected to provide Worker's Compensation Insurance, the licensee
shall be required to execute and submit an affidavit of sole
proprietorship in a form satisfactory to the City.
The license applicant must present proof of insurance on each
vehicle with an insurance company licensed to transact business in
this state. The limits of the policy shall be three hundred
thousand dollars ($300,000.00) for bodily injuries to or death of
one person, and six hundred thousand dollars ($600,000.00) for any
one accident resulting in injuries and/or death of more than one
person, and a total of one hundred thousand dollars ($100,000.00)
liability for damages to property of others arising out of any
accident.
124
E. An annual license fee shall be established by resolution of the
City Council.
F. The City Clerk shall issue licenses only after receipt and review of
all required forms, certificates, and fees. Upon review of the
documents suhnitted, the City Clerk shall issue a license if the
documents comply with the provisions previously stated. An
applicant denied a license by the City may have the decision
reviewed by the City Council. The applicant shall request review by
the City Council in writing within ten (10) days after denial of the
license.
II. DUTIES AND OBLIGATIONS OF THE LICENShp COLLECTOR
A licensed garbage, refuse and/or recvclables collector must
comply with the following operational requirements. Failure to observe
these provisions may be a basis for suspension or revocation of a
license.
A. The licensee shall operate in manner consistent with its application
materials and shall provide notice to the City within ten (10) days
of any change the information, forms, or certificates filed as part
of the license application process.
B. The licensee shall comply with all State, County, local laws and
regulations.
C. No collection of garbage, refuse, yard waste and/or recyclable
materials shall be made except between the hours of six o'clock
(6:00 a.m.) and six o'clock (6:00 p.m.) Nbnday through Saturday,
with no collection on Sunday, except under extenuating circumstances
including poor weather conditions or natural disasters. Customers
shall be reasonably notified of the specific day for the collection
of their garbage, refuse, and/or recyclables and the licensee shall
collect the materials on those days.
D. The licensee shall offer residential customers at minimum, a
three tiered rate - volume option, where the rate charged for
garbage collection increases as the volume of garbage collected
increases, with a minimum of three volume categories.
E. The licensee shall not impose a greater charge on residential
customers who recycle than those who do not recycle.
F. Each licensed garbage, refuse, and/or recyclables collector shall
only use vehicles and equipment so constructed that the contents
will not leak or spill. The vehicles and equipment shall also be
kept clean and as free $cxn offensive odors as possible, and shall
not stand in any street or public place longer than is reasonably
necessary to collect garbage, refuse, yard waste and/or recyclables.
The licensee shall also ensure that the immediate collection site
is left tidy and free of litter.
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III. MANDATORY RECYCLING FOR RESIDENTIAL SOLID WASTE HAULERS
Each licensed garbage, refuse, and/or recvclables collector shall
provide its residential customers with an opportunity to recycle through
the weekly curbside collection of targeted recyclables.
A. The curbside collection of targeted recyclables shall be on the same
day as the collection of the customer's garbage and/or refuse, but
may occur at a different time within that day. The targeted
recyclables collection shall be from a location at or near the
customer's garbage/refuse collection site, or such other location
mutually agreeable to the hauler and the customer.
B. The recyclable materials collected shall be designated as targeted
recyclables by the City. The designation process is as follows:
Each licensed garbage, refuse, and/or recyclables collector shall be
give 60 days written notice of proposed additions to the list of
targeted recyclables. The notice will specifically describe the
material(s) proposed for addition, will describe how the addition
might affect the duties and obligations of the licensee and will
invite each licensee to one meeting to discuss the proposed addition(s).
Notice shall be deemed by mail via general delivery, to the address
provided on the most recent license application or renewal form.
Nothing herein shall be construed to prevent a licensee fruit
offering curbside collection for other recyclable materials, in
addition to the targeted recyclables.
C. Adequate notification as to why recyclable material was not picked
up must be left with any recyclable material(s) left at curbside.
D. The licensee is also deemed the owner of the recyclables upon
collection, the licensee may market them.
E. Each licensee shall submit a quarterly report to the City that
identifies the weight in tons of recyclables and the volume in cubic
yards of yard wastes that were collected by the licensee from City
residences.
IV. INDFNIFICATION
The licensee shall hold the City harmless fivm all damages and claims of
damages that may arise by reason of any negligence of the licensee or
the licensee's agent or employee while engaged in the performance of the
work and services covered by the license requirements and shall indemnify
the City against all claims, liens, expenses and claims for liens for
work, tools, machinery, materials or insurance premiums or equipment or
supplies and against all loss by reason of failure of the licensee in
any respect to fully perform all obligations outlined in the duties and
obligations of licensed residential solid waste collectors.
V. LICFNSE REVOCATION
The City Council may suspend or revoke the license of any hauling
company whose conduct is found to be violation of the provisions of
this ordinance.
1 246d.3 ANTI SCAVENGING PROVISION
It is unlawful for any person or business to scavenge, collect or
otherwise remove garbage, refuse, recyclables, or yard waste that has
been placed at the curb or in recycling containers, without a license
from the City and an account relationship with the owner, lessee, or
occupant of the premises.
PENALTY
Any person convicted of violating this ordinance shall be guilty of a petty
misdemeanor. Such penalty may be imposed in addition to suspension or revocation
of the license.
Save as above amended, Section 507 of the Lino Lakes City Code shall stand as
initially passed and as previously amended.
This ordinance shall be in full force and effect ficxu and after its passage and
publication according to the City Charter.
Passed this 12th day of April , 1993 by the Lino Lakes City Council.
Signed this 12th day of April , 1993.
Vernon F. Reinert, Mayor
ATTEST:
\6 -1`L -t
Marilyn Anderson, Clerk -Treasurer
The motion for the 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, Neal, Bergeson, Reinert.
The following voted against same: None, Council Member Kuether was absent.
Whereupon the said ordinance was declared duly passed and adopted.
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Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 16 - 93
RESOLUTION OPPOSING DETACHMENT OF CERTAIN PROPERTY FROM LINO LAKES
AND ANNEXATION BY THE CITY OF CENTERVILLE
WHEREAS: a certain petition has been filed with the Minnesota
Municipal Board requesting detachment of certain property
from the City of Lino Lakes and annexation of the same
property to the City of Centerville; (see attached map
for location), and
WHEREAS: this property is zoned Light Industrial (LI) and a
portion of the property is located within the MUSA
boundary, and
WHEREAS: the property was included in the 1991 Interchange Study,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, ANOKA COUNTY, MINNESOTA:
that the City Council of the City of Lino Lakes hereby
declares its opposition to the proposed detachment of certain
property from the City of Lino Lakes and annexation by the
City of Centerville.
Adopted by the City Council of the City of Lino Lakes this 12th day
of April, 1993.
Vernon F. Reinert, Mayor
Mar;ily G. Anderson, Clerk -Treasurer
The motion for the adoption of the resolution was duly seconded by
Council Member Bergeson and upon vote being taken thereon, the
following voted in favor thereof: Bergeson, Elliott, Neal,
Reinert.
The following voted against same: None, Council Member Kuether was
absent.
Whereupon said resolution was declared passed and adopted.
127
128
C1 T Y
OF
LINO
LAKES
3
L.
CITY OF
LINO LAKES
W
r)
PROPOSED AREA
TO ANNEXED TO
THE CITY OF
CENTERVII 1 F
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Council Member Neal introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 18 — 93
RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF SANITARY SEWER AND WATER TRUNK FACILITIES, PHASE
II, APOLLO DRIVE
WHEREAS: it has been determined that installation of sanitary
sewer and water trunk facilities, Phase II, Apollo Drive
would be constructed most effectively under the roadway
of Apollo Drive, and
WHEREAS: it would be the most cost effective to construct the
utilities prior to the street construction,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The City Council finds the proposed improvement to be in
compliance with the established improvement policies.
2. The City Council had determined that the proposed installation
of the utilities would be most cost effective if completed
prior to the construction of Apollo Drive.
3. John Powell, TKDA is hereby designated as the engineer for
this improvement. He shall prepare plans and specifications
for the making of such improvement.
Adopted by the Lino Lakes City Council this 12th day of April,
1993.
ifT
Mar
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: Bergeson, Elliott,
Neal, Reinert.
The following voted against same: None, Council Member Kuether was absent.
Whereupon said resolution was declared duly passed and adopted.
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130
Council member Elliott
following resolution and move its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 19 - 93
introduced the
RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR
PURCHASE OF TWO ACCU-VOTE SCANNING EQUIPMENT
(BUDGET AMENDMENT NUMBER 1)
WHEREAS, Two accu-vote optical scanning equipment have been
received from Anoka County, and
WHEREAS, Since 1988, dollars have been budgeted to purchase this
equipment, and
WHEREAS, these dollars are designated in the General Fund balance
effective December 31, 1992.
NOW THEREFORE BE IT RESOLVED, that the 1993 General Fund be amended
accordingly.
General Fund
Elections Capital Outlay increase to
$10,048
Adopted by the City Council of Lino Lake -tfiis 12th day of January,
1993.
ti I ✓k}1,1 \ Cc Zt (Lc --)'-N—
Vernon F. Reinert - Mayor
Marilyn' G. Anderson, Clerk Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Bergeson and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott, Neal,
Reinert.
The following voted against same: None, Council Member Kuether was absent.
Where upon said resolution was declared duly passed and adopted:
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Council member Bergeson introduced the
following resolution and move its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 20 - 93
RESOLUTION TRANSFERRING FUNDS FROM THE SEWER AND WATER
ENTERPRISE FUND TO THE AREA AND UNIT 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 Area and Unit Fund, and
WHEREAS, the 1990 and 1992 bond sales projected revenue from a
combination of connection fees, trunk area assessments and
services, and
WHEREAS, the City Engineer and Finance Director have determined
that the amount from the Sewer and Water Enterprise Fund to the
Area and Unit Fund for the first quarter 1993 is $24,431.
NOW THEREFORE BE IT RESOLVED, that the following transfer be made
effective March 31, 1993.
Increase
Area and Unit (406) 24,431
Sewer and Water Enterprise (601)
Adopted by the City Council of Lire Lakes this
1993.
Decrease
(24, 431)
12th day of April,
Vernon F. Reinert - Mayor
/7 )'i
�Maril G. Anderson, Clerk Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Neal and upon vote being taken
thereon, the following voted in favor thereof: Elliott, Bergeson,
Neal, Reinert.
The following voted against same: None, Council Member Kuether was absent.
Where upon said resolution was declared duly passed and adopted: