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HomeMy WebLinkAbout09/27/1993 Council Minutes (2)1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 27, 1993 DATE TIME STARTED : TIME ENDED MEMBERS PRESENT: MEMBERS ABSENT September 6:40 P.M. 8:52 PM. Reinert, Nevi, Ruether, Elliott, Bergeson None Staff members present: City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Planning Consultants, David Licht and Alan Brixius; Economic Development Authority Advisory Board Chairman, Brian Wessel; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. There were no changes to the agenda. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, September 8, 1993 Special Council Meeting, September 11, 1993 Regular Council Meeting, September 13, 1993 DISBURSEMENTS: September 27, 1993 Centennial Fire Department OPEN MIKE REGULAR AGENDA PAGE 1 DISPOSITION Approved Approved Approved Approved Approved 160 COUNCIL MEETING SEPTEMBER 27, 1993 No one appeared under Open Mike. Mayor Reinert noted that under the leadership of Mary Kay Wyland, City employees have adopted a roadway. He noted that this action was voluntary on the part of the City employees and he thanked the employees on behalf of the City Council and the citizens of Lino Lakes. Mayor Reinert noted that earlier this summer an employee "flex- time" program was adopted. In association with this program, "casual dress day" was also adopted. Fridays were designated as "casual dress" day and any employee could participate if the employee donated a dollar item to the food shelf or a $1.00 each Friday. The food shelf program was started to show appreciation for being allowed to dress casually and to show willingness on behalf of the staff to serve the community. CONSIDERATION OF CHIEF OF POLICE EMPLOYMENT AGREEMENT WITH MR. DAVID PECCHIA A letter of understanding outlining the terms and conditions under which Mr. Pecchia will become Chief of Police has been negotiated by Mr. Schumacher and Mr. Larry Thompson, Public Management Consultants. Mr. Pecchia has agreed to the terms of the letter. Council Member Elliott moved to confirm the employment of Mr. Pecchia as Chief of Police. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Pecchia thanked the City Council for selecting him as Chief of Police. He said he was ecstatic about the challenges ahead and outlined both short term and long term goals for the Police Department. Mr. Pecchia again thanked the City Council and said he looked forward to serving the Lino Lakes community. PLANNING AND ZONING BOARD REPORT FIRST READING, Ordinance No. 93 - 15 Making Provisions for the Opportunity as Well as the Control of Adult Use Activities. FIRST READING, Ordinance No. 93 - 16 Regulating Adult Use Activities and Businesses Mr. Licht noted that "adult uses" have recently appeared -in area newspapers. However, Lino Lakes has not yet been confronted with this problem. Ordinances have been prepared to regulate such activities in the event they do come into the City. Adult uses are protected to a major extent by Supreme Court decisions PAGE 2 1 1 1 1 161 COUNCIL MEETING SEPTEMBER 27, 1993 and also by the First Amendment to the Constitution. The City is not allowed to regulate the content of adult uses but their secondary impact can be regulated to minimize the negative impact that might result from the adult uses. The Planning and Zoning Board has held two (2) public hearings on the proposed ordinances and a report has been prepared by Northwest Associated Consultants, Inc. and the Planning and Zoning Board did pass a resolution stating that there is a need for controls of adult uses in the City. The result of this work is a proposed Zoning Ordinance amendment and a licensing ordinance. The Zoning Ordinance defines what adult activities are and sets out and regulates on a separate basis accessory uses and where they can be located. The Supreme Court has stated that an "opportunity area" for adult uses must be provided and that "opportunity area" must constitute five percent (5%) of the City. An extensive analysis of the City was conducted resulting in the conclusion that there will be a 300 foot separation from all residential uses, other adult uses or certain activities such as day care centers, liquor establishments, parks or other activities where minors may be involved. The 300 foot separation represents a slightly higher threshold than the recommended five percent (5%). The second ordinance deals directly with the operation of the adult uses and primarily focuses on preventing criminal activity that may take place. It also gives the City a method to terminate the activity through the licensing procedure. Council Member Bergeson asked if a number higher than the 300 foot limit would be hard to defend? Mr. Licht said in his opinion, a higher limit would open the City to a challenge of the ordinance. He noted that he has tried to minimize the areas for challenge and tried to put in criteria and followed all the guidelines to keep challenges to the lowest possible threshold. Council Member Kuether asked who would be responsible to determine if the criteria is met? Mr. Licht explained that the ordinance only deals with retail sales and not services. Retail sales is a criteria that is easier to measure. The Zoning Administrator is responsible to check to see that the criteria is met and this has not become an issue. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 93 - 15 Making Provisions for the Opportunity as Well as the Control of Adult Use Activities. Council Member Neal seconded the motion. Roll call vote: Bergeson, aye; Elliott, aye; Kuether, aye; Neal, aye; Reinert, aye. The motion carried unanimously. PAGE 3 COUNCIL MEETING SEPTEMBER 27, 1993 Council Member Elliott moved to approve the FIRST READING of Ordinance No. 93 - 16 Regulating Adult Use Activities and Businesses. Council Member Kuether seconded the motion. Roll call vote: Bergeson, aye; Elliott, aye; Kuether, aye; Neal, aye; Reinert, aye. Motion carried unanimously. FIRST READING, Ordinance No. 93 - 17 Amending Appendix B1, Accessory Buildings and Structures - Ms. Wyland explained due to citizen request, staff has prepared an ordinance amending the Accessory Buildings and Structures section of the City Zoning Code. This amendment increases the square footage of accessory buildings allowed on residential lots so as to be consistent with surrounding communities. Additionally, the amendment ties the sizes of accessory buildings to the footprint of the principal structure on the lot, allowing more accessory square footage for larger homes. The Planning and Zoning Board also recommended a provision for an increase in square footage that will be allowed by the ordinance via a Conditional Use Permit. The proposed ordinance allows 1,000 square feet in garage area where 880 square feet was the previous limit, and 1,100 square feet where 960 was the previous limit. On properties over 1 1/4 acre in size and up to 20 acres, where 750 square feet was the limit for a detached garage, that limit has been increased to 1,100 square feet to be consistent with the smaller lot area requirements. Council Member Kuether referred to page 4, (G) and asked what the reference to an R-7 garage meant. Mr. Brixius explained the reference is to a garage on a lot in a manufactured home subdivision which have very small lots. Council Member Kuether asked if metal buildings would be allowed. Ms. Wyland said no pole type structures would be allowed, however, the small manufactured metal tool buildings would be allowed. Council Member Kuether asked if a landowner owned 11 acres and wanted to split off 10 acres, could a landowner create a one (1) acre parcel without municipal sewer? Ms. Wyland explained that this will be considered when the next proposed ordinance is addressed. Council Member Kuether asked in the next proposed ordinance is there a provision that if 10 acres are split off an 11 acre parcel and a house is constructed on the 10 acres, does the house have to be set on the lot to allow for future subdivision? She felt that this should also be referenced in the Accessory Buildings and Structures ordinance. Ms. Wyland explained that this is referenced in another section of the Zoning Code. Council Member Kuether explained that her neighbor had an PAGE 4 1 1 1 1 1 1 163 COUNCIL MEETING SEPTEMBER 27, 1993 accessory garage built on his lot and now he would like to subdivide his lot and sell off the back portion. However, the accessory garage was constructed in a position that will not allow for the subdivision. She asked that the placement of accessory buildings be referenced in this proposed ordinance. Mr. Brixius said he would add this provision on the first page under (5) Setbacks for Accessory Buildings. This language will be included in the ordinance for the second reading. Mr. Schumacher asked for clarification regarding the Conditional Use Permit. Ms. Wyland explained that the Conditional Use Permit would be used if a resident wanted a building larger than the maximum size provided for in their district. Mr. Schumacher said he would like the City Council to be aware of this provision because it has been a problem in the past. Mr. Brixius explained that the Conditional Use provision was added to the ordinance to avoid the need for a variance but would have to meet certain criteria. Variances can only be approved if a hardship is established. In any case, adjoining neighbors would be notified by mail of the request. Mr. Schumacher noted that this provision has been a problem in the past and opens the door for requests for additional square footage. Council Member Bergeson noted that the Zoning Code requires specific amounts of green space on each lot. He asked if there are any provisions in this proposed ordinance that could potentially violate that section of the Zoning Code. Mr. Brixius explained in considering any request, the Planning and Zoning Board should always adhere to the stricter provision. In doing so, no provision of the Zoning Code would be violated. Council Member Bergeson noted that there are several provisions addressing houseboats. He suggested that since houseboats have never been used in Lino Lakes this provision be stricken from the ordinance. Council Member Kuether Ordinance No. 93 - 17, Council Member Elliott A lady in the audience proposed ordinance and moved to adopt the first reading of Accessory Buildings and Structures. seconded the motion. told the City Council that she favors the encouraged the City council to pass it. Voting on the motion, motion carried unanimously. FIRST READING, Ordinance No. 93 - 18, Amending Appendix B1, Areas Without Sanitary Sewer - Mr. Brixius explained that the current Zoning Ordinance address sanitary sewer and allows for subdivisions that are below the 10 acre minimum for rural districts. Also there are areas in Lino Lakes that are unsewered PAGE 5 164 COUNCIL MEETING SEPTEMBER 27, 1993 and have zoning designations for urban densities. Currently there is nothing in the ordinances that states if sanitary sewer is not available, lot sizes must be 10 acres or more. This proposed ordinance replaces Emergency Ordinance No. 93 - 11. This ordinance establishes rules for areas that are unsewered including minimum size for lots. The exceptions include: 1) lots of record established prior to July 13, 1992 if they can demonstrate that they can have an on-site septic system; or 2) a habitable single family home constructed prior to July 13, 1992 may reduce its lot size to a one (1) acre lot size provided that the balance of the acreage is 10 acres or the balance of the acreage can be served by sewer and water such as along Marvy Street. Commercial and industrial lots are made an exception to the ordinance and all non-residential uses in these districts are permitted through a site plan review. The minimum lot size will be 10 acres and shall not apply to smaller parcels of record or newly created unsewered lots provided the following conditions are met: can demonstrate that an on-site septic system will work and provided the developer will waive the right to appeal future local improvements under the City Charter. This provision would only apply to new subdivisions to get flexibility for smaller lots and would not interfere with the future utility planning in the area. Mr. Brixius noted that the ordinance is generally focused on allowing a farmer to keep his homestead on as little as one (1) acre and sell off the balance of the farm for development. Council Member Bergeson asked when a subdivision is requested and a one (1) acre parcel remains with the homestead and the larger parcel is developed into sewered lots, is there a provision to make the one (1) acre lot connect to sewer and water. Mr. Brixius said no, not as long as the septic system is existing and functioning. The current ordinances require that the parcel connect to sewer and water when either the septic system or well fails. This is consistent with what has happened in the past. Council Member Kuether moved to adopt the first reading of Ordinance No. 93 - 18 Amending Appendix B1, Zoning Ordinance, Section 4, Subdivision 17, Areas Without Sanitary Sewer. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT Consideration of Resolution No. 77 - 93, Receiving Report and Calling Hearing on Improvement, Lake Drive (County Road #23)/Highway #49 Intersection - The feasibility report for the PAGE 6 1 1 1 1 1 16E COUNCIL MEETING SEPTEMBER 27, 1993 above described improvement is complete and is being submitted to the City Council. The improvements proposed are according to the Mn/DOT Approved Preliminary Design Layout 2A. Mn/DOTs share of the funding becomes available July, 1994. The project schedule reflects this time frame. The report on feasibility begins the public hearing process for the assessment of the City's share of the proposed improvements. If the project is to proceed, the Report on Feasibility needs to be accepted by the City Council. Upon acceptance of the report, a public hearing is to be scheduled. Mr. Schneider explained that it is his intention to schedule a public hearing on the assessment for this improvement prior to awarding bids for the construction of the improvement. This procedure will assure that funding will be available when the construction begins. Council Member Elliott moved to adopt Resolution No. 77 - 93. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 77 - 93 can be found at the end of these minutes. CONSIDERATION OF A RECOMMENDATION OF THE CITY COUNCIL TO THE CHARTER COMMISSION FOR LANGUAGE CHANGE TO CHAPTER NO. 8 Mr. Wessel explained that the Charter Commission held a public meeting on September 14, 1993 to consider changing language in Chapter 8 of the City Charter. The new language would allow three (3) Economic Development Districts in the City to operate under State Statute 429. On September 15, 1993, the Charter Commission voted to recommend the City adopt the language change to Chapter 8, but requested an additional provision to ensure the rights of property owners within the districts are preserved. The City's legal counsel has submitted the amended language for City Council consideration. The proposed amendment reads as follows: Section 1. Section 8.02 is amended to read: Section 802. Effective Charter Provisions, Except as provided in Section 8.07, local improvement (the teen "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provision of this Charter. PAGE 7 COUNCIL MEETING SEPTEMBER 27, 1993 Section 2. Chapter 8 is amended by adding a section to read: Section 8.07. Local improvements: special provisions. Subdivision 1. Except as provided in subdivision 3, in the geographic areas of the City described in subdivision 2, the construction of local improvement, the levy of special assessments for and the financing of those improvements must be conducted in accordance with procedures specified in state law. Subd. 2 Subdivision 1 applies to land within three geographic areas, each not exceeding 430 acres, legally described by official action of the City Council of the City taken prior to September 30, 1993. Subd. 3 The construction of local improvements, the levy of special assessments for the financing of those improvements that specially benefit a parcel of real property in an area described in Subdivision 2 on which a single family, owner occupied residential unit existed on September 30, 1993 must be conducted in accordance with the procedures specified in Sections 8.03 to 8.06 of the Charter: provided, however, that this exception terminates on the first day that an owner occupied residential unit no longer exists on the parcel of real property. Subd. 4. Proceedings for the construction of a local improvement in an area specified in Subdivision 2 may not be combined or consolidated as a single improvement with local improvements in areas not specified in Subdivision 2. Mr. Wessel displayed Exhibit A which is a map outlining the three (3) areas referred to in Section 8.07, Subdivision 2 of the above draft amendment. He noted that the intent of the draft amendment is to separate out the non -owner occupied residential property and keep that property under the provisions of the City Charter. The remainder of the areas will be under the provisions of State Statute 429. Mayor Reinert explained that the draft amendment does not specifically deal with protection regarding the property tax issue. Council Member Kuether said it was her understanding that the City Council will not have to deal with this issue because the property used for residential purposes will be allowed to remain classified as residential. Mayor Reinert said he felt the issue raised at the Charter Commission meeting was that the residents in these three (3) areas do no want to be taxed as a PAGE 8 1 1 1 1 1 1 167 COUNCIL MEETING SEPTEMBER 27, 1993 business and driven out of their homes. Charter Commission Secretary, Rolf Iverson was in the audience and said he understood that this was an issue. Council Member Kuether felt the above amendment should cover this issue. She noted that the classification the residential property owners have now will be the same when this amendment is put into place. Council Member Kuether asked why the draft amendment refers to 430 acres? Mr. Wessel explained that the properties involved will be described by legal description. The draft amendment refers to the area that is involved. Council Member Bergeson moved to adopt the proposed draft amendment to Chapter 8 of the Lino Lakes City Charter and Exhibit A. Council Member Elliott seconded the motion. Council Member Kuether asked if the legal description will replace Exhibit A and she was told yes. Voting on the motion, motion carried unanimously. CONSIDERATION OF A DEVELOPMENT AGREEMENT, ACCU-TOOL, INC., RESOLUTION NO. 78 - 93, SUPPORT FOR THE ACCU-TOOL, INC. IMPROVEMENT Mr. Wessel explained that Accu -Tool, Inc., a Forest Lake based manufacture of precision parts, has purchased the building located south of Lilac Street and east of Fourth Avenue. The Economic Development Authority Advisory Board (EDAAB) has been working with the owner, Mr. Jungman to help him upgrade the exterior of the existing building and the addition to concrete block. The City has agreed to offer $70,000.00 in financial assistance after an amendment to its Tax Increment Finance (TIF) plan. Mr. Jungman has agreed to give the City $5,000.00 to guarantee his commitment to the project. Council Member Kuether asked for the explanation of the financial assistance guarantee. Mr. Wessel explained that Mr. Jungman will receive $65,000.00 in assistance and outlined Mr. Jungman's costs. Council Member Bergeson noted that in exchange for TIF consideration, the City is asking for certain changes in the improvements to the building. He asked if this should be included in the motion for approval. Mr. Wessel said the, development agreement should be referenced. Council Member Kuether moved to approve Resolution No. 78 - 93 Supporting the Accu -Tool, Inc. improvement subject to completion PAGE 9 COUNCIL MEETING SEPTEMBER 27, 1993 of a development agreement. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 78 - 93 can be found at the end of these minutes. SECOND READING, ORDINANCE 93 - 13, INCREASING SALARIES OF MAYOR AND COUNCIL MEMBERS Mr. Schumacher explained at the first reading of the proposed ordinance, the City Council requested that the Ways and Means Committee evaluate and make a recommendation to the City Council with regard to passage. The Ways and Means Committee recommended that the City Council vote on the ordinance when it has its second reading. The Ways and Means Committee also made the following recommendations with regard to the compensation of the Planning and Zoning Board and the Park Board: Current Proposed $30.00/meeting $10.00/quarter if all meetings attended $50.00/meeting for Chairman $50.00/meeting $10.00/qtr. if all meetings attended $75.00/meeting for Chairman If this recommendation becomes the consensus of the City Council, a resolution would be prepared for consideration of the City Council. Mr. Schumacher explained that he did a Mayor and City Council salary survey several months ago. The survey indicated that the Lino Lakes salaries were behind the average of the Cities surveyed. The recommendation was prepared and at the first reading of the ordinance, staff was instructed to take the recommendation back to the Ways and Means Committee for further review. The survey for the Planning and Zoning Board and Park Board stipends was not as consistent as the survey for the City Council salaries. Mr. Schumacher used the City of Shoreview as an example. Council Member Neal moved to adopt the second reading of Ordinance No. 93 - 13. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson voting no. Ordinance No. 93 - 13 can be found at the end of these minutes. Council Member Bergeson explained that the Ways and Means Committee agreed that the stipend for the Planning and Zoning PAGE 10 1 1 1 1 COUNCIL MEETING SEPTEMBER 27, 1993 Board and Park Board should be increased. However, they did agree that the $10.00 additional pay for attending all three meetings should be continued. not (3) Council Member Bergeson noted that the EDAAB does not receive any stipend and felt that this policy should continue. Council Member Kuether moved to direct staff to prepare an ordinance for Council approval increasing the Planning and Zoning Board and Park Board stipend as outlined above but without the additional $10.00 for attending all three (3) meetings. Council Member Bergeson seconded the motion. Council Member Neal noted that there are other boards that do not receive additional stipends. Mayor Reinert noted that no other board actually recommends or proposes ordinance and policy changes. Mr. Schumacher noted that these are the only two (2) boards that are required by City Code. Council Member Bergeson asked that a report be prepared showing what other communities pay other boards and commissions. Voting on the motion, motion carried unanimously. The City Council recessed to a closed session to discuss strategy regarding the Reshanau Park Estates Homeowner's Association litigation. The City Council returned from recess at 8:52 P.M. ATTORNEY'S REPORT Mr. Hawkins did not have a report OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of Authorizing an Exemption from Lawful Gambling License, St. Joseph Catholic Church - Mrs. Anderson explained that non-profit organizations are allowed under the gambling statutes to apply for an exemption from a gambling license if they conduct fewer than five (5) gambling occasions per year. St. Joseph Catholic Church conducts three (3) gambling occasions. One (1) occasion is the Turkey Bingo which will happen op; November 21, 1993. This is an annual event and raises money for food baskets that are delivered in the community at Thanksgiving. Council Member Kuether moved to approve the exemption from a PAGE 11 17 COUNCIL MEETING SEPTEMBER 27, 1993 gambling license. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Adopting List of Election Judges for the 1993 Municipal Election - Mrs. Anderson presented a list of persons who are qualified, trained and experienced to act as Election Judges for the City. The list showed the precinct each Judge was assigned to and Mrs. Anderson noted that each Judge was assigned to a "home" precinct whenever possible. She noted that all the Judges will not be needed, however, she asked that she be allowed to hire any of the persons as needed for the election process. Mrs. Anderson noted that since the voter turn -out is expected to be relatively small, there is no need to hire or train additional judges. Council Member Neal moved to adopt the list of Election Judges as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Set Council Budget Work Sessions - Mr. Schumacher gave the City Council a list of dates for Budget Work Sessions. The dates included October 6, 1993, October 27, 1993 and November 17, 1993. Council Member Neal noted that the Municipal Board will meet on September 30, 1993 at Forest Lake Township to give a preliminary ruling regarding the Centerville Annexation matter. Council Member Kuether moved to adjourn at 8:52 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held on October 11, 1993. • Mari lyn . Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 12 1 1 Council Member Neal adoption: 171 introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 93 - 13 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY INCREASING SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: 1. The City Code of the City of Lino Lakes, Anoka County, Minnesota is hereby amended by deleting and replacing Section 302, Subdivisicin 203.01 Council Salaries, Subdivision 1, Amount as follows: 203.01 Council Salaries Subdivision 1. Amount. Pursuant to the provision and allowance of Minnesota State Statutes 415.1 1, the salary of the Mayor of the City of Lino Lakes shall be four thousand five hundred dollars ($4,500.00) per year and the salary of each Council Member shall be the sum of three thousand six hundred dollars ($3,600.00) per year. The salaries established hereby are to be paid monthly. //. This ordinance shall be effective January 1, 1994. Passed by the City Council of the City of Lino Lakes this 27th day of September, 1993. Vernon F. Reinert, Mayor Ordinance No. 93 - 12 Page -2- Marilyn Anderson, Clerk -Treasurer 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: Elliott, Kuether, Neal, Reinert. The following voted against same: Council Member Bergeson. Whereupon said ordinance was declared passed and adopted. 1 1 173 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 77 — 93 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT, HODGSON ROAD (T.H.49)/LAKE DRIVE (CSAH 23) INTERSECTION WHEREAS: pursuant to a resolution of the Council adopted May 24, 1993, a report has been prepared by SEH, City Consultant with reference to the improvement of Hodgson Road (T.H. 49)/Lake Drive (CSAH) 23. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of Hodgson Road (T.H. 49)/Lake Drive (CSAH) 23 in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $1,910,200.00. 2. A public hearing shall be held on such proposed improvement on the 25th day of October, 1993, in the Council chambers of the City Hall at 7:15 P.M. and the clerk shall give mailed and published notice of such hearing and improvements as required by the City Charter and by law. Adopted by the City Council this 27th day of September, 1993. Vernon F. Reinert, Mayor Marilyn . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, EllAott, Kuether, Neal, Reinert. The following voted against the same: none. Whereupon said resolution was declared duly passed and adopted. 174 Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 78-93 RESOLUTION OF SUPPORT FOR THE ACCU-TOOL PROPOSAL WHEREAS, the City of Lino Lakes will begin the process for the Tax Increment Financing Plan amendment; WHEREAS, Mr. Joe Jungman of Accu -Tool, Inc. will first provide $5,000 as a commitment to locating his business in Lino Lakes; WHEREAS, the plan amendment will consist of the city's commitment to actual and reasonable costs up to $70,000 in financial assistance to Accu -Tool, Inc. for approximately 10,000 square feet of new and existing construction; WHEREAS, Mr. Jungman will receive the financial assistance at the time of occupancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will support the Tax Increment Financing Plan amendment and financial assistance for Accu -Tool, Inc. Adopted by the Lino Lakes City Council this 27th day of September, 1993 Vernon F. Reinert, Mayor Mariln G. nderson, 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, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1