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HomeMy WebLinkAbout04/11/1994 Council Minutes1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES APRIL 11, 1994 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Recreation Coordinator, Barry Bernstein; Fire Chief, Milo Bennett; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. There were no changes to the agenda. CONSENT AGENDA Council Member Elliott moved to adopt the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES: Regular Council Meeting, March 28, 1994 Approved Special Council Meeting, October 14, 1993 Approved DISBURSEMENTS: March 31, 1994 Approved April 11, 1994 Approved Centennial Fire District Approved DISPOSITION PAGE 1 1 c,1 1JG COUNCIL MEETING APRIL 11, 1994 REGULAR AGENDA OPEN MIRE James Ferris, 7278 Stage Coach Trail and Richard Backlund, 7270 Stage Coach Trail - Mr. Ferris and Mr. Backlund addressed the City Council regarding the placement of a trail entrance on the easement between their homes. A map was displayed showing the location of the lots and the trail and pictures were displayed showing the close proximity of the trails to the homes and garages on the two (2) lots. Mr. Ferris said he was concerned about the planning of the trail entrances and asked why the entrance had to be placed on the easement of the two (2) lots with the smallest frontage. He felt that this reflected poor planning. Mr. Ferris explained that when he purchased his lot, he was told there would be a trail on the side. However, his perception of a trail was a narrow wood chip covered pathway not an eight (8) foot wide paved driving surface. Mr. Backlund said the real estate agent disclosed that a trail had been planned but believed that it would not be constructed. Both Mr. Ferris and Mr. Backlund objected to the trail entrance easement on their property and suggested that the entrance be place to the south when the new subdivision is platted. Mayor Reinert noted that the City has spent time and money to prepare a comprehensive park and trail plan for the entire City. He also explained that it is unfortunate that a full disclosure of the trail plan was not provided to Mr. Ferris and Mr. Backlund at the time they purchased their lots. Mayor Reinert has proposed that all real estate agents operating in Lino Lakes be licensed and required to make full disclosures or risk losing their licenses. He said that this is a very unfortunate situation and it is difficult for the City Council to try to rectify a problem created in this manner. Mr. Backlund asked the City Council to consider removing the entrance to the trail from his lot and Mr. Ferris' lot. He explained that the neighbors would not be opposed to moving the entrance to the north on the church property or to the south on the unplatted property. Mr. Ferris asked if there are rules governing the use of the trails and does the City have the ability to patrol them. Mayor Reinert suggested that Mr. Ferris take this matter to the Parks Director, Marty Asleson. Mayor Reinert also noted that the City Council has no control over what real estate agents are telling prospective buyers. PAGE 2 1 1 1 1 COUNCIL MEETING APRIL 11, 1994 Mr. Backlund explained that he is looking for a reasonable solution to the problem and noted that the entrances are not needed at this time and there is another access further to the south. Mayor Reinert explained that the City Council does not have an answer to the problem at this time, but will ask the Park Board to reconsider the matter and bring another recommendation for the City Council to consider. Council Member Bergeson noted that access points are needed and suggested that the church be contacted. Mr. Ferris explained that he has talked to persons at the church but there has been no response to date. Mr. Backlund asked the City Council if anyone denied that this is poor planning and asked if those who do the planning should be reviewed. Council Member Kuether noted that the developer and staff agreed where the trails should be placed. Mayor Reinert explained that park and trail planning is not done haphazardly. The plan was prepared by professional people with citizen input. Council Member Elliott explained that this is frustrating and explained that the matter will be addressed by the Parks Director. He will be in contact with the residents. There was discussion regarding the house setback from the easement. Mayor Reinert asked that this be addressed by the Building Inspector. Mr. Backlund asked if there is any assurance that the trail entrance will not be blacktopped prior to the meeting with the Parks Director and the Park Board. Mr. Schneider explained the process and noted that it would be at least June before blacktopping is started. He explained that there is time to work on the problem. Mayor Reinert asked that this matter be directed to the Parks Director and placed on the Park Board agenda. REVIEW OF THE SUMMER RECREATION PROGRAM, BARRY BERNSTEIN Mr. Bernstein gave the City Council a copy of the Spring/Summer, 1994 Recreation Program booklet and briefly highlighted the new programs and outlined the registration procedure. He noted that the staff is very proud of the accomplishments of the Recreation Department. Mr. Bernstein noted the traveling playground program and explained that a vehicle had been donated to the Recreation Department. The vehicle is being outfitted to go to both the Shenandoah Park and the Sunset Oaks Park so that these two (2) parks can offer more programming for children. PAGE 3 153 154 COUNCIL MEETING APRIL 11, 1994 Mr. Bernstein explained that the Performances in the Park program will be scheduled for Sunrise Park only. This will eliminate some confusion as to which park is hosting the performances. In 1993, programs were interrupted because of electrical problems. The electrical service at Sunrise Park is sufficient for these programs. Mr. Bernstein expressed excitement regarding the Safety Camp that is programmed by the Lino Lakes Police Department, Circle/Lex Police Department, Centennial Fire District and the Lino Lakes Recreation Department. It is a one day camp for third grade children. It is hoped that this program will promote a better and safer community. Mayor Reinert asked if many people from other communities are signing up for the programs. Mr. Bernstein explained that all of the programs are being offered to Lino Lakes residents a month before they will be offered to the adjoining communities. The registrations to date have been overwhelming. Mayor Reinert noted the program "Gardening for Fun" and asked if one purpose of the program is to beautify Lino Lakes. Mr. Bernstein explained that this is a new program and he envisioned that there will be plantings around public buildings as well as other sites. He said gardening ideas would be welcome. Materials will be supplied by the City. Mayor Reinert said he was happy to see a balance of programs for all ages. Mr. Bernstein said he would like to provide additional programming for younger teens. Mayor Reinert thanked Mr. Bernstein for his presentation. CENTENNIAL FIRE DISTRICT ANNUAL REPORT, CHIEF MILO BENNETT Chief Bennett presented highlights from the 1993 Centennial Fire District Annual Report. He explained that the fire prevention program has done an excellent job in getting to the public with the fire prevention and safety messages. Training programs have improved and 11 fire fighters have obtained Fire Fighter II certification. The volume of "runs" have increased about 4.5% however, heavy fire losses were limited. The wet spring and fall of 1993 kept the grass fires to a minimum. Station Three (Centerville) was completed at the end of 1992 and is proving to be a valuable improvement to the Fire District. The current membership is at 50 fire fighters. Daytime fire fighters are the only persons being considered for membership at PAGE 4 1 1 1 1 COUNCIL MEETING APRIL 11, 1994 this time. The Fire District received two (2) new rescue vehicles during 1993 and they are a great asset to the Fire District. Two new grass rigs have been ordered and are expected to be delivered in June, 1994. Chief Bennett explained that a Capital Improvement plan has been drafted that addresses capital needs through 1999. Mayor Reinert asked about the relationship between the Centennial Fire District and the Lexington Fire Department. Chief Bennett explained that he has met with the Mayor of Lexington and the Fire Chief. They are preparing a letter to Chief Bennett explaining what they are doing to improve the Lexington Fire Department. Mayor Reinert said he felt it was fair to let the City of Lexington know that the door is always open for them to join the Centennial Fire Department. Council Member Bergeson asked if the Correctional Facility was under his jurisdiction. Chief Bennett said yes and there was only one call in 1994. He noted that the facility will be changing and he will be involved with planning the changes. Chief Bennett thanked the City Council for their support and said he felt the Fire District is operating very well. CONSIDERATION OF THE 1995 CENTENNIAL FIRE DISTRICT BUDGET, CHIEF MILO BENNETT Chief Bennett presented the 1995 Centennial Fire District Budget. The Budget has been sent to the Centennial Fire District Steering Committee who has recommended that it be sent to each of the three (3) city councils. The Fire District is now 10 years old. Some depreciation that has been part of the previous budgets is now disappearing. The City of Lino Lakes will not see as large of an increase in the 1995 Budget because of this factor. Some important issues addressed in the 1995 Budget are: 1) Upgrading incentive pay. 2) Increasing uniform budget because previous budgets did not adequately address this area. 3) Increase expenses for fire prevention. 4) Address Dues/Membership Chief Bennett explained all fire stations are functioning well. There has been improved response time because, the equipment is easier to get out. He also noted that when buildings and PAGE 5 156 COUNCIL MEETING APRIL 11, 1994 equipment are nice, the personnel have a tendency to keep them up. Chief Bennett explained that the newer equipment has helped reduce maintenance costs and the equipment is much more reliable. Chief Bennett explained that a very good working relationship has been established with Police Chief Pecchia. He also explained that the Safety Camp that is being put together by Mr. Bernstein is a very positive effort and hoped it would become an annual event. Chief Bennett noted that for Lino Lakes there is a less than 1% increase in the 1995 Budget. This is due in part to the reduction in depreciation. Council Member Kuether moved to adopt the 1995 Centennial Fire District Budget. Council Member Elliott seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 27 Receiving a Feasibility Study and Calling a Public Hearing for the Hodgson Road Water Main Improvement - Mr. Schneider presented the feasibility report explaining that the project was initiated by the City Council. The next step in the process is to receive the report and order a public hearing for the proposed improvement is to present details of the project and get input from the affected property owners. A public informational meeting is also planned for this project for late April. Council Member Kuether moved to adopt Resolution No. 94 - 27 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 27 can be found at the end of these minutes. Consider Extension of Sewer and Water North on 4th Avenue from Apollo Drive to Accu -Tool Property (Phase II) - Phase II includes extension of trunk sanitary sewer and watermain from near the water tower, beneath Apollo Drive, and terminating on the north side of Lilac Street. No extension of utilities was included in this project along 4th Avenue due to the uncertainty of the future demand in the area. Recently, various property owners along 4th Avenue have contacted the City regarding availability of City utilities and the assessments involved with connecting to the sanitary sewer and watermain. It is now likely that if City utilities become available on 4th Avenue, connections would be made in the near future which would partly defray the installation cost. The balance of the cost would have to be PAGE 6 1 1 1 1 COUNCIL MEETING APRIL 11, 1994 recovered by future connections, the pipes would be sized to accommodate future connections. The utilities would be extended north of the new 4th Avenue roadway connection, allowing this newly constructed area to remain undisturbed by future utility activity. By adding the proposed extensions to the Apollo Drive project, the Phase II contract would take advantage of the lower unit prices associated with larger quantities of work. The Apollo Drive project contract would be amended by a change order and this change order will not exceed 25% of the original contract which is allowable. The contractor has indicated that this work could be completed without significantly affecting the Apollo Drive schedule. Mr. Schneider noted that one of the lots along 4th Avenue has already paid a water assessment and would like to connect to sewer. Another lot owner, Accu -Tool has indicated that they would like to connect to utilities. In addition, Anoka County has inquired about connection to utilities and does plan to build another cottage this year. Costs of the improvement not covered by assessments will come from the Area and Unit Connection Fund. Mr. Schneider indicated that other lots along the project will be required to connect as their present systems fail. Council Member Elliott moved to approve Change Order No. 1 to the Apollo Drive improvement, Phase II. Council Member Bergeson seconded the motion. Motion carried unanimously. MnDOT Funding for Lake Drive (County Road 23)/Th 49 (Hodgson Road) - A letter dated March 30, 1994 has been received from MnDOT congratulating the City of Lino Lakes on being funded for the above described project in the amount of $650,000.00. Also a letter dated March 24, 1994 was received from MnDOT recommending that the project be funded for FY 1995 which begins July 1,1994. Significantly there is a statement near the end of the letter that further recommends that the project dollar amounts be set as a "cap" and that MnDOT participation will not exceed these amounts. This is a change from the normal manner in which projects of this type have been managed by MnDOT. The City of Lino Lakes will have to exercise caution in controlling the scope of the project if MnDOT adheres to this recommendation. Such things as the service road which was discussed March 28th would be the first to be eliminated in light of the response from property owners. Mr. Schneider will keep the City Council updated on this matter. The project is continuing and when all easements are available a Joint Powers Agreement must be completed with MnDOT and Anoka PAGE 7 1 rs 15 :3 COUNCIL MEETING APRIL 11, 1994 County. All County funds have been committed for this project. CONSIDERATION OF SECOND READING, ORDINANCE NO. 05 - 94 REQUIRING ALL COMMERCIAL SOLID WASTE COLLECTION HAULERS TO BE LICENSED BY THE CITY OF LINO LAKES, DARRELL SCHNEIDER Mr. Schneider explained that currently, the City does not regulate commercial waste haulers. This system allows many haulers to do business in Lino Lakes. The proposed ordinance is an amendment to the existing ordinance which regulates residential waste haulers in the City. Licenses would be issued to only those commercial haulers currently operating in the City, thus eliminating the opportunity for additional commercial haulers to come into the City. The objective of this amendment is to help control additional road wear on City streets. This amendment requires commercial haulers to offer recycling services to businesses in the City, provide reporting of recycling requirements and state operating guidelines in the interest of maintaining healthful, sanitary conditions. There have not been comments since the FIRST READING of the ordinance on March 28, 1994. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 05 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 05 - 94 can be found at the end of these minutes. ATTORNEY'S REPORT. BILL HAWKINS CLOSED SESSION, Update Regarding the Reshanau Park Estates Homeowner's Assn. Litigation - The City Council adjourned at 7:50 P.M. to a closed session. The City Council resumed the regular City Council meeting at 8:31 P.M. CONSIDERATION OF A POLICY REGARDING TRAVEL EXPENSES, RANDY SCHUMACHER Because many employees find themselves traveling on City business, it was important to update the travel reimbursement policy. The draft travel policy was placed in the Council packets. Ideas from travel policies from other cities were used to update the policy to define who is eligible for travel, and outline the rights and responsibilities of the employees. If PAGE 8 1 1 1 1 COUNCIL MEETING APRIL 11, 1994 adopted, the travel policy will become part of the Personnel Policy which is also in the process of being updated. Council Member Kuether questioned what is official business. Mr. Schumacher explained that it is business relating to that employees job. Council Member Neal asked what would happen if an employee registered for a seminar and the City pays the registration fee, then the employee does not go to the seminar. Mr. Schumacher explained that if the employee is aware in advance that an emergency will prevent him/her from attending, the registration should be canceled and a least a portion of the registration fee returned to the City. This is the responsibility of the employee and this benefit should not be used frivolously. Mr. Schumacher also noted that last minute changes in an employees schedule should be reported to his supervisor who can try and arrange to send sent someone else to the conference or seminar. Council Member Neal moved to adopt the Travel Policy as presented. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF A PROPOSAL TO INCREASE ELECTION JUDGES SALARIES This item was removed from the agenda and will be placed on the next City Council work session agenda. CONSIDERATION OF FIRST READING, ORDINANCE NO. 06 - 94 AMENDING THE GAMBLING ORDINANCE, SUBDIVISION 611.08, LEASES, BY ADOPTING STATE STATUTE 349, SECTION 349.18, SUBDIVISION 1, LEASE OR OWNERSHIP REQUIRED, MARILYN ANDERSON Occasionally the State Legislature updates non-profit gambling regulations. The 1993 Legislature enacted a statute raising the amount of rent an establishment can charge non-profit gambling organizations for space to conduct lawful gambling. The increase was from $600.00 per month to $1,000.00 per month. I have drafted an ordinance to amend the Lino Lakes Gambling Ordinance by adopting State Statute 349, Section 349.18, Subdivision 1, - Lease or Ownership Required. If the City Council adopts this ordinance, the Lino Lakes Gambling Ordinance will not have to be amended each time the Legislature changes the rental rates. Whatever is adopted by the State Legislature will automatically become the standard in Lino Lakes. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 06 - 94. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 9 15 160 COUNCIL MEETING APRIL 11, 1994 CONSIDERATION OF RESOLUTIONS NO. 94 - 24, NO. 94 - 25 AND NO. 94 - 26 ABATING CERTAIN LEVIED ASSESSMENTS, MARILYN ANDERSON Assessments were certified on three (3) lots or parcels of property for 1994 after the assessments were already prepaid. The prepayments were not properly routed to the City Clerk resulting in this error. Normally such errors would not be a problem because the Finance Department would balance their accounts and let the City Clerk know if any payment had not been routed properly. Balancing the accounts would occur in time for the City Clerk to notify Anoka County of the error. Because of the change in job descriptions and the delay in balancing accounts due to the change in software, the error was not noted until April 1, 1994. Since the time period for Anoka County staff correction is past, an abatement must be completed for each lot or parcel. The first step of the abatement process is for the City Council to pass resolutions abating each of the three (3) assessments. Council Member Elliott moved to adopt Resolution No. 94 - 24 Abating the 1994 Installment and All Future Installments for Special Assessment Fund Nos. 82250, 82251 and 82252, Lot 11, Block 1, Shores of Marshan. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 94 - 25 Abating the 1994 Installment and all Future Installments for Special Assessment Fund No. 82233, Lot 20, Block 1, Black Duck Estates, Second Addition. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 94 - 26 Abating the 1994 Installment and all Future Installments for Special Assessment Fund No's 82232 and 82233, Parcels A and B, Black Duck Estates, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No's 94 - 24, 94 - 25 and 94 - 26 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 94 - 28, CITY UNITY DAY, RESTORE SHORTFALL IN LGA, RANDY SCHUMACHER Mr. Schumacher explained that the League of Minnesota Cities is requesting support for various legislative issues. The most important to Lino Lakes is restoring the shortfall in the Local Government Trust Fund so there will be no cuts in LGA for 1994. They would like to have a representative from the City at their rally on April 21, 1994 near the State Capitol in St. Paul. PAGE 10 1 1 1 1 1 COUNCIL MEETING APRIL 11, 1994 Council Member Elliott moved to adopt Resolution No. 94 - 28. Council Member Bergeson seconded the motion. Motion carried unanimously. NEW BIISINESS Set Meeting Date With the Hugo City Council - The City Council set the date of April 20, 1994, 7:00 P.M. as the date for the joint city council meeting. OLD BIISINESS Consideration of Special Council Meeting Minutes, March 30, 1994 - Council Member Kuether moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. Consideration of a Gambling License Application for the Centennial Youth Hockey Association - The Centennial Fire District is currently conducting pull tab gambling at Shirley Kaye's and will cease operation June 30, 1994. The Centennial Youth Hockey Association has negotiated a lease from Shirley Kaye's beginning July 1, 1994 and is in the process of applying for a Minnesota non-profit organization gambling license. The Clerk has verified that this organization is a non-profit organization eligible for a Minnesota gambling license and that they have at least 15 members who live in Lino Lakes. Council Member Kuether moved to approve the Lino Lakes gambling license contingent upon them receiving a State of Minnesota gambling license. Council Member Bergeson seconded the motion. Motion carried unanimously. NOTICE: Annual League of City Conference, June 7 - 10, 1994, St. Paul Civic Center - This is a reminder to Council Members to let the City Clerk know if they wish to attend. Set Meeting Date for all City Board Meeting - This meeting was set for Wednesday, April 27, 1994, 6:00 P.M. Notices will be sent to all board and commission members. NOTICE: Board of Review, Monday, April 18, 1994, 6:30 P.M. This is a reminder for the City Council. Council Member Elliott moved to adjourn at 8:55 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held on April 25, 1994. PAGE 11 161 COUNCIL MEETING Clerk -Treasurer APRIL 11, 1994 Vernon F. Reinert, Mayor PAGE 12 Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 05 - 94 AN ORDINANCE AMENDING THE SOLID WASTE COLLECTION SERVICE CODE 507 BY REQUIRING ALL COMMERCIAL 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 mixed municipal solid waste and recyclables from commercial establishments, multiple dwellings or manufactured home parks within the City obtain a commercial solid waste hauler license from the City. SHORT TITLE This ordinance shall be known as the Commercial Solid Waste Hauler License amendment to the Solid Waste Collection Ordinance. Section 507.03 is here by amended by adding: DEFINITIONS - COMMERCIAL "Commercial Establishments" means any premise where an institutional, commercial, or industrial enterprise of any kind is carried on, including restaurants, clubs, churches and schools. "Multiple Dwelling" means any building used for residential purposes consisting of three or more residential units with individual kitchen facilities for each. "Manufactured Home Park" means any site, lot, field or tract of land upon which two or more occupied manufactured homes are located either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. Section 507.04 is amended by adding Subdivision 3. COMMERCIAL SOLID WASTE COLLECTION LICENSE Subd. 3 No person shall collect garbage, refuse or recyclables from commercial establishments, multi -family dwellings or manufactured home parks in the City without first securing a commercial solid waste collection 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 six, through attrition the number of licenses issued shall decrease to four. I. LICENSE REQUIREMENTS A. All persons engaged in the business of mixed municipal solid waste collection from commercial establishments, multiple dwellings or manufactured home parks in the City shall secure a commercial solid waste 1 64h1er license by June 1, 1994. B. An annual license fee shall be established by resolution of the City Council. A licensee that has a residential solid waste collection license shall not be charged additional license fees for a commercial solid waste license. Additional requirements are the same as I. License Requirements of residential haulers. II. DUTIES AND OBLIGATIONS OF THE LICENSED COLLECTOR - COMMERCIAL HAULERS A. A licensed commercial garbage, refuse and/or recyclables collector must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license. 1. 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 in the information, forms, or certificates filed as part of the license application process. 2. The licensee shall comply with all State, County, local laws and regulations. 3. 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 from 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. III. MANDATORY RECYCLING SERVICE FOR SOLID WASTE HAULERS - COMMERCIAL A. Each licensed garbage, refuse, and/or recyclables collector shall provide its commercial customers with an opportunity to recycle at least three recyclable materials through the weekly collection of recyclables. 1. The 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. 2. The recyclable materials collected shall be those mutually agreed upon by the hauler and the customer. 3. Each licensee shall submit a quarterly report to the City that identifies the type and weight in tons of recyclables that were collected by the licensee from city commercial establishments, multiple family dwellings and mobile home parks. IV. INDEMNIFICATION See IV. Ordinance 93 - 02. V. LICENSE REVOCATION The City Council may suspend or revoke the license of any hauling company whose conduct is found to,be in violation of the provisions of this ordinance. PENALTY Any person convicted of violating this ordinance shall be guilty of a 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 from and after its passage and publication according to the City Charter. Passed this llth day of April , 1994 by the Lino Lakes City Council. Signed this 11th day of April , 1994 Vernon F. Reinert, Mayor ATTEST: dh.-1 �` _ <'z tU "j 7L7 Marilyn Anderson, Clerk - Treasurer This 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon the said ordinance was declared duly passed and adopted. 16 166 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 24 RESOLUTION ABATING THE 1994 INSTALLMENT AND ALL FUTURE INSTALLMENTS FOR SPECIAL ASSESSMENT FUND NOS. 82250, 82251 AND 82252 ON PARCEL DESCRIBED AS PIN 17-31-22-34-0007, LOT 11, BLOCK 1, SHORES OF MARSHAN LAKE WHEREAS, the City Council of Lino Lakes has met and heard and passed upon this abatement, and WHEREAS, the lot was sold to Joel A. and Anne P. Voelker and the sales price included the cost of all special assessments, and WHEREAS, the City of Lino Lakes received payment of the special assessment on February 17, 1993, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. That the 1994 installment and all installments for future years for Special Assessment Fund Nos. 82250, 82251 and 82252 on property described as PIN. 17-31-22-34-0007, Lot 11, Block 1, Shores of Marshan Lake, including penalties and interest, if any, are hereby abated. 2. The City Clerk -Treasurer is hereby authorized and directed to forward a certified copy of the resolution to the County Auditor of Anoka County for abatement. Adopted by the Lino Lakes City Council this llth day of April, 1994. Vernon F. Reinert, Mayor arilyn 4Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 25 RESOLUTION ABATING THE 1994 INSTALLMENT AND ALL FUTURE INSTALLMENTS FOR SPECIAL ASSESSMENT FUND NO. 82233 ON PARCEL DESCRIBED AS PIN NO. 28-31-22-24-0103, LOT 20, BLOCK 1, BLACK DUCK ESTATES, SECOND ADDITION WHEREAS, the City Council of Lino Lakes has met and heard and passed upon this abatement, and WHEREAS, the lot was sold to Richard C. and Susan A. Schnetzler and the sales price included the cost of all special assessments, and WHEREAS, the City of Lino Lakes received payment of the special assessment on June 19, 1993, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. That the 1994 installment and all installments for future years for Special Assessment Fund No. 82233 on property described as PIN. 28-31-22-24-0103, Lot 20, Block 1, Black Duck Estates, Second Addition. 2. The City Clerk -Treasurer is hereby authorized and directed to forward a certified copy of the resolution to the County Auditor of Anoka County for abatement. Adopted by the Lino Lakes City Council this llth day of April, 1994. Vernon F. Reinert, Mayor lz� . 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 16/ 16 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 26 RESOLUTION ABATING THE 1994 INSTALLMENT AND ALL FUTURE INSTALLMENTS FOR SPECIAL ASSESSMENT FUND NO'S 82232 AND 82233 ON PARCEL DESCRIBED AS PIN. 28-31-22-24-0003, 985 BIRCH STREET, PARCELS A AND B, BLACK DUCK ESTATES, SECOND ADDITION WHEREAS, WHEREAS, WHEREAS, the City Council of Lino Lakes has met and heard and passed upon this abatement, and the lot was sold to Michael A. and Lynn A. Swanson and the sale price of the lot included the cost of all, special assessments, and the City of Lino Lakes received payment of the special assessment on June 4, 1993, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, as follows: 1. That the 1994 installment and all installments for future years for Special Assessment Fund No's. 82232 and 82233 on property described as PIN. 28-31-22-24-0003, Parcels A and B, Black Duck Estates, Second Addition. 2. The City Clerk -Treasurer is hereby authorized and directed to forward a certified copy of resolution to the County Auditor of Anoka County for abatement. Vernon F. Reinert, Mayor Mari1 yn 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, Elliott, Kuether, Neal, Reinert. The following against same: none. Whereupon said resolution was declared duly passed and adopted. 1 , Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 27 RESOLUTION ACCEPTING REPORT AND CALLING PUBLIC HEARING ON TRUNK WATERMAIN IMPROVEMENTS ON HODGSON ROAD WHEREAS, pursuant to a resolution of the City Council adopted on March 14, 1994, a report has been prepared by John Powell, TKDA, with reference to the trunk watermain improvements on the east side of Hodgson Road from Linda Avenue to Birch Street, and this report was received by the City Council on April 11, 1994, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the utility improvement in accordance with the report and the assessment of abutting 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 $196,290. 2. A public hearing shall be held on such proposed improvement on the 9th day of May, 1994, in the Council chambers of the city hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Lino Lakes City Council this 11th day of April, 1994. Vernon F. Reinert, Mayor Marilyn G. 'Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted infavorthereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 6 ,17U 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 28 RESOLUTION ESTABLISHING MINNESOTA CITIES UNITY DAY WHEREAS: the City of Lino Lakes is a member of the League of Minnesota Cities; and WHEREAS: WHEREAS: WHEREAS: Thursday, April 21, 1994 is Minnesota Cities Unity Day; cities working together have established the League of Minnesota Cities action agenda for the 1994 session of the legislature; and in the closing days of the 1994 session many of these issues remain unresolved; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA that: 1. The Legislature and Governor restore the shortfall in the Local Government Trust Fund which they created so that there will be no cuts in government aid (LGA) and homestead agricultural aid credit (HACA) in 1994, and provide reliable additional funding for LGA and HACA in future years to preserve the fiscal stability of cities; 2. Preserve and improve the ability of cities to expand their boundaries in order to provide city services to all who need them; 3. Remove the aid penalties in manufacturing and redevelopment districts so that cities will not be penalized for improving their local economies. 4. Increase funding for roads and transit; 5. Establish a new program to clean up landfills and adequately fund pollution clean up grants; and 6. Support the other legislative initiatives of the League of Minnesota Cities. Adopted by the Lino Lakes City Council this llth day of April, 1994. Vernon F. Reinert, Mayor 112 RESOLUTION NO. 94 - 28 Page -2- ATTEST: • 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, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1