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HomeMy WebLinkAbout08/14/1995 Council Minutes1 1 1 COUNCIL MINUTES AUGUST 14, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : August 14, 1995 6:00 P.M. . 9:40 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Consulting Engineer, Steve Heth; Planning Coordinator, Mary Kay Wyland; Assistant to the City Administrator, Dan Tesch; Chief of Police, David Pecchia; 20/20 Vision Coordinator, Kim Sullivan, Parks and Recreation Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM Consideration of Minutes: Regular Council Meeting, July 23, 1995 Approved Closed Council Meeting, May 22, 1995 Approved REGULAR AGENDA DISPOSITION OPEN MIKE Kin Sullivan, 20/20 Coordinator - Ms. Sullivan explained that the 20/20 Vision summary is now available at City Hall. The summaries will be mailed to the public around the first of September with the newsletter. The complete document will be available at cost at the City Hall after the 28th of August. The complete document will be presented PAGE 1 COUNCIL MINUTES AUGUST 14, 1995 to the City Council on that date. Ms. Sullivan explained that the 20/20 Vision group leaders will attend the City Council on that evening to present the final document. Mayor Reinert and the Council thanked Ms. Sullivan for her presentation. CONSIDERATION OF DISBURSEMENTS July 31, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. August 14, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Council Member Neal questioned the amount of money paid to Sweeny Brothers Tractor for parts. Action on this matter was delayed until Mr. Schumacher was available to answer the question. Centennial Fire District - Council Member Elliott moved to approved these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION (NCSCCC) 1996 OPERATIVE BUDGET, DAN TESCH Mr. Tesch explained that each year the proposed budget for the Cable Commission for the following year is brought to the City Council for their consideration. The 1996 proposed budget is $174,491.00 which is an eight (8) percent decrease from 1995. The decrease is a result of some of the decisions made by the NCSCCC such as becoming a non - profit organization that will eventually assume cable access. Mr. Tesch explained that Lino Lakes will be receiving approximately $18,000.00 in franchise fees in 1996. There were no questions from the City Council. Mr. Tesch explained that this item was for informational purposes and did not require City Council action. Consideration of Resolution No. 95 - 101 Authorizing the North Central Suburban Cable Communications Commission (NCSCCC) to Enter Into a Memorandum of Understanding with Meredith Cable - Mr. Tesch explained that this resolution requests the NCSCCC cable commission to prepared the necessary cable franchisee ordinance amendments to cause transfer of community programming from Meredith Cable to the NCSCCC. Terms of the transfer include: 1. $300,000.00 grant to NCSCCC for operating expenses. 2. Assignment of current real- estate and equipment to NCSCCC. 3. A guarantee of 15 years of community programming (past the life of the franchise agreement). PAGE 2 1 1 COUNCIL MINUTES AUGUST 14, 1995 4. On or before January 1, 1996, all subscribers and non - subscribers whose dwelling unit is passed by cable plant, shall receive free Public, Educational and Governmental service. Mr. Tesch explained that approval of the resolution will allow him to vote "yes" on the Memorandum of Understanding. He noted that five (5) cities have already voted in the affirmative on this matter. The Memorandum of Understanding will also allow the Commission to take over public education and government access and establish the NCSCCC as a non -profit group. The feeling is that NCSCCC can operate these cable functions better than Meredith Cable. Any home owner that has cable TV available to their home but do not subscribe to Cable TV, will be contacted and if they wish, they will get free government access channels. Mr. Tesch also explained that although the franchise itself will expire in two (2) years, this Agreement will guarantee community programming for 15 years beyond the life of the franchise agreement. Council Member Elliott moved to approve Resolution No. 95 - 101 as described above. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution NO. 95 - 101 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Minor Subdivision, Centennial School District, Elan Street - Centennial School District No. 12 is in the process of preparing a bond issue for the construction of a new middle school on property owned by the School District north of Elm Street. In planning for the proposed construction, it was determined that additional property should be added to the school district site to facilitate the proposed construction. This additional property consisted of approximately the north half of five (5) residential sites along Elm Street. The site are outlined on a preliminary survey presented by the School District. A minor subdivision is required to facilitate the sale of the properties to the School District. The pieces to be subdivided are as follows: Parcel A consists of the north 145 by 247.39 feet of the Thoeny property at 221 Elm Street. Some outbuildings on this parcel are located approximately 350 feet from Elm Street, therefore, only the north 145 feet is being split from this parcel. Parcel C consists of the north 290.50 feet by 308.56 feet of the Walter property at 231 Elm Street. Parcel E consists of the north 290.50 feet by 216 feet of the Milarn property at 261 Elm Street. PAGE 3 COUNCIL MINUTES AUGUST 14, 1995 Parcel G consists of the north 290.50 feet by 251 feet of the Matushak property at 291 Elm Street. This parcel of property is a separate lot of record and does not need to be subdivided to facilitate the sale. It is being mentioned now for informational purposes only. The School District is working with Mr. and Mrs. Allie at 351 Elm Street to purchase their entire site. If a satisfactory agreement cannot be reached, the School District has indicated they will initiate condemnation proceedings to acquire the site which is critical to their proposed expansion plans. The property to be subdivided is zoned Single Family Residential (R -1) and indicated as single family residential on the 1990 Lino Lakes Land Use Map. The property owned by the School District is zoned Public /Semi - Public (PSP) and adjoins the parcels to be subdivided. At some time in the future, should the bond issue be approved, the School District will be required to rezone the newly acquired parcels and obtain a conditional use permit to allow the construction of the new school. Feasibility studies are currently in process addressing traffic, sewer, water, roadway and assessment issues as they pertain to the School District site. Utilities will be available to service the new school building, however, they may not be available for the properties along Elm Street, These properties do contain adequate space for alternate on -site systems should the existing systems fail. The smallest lot created from this proposed subdivision will be 264 feet deep by 100 feet wide. This is slightly larger than four (4) existing parcels in the immediate vicinity that are 208.56 feet by 100 feet wide. The Planning and Zoning Board reviewed this request on August 9, 1995 and approved the minor subdivision request for parcels A, B, C, D and E with the following conditions: The narrow strip of property to the east on Parcel B should be added to the parcel directly south of it to avoid confusion should the piece be split at a future date. These Tots are currently two (2) separate parcels of record owned by Mr. Thoeny. The Park Dedication fee shall be waived on this minor subdivision. The Planning and Zoning Board and staff feel justified in waiving this requirement as the School District will be providing athletic fields in conjunction with the school constriction. Also, the Park Dedication ordinance does not specifically address PSP zoned property at this time. 3. This subdivision creates lots without public street frontage and as such approval of this minor subdivision should be contingent on Parcels A, C, E, and G being combined with the balance of the School District property. A revised survey should be provided that illustrates the new School District boundaries to be recorded with the County. PAGE 4 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether asked if there is a requirement that when property is subdivided and not hooked to the sewer and water utilities, the remainder of the original parcel be connected to sewer and water if the remainder is less than one (1) acre. Ms. Wyland explain that there is no sewer that runs along Elm Street at this time. Also, there are properties in the immediate area that are smaller than those being created with this subdivision. In addition, the City does not have an ordinance that requires that the remainder of a parcel being subdivided to be one (1) acre or more. Council Member Kuether explained that her concern is that the City would be creating smaller lots that are on well and septic. Ms. Wyland explained that there is adequate property on which to construct a new sewer system or municipal utilities could be extended to serve these properties. Municipal water is currently available on the south side of Elm Street. Sanitary sewer is in the vicinity and would be made available to these properties. Mr. Powell noted that in the past when such subdivisions were approved, the seller has agreed in writing to not petition agains the utility project as it proceeds abutting the property. However, this has not been made a condition of this subdivision. Mayor Reinert noted that when the lots were split along Rice Lake Lane, the balance of these lots was less than one (I) acre. Approval of this subdivision request should be handled in the same manner. Mr. Powell explained that when the Tots were subdivided along Rice Lake Lane making the remaining portion of the lot less than one (I) acre, sewer and water services were not available and the owners were not required to sign an agreement not to petition against the extension of a utility project. He noted that the City already has an ordinance requiring connection to municipal services if the well or septic fails. Council Member Kuether asked how can parcels of one zoning be attached to parcels of another zoning. Ms. Wyland explained that there are other instances in the City where a parcel is zoned something on one (1) side and something else on another side. A condition of this subdivision is that before the school is constructed, all the property is to be rezoned to PSP with a conditional use permit. The purpose of requiring these lots to be combined immediately with the School District property is to avoid creating small lots of record that are landlocked in event that the School District bond issue fails. Ms. Wyland said originally the School District was going to purchase another parcel of land zoned Light Industrial and combine it with their parcel. Staff suggested that the School District purchase the residential land that is being addressed this evening and leave the Light Industrial zoned property for future industrial use. The sale of the property to the School District is not subject to approval of the bond issue but is subject to subdivision approval. After the subdivision is approved, the parcels must be combined with the School District's parcel. Then the entire parcel must be zoned PSP before the site plan can be approved. Council Member Elliott moved to approve the subdivision subject to the conditions outlined by the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 5 COUNCIL MINUTES AUGUST 14, 1995 Animal Ordinance Revision - Ms. Wyland explained that the Planning and Zoning Board had set a tentative neighborhood meeting to review the animal ordinance for August 22, 199.5. This meeting has been postponed until September 5, 1995. A notice will be placed in the legal newspaper on two (2) consecutive weeks. This is not a public hearing, but is a meeting to discuss possible revisions to the present ordinance. The proposed animal ordinance will address all domestic animals. DISBURSEMENTS August 14, 1995 - Earlier in this meeting Council Member Neal had asked about a disbursement to Sweeny Brothers Tractor for $1 1,586.00. Mr. Schumacher explained that this disbursement was for repair on the motor grader and for replacing the blade. He noted that this piece of equipment is old and is used for grading the gravel streets in this City. It is hoped that this piece of equipment will hold up for three (3) or four (4) more years. Leasing another piece of equipment or contracting out the grading was considered. Repairing the motor grader was the best option. This piece of equipment is not used enough to justify the cost of a new motor grader. The motion introduced by Council Member Bergeson and seconded by Council Member Kuether was approved unanimously. CONSIDERATION OF HIRING MR. TODD SCHMATZ AND MR. WILLIAM KOCH AS LINO LAKES POLICE OFFICERS, CHIEF PECCHIA Chief Pecchia explained that the Police Department is preparing to till the existing positions in the Police Department by hiring Todd Schmatz and William Koch. Mr. Schmatz was raised on a farm near Princeton, Minnesota and is very involved in horseback riding. He is also a volunteer horseback riding trainer for youth. Most recently Mr. Schmatz has been employed by the Crystal Police Department as a Community Service Officer. In addition, he was employed by the Anoka County Parks Department as a Park Ranger Supervisor. Mr. Schmatz's educational experience includes a B. A. Degree from St. Cloud State University and graduation from the Skills Course at Alexandra Technical College. Mr. Koch was raised is Spring Lake Park. He was hired as a Reserve Office for the Blaine Police Department and has put in 600 hours of volunteer work from May, 1991 to March, 1992. In March of 1993, Mr. Koch was hired as a Community Service Representative for the Blaine Police Department and through this position became a supervisor for the Explorer Program. From July, 1993 to October, 1993, Mr. Koch completed an internship at the Spring Lake Park Police Department. He has most recently worked at the Anoka County Sheriffs office as a Court Officer and also part-time as a Sheriff's Deputy for the Pine County Sheriffs office. His educational experience includes a A.A. S. Degree from North Hennepin Community College and graduation from the Skills Course through the Minneapolis Community College. PAGE 6 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Chief Pecchia explained that Mr. Schmatz will be hired about August 21, 1995 and Mr. Koch will be hired about September 5, 1995. He asked the City Council to confirm the hiring of Todd Schmatz and William Koch. Council Member Neal moved to confirm the hiring of Todd Schmatz and William Koch. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 09 - 95, FIREARMS, CHIEF PECCHIA As a result of several meetings conducted with members of the community, several changes are proposed for the Firearms Ordinance. The changes were prompted by various hunting issues that arose in the community. The proposed draft ordinance would update the current ordinance utilizing pubic safety as the foundation for the proposed changes. As of August 1 1 th the 1995 hunting dates are as follows: Deer Hunting (bow and arrow only) September 16 through December 31st Grouse September 16 through December 31st Pheasant October 14 through December 17th Partridge September 16 through December 31st Rabbits /Squirrels September 16 through February 29th Duck Anticipated to start September 30th Metro Goose Hunt September 2 for 10 days The Anoka County Board of Commissioners has set September 16th through December 31st for deer bow hunting in the Rice Creek Chain of Lakes Park. There is a $5.00 fee for hunting in this area. Hunting regulations in the Park include hunters must be at least 500 feet from private property and 300 feet from trails and roads in the Park. A map was included in the Council packets showing the boundaries of 500 feet and 750 foot radius around both the Rice Lake Elementary School and Lino Elementary School. The changes in the ordinance include: 504.01 (4) Non - firearm - Bow and arrow was removed from this section. (6) Bow and Arrow - Provided a definition for bow and arrow. (7) - Written Consent - Further defines written consent. - 504.02 (3) This sentence was extended to include, "unless otherwise provided by this section or County Ordinance. (5) Changed shotgun hunting to 750 feet and added school district property and added a sentence stating, "In no event shall said person discharge a shotgun PAGE 7 COUNCIL MINUTES AUGUST 14, 1995 where the projectile or pellets leave the premises upon which said person is authorized to hunt onto some other premises." (6) Relates to bow hunting regulations. Chief Pecchia explained that the added changes will assist the Police Department in the proper enforcement of the ordinance. The ordinances deals with such public safety issues as the "car hit deer" issue, the safety of the community and the perception of fear when they see a hunter within eye sight. By allowing hunting in portions of the City, it is hoped that the deer herd will be reduced. It was noted that the ordinance would become effective October 5, 1995. Council Member Bergeson asked if there would be some confusion by allowing the ordinance to become effective in the middle of a hunting season. Chief Pecchia explained that the Police Department's plan is to educate the hunter about the new ordinance and only take enforcement action in the event that there is a repeat offender. At the same time the Police Department is planning a study on the number of hunting ordinance violations and the type of violations. A report will be made to the City Council so that the ordinance can be reviewed prior to the 1996 hunting season. Mayor Reinert explained that these types of changes are difficult and asked that the Police Officers be patient and take the roll of educator at this point. This ordinance tries to reach the satisfaction level of both hunters and non- hunters. The City Council will review the ordinance following the current hunting season to address any issues that have not been resolved. Mayor Reinert thanked Chief Pecchia for taking the leadership in this matter and all of the citizens who were involved. He asked for patience and support and give the ordinance a chance to work. Mrs. Scharpen, a resident, asked that the maps be printed in the Quad Paper. Council Member Bergeson noted that originally the proposed ordinance contained mention of several areas of the City that were to be added to the no- hunting zone. This portion of the proposed ordinance was deleted. He explained, at some time in the future the City Council will find it necessary to add some areas to the no- hunting zone. He felt that a formula should be developed to implement this process. No- hunting areas should not be determined based solely on the opinion of persons who live in the area. One such criteria could be housing density. A fair way to identify no- hunting areas must be identified which are not related to the people in the areas. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 09 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 8 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 PUBLIC HEARING, TRAPPER'S CROSSING IMPROVEMENT PROJECT Mayor Reinert opened the public hearing at 7:15 P.M. Mr. Steve Heth used the overhead projector for his presentation. Mr. Heth explained that the City Council received the feasibility report for this improvement project at the June 26, 1995 Council meeting. The project is located adjacent to Holly Drive and 12th Avenue between Birch Street and County Road J (Ash Street). The project includes 71 acres and will be developed in phases. The first phase contains 28 residential lots. The second, third and fourth phases will contain 87 additional lots. The property owner (Hokanson Development) has petitioned for the improvements to be installed by the City. The improvements consist of sanitary sewer, municipal water, storm sewer, streets, curbs and gutters. There is an existing trunk sanitary sewer located south of Birch Street. This trunk sewer serves the Brandywood and Pheasant Hill Preserve subdivisions. The sewer truck for Trapper's Crossing would connect to this existing sewer trunk. The municipal trunk watermain in Brandywood Estates was stubbed out to 12th Avenue. A 16 inch watermain would be extended to Trapper's Crossing and six (6) inch service would be extended into the development. The storm sewer plan for this project includes several ponds. Drainage from the ponds will eventually exit to County Ditch #25. The storm sewer would be designed to handle a "five (5) year storm event ". Streets within the plat will meet the typical Lino Lakes section which was modified in 1994 to include 24" borrow and draintile. There are no unusual maintenance requirements for the plat. The estimated project cost is $953,780.00 not including engineering or administration costs. A Rice Creek Watershed District permit for tilling and mitigating wetlands, a Minnesota Pollution Control Agency permit for extension of sanitary sewer line and a Minnesota Department of Health permit for watermain extension will be required. The developer will pay for extending the sanitary sewer to the plat and a credit will be given for oversizing the pipe. The watermain to be extended south on 12th Avenue will be paid out of the Trunk Area and Unit Fund. About $250,000.00 will be assessed against Trapper's Crossing for future improvements to 12th Avenue and Holly Drive. Surface water management planning in the subdivision will cost approximately $31,000,00. Mr. Heth explained that sewer and water service stubs will be extend to existing lots adjacent to 12th Avenue and Holly Drive. Area and Unit Charges for the subdivision were described. Sewer and watermain service can be extended to the plat consistent with the City's Comprehensive Plan. Streets meeting City Code minimum requirements will be adequate. No additional easements will be required. Estimated assessments including area and unit charges, MSA and surface water management charges total $1,466,654.00. Mr. Heth explained that the project is feasible. He added that the feasibility report should be PAGE 9 COUNCIL MINUTES AUGUST 14, 1995 carefully reviewed by financial and legal advisors. If the project is ordered, it should be constructed as outlined in the feasibility report. Council Neal asked who would pay for reconstruction of 12th Avenue and Holly Drive. Mr. Heth explained that road costs in the feasibility report will only bring the roadway to the current condition. There will be no widening of the street. It will look the same as it does now. Council Member Neal said he had not seen a drainage plan with the retention ponds. Mr. Heth explained that drainage and ponding was considered when the preliminary plat was approved. The ponds are part of the grading plan. Mr. Heth used the overhead projector to show where the retention ponds are to be located. Mr. Powell also explained where a swale and other ponding is to be constructed. Council Member Elliott explained how her street was documented to show the condition of the roadway prior to any construction so that it would be reconstructed to current standards. Mr. Heth noted that 12th Avenue and Holly Drive would be documented in this same manner. Mayor Reinert referred to a previous conversation regarding widening of the roadway. Mr. Powell explained although the costs included in the feasibility report addresses returning the roadway to the current standard, these dollars would be used to reconstruct the street to MSA standards. A feasibility study is currently in process to address making 12th Avenue and Holly Drive a state aid roadway. Chris Lyden, 6275 Holly Drive said that there is a traffic study on the roadway and asked how the costs of upgrading the roadway would be divided. He asked how much would the developer pay. Mr. Powell explained that the cost for the roadway improvement will be considered along with the feasibility study. At this point those costs are not known. Mr. Lyden said although the costs are not known, there must be a formula for determining what costs the developer will be required to pay. Mr. Powell said that there was a traffic study prepared some time ago which indicated what type of roadway would be required for the additional traffic generated by the subdivision. However, costs or how the costs would be shared has not been finalized. Mr. Lyden said that he believed that 60% of the cost would be the responsibility of the developer. Sue Walseth, 1101 Holly Drive said that since the development has started she has been living on an island. She did not realize how much dirt would be would be cut away from her property. A 15 foot vertical drop -off was created on the north side of her fence. Since Friday, it has been filled in slightly. On the east side of her property, a ditch ranging from seven (7) or eight (8) feet to three (3) feet has been created. The banks are not sloped but are a steep drop -off. After the rain there have been washouts and the fence had to be moved closer to the barn . She asked that a retaining wall be placed in this area so that the animals could use this area to get into the barn. Since there is no incline along her property, she felt that her land was going to wash away. Ms. Walseth said that she did not know that there would be a swale along her property. She said she felt that people purchasing these lots would not have much of a lot. Ms. Walseth also noted that according to the plans, her property was to be at the same height as the new road. At this time her property is much lower than the road. She noted that the contour of the entire PAGE 10 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 area has changed and there has been a lot of erosion. There is no silt fence and with the recent rain storms, silt has been accumulating in her ditch and in her culvert. She said there was silt fencing placed in other areas, but the rains have caused them to fall down. Ms. Walseth suggested that there be two (2) or three (3) silt fences in this area. Also there was a silt fence at the bottom of the hill, however, the rain has washed the silt fence away. Silt is going into the wetlands and eventually to County Ditch 23. Ms. Walseth referred to a fence issue. It appears that her pasture fence is nine (9) feet off of her property. She talked to Kirk Corson (the developers representative) on Wednesday, August 9, 1995 and he has suggested that there be no letter writing. He invited Ms. Walseth and several other people for lunch to seriously discuss the development. Two (2) days following this discussion, Ms. Walseth received a letter in the mail threatening a lawsuit for trespassing in regard to the fence line. She said she would like to take the issue of the fence line to court, however it would cost at least $3,000.00 and she did not have the money. She will now have to give nine (9) feet of her property to the developer. Ms. Walseth said she did not appreciate friendly talk and then threatening a lawsuit two (2) days later. Ms. Walseth read from the minutes of the August 22, 1994 Council meeting quoting Mr. Brixius and Council Member Elliott; "As part of the PDO an appropriate solution to the existing property owners animals, is that the purchasing parties of Hokanson's Development be made aware of the hobby farm next door and its continuing use as such ". She asked that this statement be included in the development contract because she has no control if her peacocks or other animals make noise. She did not want the new neighbors petitioning against her hobby farm use. Ms. Walseth thanked Council Member Neal for corning and viewing her situation. Mayor Reinert asked if the grading is completed for this development. Mr. Corson said no it is not and some of the grading has washed out. Mr. Corson said he doubted that there was a 15 foot vertical drop at the back of Ms. Walseth's property. There was a big washout over the weekend. The swale will be regraded and silt fencing will be replace. Mr. Corson also noted that often when grading, poor soils will be removed and appropriate soils will be brought back in. There will be several sites where good soil with good compaction characteristics will be brought in for house pads. When the grading is finished, there will be a three (3) to one (1) slope in the area back of Ms. Walseth's property. Mr. Corson explained that the silt fence was washed out in several places. The silt fencing was replaced today. The grading contractor said that silt fencing would be placed along Holly Drive to prevent silting in the ditch and culvert. He said that he visited the site this afternoon and where there was runoff, backhoes were bringing the silt material back on site. If there is any fill dirt in the ditch along Holly Drive, the dirt will be removed. The PAGE 11 COUNCIL MINUTES AUGUST 14, 1995 grading contractor has been very responsive and Mr. Corson was sure that these items will be addressed. Mr. Corson referred to the letter written by the attorney for Hokansons Development and explained that although there has been an exchange of concerns, the development must move ahead because there is a lot of equipment on the site costing Hokanson thousands of dollars each day. The fence had to be moved expediently. Since there was no conclusion after he and Ms. Walseth talked, he was not surprised that the letter had been sent by the attorney. Mr. Corson also said that Mr. Hokanson would be participating in mediating on this matter. He said that Mr. Hokanson is willing to work out a solution, however, the solution may not be exactly what Ms. Walseth wants or what Mr. Hokanson wants. Mayor Reinert noted the purpose for silt fencing and also noted the unusually heavy rains this summer. He asked if additional support could be placed on the fencing in this area to control runoff Mr. Corson said that the area where the fencing washed out will be double fenced. Within several days, the grading should be completed and the swale in place. This area will collect sediment. The area will be double fenced until the swale is complete. He also noted that there will be a gradual grade from the Walseth property. Mr. Corson explained that the fence was not properly located on the Walseth property prior to the Walseth's purchasing the property. This led the Walseths to believe that they had more land than they actually had. Mayor Reinert explained that this is a civil matter and the City cannot be responsible for the fence. Council Member Elliott said she felt the silt fence should have been 100 percent in place before any dirt was moved. She also said that this fence should be maintained daily. Council Member Elliott also noted that when the project is completed the fence should be removed. Mr. Powell explained that silt fence is left up until the vegetation is strong enough to keep the soil from eroding. Council Member Elliott asked about the Trapper's Crossing, Landscaping Agreement that was included in the Council packets. Mr. Corson explained that this agreement was arrived at during a meeting at the Walseth home. He explained that Hokanson Development is willing to comply with the agreement. However another version of the agreement prepared by Ms. Walseth is not what was agreed upon. The version in the Council packet is not what was agreed on and that is why mediation is needed. Caroline Dahl, 1101 Holly Court substantiated what Ms. Walseth said. She has taken pictures of the soil erosion to document what is happening. Ms. Dahl explained that the ditch is overflowing and is filled with dirt. There was no silt fencing in this area. She was under the impression that silt fencing had to be in place before any grading was done. Ms. Dahl also noted that there was no silt fencing in the area of the 15 foot drop -off which washed away. She said that the excavating company was working in the rain so they cannot say that they did not know the rain was corning. Ms. Dahl felt that the area where the horses are is dangerous and could wash away. PAGE 12 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Mr. Corson said that this area will be completed this week and there will be no drop -off. He also noted that he was at the site today and the ditch is still full of water. He did not notice if the culvert was plugged. If it is plugged, it will be unplugged. Mr. Powell clarified that there is a 15 foot drop where the pond is north of the property. The slope will be graded in. Al DeMotts, 6265 Holly Drive asked about the figure of $2.50,000.00 for reconstruction of Holly Drive. Is this just for the 28 lots of the first phase or is it for all 115 lots. Mr. Heth explained that this is for the entire-development. Mr. Powell explained that there will be a }public hearing on the upgrading of 12th Avenue and Holly Drive and these issued can be discussed in detail. Council Member Elliott moved to close the public hearing at 7:50 P.M. Council Member Neal seconded the motion. Motion carried unanimously. The public hearing is for information and no Council action is required at this time. PUBLIC HEARING, CLEARWATER CREEK IMPROVEMENT PROJECT JOHN POWELL Mayor Reinert opened the public hearing at 7:50 P.M. Mr. Powell used the overhead projector and showed the location of this project. He explained that the Clearwater Creek feasibility study was submitted to the City Council previously. Mr. Powell said that he would provide details of the subdivision as well as an overview of the area. The subdivision is located generally southeast of the intersection of I35E and County Road 14 (Main Street). The utilities that are being installed to initially serve this subdivision will also serve the commercial and industrial development in the area on both the east and west side of I35E. The commercial development under consideration by Mr. Wessel, Community Development Director, is consistent with some of the results of the 20/20 Vision effort which is to develop a broader tax base. The Clearwater Creek subdivision provides the necessary utility service for development in the area. The changes from the original preliminary plat include phasing the development. The first phase will be constructed this fall. A cul -de -sac that was proposed through the wetlands has been eliminated because it became impractical to construct. The ponding areas were outlined by Mr. Powell. He also noted the location of the sanitary sewer lift station. The lift station will be constructed to serve the entire area and will connect to the existing force main near Cedar Street. Well No. 4 will be located at the corner of Cedar Street and Clearwater Creek Drive. The culvert that will convey the Clearwater Creek flow through the area was noted. The improvements that will be constructed are consistent with City standards and with the Comprehensive Plan. Mr. PAGE 13 COUNCIL MINUTES AUGUST 14, 1995 Powell outlined the construction costs for sanitary sewer, municipal watermain, storm sewer and streets. The total cost of the improvements including engineering, legal expenses and administrative cost is approximately $1,866,000.00. The developer has indicated that he will be financing the first phase improvements himself. The subdivision will be assessed for area and unit charges, and surface water management charges. The area and unit charges collected from this subdivision will finance Well No. 4 and for the capacity required in the new sanitary lift station for the subdivision. The developer has indicated that he wishes to proceed with the development and construct the first phase and construct model homes. Later this evening, the City Council will be asked to order the plans and specifications for the first phase. The plans and specifications should be ready for Council approval on August 28, 1995. Since the first phase will be developer financed, the City will not ask for public bids. The project will be bid directly by the developer using the plans and specifications prepared by the City Engineer. The improvements will be completed late this fall in the first subdivision. At this time, the subdivision is being graded. After the last rain storm some silt fencing was destroyed. The developer is required to replace the silt fence. Some of the silt fencing was in an area used for site access. In this area, a rock entrance is required to reduce the erosion. One condition of approval of the preliminary plat was that the developer was responsible for working with the Rice Creek Watershed District (RCWD) to maintain flow through a particular culvert under Cedar Street.. The status of this culvert is uncertain and Mr. Powell will contact the RCWD to determine if this requirement has been met. Mr. Powell explained that the Clearwater Creek project is a feasible project from an engineering standpoint and as a City project. Karen Cunningham, 2310 Cedar Street explained that her husband called Mr. Powell this morning to let him know that not only did some of the silt fencing fall down, there is no fencing in some areas where silt fencing was supposed to be installed. She said that although she has previously expressed concern about the condition of the ditch, the ditch is now completely brown because all of the erosion is going into the ditch and then it will flow directly through her property. The ditch needs repair now. If it is not repaired, the flow through the ditch will be impeded, the water level in the ditch will become elevated and her horse pasture will flood. Ms. Cunningham explained that they have talked to the RCWD about this concern and they were going to check a particular survey. However, she has not heard anything from them. She noted that Mr. Powell is going to check into the culvert situation. Mr. Powell noted the call from Mr. Cunningham. He said that he did not know why silt fencing was only placed around the wetlands and near the road. Mr. Powell said that he would direct the inspector on the site to actively enforce the silt fence requirement. PAGE 14 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Ms. Cunningham explained that banks of dirt about 10 to 15 feet high have been pushed up along the ditch. She asked if these banks eroded into the ditch, would the developer be required to dig it out? Mr. Powell explained that the developer has been excavating ponds and respreading some of the topsoil. The developer will be responsible for cleaning out the ditch. Mr. Powell said that the City will make sure that the grading is done according to the plans and that the contours are correct. The City has not received verification from the developer's surveyor that grades are according to the approved plan. When this information is received, the City does another thorough inspection of the site. Mr. Powell will be talking to the contractor and the RCWD. Anything that has been a contribution from their lack of erosion control will be their responsibility to correct. Ms. Cunningham asked what will happen if the silt has filtered further down stream. Mr. Powell said that he will make the RCWD aware of the concern and to be sure that they have their enforcement support in place. Mayor Reinert asked Mr. Powell to prepare a report for the next Council work session regarding soil erosion concerns for both Clearwater Creek and Trapper's Crossing. Council Member Elliott moved to close the public hearing at 8:05 P.M. Council Member Neal seconded the motion. Motion carried unanimously. The City Council did not take any action on this matter. CONSIDERATION OF RESOLUTION NO. 95 - 90 ACCEPTING DONATION FROM THE CENTENNIAL YOUTH HOCKEY ASSOCIATION, MARTY ASLESON Mr. Asleson explained that the 1995 goal of the Park and Recreation Board was to establish a new hockey rink at the City Hall park site. The project was approved by the City Council as part of their goals for 1995. Funds were solicited to help pay for the project. The Centennial Youth Hockey Association was made aware of this goal and has contributed $1,500.00 to help pay a portion of the hockey rink. Mr. Asleson recommended that the City Council adopt Resolution No. 95 - 90 Accepting the Donation from the Centennial Youth Hockey Association for Use in Constructing a Hockey Rink in the City Hall Park and to express gratitude for the donation. Council Member Elliott moved to accept Mr. Asleson's recommendation. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 90 can be found at the end of these minutes. PAGE 15 COUNCIL MINUTES AUGUST 14, 1995 OLD BUSINESS Consideration of Letter Regarding Brandywood Park - Mr. Asleson reminded the City Council of a recent Council meeting where some residents of Brandywood Estates expressed disagreement with some portion of the park development in that subdivision. Since that time, Mr. Asleson has met with the neighborhood and determined exactly what they wanted in their park. The neighborhood has sent a letter to the City Council expressing their appreciation to Mr. Alseson and the Park Board for their help in reaching an amicable conclusion to their concerns. Mr. Asleson read the letter to the City Council. Mr. Asleson also noted that some park equipment was installed in the Wenzel Farms subdivision park over the week end. The residents were involved in erecting the equipment. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 87 Accepting Bids for the Lake Drive (CSAH No. 23 /Hodgson Road (T.H. 49) Improvement - Mr. Heth explained that the City Council adopted Resolution No. 95 - 67 authorizing advertisement for bids for the T.H. 49, CSAH 23, CSAH 10 Intersection improvements. Bids were received on July 12, 1995, were tallied and the low bid was for $1,295,564.52 from Forest Lake Contracting. Awarding of the bid was delayed because the cultural investigation by the State Historical Preservation Office was not completed. Staff has now been informed that the cultural investigation has been completed. Mr. Heth recommended that the City Council award the bid as outlined in Resolution No. 95 - 87. Council Member Bergeson asked how the cultural investigation costs will be split between all the agencies involved in this improvement project. Mr. Powell explained that an agreement with Anoka County has been completed and they will pay a significant portion of the cost. The City will be given credit for work that City crews did to prepare the site for the cultural investigation. Council Member Bergeson asked how much of the total cost of the project will Lino Lakes have to pay. Mr. Heth said close to $600,000.00. Final figures will be prepared and presented at the next Council meeting. Council Member Kuether asked how close the low bid was to the engineer's estimate. Mr. Heth explained that the engineer's estimate was $1,399,000.00. Council Member Neal asked if Circle Pines will be responsible for any of the project costs. Mr. Heth said that they will be responsible for approximately 1% of the costs. Mr. Powell explained that there is a signal agreement which is not the same split as the project itself. This does complicate preparation of the cost breakdown. He also explained that the State is paying a significant amount of the cultural investigation costs. PAGE 16 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Council Member Elliott moved to approve Resolution No. 95 - 87 awarding the bid to Forest Lake Contracting for $1,295,564.52. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Powell noted that the reconstruction meeting was held this morning. Site preparation will start this week. Resolution No. 95 - 87 can be found at the end of these minutes. Consideration of a Petition for Sewer and Water Service to the Gladstone Drive /Lakeview Drive Area - Mr. Powell explained that several property owners in the Gladstone Drive/Lakeview Drive area have submitted a petition to the City requesting sewer and water service. The utilities do exist in the vicinity of the petition so service to this area could likely be provided. However, prior to actually preparing a feasibility study, a neighborhood meeting could be held to discuss the possible improvements. The neighborhood meeting would have a two -fold purpose. It would determine if there are other interested residents in the area who could be served; it would also give the petitioning residents a rough estimate of the costs involved whereby they could decide whether they want to continue pursuing utility service. Neighborhood meetings have been held in the past for short utility extensions and have been found to be very useful. Council Member Kuether moved to refer the petition to the Acting City Engineer directing him to hold a neighborhood meeting with the residents in the area to discuss the improvement possibilities and estimated assessments. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of a Petition for Sewer Service to Lake Drive Residents Near Marshan Lake Condominiums - The property owner at 7074 Lake Drive most recently contacted the City regarding utility service. At the time the cost to extend sewer and the assessments to be generated were evaluated and the property owner was told of the potential condominium development. The property owner did not pursue a formal petition for utility service as their property could be served from the utilities extended to serve the condominium development much less expensively. The condominium project is proceeding and the property owners at 7074 and 7080 Lake Drive have now formally petitioned for sewer service. As part of the feasibility study for the Marshan Condominium project, OSM has been assigned the task of evaluating utility service for the area east of Lake Drive near these properties. The utility service and potential assessments for the petitioning properties could be reviewed along with the Marshan Condominiums without much additional effort. Council Member Kuether moved to refer the petition to OSM to evaluate providing utility service to these properties along with the Marshan Condominium project. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 17 COUNCIL MINUTES AUGUST 14, 1995 Consideration of Resolution No. 95 - 91 Ordering Preparation of Plans and Specifications for the Fourth Avenue Trunk Utility Improvements - Mr. Powell explained that this improvement involves the extension of tnink sanitary sewer and watermain along Fourth Avenue and Lilac Street to serve the proposed Behm's Century Farm subdivision. The feasibility report for these improvements was submitted to the City Council on June 12, 1995 and a public hearing to discuss the proposed improvements was held on July 24, 1995 at which time public comment was received. According to the schedule presented at the public hearing, the project will be bid in order for construction to begin this fall. Council Member Neal moved to approve Resolution No. 95 - 91 Ordering Preparation of Plans and Specifications for the Fourth Avenue Tnink Utility Improvements. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 91 can be found at the end of these minutes. Consideration of Resolution No. 95 - 92 Ordering Preparation of Plans and Specifications for the Clearwater Creek Utility and Street Improvements - Mr. Powell explained that this project involves the installation of sanitary sewer, watermain, storm sewer, and street improvements to serve the Clearwater Creek subdivision located southeast of the Cedar Street /Otter Lake Road intersection in Lino Lakes. The feasibility report for these improvements was prepared and a public hearing on the proposed improvements will be held at the City Council meeting on Monday evening, August 14, 1995. Preparation of plans and specifications will not begin until the City receives adequate financial security from the developer. According to the proposed schedule, the construction of these improvements will begin this fall. Mr. Powell noted that the contractor will secure a contractor independently. To be sure that the improvement will be completed, the City will get financial guarantees and a development agreement. Mr. Powell recommended that the City Council approve Resolution No. 95 - 92 Ordering Preparation of Plans and Specifications for the Clearwater Creek Utility and Street Improvements. Council Member Kuether moved to approve the Acting City Engineer's recommendation. Council Member Bergeson seconded the motion. Motion approved unanimously. Resolution No. 95 - 92 can be found at the end of these minutes. Consideration of Resolution No. 95 - 102 Authorizing Preparation of a Community Water Supply Plan - Mr. Powell explained that in the 1993 legislative session, the Minnesota State Legislature passed Chapter 186 of the State Law which requires municipal water suppliers within the State to prepare Community Water Supply Plans. The content guidelines for these plans were developed jointly by the Department of Natural Resources, Division of Waters and the Metropolitan Council. The major parts of this plan are as follows: PAGE 18 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 I. Water Supply System Description and Evaluation II. Emergency Planning III. Water Conservation Plans IV. Items for Metropolitan Area Public Suppliers The details of these parts were reviewed at the Council work session on August 9, 1995. The city is required to submit the Water Supply Plan as an amendment to the local comprehensive plan to the Metropolitan Council and to the Department of Natural Resources by January 1, 1996. The preparation of the City's Water Supply Plan will required assistance and coordination between the Public Works and Finance Departments and policy guidance from the City Council. City staff will be utilized to the maximum extent possible depending on their availability in order to reduce the overall cost of preparing the plan. Failure to prepare and submit the plan to appropriate agencies may jeopardize future approvals of permits and comprehensive plan amendments by the Minnesota Department of Health, the Minnesota Department of Natural Resources, and the Metropolitan Council. Mr. Powell noted that he did review the work scope prepared by Curt Johnson and assuming that the City staff will be available for work as outlined, the cost should be approximately $8,000.00. He recommended that the City Council adopt Resolution No. 95 - 102 Authorizing Preparation of a Community Water Supply Plan. Mayor Reinert noted that this is another example of another mandate passed onto local governments by the State without a funding source. Mr. Schumacher asked Mr. Powell to prepare a work scope that will show the staff responsibilities and the engineer's responsibilities. He also asked for a time schedule for this project. Council Member Kuether moved to adopt Resolution No. 95 - 102. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to direct Mr. Schumacher to write a letter to the Lino Lakes representatives in the Legislature expressing our displeasure with unfunded mandates. Council Member Kuether seconded the motion. Motion carried unanimously. Anoka County Conservation District Cost Sharing Program for Sealing Wells - Mr. Powell explained that the Anoka County Conservation District has funds available from the Minnesota Board of Water and Soil Resources to assist Anoka County residents with PAGE 19 COUNCIL MINUTES AUGUST 14, 1995 the cost of sealing unused wells. This program will reimburse the property owner 50% of the direct cost to seal a well with a maximum reimbursement of $2,000.00 per well. There is no reimbursement limit per property or owner, only per well. This item is for informational purposes only and no Council action is required. 1995 FINANCE ADJUSTMENTS, RANDY SCHUMACHER Mr. Schumacher explained that in the past, the City Council has approved fund transfers, fiend closures and all other audit adjustments once at the end of the year. He recommended that the adjustments be approved by the Council on a more timely basis. Mr. Schumacher explained that all of the following are "house keeping" resolutions. Consideration of Resolution No. 95 - 95 Authorizing the Transfer of Funds from Tax Increment Financing District 1 -1 and 1 -2 to the General Fund - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 95 can be found at the end of these minutes. Consideration of Resolution No. 95 - 96 Authorizing the Closure and Transfer of Funds from the 1989B Certificates of Indebtedness to the Closed Bond Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 96 can be found at the end of these minutes. Consideration of Resolution No. 95 - 97 Authorizing the Closure and Transfer of Funds from the 1988A General Obligation Improvement Bonds to the Closed Bond Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 97 can be found at the end of these minutes. Consideration of Resolution No. 95 - 98 Authorizing the Transfer of Funds from the Closed Bond Fund to the Escrow Fund - Council Member Bergeson moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 98 can be found at the end of these minutes. Consideration of Resolution No. 95 - 99 Authorizing the Transfer of Funds to the Escrow Fund from the General Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 20 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Resolution No. 95 - 99 can be found at the end of these minutes. Consideration of Resolution No. 95 - 100 Authorizing the Transfer of Funds to the Escrow Fund from the Woods of Baldwin Lake, Second Addition Construction Fund - Council Member Bergeson moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 100 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 93 DESIGNATING EMPLOYEE PRETAX FORFEITS, RANDY SCHUMACHER Mr. Schumacher explained that the City of Lino Lakes has available medical and day care pretax spending accounts for eligible employees who wish to participate. Federal law states that any funds remaining in an employees account after the payment of all eligible expenses incurred during the plan year will be forfeited. The plan also states that the forfeitures will be used in the manner determined by the City Council. Mr. Schumacher explained that the Finance Department is recommending that a fund be established to accumulate all employee pretax forfeitures and designate the money for employee related activities. These dollars will then be returned indirectly back to the employees. The fund would accumulate about $200.00 to $300.00 per year. The City Council would be required to take action to spend any of the dollars in the fund. Council Member Elliott moved to adopt Resolution No. 95 - 93 setting up an account that will accumulate all employee pretax forfeitures and designate the money towards employee related activities such as the annual picnic and the Christmas party or any other employee related activity that may need help with financing. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 93 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 94 AMENDING THE 1995 GENERAL FUND BUDGET, RANDY SCHUMACHER Mr. Schumacher explained stag is recommending that the 1995 General Fund Budget be amended to reflect the salary adjustments and benefits increases approved by the settlement of the International Union of Operating Engineers union contract. In addition staff is recommending that the Budget be amended to reflect the 1995 salary adjustments that were authorized by City Council in December, 1994. The money for these salary adjustments is included in the 1995 General Fund Budget in the Salary Reserve Account. Staff is requesting authorization to transfer these fiords from the Salary Reserve Account to the proper department account. PAGE 21 COUNCIL MINUTES AUGUST 14, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 94 Amending the 1995 General Fund Budget as recommended. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 94 can be found at the end of these minutes. CONSIDERATION OF AN APPLICATION FOR OFF -SALE LIQUOR LICENSE, BARBARA ANN HAUER, MARILYN ANDERSON. Mrs. Anderson explained that an off -sale liquor establishment has been in existence at the Tom Thumb Store site for several years. The former license holder did not renew his off - sale liquor license this year, thus leaving the opportunity for someone else to apply for the license. An application for an off -sale liquor license has been received from Ms. Hauer. The application is complete, a copy of the signed lease with the Tom Thumb Food Markets is on tile in the Clerk's office, the investigation fee and the license fees have been paid. The Police Department has completed a background investigation of Ms. Hauer and her Lino Lakes manager, Richard S. Hauer. The investigation was routine and the Police Department noted that the license can be issued to Ms. Hauer on the basis of their investigation. A certificate of insurance is also on file in the Clerk's office. Council Member Neal moved to approve the off -sale liquor license as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal introduced Ms. Hauer to the City Council. CITY ATTORNEY'S REPORT, BILL FIAWKINS Consideration of Citizen Petitions and Request to Prepare Ordinances for Two (2) Proposed Initiative Issues - Mr. Hawkins explained that two (2) citizen petitions as allowed by the City Charter, have been submitted to the City Council for consideration. The City Council has discussed these petitions with the sponsors at several Council work sessions. The citizens are presenting the petitions at this time to allow the City Council to adopt the provisions contained in the petitions by ordinance. If the City Council decides not to adopt the provisions contained in the petitions, the citizens plan to obtain the required number of signatures on the petitions so that the provisions contained in the petitions can be placed on the election ballot so that the citizens can vote on there at the November 7, 1995 election. Mr. Hawkins explained that the City Council is requested to decide this evening if the provisions in the petitions should be enacted by ordinance or if the provisions in the petitions should be placed on the November 7, 1995 election ballot. PAGE 22 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Council Member Bergeson noted that the Conflict of Interest petition contains a caption stating that if this measure is approved by ordinance, the ordinance cannot be repealed except by the majority of the vote by the registered voters. Mr. Hawkins explained that this language is not included the proposed ordinance. The City Council could repeal the ordinance in the same manner as they would repeal any other ordinance. Council Member Kuether said that at one of the Council work sessions, it was noted that whether the measure was approved by an election or by a City ordinance, it could only be repealed by a vote of the registered voters. Mr. Landers, 7181 Sunrise Drive, a member of the committee sponsoring the petitions explained that if the measure is adopted by the voters, it can only be repealed by the voters. Proposed Notification Requirements Petition - The citizens petition to require that notices of a change in property status be mailed to all property owners within 600 feet of the property requesting a change in status was discussed. Also discussed was the proposed provision that would require that all notices be sent by certified mail. Ms. Wyland prepared three (3) examples of the cost break down. She noted that it would be extremely costly to mail notices by certified mail. Ms. Wyland also noted that it would take a considerable amount of staff time to prepare the necessary mailing documents required to send the notices by certified mail. Mayor Reinert noted that at the work session, he asked why the citizens decided everyone within 600 feet should be notified of the change of status of a property. He asked why is 600 feet the magic number? What is the rationale? Mr. Landers said he was not sure why 600 feet was selected, however he felt that 350 feet was not adequate especially around a lake. If a piece of lake front property was requesting a change of status, all landowners around the lake should be notified. Mayor Reinert asked Mr. Landers if he preferred a provision requiring the notification by certified mail to persons within 350 feet of the property requesting a status change or if he preferred that all landowners within 600 feet be notified by regular mail. Mr. Landers said he preferred that all persons within 350 feet of the property requesting a status change be notified by certified mail. However, he did not feel that the other petitioners would agree. Mayor Reinert asked that an ordinance be prepared indicating a compromise and then review the ordinance after one year. Mr. Landers said he was concerned that after a year or two, staff would "fall back" to preparing notices in the current manner. Mr. Schumacher explained that when notices are mail, an affidavit of mailing is prepared. He suggested that the mailing be prepared by normal mail services and a copy of the affidavit and the names and addresses of each person who was being notified be included in the mailing. Mayor Reinert presented the following compromise: all person within 600 feet of the property requesting a change in status be notified by normal mail and an affidavit of mailing which includes the names and addresses of persons being notified be included with each letter. PAGE 23 COUNCIL MINUTES AUGUST 14, 1995 Mayor Reinert suggested that the proposed Conflict of Interest ordinance be adopted as presented and that in the interest of saving staff time and tax dollars, a Notification ordinance be drafted that would require that all property owners within 600 feet of a property requesting a status change be notified by normal mail and the notification will include an affidavit of mailing including the names and addresses of the persons who were mailed the notification. Mr. Landers went out to the hall to confer with other petitioners. Consideration of Letter from Attorney Regarding the Construction of a Townhouse Unit in Wenzel Farms - Mr. Hawkins explained that a townhouse under construction was located only 11 feet from the street right -of -way. The builder did apply for a variance but later sent a letter to the City revoking the variance request and stating that they did have a right to complete the townhouse in the place where it was started. The letter cited other court cases to support the claim. Mr. Hawkins noted that the preliminary plat indicates that the location of all the buildings for this subdivision and indicates that this unit is located the required distance from the right -of -way. The building permit was issued and the building placement error was found when the footing were prepared. Mr. Hawkins said it is his opinion that the error was committed by the builder, Gold Star Builders. All setback requirements have to be met. Mr. Hawkins said based on his review of the matter, the building must be moved to comply with the City Code. Mr. Hawkins will respond to the letter written to the City. NEW BUSINESS Consideration of Minutes, Closed Council Meeting, June 12, 1995 - Council Member Elliott moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Gambling License for the Dead Broke Saddle Club - Mrs. Anderson explained that the Dead Broke Saddle Club applied for a gambling license earlier this year. However, they did not meet the eligibility requirements at that time and the gambling license was denied. This organization now meets the eligibility requirement; more that 15 members of the Saddle Club live in Lino Lakes and have been members for more than six (6) months. They have already submitted their application to the State and expect to begin their gambling operation at the 49 Club on September 1, 1995 if the City Council approves the gambling license. Council Member Elliott moved to approve the gambling license for the Dead Broke Saddle Club for operation at the 49 Club. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 24 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Consideration of an Application for a Block Party, Woodridge Court - Mrs. Anderson explained that an application for a block party has been received for Woodridge Court. The subdivision of Woodridge Estates has been holding block parties for several years, but not in this location. The block parties have been held at the west end of Woodridge Lane. Woodridge Lane was extended to the west and now connects to Baldwin Lake Drive. This year the request is for a block party on Woodridge Court. Both the Police Department and the Public Works Department have reviewed the request and have indicated that the cul -de -sac is the best location for a block party in this subdivision. The Public Works Superintendent noted that he is always apprehensive of any "people" type use of roadways because of the liability factor. A letter was received from a resident on the cul -de -sac objecting to the block party at this location in this subdivision. He listed several concerns and wanted the City Council to be aware that he is not in favor of the block party. Council Member Neal noted that the letter said only 50% of the residents signed the petition. Mrs. Anderson explained that seven (7) lots border on the cul -de -sac. Four (4) residents signed the petition. One house is sold and the current owners will not be there when the party takes place. Mayor Reinert asked if the City Clerk recommends approval of the petition if at least 50% of the residents sign the petition. Mrs. Anderson explained that currently there is no criteria for block parties. Normally a substantial number of residents sign the petition. Mayor Reinert noted that there will be more requests for block parties and suggested that a better procedure be implemented. He noted that the City has been encouraging block parties and such events as National Night Out. These are social events or neighborhood events. Mrs. Anderson explained that the Planning Department is considering a revision to the Zoning Ordinance. She asked them to include a provision for block parties. She explained that she gave the Planning Department information on how both St. Paul and Minneapolis govern block parties to be used as examples. Council Member Kuether asked why the writer of the letter suggested that there will be about 70 homes represented at the block party. Mrs. Anderson explained that the block party is for residents of Woodridge Estates. They consider this area a neighborhood and the party will be a neighborhood party. Council Member Elliott explained that a private individual living on a cul -de -sac has every right to hold a party for 250 people. This would cause all types of congestion and would not have the camaraderie. There are some concerns about who will clean the area after the block party. Council Member Elliott noted that block parties are very good about cleaning because the people have a vested interest. She said that she understood the letter writers concerns however, if the City Council says no to the block party because of the PAGE 25 COUNCIL MINUTES AUGUST 14, 1995 one Letter, will the City Council say no to private parties because they may be too big, have too much trash or may have alcohol? Mayor Reinert asked if there would be police protection at the party. Mrs. Anderson said no, however, the Police Department normally makes a courtesy call at each block party to discuss Crime Watch and other neighborhood concerns. Council Member Kuether asked that the Chief of Police assist in preparing a block party ordinance so that the safety aspect can be addressed. Chief Pecchia explained that generally speaking, block parties have been trouble free. However, he felt that Lino Lakes is unique because the residents use block parties not only as a means of getting together but also use it as an opportunity for the officers to meet more and more of the residents and talk about safety issues. He said he was more than willing to provide input into an ordinance for block parties. Mayor Reinert asked if anyone was in the audience who opposed this particular block party. There was no one. Several persons who are planning the block party were present in the audience. Council Member Elliott moved to approve the application for a block party. Council Member Elliott seconded the motion. Motion carried unanimously. Mrs. Anderson noted that one of the letter writers concerns was debris. She asked the person in the audience to be particularly sensitive to this issue. Consideration of an Application for a Block Party in Caribou Circle An application for a block party on Caribou Circle was received. This area in Sunrise Meadows has been holding block parties for the last several years. Both the Police Department and the Public Works Department have reviewed the request and have indicated that they do not see any problems. As with the first block party request, the Public Works Superintendent noted that he is always apprehensive of any "people" type of use of roadways because of the liability factor. Council Member Elliott moved to approve the block party as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Hawthorn Road - An application for a block party on Hawthorn Road has been received. This area in PineRidge Estates has been holding block parties for several years. This year the neighborhood is proposing to barricade a portion of Hawthorn Road which is a through street. The Public Works Superintendent has expressed concern regarding blocking a through street. The Police Department has reviewed the request and has also expressed the same concern. PAGE 26 1 1 1 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether moved to approve the block party as requested. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Buckthorn Lane - An application for a block party on Buckthorn Lake has been received. Buckthorn Lane is a connecting street between 12th Avenue and White Tail Trail. All homeowners on this street have signed the petition agreeing to the block party. The Public Works Superintendent has expressed the same concern regarding blocking a through street. The Police Department has reviewed the request and has also expressed the same concern. Council Member Elliott moved to approve the block party as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Request for $200.00 for City Hall Picnic - Council Member Neal explained that the employees use the profits from the pop machine and donations from some of the consultants to fiend a picnic for staff, the City Council and board and /or commission members. Because of recent legislation, staff can no longer solicit donations from consultants. Since pop machine profits are not sufficient to finance the picnic, Council Member Neal moved to use $200.00 of the pretax fund to help finance the City picnic. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Neal suggested that a portion of the City fiends picnic be budgeted for next year. Consideration of Setting Date for Quarterly Meeting with the City of Hugo for Thursday, September 7, 1995, 7:00 P.M. - This item is just a reminder. Reminder, City Council Budget Work Session, Monday, August 21, 1995 - This item required no action by the City Council. Continuation of City Attorney's Report - Council Member Kuether expressed concern regarding the Conflict of Interest proposal. Mr. Landers said that if an item on the agenda directly involves a Council Member, that Member must physically remove himself from the Council chambers. Council Member Kuether felt that this is discriminatory. Mr. Hawkins explained that the language in the proposed ordinance is taken from the state statutes. He said it is true that the Member is being discriminated against, however, the State Legislature has said that ethics in government is so important that in these instances it is deemed necessary to have the individual removed from any consideration. Mr. Hawkins explained that this City has always complied with this legislation. Mr. Landers said that his group has agreed to Mayor Reinert's proposal that land owners within 600 feet of a property requesting a change in status be notified by normal mail and that a notarized affidavit be included in the mailing. The affidavit will contain the names and addresses of all property owners who were mailed the notice. The mailing list will be prepared by Anoka County upon request from City staff. PAGE 27 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether moved to direct staff to prepare an ordinance titled "Conflict of Interest" as proposed by the citizens petition and present it at the next regular Council meeting for the first reading. Council Member Elliott seconded the motion. Mr. Hawkins explained that this ordinance will amend the City Code. He also noted that there are other State Statutes that deal with conflict of interest in terms of contracts. Mr. Hawkins explained that it is his opinion that there was no necessity for additional regulations. However, the petitioners did feel it was necessary to adopt additional standards. Mayor Reinert felt that this proposal is common sense. Council Member Bergeson expressed concern regarding layering City requirements on top of Charter requirements, statute laws and City Code requirements which already exist. Mr. Hawkins noted that the ordinance would repeal the City Code requirement and substitute the new one in its place. Mr. Hawkins said that it is still his opinion that the existing City ordinance along with the state statutes provisions are sufficient to insure that no City Council member violates any of the provisions without severe sanctions. Mayor Reinert said that there are two(2) choices here. You can listen to the people and enact a new ordinance or you can have the citizens gather signatures on a petition and have the matter placed on the November ballot. Mr. Landers explained that if the proposed ordinance is placed on the ballot and is approved, the only way this ordinance can be removed is by another election. Voting on the motion, motion carried with Council Member Bergeson voting no. Staff will prepare an ordinance and it will be placed on the next regular Council agenda for the first reading. Council Member Bergeson moved to direct staff to prepare an ordinance titled, "Notification Requirements" as agreed expanding the area to be notified from 350 feet to 600 feet and to require that an affidavit of mailing be prepared listing the names and addresses of all property owners notified and deleting the certified mail requirement. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 9:40 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular meeting of the City Council on September 25, 1995. PAGE 28 COUNCIL MINUTES Marilyn G. Anderson, 1 1 AUGUST 14, 1995 Vernon F. Reinert, PAGE 29 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 87 RESOLUTION ACCEPTING BIDS FOR THE LAKE DRIVE (CSAH NO. 23)/HODGSON ROAD (HIGHWAY 49) IMPROVEMENT WHEREAS, pursuant to an advertisement for bids for the improvement of Lake Drive (CSAH No. 23)/Hodgson Road (Highway 49) intersection, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Forest Lake Contracting 14777 Lake Drive Forest Lake, Minnesota 55025 Hardrives, Inc. 9724 - 10th Avenue North Plymouth, Minnesota 55441 Midwest Asphalt Corporation P. 0. Box 5477 Hopkins, Minnesota 5.5343 Valley Paving Incorporated 8800 - 13th Avenue East Shakopee, Minnesota 55379 $1,295,564.52 $1,592,174.92 $1,466,770.03 $1,632,581.40 AND WHEREAS, it appears that Forest Lake Contracting, 1477 Lake Drive, Forest Lake, Minnesota, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Forest Lake Contracting, 14777 Lake Drive, Forest Lake, Minnesota, in the name of the City of Lino Lakes for construction of the Lake Drive (CSAH No. 23)/Hodgson Road (Highway 49) intersection improvement, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 1 1 1 1 1 RESOLUTION NO. 95 - 87 Page -2- 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 14th day of August, 1995. Vernon F. Reinert, Mayor Marilyn G. 'Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted... Council Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 90 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL YOUTH HOCKEY ASSOCIATION FOR USE IN CONSTRUCTING HOCKEY RINK IN THE CITY HALL PARK WHEREAS, the Lino Lakes City Council has established the Dedicated Parks Fund to receive all donations from developers and other interested citizens and organizations, and WHEREAS, the Dedicated Parks Fund is used to fund major park development and park land acquisition, and WHEREAS, the Centennial Youth Hockey Association has donated $1,500.00 to be used for the construction of a hockey rink in the City Hall park, and WHEREAS, the monies will be appropriated to the Dedicated Park Fund in the following manner: Increase Revenue, Dedicated Park Fund $1,500.00 Increase Expenditures: Dedicated Park Fund $1,500.00 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $1,500.00 for the Dedicated Parks Fund and wishes to express its sincere gratitude and appreciation to the Centennial Youth Hockey Association for its donation. Adopted by the Lino Lakes City Council this 14th day of August, 199.5_ Vernon F. Reinert, Mayor Marilyn a. Anderson, Clerk- Treasurer 1 1 1 1 1 RESOLUTION NO. 95 - 90 page -2- 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. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -91 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FOURTH AVENUE TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 95 -68 of the Lino Lakes City Council adopted the 12th day of June, 1995, a report was prepared for this improvement and, WHEREAS, Resolution No. 95 -69 adopted the 12th day of June, 1995 fixed a date for a City Council hearing on the following described improvement: FOURTH AVENUE TRUNK UTILITIES AND WHEREAS,published and mailed notice of the hearing as required by the Lino Lakes City Charter was given, and a hearing was held thereon on July 24, 1995 at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. 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 City Council this 14th day of August, j995 Marilyn G`. Anderson Clerk- Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution Member Elliott taken thereon, the following voted in favor thereof: Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION Be was duly seconded by Council and upon vote being rgeson, Elliott, Kuether, Neal, I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk- Treasurer 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -92 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR CLEARWATER CREEK. WHEREAS, pursuant to Resolution No. 95 -51 of the Lino Lakes City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, Resolution No. 95 -70 of the City Council adopted the 10th day of July, 1995, fixed a date for a public hearing on the proposed improvements. AND WHEREAS, mailed notice and published notice of the hearing as required by the Lino Lakes City Charter was given, and the hearing was held on the 14th day of August, 1995, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. 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 City Council this 14th day of August, 1995. Marilyn G` Anderson Clerk- Treasurer The motion for adoption of the foregoing Member Bergeson Vernon F. Reinert, Mayor resolution was duly seconded by Council and upon vote being Bergeson, Elliott, Kuether, Neal, taken thereon, the following voted in favor thereof: Reinert. The following voted against same: None . Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on / , 1995. //' ,,H,,, Yf . ( -e n t_.o(1)1/ Marilyn 6. Anderson, Clerk- Treasurer Council Member Kuether introduced the following resolution and moved its adoption: City of Lino Lakes Resolution No.95 -93 Resolution Authorizing the Designation of Employee Pretax Forfiets WHEREAS, the City of Lino Lakes has available medical and day care pretax spending accounts for eligible employees to participate in, and WHEREAS, Federal Law states that any funds remaining in an employees account after the payment of eligible expenses incurred during a plan year will be forfeited, and WHEREAS, the plan states that any forfeitures will be used in the manner determined by the City Council. NOW THEREFORE BE IT RESOLVED, that an account be set up in the Escrow Fund to accumulate all employee forfeitures from the medical and day care pretax accounts. The monies will be used to help finance employee related activities such as the annual picnic, the Christmas party or any other employee related activity that may need financing. Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Vernon F. Reinert - Mayor /i. Marilyn G. Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 Council Member Elliott moved its adoption: introduced the following resolution and City of Lino Lakes Resolution Number 95 -94 Resolution Amending the 1995 General Fund Budget Whereas, the General Fund budget should be amended to reflect 1995 salary increases that were authorized by the Council in December 1994, and Whereas, the General Fund budget should be amended to reflect salary and benefit increases for the International Union of Operating Engineers (Local 49) that were authorized in July, 1995. Now Therefore Be It Resolved, that the 1995 General Fund budget be amended accordingly (Please scc attached schedule). Adopted by the City Council of Lino Lakes this 14th day of August, 1995_ Vernon F. Reinert - via of Marilyn G. /Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken (hereon. the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution vtas declared dilly passed and adopted: Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -95 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM TAX INCREMENT 1 -1 AND TAX INCREMENT 1 -2 TO THE GENERAL FUND WHEREAS, the 1995 Budget provided funding for the Community Development Director position, and WHEREAS, 1/2 of this position was to be funded with Tax Increment Financing funds, and WHEREAS, this amount is $38,000. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease General Fund (101) 38,000 Tax Increment 1 -1 (407) 19,000 Tax Increment 1 -2 (408) 19,000 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Marilyn G. Anderson, Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 Council member Elliott resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -96 introduced the following RESOLUTION AUTHORIZING THE CLOSURE OF THE 1989B CERTIFICATES OF INDEBTEDNESS AND TRANSFER OF FUNDS TO THE CLOSED BOND FUND WHEREAS, the 1989B Certificates of Indebtedness matured February 1, 1995, and WHEREAS, there remains a balance in this fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective July 31, 1995. Increase Decrease Closed Bond Fund (301) 20,166.91 1989B Certificates of Indebtedness (304) (20,166.91) Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Vernon F. Reinert - Mayor Marilyn 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -97 RESOLUTION AUTHORIZING THE CLOSURE OF THE 1988A G.O. IMPROVEMENT BONDS AND TRANSFER OF FUNDS TO THE CLOSED BOND FUND WHEREAS, the City Council authorized the early redemption of the 1988A G.O. Improvement Bonds November 16, 1994, and WHEREAS, these Bonds were redeemed on February 1, 1995, and WHEREAS, there remains a balance in this fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective July 31, 1995. Increase Closed Bond Fund (301) 266,780.68 1988A G.O. Improvement Bond Fund (302) Decrease (266, 780.68) Adopted by the City Council of Lino Lakes this 14th day of August, 1995. IVIa�7yn G. Anderson, Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 1 Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -98 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CLOSED BOND FUND TO THE ESCROW FUND WHEREAS, after review of escrow accounts ended June 30, 1995 by Finance and Planning, and WHEREAS, there are outstanding escrows that cannot be collected, and WHEREAS, Oakbrook Peninsula escrow should be written off as the 3% administrative fee was paid, and WHEREAS, this amount is $3,688.49 WHEREAS, the other outstanding escrows are as follows: 49 Club 165.20 Molin Concrete (33.74) Francis Lichtscheidl .10 Kevin McLevish 10.00 NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Closed Bond Fund (301) Escrow Fund (801) Increase Decrease (3,830.05) 3,830.05 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Vernon F. Reinert - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. RESOLUTION No. 95 - 98 Page -2- The following voted against same: None . Where upon said resolution was declared duly passed and adopted: 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: City of Lino Lakes Resolution No.95 -99 Resolution Authorizing the Transfer of Funds to the Escrow Fund from the General Fund (Senior Cottages) WHEREAS, a 5467.00 credit was received for Northwest Associated Consultant planning costs and credited to the wrong fund, and WHEREAS, the credit should have been put towards the Senior Cottages Escrow account and not the General Fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Senior Cottage Escrow(801) Increase 467.00 Decrease General Fund(101) 467.00 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Marilyn G. /Anderson - Clerk Treasurer Vernon F. Reinert - Mayor The notion for the adoption of the foregoing resolution was duly- seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None . Where upon said resolution was declared duly passed and adopted: Council Member Bergeson introduced the following resolution and moved its adoption: City of Lino Lakes Resolution No.95 -100 Resolution Authorizing the Transfer of Funds to the Escrow Fund from Woods of Baldwin Lake, 2nd Addition Construction Fund WHEREAS, an escrow fund was established for Woods of Baldwin Lake, 2nd Addition in 1994, and WHEREAS, there were costs charged to the escrow fund in 1994. and WHEREAS, this project is now a City financed project, and WHEREAS, 1994 costs should now be transferred to the construction fund in the amount of $2,105.02. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized: Escrow Fund Woods of Baldwin Lake, 2nd Add Construction Fund Increase Decrease 2,105.02 2,105.02 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Jam'" Marilyn G.: Anderson - Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was dully seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 101 A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN MEREDITH CABLE COMPANY AND THE NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION WHEREAS, the North Central Suburban Cable Communications Commission (hereinafter "Commission ") was created for the purpose of administering the cable communications franchises for the cities of Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park; WHEREAS, the Commission has recommended to the City of Lino Lakes (hereinafter "City ") a Memorandum of Understanding (hereinafter "Memorandum ") which, among other issues, provides for the settlement of rate regulatory issues with Meredith Cable Company and, further, resolves a major issue in the upcoming franchise renewal negotiations by ensuring the continued funding of community programming through the transfer of the management of community programming to the Commission; and WHEREAS, the City has reviewed the Memorandum and has determined that its implementation is in the best interests of the cable subscribers in the City. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Lino Lakes that the City's representative on the Commission is authorized to vote in favor of the Memorandum and authorize its execution by the appropriate officers of the Commission. FURTHER BE IT RESOLVED, that the Commission is requested to prepare the necessary cable communications franchise ordinance amendments for consideration by the City to cause the implementation of those portions of the Memorandum which require further action by the City. Adopted by the Lino Lakes City Council on the 14th day of August, 1995. Vernon F. Reinert, Mayor /1 ,'v�� Marilyn Gr /Anderson, Clerk- Treasurer RESOLUTION NO. 95 - 101 Page -2- 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 1 Council Member Kuether resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 -102 introduced the following RESOLUTION ORDERING PREPARATION OF A COMMUNITY WATER SUPPLY PLAN. WHEREAS, in 1993 the Minnesota State Legislature passed State Law, Chapter 186, and WHEREAS, Chapter 186 requires municipal water suppliers to prepare a Community Water Supply Plan, and WHEREAS, this plan must be prepared in accordance with guidelines provided by the Minnesota Department of Natural Resources and the Metropolitan Council, and WHEREAS, this plan is to be submitted to these agencies for their review by January 1, 1996, and AND WHEREAS, Lino Lakes as a municipal water supplier is required to comply with Chapter 186 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Acting City Engineer is directed to prepare a Community Water Supply Plan in accordance with Minnesota Department of Natural Resources and Metropolitan Council guidelines and to submit for review to these agencies prior to January 1, 1996. Adopted by the City Council this 14th day of August 19Q5 f 1 ( '17 Marilyn G! Anderson Clerk- Treasurer Vernon F. Reinert, Mayor The motion for 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 passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on z , 19 . Marilyn G. Anderson, Clerk- Treasurer