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HomeMy WebLinkAbout12/11/1995 Council Minutes1 COUNCIL MEETING DECEMBER 11, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : December 11, 1995 . 6:30 P.M. . 8:18 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff Members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Consulting Engineer, Steve Heth; Parks and Recreation Director, Marty Asleson; Recreation Supervisor, Barry Bernstein; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Community Service Officer, Jeanie Kenow; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. OPEN MIKE No one appeared under open mike. CONSIDERATION OF MINUTES November 27, 1995 - Council Member Elliott moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF DISBURSEMENTS November 30, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. December 11, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District Council Member Neal moved to approve these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. COUNCIL MEETING DECEMBER 11, 1995 CONSIDERATION OF EXTENDING THE 1994-1995 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE ADAPTIVE - INTEGRATED THERAPEUTIC RECREATION PROGRAM, MARTY ASLESON Mr. Asleson explained that the City appropriated $4,700.00 of the 1994-1995 CDBG dollars to the Adaptive -Integrated Therapeutic Recreation Program. These dollars were to be spent between July 1, 1994 and June 30, 1995. In June, 1995, he asked the City Council to approve an extension of the funding to December 31, 1995, in anticipation of hiring a person to continue in the establishment of the Adaptive-IntegratedTherapeutic Recreation Program. The December 31, 1995 deadline is approaching and Mr. Asleson estimated that the Adaptive -Integrated Therapeutic Recreation Program will have a balance of $1,000.00 remaining at year end. Anoka County has been contacted on this issue. They have informed the City that in early January, 1996, they will be sending letters to cities informing them that any remaining 1994-1995 balances will be redistributed to the County -wide rehabilitation fund. If an extension is required, Anoka County requires that the City send a letter requesting an extension of funds into 1996. The request for the extension will be considered by the County Board in January, 1996. It is possible that the Board can deny the extension. Mr. Asleson recommended that the City request an extension of remaining 1994-1995 CDBG dollars to April 15, 1996, for the continuation of the Adaptive -Integrated Therapeutic Recreation Program with the understanding that the Anoka County Board can deny the extension. Council Member Elliott moved to approve Mr. Aslesons recommendation. Council Member Neal seconded the motion. Motion carried unanimously. 1995 RECREATION WRAP-UP, BARRY BERNSTEIN Mr. Bernstein gave each Council Member a written packet containing statistical information about the 1994-1995 Parks and Recreation Department programs. He noted that many programs are held in conjunction with the Centennial School District programs. Mr. Bernstein explained that in the summer of 1995, 81% of all youth participants were from the City of Lino Lakes and 93% of all youth participants were from the Centennial School District area. The programs offered in 1995 were well balanced and well received by the community. Mr. Bernstein explained that his department attempts to offer a wide variety of programs PAGE 2 1 1 1 COUNCIL MEETING DECEMBER 11, 1995 for the Lino Lakes young residents. However, since the community is rapidly growing, a survey would better identify the needs and desires of the residents. Mr. Bernstein noted that the one big accomplishment for this past season was the ability of the Recreation Department to creatively find ways and space for persons to participate in the programs being offered. He noted that it has become increasing difficult to find quality facility space for both indoor and outdoor activities. Mr. Bernstein gave a brief presentation about each activity and noted the number of persons attending each program. He explained that he plans to continue offering quality, well managed and entertaining programs for the residents of Lino Lakes. Mr. Bernstein said he will continue to look for alternate facilities if possible and closely follow the Recreation Department mission statement. He will also keep in touch with the needs and wishes of the residents for recreational programming to help increase the quality of life for the Lino Lakes residents. Mayor Reinert thanked Mr. Bernstein for his Recreation Department update and noted that he has received many good comments about the programs. Mr. Schumacher noted that there had been more requests for T -Ball programs than there was space. Mr. Bernstein explained that he had scheduled double sessions for each T - Ball facility. He also used fields that were not very good. Mr. Bernstein explained that it is hard to find space for 20 to 25 children. He also said that the hardest thing he has to do is to turn a child away because there is no room. Mayor Reinert suggested that a recreation focused committee be formed that would deal directly with what the citizens of Lino Lakes feel is needed. He thanked Mr. Bernstein for his update. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Recognition of Block Captains, CSO Jeanie Kenow and Chief Pecchia - Chief Pecchia explained that he would like to publicly recognize the neighborhood watch block captains and co -captains for their dedication and support of the Neighborhood Watch Program. He explained that their volunteer hours and efforts have been critical to the success of the community's crime prevention efforts. Chief Pecchia requested that the City Council officially recognize their efforts and join the Police Department in thanking them for their time and expertise. Officer Kenow gave a brief background on the neighborhood watch program. She noted that about two (2) years ago the program started with approximately 24 neighborhood watch groups. There are now 76 neighborhood watch groups in Lino Lakes. All captains were invited to attend the Council meeting this evening to receive a certificate of appreciation. Officer Kenow read the names of the captains and Mayor Reinert presented the certificates and congratulations to each captain. PAGE 3 COUNCIL MEETING DECEMBER 11, 1995 SECOND READING, Ordinance No. 23 - 95 Amending the Lino Lakes City Code by Adopting the Anoka County Juvenile Curfew Ordinance - Chief Pecchia explained that the proposed Curfew Ordinance has been discussed at several City Council work session. During these discussions, it was noted that the purpose of this particular ordinance was to insure that all metropolitan counties operate under one ordinance so that juveniles would not travel to a neighboring community where the curfew was not as restrictive. The FIRST READING of Ordinance No. 23 - 95 was adopted at the November 27, 1995 Council meeting. There have been no changes to the ordinance since the FIRST READING. There also have been no suggested changes or comments. Chief Pecchia recommended that the City Council adopt the SECOND READING of Ordinance No. 23 - 95 and dispense with the reading. Council Member Elliott moved to adopt Ordinance No. 23 - 95 as recommended by Chief Pecchia. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Authorizing Publication of Summary of Ordinance No. 23 - 95 - Chief Pecchia explained that Ordinance No. 23 - 95 consists of six (6) pages of closely written material. He requested authorization to publish a summary of the ordinance with the statement that a copy of the complete ordinance may be obtained by calling the Lino Lakes Police Department or the Lino Lakes City Hall. Council Member Kuether moved to authorize staff to publish a summary of Ordinance No. 23 - 95. Council Member Elliott seconded the motion. Motion carried unanimously. A summary of Ordinance No. 23 - 95 can be found at the end of these minutes. Resolution No 95 -161 Accepting Donation From the Circle -Lex VFW Post #6583 - Chief Pecchia explained that the Circle -Lex VFW Post #6583 has donated $990.00 to the Lino Lakes Police Department to be used to purchase two (2) bullet proof vests for two (2) new Police Officers. The Circle -Lex VFW Post #6583 is aware of these needs and has donated $990.00 for the cost of the bullet proof vests. The purpose of Resolution No. 95 - 161 is to publicly thank the Circle -Lex VFW Post #6583 for their generous donation. Council Member Kuether moved to adopt Resolution No. 95 - 161 accepting the donation. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 161 can be found at the end of these minutes. Resolution No. 95 - 169 Accepting Donation from the Circle -Lex VFW Post #6583, Ladies Auxiliary - Chief Pecchia explained that the Circle -Lex VFW Post #6583, Ladies Auxiliary has donated $2,000.00 to the Lino Lakes Police Department to be used to PAGE 4 1 1 1 1 COUNCIL MEETING DECEMBER 11, 1995 purchase one bullet proof vest for a new Police Officer and for equipment needed for the Defensive Tactic Program. The Circle -Lex VFW Post #6583, Ladies Auxiliary is aware of these needs and has donated $2,000.00 for the cost of the bullet proof vest and equipment. The purpose of Resolution No. 95 - 169 is to publicly thank the Ladies Auxiliary for their generous donation. Council Member Elliott moved to adopt Resolution No. 95 - 169 accepting the donation. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 169 can be found at the end of these minutes. The City Council expressed their gratitude to the Circle -Lex VFW Post #6583 and the Ladies Auxiliary for their generous donations. Consider Termination of Employment Status, Police Records Clerk - Mr. Schumacher explained that the Police Records Clerk has been on paid and recently unpaid leave status due to back surgery in March, 1995. He noted that he had received a telephone call this past week from this employee stating that she may never be able to return to work of any kind. This was confirmed in a letter from her physician dated December 4, 1995. It is her doctor's belief that she is now a candidate for Social Security benefits. Mr. Schumacher noted that when he talked to the Police Records Clerk, she said she was relieved to know what her status is so that she could pursue her disability status. He explained that she was a very good employee. Council Member Bergeson moved to terminate the employment status of the Police Records Clerk. Council Member Elliott seconded the motion. Motion carried unanimously. Consider the Resignation of Officer Todd Schmatz - Chief Pecchia explained that on December 7, 1995, Officer Todd Schmatz resigned from the Lino Lakes Police Department citing personal reasons. He requested that the City Council accept Officer Schmatz's resignation and wish him well in his future endeavors. Chief Pecchia said that he would begin the selection process as soon as possible to fill the vacancy created by Officer Schmatz's resignation. Council Member Kuether moved to accept the resignation of Officer Schmatz. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT, MARY KAY WYLAND Resolution No. 95 - 167 Establishing a Housing and Redevelopment Authority (HRA) Commission - Ms. Wyland explained that on October 23, 1995, the City Council PAGE 5 COUNCIL MEETING DECEMBER 11, 1995 adopted Resolution No. 95 - 143 Establishing a Housing and Redevelopment Authority in and for the City of Lino Lakes. As required by State Statute, following the effective date of that resolution (December 1, 1995), the City Council is required to appoint five (5) members to the commission to operate the HRA. City staff is recommending that the City Council adopt Resolution No. 95 - 167 appointing the Mayor and the City Council as the HRA Commission on an interim basis. When regular appointments and/or re -appointments are made to the various boards and commissions at the first of the year, the City Council may then consider alternate commission membership to the HRA or continue the Mayor and City Council on the commission. Mayor Reinert explained that he had received a telephone call asking if there would be citizen involvement on this commission. He said he hoped that the new City Council would appoint a citizen or several citizens. Mr. Schumacher explained that this item is being considered tonight so that the HRA can take action on the next agenda item. Mayor Reinert explained that if the City Council did not take action on this matter this evening, the County HRA would levy $57,000.00 against the City of Lino Lakes. The City would have no input on how this money would be spent. He felt that if the City created its own HRA, there would be no levy on the City and the City could decide to join the Anoka County HRA after they have established a "track record". Council Member Kuether moved to adopt Resolution No. 95 - 167. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 167 can be found at the end of these minutes. Resolution No. 95 - 168 Petitioning Anoka County Housing and Redevelopment Authority for Authorization to Establish a Local Housing Authority - Ms. Wyland explained now that the resolution establishing a housing and redevelopment authority in and for the City of Lino Lakes has become effective, the City must, according to State Statutes, petition the Anoka County HRA to authorize establishment of the housing authority. Upon approval of this authorization, the Anoka County Board will not certify an HRA levy within the City of Lino Lakes. The City has received approval from the State Department of Trade and Economic Development for establishment of the local housing authority and Anoka County has indicated that they will approve this authorization at the December 13, 1995 County Board meeting following receipt of a certified copy of Resolution No. 95 - 168. City staff is recommending approval of Resolution No. 95 - 168 Petitioning the Anoka County HRA for Authorization to Establish a Local Housing Authority. PAGE 6 1 1 COUNCIL MEETING DECEMBER 11, 1995 Council Member Bergeson moved to adopt Resolution No. 95 - 168. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 168 can be found at the end of these minutes. Livable Communities Act - Housing Goals and Benchmarks - Mr. Brixius used the overhead projector and displayed a Life -Cycle Housing Goals table provided by the Metropolitan (Met) Council which identifies the Lino Lakes index and benchmarks for various housing categories. He explained that this item is on the agenda to get direction from the City Council regarding establishing the percentage goals that the City of Lino Lakes can live with as far as affordability, life cycle housing and density. The City will then prepare a work plan and work to attain these goals by the year 2010. Mr. Brixius explained that as part of the 1995 Livable Communities Act, the City is required to provide some housing goals in different categories. These housing goals are reflective of housing affordability, life style and density. In compliance with the Livable Communities Act, the City is asked to respond to Met Council by December 15, 1995. If it is not possible to respond by the date, an extension can be requested. Mr. Brixius explained that staff feels that the benchmarks suggested by Met Council are reasonable and attainable. There are two (2) density standards, one for single family residential housing and another for multiple family residential housing. The density is applicable only within the MUSA areas. Areas outside of the MUSA are held to a rural density of one unit per ten acres. The current City index in the MUSA areas indicates one unit per acre. The suggested benchmark for single-family density would be approximately 1.9 per acres. Current development on developable land has fallen within this range therefore, staff feels that the suggested benchmark of approximately 1.9 per acre is acre is achievable provided that it is clear that only developable land is used to calculate density. The Met Council is suggesting a benchmark range of 10 to 12 units per acre for multiple family residential housing. The current City index is 0 because in 1990 there was very little multiple family housing in Lino Lakes. Staff is recommending that 10 units per acre be used for multiple family density. This will be consistent with the current multiply family zoning code. Life cycle housing addresses types of housing and the housing mixture within the community. Currently 96% of the housing in Lino Lakes is single family owner/occupied. Four percent (4%) is renter occupied. Staff envisions a broader mix of housing in the next fifteen years. This would include rental and higher density units. Staff feels that the City can work toward the goal of owner/renter mix of 75%/25%. Mr. Brixius expressed concern regarding the goal of 35% non -single family detached housing. Currently the City is at 5% and the multiple family development in proportion to the single family development at this time may be even lower than 5%. Staff feels that there will be a greater variety of life -cycle housing in Lino Lakes. This will provide affordable housing and a balanced community for economic development. This will also provide PAGE 7 . . COUNCIL MEETING DECEMBER 11, 1995 affordable alternative housing for employees and for customers of newly developed commercial areas. Affordable and rental housing are areas which raise the biggest issue with Met Council. Staff is suggesting a deviation on home ownership patterns. Affordable housing are homes that are affordable to households having an income of 80% of median or lower. Met Council has determine the standard is equivalent to a home having a value of $115,000.00 or less. The current Lino Lakes index indicates that the City has 68% of its owner/occupied housing that qualifies as affordable. The Met Council is suggesting a benchmark for Lino Lakes of 68% to 69% of the housing stock. Staff is concerned about this benchmark because between 1990 and 1994, the new single family homes constructed in Lino Lakes have been considerably higher than the $115,000.00 value. Staff feels this trend is going to continue and to set a goal as suggested by Met Council may not be attainable and seen as unfavorable in the City's approach to the Livable Communities act. Staff discussed this concern with Met Council staff and they suggested that the City establish a goal that is comfortable for the City and that could be verified. Staff is suggesting a 54% goal. This would suggest that the City would let the market dictate what is current in the community. This means that the City has not taken the position that affordable owner -occupied housing will be discouraged. The City will continue to look at additional townhomes and alternative housing types. This goal will also leave room for growth in the single-family homes for upper income families. Reasons why Lino Lakes should pursue the 54% goal are the housing values in the most recent years have been higher than $115,000.00 in value and Lino Lakes ordinances continue to promote environmental protection. Environmental concerns have produced lower density residential areas which creates higher values. Although there is some townhome development in the City, the market appears to continue to be predominately single family homes. Staff also questioned if nearly 70% of the Lino Lakes housing stock were to be affordable, who is the City trying to benefit? The target group of the Livable Communities Act are the low and moderate income families. Staff conducted a survey using 1990 Census information and identified what the 80% median income qualified and how many households were below the median income. The survey showed that the proposed goal would represent 36% of the household count in the entire region. Staff felt establishing a housing ratio of almost 70% while 36% is the target group was very unusual and very high. The current statistics indicate that numerous Lino Lakes residents may be living in housing below what they can afford and the new housing stock provides some "move -up" opportunities. Staff recommended that the affordable owner occupied housing goals be 54% of its owner occupied housing stock. Ms. Wyland contacted Met Council today and explained the information presented this evening. Met Council asked the City to provide specific information regarding new housing values that have been occurring. PAGE 8 1 COUNCIL MEETING DECEMBER 11, 1995 Mr. Brixius noted that 48% of the rental units in Lino Lakes are affordable. This means that 48% of the rental units rent for $500.00 per month or less. The current rental housing stock is only 4% of the entire housing stock in the City and 23% already qualifies as affordable. Mr. Brixius explained that as the community grows there will be a variety of subsidized units such as Willow Ponds which is an elderly subsidize project. Mr. Brixius asked the City Council to give staff approval of the goals that were mentioned this evening so that staff can respond to Met Council. Each goal will be qualified so that there is a clear understanding of each goal based on the discussion with staff. Met Council has stated that goals established by each community will be market driven and are not a mandate. The City will plan for each goal but if the market does not allow achievement of the goals, the City will not be held responsible for those final acts. Council Member Bergeson noted that a lot of information has been presented to the City Council this evening and it is all new information. He felt compliance with the Livable Communities Act would have an impact on the City's current zoning and also on the Comprehensive Plan. Mr. Brixius said that staff will ask for an extension of time from Met Council and bring the matter back before the City Council on December 18, 1995. Ms. Wyland explained that Met Council is required to report back to the legislature in January, 1996 to let them know what communities are participating and what their goals are. That is why the City has a deadline of December 15, 1995. Council Member Bergeson said that the City Council should have had this information before them several months ago so that there would be no problem in meeting the deadline. Mayor Reinert asked how many communities are complying. He also asked how are communities that are totally developed going to comply with the legislation. Mr. Brixius explained that benchmarks will be different in each community depending on their individual situation. He did not know how many communities were complying with the reporting deadline. Mr. Brixius said that most communities are continuing to review the legislation and are looking at what they feel comfortable complying with. He said the Met Council has expressed that the goals they are looking for are goals that would be worked toward and if they are not achieved, staff is told that there will be no penalty as long as the City can demonstrate that they are working toward the goals. Mr. Brixius explained that the principles of the Livable Communities Act are sound planning objectives as far as providing a variety of housing and providing affordable housing for various income levels. The concern is what should be the benchmarks for Lino Lakes. Mayor Reinert said that Met Council has for the past 20 years encouraged planning. Lino Lakes has done a good job of planning. However, he felt that the Livable Communities Act is a socialistic move and the City will be forced to zone land differently than what the citizens of Lino Lakes felt was the way to go. Mayor Reinert said that the Met Council is the only such non -elected body in the entire nation and they are not accountable to anybody but the Governor. He said that this legislation is ridiculous. Mr. Brixius said he PAGE 9 COUNCIL MEETING DECEMBER 11, 1995 could not disagree with Mayor Reinerts remarks. He had a concern that the current market trend is pushing housing in Lino Lakes to a higher level and staff wants to make sure that this trend continues. The City has a housing supply that meets the needs of the residents and meets the needs of the local residents who qualify as the target group for the Livable Community Act. Mr. Brixius also noted that it appears that Met Council is trying to micro -manage growth through the extension of sewers, highways and now through the Livable Communities Act. Mr. Schumacher explained that this is a new program and all the rules are not clear. First they requested participation by each City and now they are requesting that goals be established. In June, 1996 a plan to implement the goals will be required. Mr. Brixius said that when staff met with Met Council, staff expressed concern about the high benchmarks that had been suggested by Met Council because once benchmarks and goals are written, they become more than just policies. Met Council staff explained that this why they want the municipalities to establish their own goals. Mayor Reinert said that even the word "affordable" is not explained. He felt that people who have moved into Lino Lakes now have established what is affordable. These people have come in with certain expectations about the community and had faith their lifestyle would be secure. Mr. Wessel noted that staff is "bending over backwards" to respond to this kinds of inquires from Met Council. He noted that the City has committed to explore the program and has one year to evaluate whether the City should or should not continue with the program. Mr. Brixius explained that the Livable Communities Act was presented to the City as a voluntary program. There are a number of communities within the metropolitan area that have chosen not to participate. Mr. Wessel is correct when he noted that the goals can be re-evaluated. However, staff wants to establish goals at this point that are realistic because we do not want to show any regression when the goals are re-evaluated. Council Member Bergeson suggested that the City respond with a very low and liberal standard. Mr. Brixius said that the goals proposed by staff are very realistic. He explained that Met Council has assured staff that these goals will be something that the City will work toward and if they are not achieved, the City will not be penalized. This preface will be written before each goal. Met Council says that this is a volunteer program and the City should set goals and work toward achieving the goals. If the goals are not met, there is not penalty. Kim Sullivan, 7132 Whippoorwill, 20/20 Vision Coordinator explained that some of the discussion is of interest to her because the 20/20 Vision document set some very specific recommendations. The Growth Group also had representation from Met Council. This group had a good opportunity to sit and talk to a planner from Met Council about what the citizens felt the goals for the community should be versus what Met Council felt that they should be. Met Council has benchmarked the entire metropolitan area. However, when the City looks at this issue, the City is looking at the quad communities area. Ms. Sullivan PAGE 10 1 COUNCIL MEETING DECEMBER 11, 1995 referred to the Recreation Department report earlier in the meeting where Mr. Bernstein said that the Recreation Department borrows from the Centennial School District and other school districts when putting together some of the parks and recreation programs. Many things that the citizens participate in, in this community, involve shared facilities or programs. Ms. Sullivan suggested that when staff prepares the plan and sets the goals for the Livable Communities Act, the staff should also consider how the surrounding communities impact the City. When the Met Council planner met with the Growth Group, the group talked about increasing some of the upper end housing. They also talked about neighboring communities where there is substantial housing available for $50,000.00 to $60,000.00 and that it was not necessary for Lino Lakes to have homes available ranging in price from $50,000.00 and up all within the community of Lino Lakes as long as there were homes that were close enough so that the people could participate in our community with us and be considered part of our community. The citizens felt it was more important to rehabilitate the existing homes rather than bringing in more multi -family or lower income housing to keep this a "nice" community. Ms. Sullivan said her biggest concern was multi -family housing. This issue was specifically addressed by the Growth Group. The recommendation from the Growth Group was six (6) units per acre not the 10 units per acre suggested by the Met Council. She noted that the current development in the Wenzel Farms Townhomes Addition is slightly lower than the six (6) units. The Growth Group felt that Lino Lakes has a very special character and the citizens wanted to keep the rural appearance and make sure that there will not be too many homes put together in blocks or rows of apartments. Ms. Sullivan said that another issue pointed out by the Growth Group is that Lino Lakes does not have the daily commercial conveniences that many communities have. At this point, all residents must leave Lino Lakes to do any shopping. Although, the Community Development Department is working to enlarge the commercial conveniences base for the residents, the physical terrain dictates that commercial conveniences will never really be "convenient". Public transportation may never really be accessible to people who have low incomes. It does not do anybody any good to strand somebody in Lino Lakes just so the City can have affordable housing. Ms. Sullivan said that the single family goals are good as long as the City is flexible enough to do some "cluster housing" and other types of single family housing. The Growth Group suggested that the City familiarize Met Council with the citizens vision of Lino Lakes. Met Council does not know what the citizens want. Although the citizens want to fit into Met Councils picture, the citizens live here and want to familiarize Met Council with what we are looking for. Mayor Reinert said that that he was not prepared to set goals this evening and suggested that the City wait until the City is "nudged" into moving on this matter. Mr. Brixius PAGE 11 COUNCIL MEETING DECEMBER 11, 1995 suggested that the City request an extension from Met Council and bring a more substantiated version of the goals and outline the actual presentation to Met Council. Mr. Brixius explained that a decision was made to participate in the Livable Communities Act so the City must prepare goals to provide a variety of housing types and then prepare a plan to attain this goal. Council Member Kuether asked what would happen if the City decided to not to go with this program at this time. Mr. Brixius explained that staff is concerned that if the City does not participate in the program while the City is pursuing other elements with Met Council such as the MUSA Amendment and the land exchange, Met Council would not place high priority on the City's requests. Mr. Schumacher suggested that staff request an extension without any time limit and note that there are several issues that need to be addressed before a decision can be made. Council Member Bergeson noted that most of the concepts are already addressed in the Zoning Ordinance and this indicates that the City is not against the concept. Council Member Elliott moved to return the matter to staff for further consideration and request an extension from Metropolitan Council. Council Member Kuether seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, DAVID AHRENS Resolution No. 95 - 166 Accepting Bids and Awarding Contract, Trapper's Crossing, Steve Heth - The bids for this project were received and opened at 10:00 A.M., Thursday, December 7, 1995. Thirteen bids were received and tabulated. The low bid was from Schield Construction Company in the amount of $684,685.01. The engineer's estimate including the ditch project was $711,838.50. A background check on Schield Construction Company was completed. They are a reputable contracting company and Mr. Heth recommended awarding the bid to Schield Construction Company. Mr. Schumacher noted that there was a wide spread between the low bidder and the high bidder and asked Mr. Heth if he was sure that the low bidder could complete the project for his bid amount. Mr. Heth explained that he did contact their references and checked with the City of Lakeville, City of Apple Valley, City of Brooklyn Park and the City of Hudson where they have worked in the past couple of years. All contacts provide a good reference. There was not any indication that Schield Construction Company would not honor their contract and not request adjustments to their contract. Mr. Ahrens said based on Mr. Heth's background check, he felt comfortable with this company. PAGE 12 1 1 1 COUNCIL MEETING DECEMBER 11, 1995 Council Member Neal said he felt that the project would not be completed smoothly and asked if a telephone number of a reputable contact could be posted on the job so that anyone who has a question or concern could call directly to the person in charge of the job. Mr. Heth explained that normally telephone numbers of all contacts are received at the pre -construction meeting. Mr. Ahrens said that he will see that a sign is posted at the entrance to the project with his telephone number, Mr. Heth's telephone number, the contractors telephone number and the inspectors telephone number. Mr. Heth noted that the contractor must present a performance bond prior to any construction. He also noted that he had a long discussion with the contractor and they are comfortable with their bid. Council Member Neal moved to approve Resolution No. 95 - 166 awarding the bid to Schield Construction Company. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 166 can be found at the end of these minutes. Resolution No. 95 -162 Approving Plans and Specifications, Marshan Lake Condominiums - Mr. Ahrens explained that the developer of this project has decided that he would like this improvement to be completed by the City. Previously, he had indicated that he would be hiring his own contractor and completing the project privately. Since this change requires certain State Statutes and Chapter 8 of the City Charter to be followed, the matter will be tabled until the next Council meeting to allow time for the changes. Resolution No. 95 -164 Approving Revision to Anoka County State Aid Highway System - Mr. Ahrens explained that Anoka County is requesting an additional 18.3 miles of County State Aid Highways. This request requires the approval of the City of Lino Lakes since a portion of County State Aid Highway 10 (North Road) is located within Lino Lakes and is to be revoked. It is important to note that Anoka County does not maintain or reconstruct County roads with different priorities and standards than it does County State Aid Highways. Therefore, no negative impact of this change should be felt by the City of Lino Lakes. In addition, there are no additional costs to the City of Lino Lakes for County Roads versus County State Aid Highways. Council Member Elliott moved to approve Resolution No. 95 - 164. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 164 can be found at the end of these minutes. Resolution No. 95 -163 Approving Jurisdiction Change, Elm Street and Apollo Drive - Mr. Ahrens explained that Anoka County and the City of Lino Lakes have an PAGE 13 COUNCIL MEETING DECEMBER 11, 1995 agreement for the turnback of Elm Street to the City of Lino Lakes as well as the designation of Apollo Drive as County State Aid Highway 12 which will replace Elm Street. Since the designation of Apollo Drive to a County State Aid Highway is within the boundaries of Lino Lakes, a resolution of support by the City Council is necessary. Council Member Kuether moved to approve Resolution No. 95 - 163. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 163 can be found at the end of these minutes. Resolution No. 95 - 165 Supporting Draft Septic System Ordinance - Mr. Ahrens explained that on September 25, 1995, the City of Lino Lakes approved a resolution supporting a revision to the Lino Lakes City Code relating to the inspection of individual sewage treatment systems. This revision to the Code has been required by the Metropolitan Council because the City's current Code is not satisfactory. The current City Code regulating inspections of sewage treatment systems requires property owners with sewage treatment systems to conduct biennial inspections with the results reported to the City. The draft revision adopted by the City Council on September 25, 1995, required property owners to have a certified inspector conduct triennial inspections of the sewage treatment system with the City having the ability to have the sewage treatment system inspected if the property owner does not have it completed by a certain date with the costs assessed back to the property owner. This revision was not found acceptable by the Metropolitan Council and it is therefore necessary that it be revised again. Metropolitan Council staff have indicated that a biennial inspection by a certified inspector is necessary unless certain criteria are met in which the inspection can occur on a triennial basis. The proposed Code revision is as follows: 1. The City will mail an inspection report form by March 1 of each year to properties containing on-site sewage disposal systems due to be inspected. All systems will be inspected biennially except for those systems that have less than 50% of the allowable sludge and scum and meet the current MPCA 7080 design criteria after re -inspection that request triennial inspection. All new septic systems will be required to meet the 7080 requirements of the PCA. 2. Each property owner receiving an inspection report form is to have their septic tank pumped; the tank and system inspected; and return the report form to the City by September 1 of the same year. 3. The system inspection will include pumping of the tank, evaluation of the condition of the bank and baffles, and an examination of the drainfield for evidence of system failure. PAGE 14 1 1 1 COUNCIL MEETING DECEMBER 11, 1995 4. The inspection of the tank and system is to be made by a certified inspector. A listing of certified inspectors is available from the PCA and will also be available from the City. 5. Failure by the property owner to complete the form and return it to the City will be cause for the City to have the system pumped and inspected. The City will contract to have the work done with all costs to be assessed to the property. Before proceeding with the Code revisions, staff will contact the Metropolitan Council to review the proposed changes to ensure their concerns have been addressed. Staff is requesting that the City Council approve Resolution No. 95 - 165. Passage of this resolution will indicate to the Metropolitan Council that the City staff has support of the City Council to complete the changes proposed. Council Member Bergeson referred to the 7080 PCA criteria and asked if this meant that all new or reconstructed septic systems will be mound systems. Mr. Ahrens said that he is not yet familiar with the 7080 criteria but was sure that it is the most current standard of building sewage treatment systems. Council Member Kuether moved to adopt Resolution No. 95 - 165. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 165 can be found at the end of these minutes. CONSIDERATION OF THE 1995 YEAR END AUDIT ADJUSTMENTS Mr. Schumacher explained that the City Council approves fund transfer, fund closures and escrow corrections annually. The following resolutions are for housekeeping purposes for the year ending December 31, 1995. Included in the resolutions are transfers for the Water Tower bond payment, Tax Increment Financing corrections, escrow write- offs, corrections and closing of three (3) construction funds. Resolution No. 95 - 170 Transferring Funds from the Water Enterprise Fund to the Area and Unit Fund - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 171 Transferring Funds from the Area and Unit Fund to the Water Enterprise Fund - Council Member Neal moved to adopt this resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 172 Authorizing the Transfer of Funds from Tax Increment #1-6 Fund to the Industrial Park Construction Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 15 COUNCIL MEETING DECEMBER 11, 1995 Resolution No. 95 -173 Authorizing the transfer of Funds from the Tax Increment #1-4 Fund to the Escrow fund (Accu Tool) - Council Member Bergeson moved to adopt this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 -174 Authorizing the Transfer of Funds from the Tax Increment #1-4 Fund to the Escrow Fund (Emtech) - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 -175 Authorizing the Transfer of Funds from the Closed Bond Fund to the Escrow Fund (Greenhaven Press) - Council Member Bergeson moved to adopt this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 176 Transferring Funds from the General Fund to the Escrow Fund for Sunnygate IV Addition - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 177 Transferring Funds from the 1989 Construction Fund to the Escrow Fund for Reshanau 4th and 5th Additions - Council Member Neal moved to adopt this resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 -178 Transferring Funds from the 1989 Construction Fund to the G. O. Improvement Refunding Bonds 1992A for Closure - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 -179 Transferring Funds from the 1991 Construction Fund to the Escrow Fund for Brandywood 1st and 3rd Additions - Council Member Neal moved to adopt this resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 180 Transferring Funds from the 1991 Construction Fund, the Seal Coating Fund and the General Fund to the Escrow Fund for Wenzel Farms, 3rd, 4th and 5th Additions - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 -181 Transferring Funds from the 1991 Construction Fund to the Closed Bond Fund for Closure - Council Member Neal moved to adopt this resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 16 1 1 1 1 1 COUNCIL MEETING DECEMBER 11, 1995 Resolution No. 95 -182 Transferring Funds from the 1993 Construction Fund to the Closed Bond Fund for Closure - Council Member Kuether moved to adopt this resolution. Council Member Elliott seconded the motion. Motion carried unanimously. Resolutions No. 95 - 170 through 95 - 182 can be found at the end of these minutes. CONSIDERATION OF APPROVING LINO LAKES MANAGEMENT ASSOCIATION (LLMA) 1996-1998 CONTRACT, RANDY SCHUMACHER Mr. Schumacher explained that an agreement has been reached with the LLMA for a three (3) year contract (1996-1998). The terms include a three percent (3%) pay adjustments, ten (10) dollar adjustments in uniform allowance for those employees receiving a uniform allowance, no increase in the City contribution to the health insurance plan. No additional benefits were negotiated in terms of vacation, sick leave, holidays etc. Council Member Kuether moved to approve the LLMA three (3) year contract. Council Member Elliott seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of the Renewal of the Gambling License for the Circle -Lex VFW, Post #6583, Marilyn Anderson - Mrs. Anderson explained that gambling licenses must be renewed bi-annually with the State of Minnesota. Although the Lino Lakes Gambling Ordinance does not specifically address the license period, the Ordinance does adopt State Statute 349 which regulates the State license period. Therefore, the Lino Lakes license period coincides with the State license period. The gambling license for the Circle -Lex VFW, Post #6583 expires on March 31, 1996. The VFW has applied for renewal of their license and if approved by the State and by the City Council, the renewal of the license will be effective April 1, 1996. The VFW has complied with the Lino Lakes Gambling Ordinance by donating at least 10% of their net profits to benefit the residents of Lino Lakes. Listing all of their donations would take some time. There was a resolution earlier in this meeting accepting a donation and such resolutions appear on the City Council agenda on a regular basis. In addition to donating equipment to various City departments and money for the improvement of the City parks, the VFW donates to private individuals in the community who are experiencing troubled periods in their lives. PAGE 17 COUNCIL MEETING DECEMBER 11, 1995 Mrs. Anderson recommended that the City Council approve the renewal of the Circle -Lex VFW, Post #6583 gambling license. Council Member Kuether asked if all gambling organizations have to give 10% of their net profits to benefit the City and what does the Dead Broke Saddle Club give to benefit the City. Mrs. Anderson explained that all non-profit organizations must give 10% of their net profits to benefit the City. The Dead Broke Saddle Club will be giving dollars on a quarterly basis. Council Member Neal moved to approve the renewal of the gambling license for the Circle -Lex VFW, Post #6583. Council Member Kuether seconded the motion. Motion carried unanimously. REMINDER, Council Work Session, Wednesday, December 13, 1995. REMINDER, Final Council Meeting of the Year, Monday, December 18, 1995. Council Member Kuether asked the City Attorney if he had closed on the house located at the corner of Hodgson and Birch Street. Mr. Hawkins explained that he is waiting for the County to obtain a release of a mortgage. The County will let him know when the release is secured. There will also be a waiting period to clear all title problems. Council Member Elliott moved to adjourn at 8:18 P.M. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting of the City Council on January 22, 1996. Marilyn. Anderson, derson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 18 1 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA CITY OF LINO LAKES ORDINANCE NO. 23 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY DELETING CHAPTER 500 AND REPLACING IT WITH THE ANOKA COUNTY JUVENILE CURFEW ORDINANCE The City Council of the City of Lino Lakes ordains: Chapter 500 of the Lino Lakes City Code is hereby amended to read as follows: 501.01 PURPOSES AND FINDINGS. Subdivision 1. The City Council of the City of Lino Lakes finds and determines that there has been an increase in juvenile violence and crime by juveniles in the City. Subd. 2 Subd. 3 Subd. 4 Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. Because of the foregoing, special and extenuating circumstances presently exist within this City that require special regulation of juveniles within the City in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease juvenile crime rates. In accordance with prevailing community standards, this ordinance serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforced for the protection of juveniles from each other and from other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by juveniles, for the reduction in the incidents of juvenile criminal activity and protection of juveniles against criminal activity. Page 1 501.02 AUTHORITY Subdivision 1 This Ordinance is enacted pursuant to the authority granted under Minnesota Statute 145A.05, subd. 7a (1994) 501.03 DEFINITIONS Subdivision 1 "Authorized adult" shall mean any person who is at least eighteen (18) years of age and authorized by a parent or guardian to have custody and control of a juvenile. Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 "City Council" shall mean the Lino Lakes City Council. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life "Juvenile" means a person under the age of eighteen (18) years. The term does not include person under 18 who are married or have been legally emancipated. "Parent" shall mean any persons having legal custody of a juvenile (I) as natural, adoptive parent, or stepparent; (ii) as a legal guardian; or (iii) as a person to whom legal custody has been given by order of the court. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, roadways, parks, public recreation, entertainment or civic facilities, school, and the common areas of hospitals, apartment houses, office buildings, transport facilities, and shops. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 501.04 PROHIBITED ACTS Subdivision 1 It is unlawful for a juvenile under the age of twelve (12) years to be present in any public place within the City of Lino Lakes: Page 2 1 1 A. Any time between 9:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 A.M. of the following day. B. Any time between 10:00 P.M. on any Friday or Saturday and 5:00 A.M. the following day. Subd. 2 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be present in any public place with the City of Lino Lakes: A. Any time between 10:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 A.M. of the following day. B. Any time between 11:00 P.M. on any Friday or Saturday and 5:00 A.M. on the following day. Subd. 3 It shall be unlawful for any juvenile age fifteen (15) to seventeen (17) years to be in any public place within the City of Lino Lakes: Subd. 4 Subd. 5 A. Any time between 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 A.M. of the following day. B. Any time between 12:01 A.M. and 5:00 A.M. on any Saturday or Sunday. It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through negligent supervision, habitually permit such juvenile to be in any public place within the City during the hours prohibited by Paragraphs Subd, 1, Subd. 2, and Subd. 3 of this Section herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a juvenile under such person's care. It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly permit any juvenile to be in such place during the hours prohibited by Subd. 1, Subd. 2 and Subd. 3 of this Section herein, under circumstances not constituting an exception to this Ordinance as set forth herein. The term "Person operating" shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any such establishment. The term includes Page 3 the members or partners of an association or partnership and the officers of a corporation. 501.05 EXCEPTIONS Subdivision 1 The following shall constitute valid exceptions to the operation of the curfew: A. At any time, if a juvenile is accompanied by his or her parent or an authorized adult; B. At any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond to an emergency; C. If the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment; D. If the juvenile is attending an official school, religious, or other social or recreational activity supervised by adults and sponsored by a city, or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; If the juvenile is going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; If the juvenile is on an errand as directed by his or her parent, without any detour or stop; G. If the juvenile is engaged in interstate travel; If the juvenile is on the public right-of-way, boulevard or sidewalk abutting the juvenile's residence or abutting the neighboring property, structure, or residence; If the juvenile is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the rights of assembly; or, Page 4 1 1 1 1 J. If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode. Subd. 2 It is an affirmative defense to prosecution under 501. Subd. 5 that: A. The owner, operator or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. B. The owner, operator or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minnesota Statutes 340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. 501.06 ENFORCEMENT Subd. 1 Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in Section 501.06 is applicable. 501.07 PENALTIES Subdivision 1 Violation of Section 501.04, Subdivision 1, Subd. 2, and Subd. 3 will be prosecuted pursuant to Minnesota Statutes 280.195 and will be subject to the penalties therein. Subd. 2 Violation of Section 501.04, Subdivision 4 or Subdivision 5 shall be a misdemeanor. 501.08 CONTINUING REVIEW AND EVALUATION Subdivision 1 The County Attorney shall prepare and submit a report annually to the City Council evaluating violations of this section and the criminal activity by and against juveniles within the City during the proceeding year. The first report shall be submitted one year after the effective date in Section 501.11. Page 5 501.09 SEVERABILITY Subdivision 1. If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 501.10 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Adopted by the Lino Lakes City Council this 11th day of December, 1995 Vernon F. Reinert, Mayor ATTEST: h.7 L 2.1 '446> Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. Page 6 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 161 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW POST #6583 FOR TWO (2) BALLISTICS VESTS WHEREAS, bullet proof vests (ballistics vests) have become a standard piece of police equipment due to the ever increasing violence in our society, WHEREAS, funding for bullet proof vests are considered a piece of clothing and thereby not included as a Police Department budget item, WHEREAS, two new Lino Lakes Police Officers have purchased a vest; and WHEREAS; the Circle -Lex VFW Post #6583 has made a donation in the amount of $990.00 to the City of Lino Lakes for the cost to purchase two (2) ballistic vests, and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures -Uniforms $990.00 $990.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $990.00 for the cost of the two bullet proof vests and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this llth day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted 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 Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-163 RESOLUTION APPROVING THE TURNBACK OF ELM STREET AND DESIGNATION OF APOLLO DRIVE AS A COUNTY STATE AID HIGHWAY. WHEREAS, the County Board of Anoka did adopt a resolution revising the designation of County State Aid Highway Numbers 12 and 53 within the corporate limits of the City of Lino Lakes as follows: 1. The Anoka County Board designates Apollo Drive from County Road 53 (Sunset Road) to Trunk Highway 49 (Lilac Street) as County State Aid Highway 12. This segment is 1.67 miles in length. 2. The Anoka County Board designates County Road 53 (Sunset Road) from County State Aid Highway 12 (109th Avenue) to Apollo Drive as County State Aid highway Number 12, this segment is 0.08 miles in length. 3. The Anoka County Board revokes designation of County State Aid highway 12 (Sunset Road/Elm Street) from County State Aid Highway 12 (109th Avenue) to Elm Street along the alignment of Sunset Road then east to Trunk Highway 49 on the current alignment of Elm Street. This revocation is 1.41 miles in length. 4. The City of Lino Lakes accepts, as a city street, the Right-of-way and responsibility of maintenance and repair of Elm Street from the County of Anoka. This change results in a 0.26 mile increase in the Anoka County State Aid System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That said revision is in all things approved. Adopted by the City Council this 11th day of D- emb- , •5. Vernon F. Reinert, Mayor MarilynkiG. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared 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 Dec. 11 , 1995. Marilyn . Anderson, Clerk -Treasurer Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-164 RESOLUTION SUPPORTING ANOKA COUNTY'S REVISION TO THE COUNTY STATE AID SYSTEM WHEREAS, on December 12, 1995, the County Board of the County of Anoka, intends to adopt a resolution revising the designation of County State Aid Highway Number 10 within the corporate limits of the City of Lino Lakes as follows: 1. That Anoka County revoke the State Aid designation on County State Aid Highway Number 10 (North Road) from County State Aid Highway 17 (Lexington Avenue) to Trunk Highway 49 (Lake Drive) said revoking being 1.300 miles in length. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That said revision of the Anoka County State Aid Highway System is in all things approved. Adopted by the City Council this 11th day of Decembe Maril G. Anderson Clerk -Treasurer Vernon F. Reinert, Mayor The motion for 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 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 Dec. 11 , 1995. (tAMari G% Anderson y , Clerk - Treasurer 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-165 RESOLUTION SUPPORTING DRAFT REVISION TO THE INDIVIDUAL SEWAGE TREATMENT SYSTEM CODE WHEREAS, the City of Lino Lakes has over 2,100 households with individual sewage treatment systems, and WHEREAS, the proper maintenance of these systems is critical to protecting surface and subsurface waters and the public health, and WHEREAS, City Code Section 403.04 addresses maintenance of existing systems, and WHEREAS, the proposed revision to the Code will help ensure that the systems are properly maintained. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Lino Lakes City Council supports the draft revision to Individual Sewage Treatment Code Section 403.04 as outlined on the attached sheet. Adopted by the City Council this 11th day of Decemb Vernon F. Reinert, Mayor Marilyn G. Anderson Clerk -Treasurer 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 I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on Dec. 11 , 1995. Marilyn . Anderson, Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-166 RESOLUTION ACCEPTING BIDS FOR TRAPPERS CROSSING WHEREAS, pursuant to an advertisement for bids for the improvement of Trappers Crossing, bids were received, opened an tabulated according to law, and the following bids were received complying with the advertisement: Name Amount of Bid Schield Construction Company $684,685.01 13604 Ferris Avenue Apple Valley, MN 55124 C.W. Houle, Inc. $738,373.02 1300 West County Road I Shoreview, MN 55126 S.R. Weidema, Inc. - Contractors $769,844.01 7082 Brooklyn Boulevard Brooklyn Center, MN 55429 Richard Knutson, Inc. $778,449.85 12585 Rhode Island Avenue South Savage, MN 55378 Northdale Construction Company, Inc. $782,291.70 14450 Northdale Boulevard Rogers, MN 55374 S.M. Hentges & Sons, Inc. $784,948.60 P.O. Box 69 Jordan, MN 55392 Ryan Contracting, Inc. $799,114.00 8700 13th Avenue East Shakopee, MN 55379 Kadlec Excavating of Mora, Inc. $846,573.82 Route 5, Box 81 Mora, MN 55051-9301 Lametti & Sons, Inc. $884,780.00 16028 Forest Boulevard North P.O. Box 375 Hugo, MN 55038 Bonine Excavating, Inc. $904,109.00 12669 Meadowvale Road Elk River, MN 55330 Arcon Construction Company, Inc. P.O. Box 57 Mora, MN 55051 $937,161.15 1 i,� RESOLUTION NO. 95-166 Page 2 Name Amount of Bid Utility Systems of America, Inc. P.O. Box 706 Eveleth, MN 55734-0706 Brown & Cris, Inc. East Frontage Road of I-35 19740 Kenrick Avenue Lino Lakes, MN 55044 $955,043.22 $981,019.46 AND WHEREAS, it appears that Schield Construction Company, 13604 Ferris Avenue, Apple Valley, MN 55124, 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 Schield Construction Company, 13604 Ferris Avenue, Apple Valley, MN 55124, in the name of the City of Lino Lakes for construction of Trappers Crossing, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 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 11th day of December, 1995. ! 1- l A/7-, Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Elliott, Bergeson, Kuether, Neal, Reinert. The following voted against same: None . Whereupon said resolution was declared duly passed and adopted. Member Kuether introduced the following resolution and moved its adoption: RESOLUTION NO. 95-167 RESOLUTION ESTABLISHING A FIVE (5) MEMBER HRA COMMISSION TO OPERATE THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF LINO LAKES WHEREAS, Minnesota Statutes, Section 469.003, subd. 5 of the HRA Act, states that the City shall appoint a five member commission to operate the HRA following the effective date of the resolution establishing said HRA, and WHEREAS, that effective date was December 1, 1995, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The HRA shall be governed by a board of commissioners ("Commissioners") consisting of the City Council members. 2. The City Administrator for the City shall act as the Executive Director of the HRA and, in such capacity, shall act at the direction of the Commissioners. Adopted by the Council of the City of Lino Lakes this llth day of December, 1995. Vernon F. Reinert, Mayor ATTEST _ n , - 6.44 - Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof :Bergeson, Elliott, Kuether, Neal, Reinert. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Member Bergeson introduced the following resolution and moved its adoption: RESOLUTION NO. 95-168 RESOLUTION PETITIONING THE ANOKA COUNTY HRA FOR AUTHORIZATION TO ESTABLISH A LOCAL HOUSING AUTHORITY WHEREAS, the City of Lino Lakes has established a Housing and Redevelopment Authority in and for the City of Lino Lakes, and WHEREAS, the City of Lino Lakes believes the timing is not appropriate for participation in the Anoka County HRA for the year 1996, and WHEREAS, according to State Statutes Section 469.004 Subd. 5, the City housing and redevelopment authority must petition the County for authorization to establish a local housing authority, and WHEREAS, the commissioner of trade and economic development has approved the creation of the City of Lino Lakes local housing authority, NOW, THEREFORE, BE IT RESOLVED by the City Council Acting as the Commissioners of the local housing and redevelopment authority that the City of Lino Lakes hereby petitions the Anoka County HRA to authorize the establishment of a local housing authority in and for the City of Lino Lakes. Adopted by the Council of the City of Li akes this llth day of December, 1995. Vernon F. Reinert, Mayor 7-1 It Marilyn G. Anderson, Clerk -Treasurer The motion for the 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. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 169 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LADIES AUXILIARY VFW POST #6583 FOR ONE (1) BALLISTICS VEST AND DEFENSIVE TACTIC EQUIPMENT WHEREAS, bullet proof vests (ballistics vests) have become a standard piece of police equipment due to the ever increasing violence in our society, WHEREAS, funding for bullet proof vests are considered a piece of clothing and thereby not included as a Police Department budget item, WHEREAS, the Circle -Lex Ladies Auxiliary VFW Post #6583 has made a donation in the amount of $2000.00 to the City of Lino Lakes for the cost of one (1) ballistic vest, and needed equipment to initiate the Defensive Tactics program; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $2000.00 Increase Expenditures -Police Professional Services $1400.00 Uniforms $ 600.00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $2000.00 for the cost of one bullet proof vest and needed Defensive Tactics Equipment and wishes to express its gratitude to the Circle -Lex Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this llth day of December, 1995. Vernon F. Reinert, Mayor Marilyn Anderson, Clerk -Treasurer The motion for the 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. 1 1 1 Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-170 RESOLUTION TRANSFERRING FUNDS FROM THE WATER ENTERPRISE FUND TO THE AREA AND UNIT FUND WHEREAS, the rate increase adopted by the City of Lino Lakes in June, 1988 and July 1994 anticipated a transfer of funds from the Water Enterprise Fund to the Area and Unit Fund, and WHEREAS, the 1990 and 1992 bond sales projected revenue from a combination of connection fees, trunk area assessments and services, and WHEREAS, the Finance Director has determined that the amount from the Water Enterprise Fund to the Area and Unit Fund for the year 1995 is $179,250. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease Area and Unit (406) $179,250 Water Enterprise (601) ($179,250) Adopted by the City Council of Lino Lakes this 1 lth day of December Marilyn i 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: Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Bergeson, Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-171 RESOLUTION TRANSFERRING FUNDS FROM THE AREA AND UNIT FUND TO THE WATER ENTERPRISE FUND WHEREAS, bonds were sold to finance the water tower, and WHEREAS, the funds to pay for the debt are accounted for in the Area and Unit Fund, and WHEREAS, the City's Bond Counsel recommends an annual transfer to cover the bond payment, and WHEREAS, the bond payment for 1995 was $104,565.00 NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized: Increase Decrease Water Enterprise (601) $104,565 Area and Unit Fund (406) ($104,565) Adopted by the City Council of Lino Lakes this 11th day of December 1 5. Vernon F. Reinert - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, 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 and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95-172 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM TAX INCREMENT 1-6 FUND TO THE INDUSTRIAL PARK CONSTRUCTION FUND WHEREAS, payment was received for the purchase of land in 1994 for UDOR, and WHEREAS, the amount received was $39,000, and WHEREAS, the payment less costs incurred by the City of $25,076.79 was receipted to the Industrial Park Construction Fund, and WHEREAS, the costs incurred by the City should be paid from Tax Increment 1-6 Fund. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the Tax Increment 1-6 Fund to the Industrial Park Construction Fund be approved as follows: Increase Decrease Tax Increment 1-6 (412) ($25,076.79) Industrial Park Const. Fund (451) $25,076.79 Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vemon F. Reinert - Mayor Marilyn G 'Anderson - Clerk Treasurer 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. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-173 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE TAX INCREMENT 1-4 FUND TO THE ESCROW FUND WHEREAS, Engineering, planning and legal costs were incurred on the Accutool project, and WHEREAS, these costs were coded to an escrow account, and WHEREAS, these costs should be paid with tax increments from District 1-4. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the Tax Increment 1-4 Fund to the Escrow Fund be approved as follows: Increase Decrease Tax Increment 1-4 (410) ($5,615.28) Escrow Fund (801) $ 5,615.28 Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Marilyn G.1Anderson - 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. 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-174 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE TAX INCREMENT 1-4 FUND TO THE ESCROW FUND WHEREAS, Engineering, planning and legal costs were incurred on the Emtech project, and WHEREAS, these costs were coded to an escrow account, and WHEREAS, these costs should be paid with tax increments from District 1-4. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the Tax Increment 1-4 Fund to the Escrow Fund be approved as follows: Increase Decrease Tax Increment 1-4 (410) ($6,298.89) Escrow Fund (801) $6,298.89 Adopted by the City Council of Lino Lakes this 11th day of December, 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. The following voted against same: None Where upon said resolution was declared duly passed and adopted. Council Member Bergeson and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95-175 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CLOSED BOND FUND TO THE ESCROW FUND WHEREAS, there are outstanding escrow accounts that cannot be collected, and WHEREAS, Greenhaven Press charges were for possible location here and are $2,411.57, and WHEREAS, Woodridge Estates Drainage was done after the closure of the project and the charges are $1,606.19, and WHEREAS, Willow Ponds charges date back to March, 1989. The plat was not approved and the property has changed hands a couple of times. The charges are $5,493.06. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the Closed Bond Fund to the Escrow Fund be approved as follows: Increase Decrease Closed Bond Fund (301) ($9,510.82) Escrow Fund (801) $9,510.82 Adopted by the City Council of Lino Lakes this 11th day of December, 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. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-176 RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE ESCROW FUND FOR SUNNYGATE IV ADDITION WHEREAS, the construction for this project is complete, and WHEREAS, the amount remaining in the escrow will be returned, and WHEREAS, there were costs incurred for street signs, and WHEREAS, a portion of these street sign costs were assessed, and WHEREAS, the General Fund was reimbursed for these costs. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the General Fund to the Escrow Fund be approved as follows: Increase Decrease General Fund (101) ($960) Escrow Fund (801) $960 Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Marilyn G. Anderson - Clerk Treasurer 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. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-177 RESOLUTION TRANSFERRING FUNDS FROM THE 1989 CONSTRUCTION FUND TO THE ESCROW FUND FOR RESHANAU 4TH & 5TH ADDITIONS WHEREAS, the construction for these projects is complete, and WHEREAS, the amount remaining in the escrow has been returned, and WHEREAS, the engineering consultant (T.K.D.A.) has reviewed the costs associated with these projects, and WHEREAS, costs for certain engineering and planning were incorrectly charged to the escrow. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1989 Construction Fund to the Escrow Fund be approved as follows: 1989 Construction Fund (453) Escrow Fund (801) Increase Decrease $4,871 ($4,871) Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vemon F. Reinert - Mayor Marilyn C Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, 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 Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-178 RESOLUTION TRANSFERRING FUNDS FROM THE 1989 CONSTRUCTION FUND TO THE G.O. IMPROVEMENT REFUNDING BONDS 1992A FOR CLOSURE WHEREAS, this construction fund was established for Sunrise Meadows and Reshanau 4th and 5th Additions, and WHEREAS, the construction is complete on these projects, and WHEREAS, there remains a balance, and WHEREAS, the 1989A Temporary Improvement Bonds were sold for these projects, and WHEREAS, the 1992A G.O. Improvement Refunding Bonds were sold to refinance the 1989A Temporary bonds. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1989 Construction Fund to the G.O. Improvement Refunding Bonds 1992A Fund be approved as follows: Increase Decrease G.O. Improve Bonds 1992A Fund (309) $164,772 1989 Construction Fund (453) ($164,772) Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor y . 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: Elliott, Bergeson, Kuether, Neal, Reinert. The following voted against same: Where upon 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. 95-179 RESOLUTION TRANSFERRING FUNDS FROM THE 1991 CONSTRUCTION FUND TO THE ESCROW FUND FOR BRANDYWOOD 1ST, 2ND & 3RD ADDITIONS WHEREAS, the construction for these projects is complete, and WHEREAS, the engineering consultant (S.E.H.) has reviewed the costs associated with these projects, and WHEREAS, certain engineering costs were incorrectly charged to the escrow, and WHEREAS, a balance remains of $1,721 that is recommended to be written off per Engineering, and WHEREAS, the Brandywood Escrow account should be closed. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1991 Construction Fund to the Escrow Fund be approved as follows: 1991 Construction Fund (454) 1991 Construction Fund (454) Escrow Fund (801) Increase Decrease $11,834 ($10,113) ($ 1,721) Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Marilyn . Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, 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 Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-180 RESOLUTION TRANSFERRING FUNDS FROM THE 1991 CONSTRUCTION FUND, THE SEAL COATING FUND AND THE GENERAL FUND TO THE ESCROW FUND FOR WENZEL FARMS 3RD, 4TH AND 5TH ADDITIONS WHEREAS, the construction for these projects is almost complete, and WHEREAS, the engineering consultant (T.K.D.A.) has reviewed the costs associated with these projects, and WHEREAS, certain engineering costs, wear course costs and tree plantings were incorrectly charged to the escrow. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1991 Construction Fund, the Seal Coating Fund and the General Fund to the Escrow Fund be approved as follows: Increase Decrease 1991 Construction Fund (454) ($2,520) Escrow Fund (801) $2,520 Seal Coating Fund (422) ($ 125) Escrow Fund (801) $ 125 General Fund (101) ($ 480) Escrow Fund (801) $ 480 Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Marilyn . 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. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-181 RESOLUTION TRANSFERRING FUNDS FROM THE 1991 CONSTRUCTION FUND TO THE CLOSED BOND FUND FOR CLOSURE WHEREAS, this construction fund was established for Pine Ridge 1st Addition, Brandywood 1st Addition, Pheasant Hills 1st Addition, Wenzel Farms 1st and 2nd Addition, and Reshanau Lake Trunk, and WHEREAS, the construction is complete on these projects, and WHEREAS, there remains a balance, and WHEREAS, the Closed Bond Fund accounts for all excess funds from closed construction funds. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1991 Construction Fund to the Closed Bond Fund be approved as follows: Increase Decrease Closed Bond Fund (301) $144,400 1991 Construction Fund (454) ($144,400) Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Marilyn G.Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-182 RESOLUTION TRANSFERRING FUNDS FROM THE 1993 CONSTRUCTION FUND TO THE CLOSED BOND FUND FOR CLOSURE WHEREAS, this construction fund was established for Brandywood 2nd Addition, and WHEREAS, the construction is complete on this project, and WHEREAS, there remains a balance, and WHEREAS, the Closed Bond Fund accounts for all excess funds from closed construction funds. NOW THEREFORE BE IT RESOLVED, by the City Council of Lino Lakes that the transfer from the 1993 Construction Fund to the Closed Bond Fund be approved as follows: Increase Decrease Closed Bond Fund (301) $16,741 1993 Construction Fund (455) ($16,741) Adopted by the City Council of Lino Lakes this 11th day of December, 1995. Vernon F. Reinert - Mayor Madlyn 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.