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HomeMy WebLinkAbout06/10/1996 Council PacketAGENDA CITY OF LINO LAKES Monday June 10, 1996 6:30 P.M. Call to Order and Roll Call SCANNED Setting the Agenda; Are there any items to be added or deleted from the Agenda? Consent Agenda A. Consideration of Minutes: May 13, 1996 Regular Council Meeting B. Consideration of Disbursements: May 31, 1996 $582.30 June 10, 1996 (Check Nos. 444626 to 44720 for a Total Disbursement of $552,756.95) Centennial Fire District, May 20, 1996 Open Mike A. Swearing in of Paul Montain as Park and Recreation Board Member N-1 fr` '1-3, c) , r cct `c'm~kte. , , 4 c,,do0c0 ao fricoe. gtt jt Consideration of Adopting Resolution 96-56 Adopting a City Wide Drug and Alcohol Policy - Randy Schumacher Recycling Report A. Consideration of Haulers License for United Waste Systems of Mn, Inc. PAGE 1 AGENDA B. Consideration of Agreement with Anoka County for Multi Unit Residential Recycling. Approve License Agreement with Anoka County for Access to TAXSYS System - Randy Schumacher 6:30 P.M., CONTINUATION OF PUBLIC HEARING, Improvement of 12th Avenue/Holly Drive, David Ahrens 81q4:45 -P.M., PUBLIC HEqARINGspOtter Lake Road Realignment, David Ahrens ao + 6345 P.M., PUBLIC HEARING, Cedar Street Lift Station, David Ahrens 2nd Reading of Ordinance 06-96 Offering Sale of Property to Emergency Apparatus Maintenance - Brian Wessel 10. Planning and Zoning Board Report, Mary Kay Wyland A. Consideration of Extension of Conditional Use Permit, Rehbein Transit B. First Reading, Ordinance 96-03, Amending Section 506 of the City Code, Animal Ordinance 11. City Engineer's Report, David Ahrens A. Consideration of Resolution No. 96-57 , Order Improvement, Approve Plans and Specifications and Order Advertisement for Bids, Elevated Water Storage Tank No. 2 (4/5 vote) B. Consideration of Resolution No. 96-58, Intent to Bond, Elevated Water Storage Tank No. 2 C. Consideration of Resolution No. 96-59, Order Improvement and Preparation of Plans and Specifications, Cedar Street Lift Station (4/5 vote) D. Consideration of Resolution No. 96-60, Approve Plans and Specifications and Order Advertisement for Bids, Cedar Street Lift Station E. Consideration of Resolution No. 96-61, Declaration of Intent to Bond, Cedar Street Lift Station PAGE 2 AGENDA F. Consideration of Resolution No. 96-62 Ordering Preparation of Plans and Specifications for Pheasant Hills 7th Addition G. Consideration of Resolution NO. 96-63, Approving Plans and Specifications and Order the Advertisement of Bids for Pheasant Hills, 7th Addition 12. Old Business 13. New Business A. Consideration of Renewal of Liquor License, Marilyn Anderson B. Consideration of a Beer License and a Cabaret License for the Annual St. Joseph August Festival, Marilyn Anderson C_ �ws 14. Adjourn (The 1995 North Central Suburban Cable Communications Commission Annual Report has been included for your information) June 4, 1996, 2:30 P.M. PAGE 3 COUNCIL MEETING MAY 13, 1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : May 13, 1996 . 6:30 P.M. . 9:04 P.M. : Bergeson, Kuether, Lyden Neal, Landers : None Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Building Official, Peter Kluegel; Consulting Engineer, David Mitchell; Parks and Recreation Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mr. Hawkins administered the oath of office to newly appointed Planning and Zoning Board Member, Donald Dunn. Other Planning and Zoning Board appointees, Parks and Recreation Board appointees and the Circle Pines Utility Commission appointee will be given the oath of office at the May 28, 1996 Council meeting. SETTING THE AGENDA Mayor Landers noted that the Animal Ordinance will not be considered this evening as was reported in a local newspaper. CONSENT AGENDA Council Member Kuether questioned an item on the April, 1996 Disbursements. She asked why a commission was paid to the Sentry Real Estate, Inc. Mr. Wessel explained that a commission is paid to any Realtor who is instrumental in bringing a client to the City. This particular commission was paid to a Realtor who was instrumental in bringing the Fogerty Customer Remodelers development to the City. Council Member Kuether questioned an item on Page 2 of the May 13, 1996 Disbursements. She asked why a payment was made from the Contractors Deposits fund. Ms. Wyland explained that a contractor had deposited money into this account to pay for a map revision involving the flood plain. Council Member Kuether moved to approve the consent agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING ITEM Consideration of Disbursements: April 30, 1996 May 13, 1996 (Check Numbers 44365 to 44498 = $758,722.04) MAY 13, 1996 DISPOSITION Approved Approved May 2, 1996 Centennial Fire District Approved Application from St. Joseph Catholic Church for an Exemption from Lawful Gambling License Approved OPEN MIKE Mayor Landers thanked the City staff and all of the volunteers who worked to make Earth Day, and Recycling Day a success. He said the Earth Day program at Wargo Nature Center and Recycling Day required many volunteer hours and could not have been accomplished without the citizen volunteers. Martha Walmsley, 6978 Black Duck Drive - Ms. Walmsley updated the City Council on the activities of the Friends of the Parks Foundation. She named organizations that helped to fund the Earth Day activities and programs and noted recent donations to the Foundation as follows: - $1,100.00 donation from G. M. Development to organize a golf tournament scheduled for August 10, 1996 - $1,000.00 donation from the Reshanau Lakes Estates South Homeowners Association for extending the walking/biking trail along Birch Street - $1,000.00 donation from Target Stores to help fund the Performances in the Parks - Kim Sullivan organized a tree sale, all profits will go to the Friends of the Parks Foundation - Worked with the Birchwood Acres neighborhood to prepare a matching grant for park/ playground equipment - Continued support was received from ACE Solid Waste based on net new customers PAGE 2 COUNCIL MEETING MAY 13, 1996 John Sullivan, 7132 Whippoorwill Lane - Mr. Sullivan explained that he was asked by the Lino Lakes Charter Commission to come before the City Council and ask for a response to several questions. He noted that the two (2) new Council Members and a reelected Council Member ran for office on a platform that included doing something about the condition of many City streets. He asked if the City Council had yet prepared a plan to improve those streets. Mr. Sullivan asked why the City Council is delinquent in preparing a Five Year Financial Plan for the City. He explained that the Charter Commission is working to prepare a plan to assist the City Council regarding replacing or repairing these streets. The Charter Commission is also determining whether or not the City Charter is outdated. Another question under discussion is whether or not to add another section to the City Charter specifically dealing with the street issue. Council Member Neal told Mr. Sullivan that he did not support the proposed City Charter amendment and did not get involved with the street issue. Council Member Lyden explained that street issue is not a political issue but is an infrastructure issue and is of real concern. He felt that the Charter Commission is asking for direction on how the City Council would like this matter handled. Mayor Landers explained that he did not support the City Charter amendment and felt that the current City Charter should be reviewed to determine if there is something already in the Charter that would allow reconstruction of deteriorating streets. Mr. Sullivan invited the City Council to attend the July 11, 1996 regular Charter Commission meeting and let the Charter Commission know how the City plans to deal with the reconstruction of deteriorating streets. He also asked the City Council to let the Charter Commission know when the Five Year Financial Plan will be available. CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE/HOLLY DRIVE Mr. Ahrens explained that over the past few months, staff has met with Mr. Hokanson and his attorney, to discuss the conditions for approval of the Trapper's Crossing preliminary plat. On Friday, April 12, 1996, City staff and the developer met and reached a tentative agreement which will allow the City to assess the Trapper's Crossing project $285,000.00 for the 12th Avenue and Holly Drive improvements. The improvements will consist of constructing the streets to the City rural design standard, 2 - 12 foot driving lanes with four (4) foot paved shoulders and turning lanes at Birch Street and Ash Street. This improvement will extend from Birch Street to, at least, the entrance to Trapper's Crossing. If the construction bids come in higher than expected, the City can elect to reject the bids, revise the scope of the project to keep the costs within the assessed amount, or seek additional funding to cover the costs. Mr. Hokanson has not signed this agreement and has asked that a clause be included in the agreement stating that there will be no additional assessments to all phases of Trapper's Crossing for the improvement of 12th Avenue and Holly Drive. PAGE 3 COUNCIL MEETING MAY 13, 1996 Mr. Hawkins explained that he and the developer's attorney have attended all meetings with the developer and City staff and a tentative agreement was drafted. The tentative agreement has not been signed by the developer. Mr. Hawkins said that he has followed up on this matter with a telephone call last week and still the agreement remains unsigned. He felt that since there is no incentive for the developer to sign the agreement, the City should close the public hearing and then order the improvement according to the terms of the City Charter and assess the developer the amount that is included in the tentative agreement. Mr. Hawkins was asked why the Trapper's Crossing project was not stopped until this matter is resolved. Mr. Hawkins explained that the contractor did sign the development agreement for the Trapper's Crossing development itself which includes payment to the City of $250,000.00 for the 12th Avenue/Holly Drive improvement. The City is now asking for payment of $285,000.00 based on the feasibility report for 12th Avenue/Holly Drive and Mr. Hokanson is saying that he wants language included in the agreement stating that there will be no further assessment to all phases of Trapper's Crossing. Council Member Bergeson noted that the last page of the "green sheet" shows proposed entrances for future phases for Trapper's Crossing. However, it appears that the improved road will only service two (2) of these entrances. He asked will there be improvements on Holly Drive to serve the remaining entrances. Mr. Ahrens said no only minor improvements such as turn lanes. Council Member Bergeson asked why staff did not prepare an agreement that would include an improved roadway to service all of the entrances. Mr. Ahrens explained that the feasibility report determined the cost to improve 12th Avenue/Holly Drive was considerably more than the initial estimate. Staff determined that the amount that could be assessed to the developer would only cover costs to a certain section of the roadway. Staff also was aware that the assessment could not exceed the benefit to the developers property. Mr. Hawkins explained that the cost of the improvements to the developer will be spread out over all 110 of his lots. If the individual lot assessments are high, the City would have a difficult time proving the benefit to each lot. Council Member Lyden moved to continue the public hearing to the next regular Council meeting and to reconsider this matter at the next Council work session. Council Member Kuether seconded the motion. Motion carried unanimously. Mayor Landers left the Council meeting at 7:10 to attend a D.A.R.E graduation ceremony. CONSIDERATION OF RESOLUTION NO. 96 - 45 ACCEPTING A DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR THE D.A.R.E PROGRAM Mr. Schumacher explained that the goal of the City is to insure that the D.A.R.E Program will be totally funded through donations from the community. The Centennial Fire Relief Association is aware of this goal and has donated $2,000.00 toward the cost of PAGE 4 COUNCIL MEETING MAY 13, 1996 administering the program in the local elementary schools. The purpose of Resolution No. 96 - 45 is to publicly thank the Centennial Fire Relief Association for their generous donation. Council Member Kuether moved to adopt Resolution No. 96 - 45 thanking the Centennial Fire Relief Association for their donation. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 45 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Minor Subdivision, Thomas Vacha, 709 - 77th Street - Ms. Wyland used the overhead projector to show the location of this property in Lino Lakes. She explained that Mr. Vacha, owner of Thomas Motors at 7702 Lake Drive, is requesting a minor subdivision of Lot 4, Block 1, Carole's Estates. The property is located on 77th Street just east of Lake Drive and his present dwelling and business. Mr. Vacha has purchased this lot and would like to split the west 112 x 121 feet from the balance of the site and add it to his existing dwelling and business. The purpose for this split is to provide a buffer between his business and the residential neighborhood to the east. The property is zoned Rural and indicated as Single Family Residential in the Comprehensive Land Use Plan. Mr. Vacha's business is considered a pre-existing non- conforming use. For Council information, at one time Lake Drive was zoned commercial from the City's northern boundary south to Hodgson Road and along Hodgson Road to the south boundary of the City. No utilities are available to serve these properties, therefore a 10 acre minimum lot size is required. Lot 4, Block 1 is currently 1.03 acres in size and Mr. Vacha's home and business are located on a .79 acre lot. These properties were created prior to the 10 acre rule. The rearrangement of lot lines would provide 1.10 acres for the home and business and a .72 acre lot. According to the submitted site plan, the existing home on Parcel C will meet all the setback requirements of the Rural Zoning District and provide an alternate site for a septic system should that be required. Parcel B is vacant but is a densely wooded parcel which could provide an effective buffer between the business use to the west and the residential area to the east. Parcel A is existing and the proposed subdivision will not affect setback requirements. In addition to a minor subdivision request, Mr. Vacha will also need a variance from the Zoning Ordinance, Section 4, Subdivision 1, Areas without Sanitary Sewer. This section of the Zoning Code requires a minimum lot size of 10 acres when sewer and water utilities are not available. Since both lots existed as non -conforming lots, Mr. Vacha is merely asking for a shift in that non -conformity. PAGE 5 COUNCIL MEETING MAY 13, 1996 The Planning and Zoning Board reviewed this request at their April meeting and recommended approval with the following conditions: 1. Parcel B shall be legally combined with Parcel A and recorded as such with Anoka County. Parcel B shall not be considered a buildable lot. At some time in the future, when sewer and water becomes available to 77th Street, Mr. Vacha could then resubdivide the lot and provide an additional building site if so desired. 2. The 10 foot drainage and utility easement located on the west side of Parcel B be vacated by the City Council. 3. A 10 foot drainage and utility easements shall be provided on all property lines as required by the Subdivision Ordinance. 4. An easement for roadway purposes be provided over the south 3.5 feet of Parcel A. Council Member Kuether asked if Mr. Vacha owned Parcels A, B and C. Ms. Wyland said yes. Council Member Bergeson noted that generally the City Council does not allow a property to become more non -conforming. Mr. Hawkins explained that this request is to change lot lines but would not make the property more non -conforming. Council Member Kuether asked Mr. Vacha if he had any problems with the restrictions outlined by the Planning and Zoning Board. Mr. Vacha said no. Council Member Bergeson moved to approve the minor subdivision and variance as requested with the conditions outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Site Plan Review, Jeff Kelley, 20th Avenue - Ms. Wyland used the overhead projector to show the location of Mr. Kelley's property. Mr. Kelley has presented an application for a Site Plan Review which also includes an Interim Use Permit that would allow a golf driving range and a future mini -golf facility in the Rural Business Reserve (R -BR) Zoning District. At this time, the R -BR District allows the following uses: - Single-family detached dwellings - Agriculture, gardening and sod farming - Temporary stands for the sale of agricultural products produced on the premises - Stock raising, dairying, and stables in accordance with the Lino Lakes City Code, Section 503 - Commercial greenhouses and nurseries - Home occupations as provided in Section 4, Subdivision 4 Conditional uses include the following: - Commercial riding stables PAGE 6 COUNCIL MEETING MAY 13, 1996 - Feedlots - Commercial boarding stables - Livery stables - Horse arena Interim uses include the following: - Home Extended Business Interim Uses were added to the Zoning Code by Ordinance No. 93 - 24 in January, 1994. A general standard of that ordinance provided, "new uses" the use is allowed as an interim use in the respective zoning district. Additionally, it was the City's intent to add interim uses as the need arose. It would, therefore, be appropriate at this time, to process a text amendment that would add golf course/driving range as an interim use to the R -BR Zoning District. The purpose of an interim use is as follows: A. Allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. C. To allow a use which is reflective of anticipated long range changes to an area and which is in compliance with the Comprehensive Land Use Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. In the current review of the Zoning Ordinance, it has been the Planning and Zoning Board's recommendation to add the permitted uses from the Rural Zoning District to the R -BR District (a golf course/driving range is a permitted use in the Rural Zoning District.). This will not be facilitated, however, until later this fall which does not meet with Mr. Kelley's time schedule. Adding a golf course/driving range to the interim use category in the R -BR Zoning District may, therefore, be appropriate at this time. When final review of the current Zoning Ordinance is complete, and if the City Council concurs with the current Planning and Zoning Board's recommendation in regard to that Ordinance, this use would then become a permitted use within the R -BR District. The Planning and Zoning Board has reviewed this request and ordered a public hearing scheduled for June 12th to review a text amendment which would add golf course/driving PAGE 7 COUNCIL MEETING MAY 13, 1996 range to the interim review for the purposed golf course/driving range contingent upon this the amendment and several conditions. Site Plan - Mr. Kelley's parcel contains 20 acres and is located on the east side of 20th Avenue in the 7300 block. A parking area, club house (garage is approximately 24 x 36 feet), portable sanitation, fencing, tee boxes, and netting are proposed for the site. A future mini golf area is also outlined on the plan. The Economic Development Authority Advisory Board (EDAAB) has reviewed the plan and is recommending approval of the site plan and proposed text amendment. The proposed use could be considered temporary in nature and should not impede future commercial development in the R -BR Zoning District. EDAAB has also concurred with the Planning and Zoning Board's recommendation to add the permitted uses in the Rural Zoning District to the R -BR. Conditions for approval for the site plan review include the following: 1. Proper building permits be obtained prior to any construction. A deposit equal to 1% of construction costs shall be posted to insure completion of all site improvements. 2. The driveway and parking area be provided with a dustless surface approved by the City Engineer which includes an adequate tum -around area. 3. Lighting standards be of the type to provide minimum disruption to the adjoining property owners as determined by the City. 4. The sanitation facilities by located inside the club house/garage area or screened from the street right-of-way and adjoining properties. This screening should be subject to the review of the City Forester and/or Community Service Officer. 5. A landscaping plan shall be provided and reviewed by the City Forester. 6. Signage shall conform to the City's Sign Ordinance and proper permits obtained prior to installation. 7. Netting serving the golf range shall be durable and secured to poles subject to approval of the City Engineer. A detail of the fencing/netting shall be provided prior to issuance of any building permits. 8. A public hearing shall be set before the Planning and Zoning Board to add golf course/driving range as an interim use to the R -BR Zoning District. PAGE 8 COUNCIL MEETING MAY 13, 1996 9. Handicapped parking shall conform to the ADA Rules and Regulations. 10. Drainage shall be reviewed and approved by the City Engineer. 11. If the use shall cease to operate for more than 12 months, the owner shall cause all site improvements (lighting, netting, etc.) to be removed or the City shall cause the same to be done and assess the property. 12. This use shall terminate as an interim use upon a rezoning of the property or at such time as the use becomes permitted. Ms. Wyland recommended approval of the site plan and Interim Use Permit with conditions outlined above. Council Member Lyden asked if this facility would have a sand trap or a putting green. Ms. Wyland said no. Council Member Lyden asked if there is adequate turn around space in the parking area and if the lighting would have an impact on the nearby residential area. Ms. Wyland said there was adequate area to turn around in the parking area and that the lights are to be directed toward the ground. Mr. Asleson will be working with Mr. Kelley to be sure that there are no problems created by the lighting. Mr. Schumacher asked exactly what will the City be approving if Council action is taken this evening. Ms. Wyland explained that the building will not be constructed until the text amendment is approved. Mr. Kelley has signed an agreement acknowledging that he is aware that construction of his proposed golf course/driving range is contingent upon a Zoning Ordinance Amendment which would add golf course/driving ranges as an interim use to the R -BR Zoning District. Council Member Kuether asked what is a "dustless" surface. Ms. Wyland explained that it could be Class 5 or some other similar material. Blacktop, curb and gutters are not required. Council Member Bergeson noted that the Centerville City limits are directly across 20th Avenue from this proposed facility and asked if Lino Lakes is required to notify the City of Centerville. Mr. Hawkins said no however, but it would be courteous to do so. Council Member Lyden asked if the City Council should be discussing interim uses. Ms. Wyland said that discussion will take place when the entire amended ordinance comes before the City Council for review. Council Member Kuether moved to approve the site plan review and Interim Use Permit with the 12 conditions listed above. Council Member Bergeson seconded the motion. Motion carried unanimously. Mayor Landers returned to the Council table at 7:30 P.M. PAGE 9 COUNCIL MEETING MAY 13, 1996 CONSIDERATION OF THE FIRST READING, ORDINANCE NO. 05 -96 AMENDING ORDINANCE NO. 18 - 95, ESTABLISHING THE POSITION AND DUTIES OF AN ELECTRICAL INSPECTOR, PETER KLUEGEL Mr. Kluegel explained that in November, 1995, the City Council adopted an ordinance creating the position of electrical inspector and outlining the duties and responsibilities. A copy of the ordinance was forwarded to the State of Minnesota Board of Electricity as proof that the City had created the position and requested the transfer of some electrical permits. Mr. William Bickner, Executive Secretary, State Board of Electricity, wrote to Mr. Kluegel explaining that portions of the ordinance were in conflict with or were more restrictive than Minnesota State Statutes. An amendment to the original ordinance was then prepared and submitted to the City Attorney along with the letter from Mr. Bickner for review and comment. The City Attorney has reviewed the proposed ordinance amendment and has recommended its adoption. If the City Council decides to take the recommendation of the City Attorney, the FIRST READING of the ordinance amendment would be adopted this evening. A SECOND READING will be held on Tuesday, May 28, 1996. The ordinance amendment would be published on June 4, 1996 and would become effective July 4, 1996. Council Member Bergeson asked Mr. Hawkins if there will be problems regarding electrical inspections performed by the Electrical Inspector since November, 1995. Mr. Hawkins said no, the concerns of the State Board of Electricity involve administrative matters and do not involve any of the interim inspections. Council Member Lyden moved to adopt the FIRST READING of Ordinance No. 05 - 96 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 47, Approve Joint Powers Agreement with the City of Centerville, Street Sweeping - Mr. Ahrens explained that an agreement between the Cities of Lino Lakes and Centerville regarding the sharing of street sweeping and street sweeping hauling expired at the end of 1995. The agreement states that the City of Lino Lakes would perform street sweeping for the City of Centerville in exchange for Centerville hauling the street sweepings. Staff has proposed a slightly revised agreement for the same sharing of services for the City Council to consider. The revision includes an automatic annual renewal of the agreement unless either party terminates it by giving 30 days written notice. This revision will make it easier for both cities to perform street sweeping in Centerville. PAGE 10 COUNCIL MEETING MAY 13, 1996 Mr. Ahrens was asked who calculated the rates in the agreement. Mr. Ahrens said that Mr. DeWolfe, Street Superintendent calculated the rates. Mr. DeWolfe also monitors the program to be sure that there are no inequities. Mr. Ahrens was asked if the sharing of services would shorten the life expectancy of the street sweeper. Mr. Ahrens said very little. Mr. Ahrens was asked if the speed bumps in Centerville would affect the sweeping machine. Mr. Ahrens did not think they would. Council Member Bergeson moved to adopt Resolution No. 96 - 47 Approving Street Sweeping Joint Powers Agreement with the City of Centerville and dispense with the reading. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 96 - 47 can be found at the end of these minutes. Consideration of Resolution No. 96 - 52, Receive Feasibility Report and Call hearing on Improvement, Otter Lake Road Re -alignment - Mr. Ahrens explained that the Lino Lakes City Council ordered preparation of the feasibility report at the regular February 12, 1996 Council meeting. The report addresses the realignment of Otter Lake Road (County Road 84) in the Clearwater Creek Development Center area, between Cedar Street and Main Street (CSAH 14). This project is proposed to be funded jointly with Anoka County. In accordance with Minnesota State Statute 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing scheduled. The public hearing will be held at the regular City Council meeting scheduled for June 10, 1996. Council Member Kuether moved to adopt Resolution No. 96 - 52 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 52 can be found at the end of these minutes. Consideration of Resolution No. 96 - 50, Order Preparation of Feasibility Report, Cedar Street Lift Station - Mr. Ahrens explained that the Lino Lakes Sewer District No. 3 is generally located around the I-35E/Main Street interchange. The Clearwater Creek Development Center as well as the new Clearwater Creek housing subdivision are contained within District No. 3. The sanitary sewer connection to the Metropolitan system in this area will be via a City lift station which will be connected directly to MWCC 76-51, a Metropolitan Council forcemain interceptor. The City lift station is to be constructed on the southeast corner of Cedar Street and Otter Lake Road and is referred to as the Cedar Street Lift Station. When this project was initiated the funding for the lift station was to come directly from the City's Area and Unit (Enterprise) Fund with no bonding involved. It was decided at a recent meeting with City staff and the City's bonding consultant, Springstead, Inc. that PAGE 11 COUNCIL MEETING MAY 13, 1996 the project would be included in a future bond issue. This would reduce the project's impact on the City's Area and Unit Fund. In order to qualify as a bondable project, the. project must proceed in accordance with Minnesota State Statute Section 429. Section 429 requires that a feasibility report be prepared and a public hearing be held for the proposed improvement. Council Member Lyden moved to adopt Resolution No. 96 - 50 Ordering Preparation of a Feasibility Report for the Cedar Street Lift Station and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 50 can be found at the end of these minutes. Consideration of Resolution No. 96 - 51, Receive Feasibility Report and Call Hearing on Improvement, Cedar Street Lift Station - Mr. Ahrens explained that a feasibility report has been prepared for the construction of the Cedar Street Lift Station located at the southeast comer of Cedar Street and Otter Lake Road. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the feasibility report is to be received by the City Council and a public hearing called. The public hearing will be held at the regular City Council meeting scheduled for June 10, 1996. Council Member Kuether moved to adopt Resolution No. 96 - 51, Receive Feasibility Report and Call a Public Hearing on the Cedar Street Lift Station Improvements and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 51 can be found at the end of these minutes. Consideration of Resolution No. 96 - 49 Approve Plans and Order Advertisement for Bids, Underground Storage Tank - Mr. Ahrens explained that the 1996 budget includes funding for the installation of a new underground fuel storage tank and fuel dispensing system. City Council action is requested to approve the plans and order advertisement for bids for this project. State law requires that all underground storage tanks have corrosion protection and spill/overfill prevention systems installed at the end of 1997. Staff budgeted $62,000.00 for the installation of a new underground storage tank meeting the requirements of the new rules. SEH, Inc., has prepared plans and specifications for the installation of the new tank and fuel dispensing system. Mr. Ahrens was asked if there will be test borings to determine, if there has been any contamination of the soil. Mr. Ahrens said yes, however, this will be a separate process. He also explained that the new tank and fueling system will be in service before the old system is demolished. PAGE 12 COUNCIL MEETING MAY 13, 1996 Mr. Ahrens was asked if there was any advantage to putting in a larger tank to accommodate an entire tanker truck load of fuel. Mr. Ahrens said slightly, the payback would be about 15 to 20 years. Mr. Schumacher said that staff would check with Anoka County to determine if they order fuel by the tanker load and to determine if there is an appreciable saving break. Council Member Kuether moved to adopt Resolution No. 96 - 49 Approve Plans and Order Advertisement for Bids, Underground Storage Tank. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 49 can be found at the end of these minutes. Consideration of Resolution No. 96 - 48, Declaration of Intent to Bond - Various City Improvements - Mr. Ahrens explained that the City of Lino Lakes is required by the Internal Revenue Service to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. City Council action is necessary to adopt Resolution No. 96 - 48. The City has recently ordered five (5) projects that may be fmanced through bond proceeds. These projects include: 1. Well No. 3 Pumphouse 2. Fourth Avenue Trunk Utilities 3. Trapper's Crossing Street and Utility Improvements 4. Marshan Condominium Street and Utility Improvements 5. Birch Street Trunk Watermain The City must declare its intent that the City may finance these projects with bond proceeds. This is a non-binding declaration that must be done in order to finance projects in this manner. Exhibit A of the resolution notes the amount for each of the above projects. If the resolution is not adopted, the City will be required to find alternate methods of financing these projects. Council Member Kuether moved to adopt Resolution No. 96 - 48 Declaration of Intent to Bond Various City Projects. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 96 - 48 can be found at the end of these minutes. Consideration of FIRST READING, Ordinance No. 04 - 96, Noise Ordinance - Mr. Ahrens explained that the City Council has requested staff to draft a proposed noise ordinance relating to construction noise. Staff surveyed other adjoining communities as well as discussed the proposed ordinance amongst the various City Departments. The following is language that is proposed for inclusion in the updated Zoning Ordinance: PAGE 13 COUNCIL MEETING MAY 13, 1996 Noise emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended. Additionally, staff is recommending that the above verbiage and the following be included in the City Code under Nuisance, Chapter 900 provisions: No person shall engage in or permit construction activities involving the use of any kind of electric, pneumatic, diesel or gas -powered machine or other power equipment except between the hours of 7:00 A.M. and 8:00 P.M. on any weekday or between the hours of 9:00 A.M. and 7:00 P.M. on any weekend or holiday. Mayor Landers noted that Police Chief Pecchia will be sending an officer to train for noise control. The Police Department will receive a noise meter when the officer is fully trained. Mr. Ahrens explained that he felt several people should be trained in this area. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 04 - 96 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 46, Order Improvement and preparation of Plans and Specifications for Centennial Middle School Street and Utility Improvements - Mr. Ahrens explained that the Centennial School District is proposing to construct a middle school along Elm Street and has petitioned the City to install utilities (storm sewer, watermain, sanitary sewer) and streets. A public hearing was held on April 22, 1996, for the proposed improvements. Council action is required to order the improvements and the preparation of plans and specifications. Since the close of the public hearing on April 22, 1996, staff, school district officials and consultants have met twice with residents that live immediately south of Elm Street to discuss option F. In particular, the need for the west driveway was discussed. The residents prepared a plan that they prefer with reference of access to the school. The plans shows the west driveway eliminated with all (bus and car) traffic entering the site from one driveway. Mr. Mike Hughes, Centennial School District Transportation Safety Coordinator, indicates that the removal of the west entrance is not acceptable to the School District. The Lino Lakes Chief of Police and Fire Chief have reviewed option F which includes the west driveway and have indicated that it does address their safety concerns. Based on recommendations made by the City's consulting engineer, David Mitchell, OSM, Inc., staff is recommending that option F be approved by the City Council. This option best meets all issues regarding safety, impact on the adjacent neighborhood, and costs. Based on Mr. Mitchell's analysis, this option meets warrants for the installation of a traffic signal which will provide for a safe intersection to be used by both vehicular and PAGE 14 COUNCIL MEETING MAY 13, 1996 pedestrian traffic. The impact on the neighborhood is minimized as much as practical by the installation of the main entrance on the southeast side of the site which will direct car traffic into the school site. The west entrance is designed for the bus traffic and some employee parking. Based on expected bus counts provided by the School District, there will be 30 to 35 buses utilizing this entrance arriving and departing each morning and afternoon over a 15 to 20 minute period. There is concern from some residents south of Elm Street that the west entrance will cause a significant impact on their neighborhood. Staff has discussed this driveway with residents at two meetings since the public hearing. Based on comments provided by the School District, the removal of this entrance will cause a significant on-site traffic problem. Staff has indicated to the residents that a berm and landscaping will be provided along Elm Street (to be done with the road project) to mitigate the noise and visual impact that this entrance may cause. Mr. Ahrens concluded that staff is recommending that a motion adopting option F and Resolution No. 96 - 46 be adopted subject to the School District providing a written commitment on bus use of Elm Street west of the school site. Council Member Bergeson asked if the City Council adopted option F, are there any provisions that could be make to make certain that buses coming out of the school would go to Lake Drive rather than west on Elm Street to Second Avenue. Mr. Ahrens said that he will ask the School District to provide a written document stating that buses must go east from the school site except for the buses serving the area east of the school. Council Member Kuether said that she would like the school bus company to sign the same agreement. Mr. Ahrens noted that state statutes prohibit the City from limiting certain vehicle traffic use of a state aid road. Mr. Hawkins said that language stressing bus traffic routes can be included in the development agreement. Council Member Bergeson noted that the City has had several other agreements with the School District and they have worked within the agreements. Mr. McClellan told the City Council that there absolutely will be no bus traffic exiting the school and turning west on Elm Street except for the buses that service that immediate area. He also explained that bus drivers cannot alter their routes. Council Member Bergeson asked if is possible to plant shrubs and trees on the south side of Elm Street to screen the adjacent neighborhood to the south. Mr. Ahrens said that buffering will be included in the Cities portion of the project. He will work with Mr. Asleson to be sure the buffering plan is workable. Council Member Kuether explained that she will not vote for option F. She said she is disillusioned about the process the neighborhood had to go through to protect their neighborhood. Council Member Kuether said that both City staff and the School District staff have "poo-poohed" the neighborhood. She said it is a shame that the entire neighborhood has a bad taste in its mouth over this project. Council Member Neal said PAGE 15 COUNCIL MEETING MAY 13, 1996 that he has spent hours in meetings with the staff and residents and felt that option F and I are the only viable options. This afternoon he met with the Chief of Police and the Fire Chief and they recommended option F to him. Council Member Neal said that he knew that many residents will not be satisfied, however, the City Council has taken enough time on this matter. Council Member Bergeson explained that whatever the conclusion, the City Council did not come to it easily. He noted that there were many concerns raised by both the residents and staff. Mayor Landers said that he supported Council Member Neal's and Bergeson's positions and noted that this is no easy decision. He said that he has supported a signal light since the beginning of this project. Council Member Bergeson moved to adopt option F for the road re -alignment. Council Member Neal seconded the motion. Motion carried with Council Member Kuether voting no. Council Member Lyden moved to adopt Resolution No. 96 - 46 Ordering the Improvement and Plans and Specifications for the Centennial Middle School Street and Utility Project and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 46 can be found at the end of these minutes. PARKS AND RECREATION DEPARTMENT REPORT, MARTY ASLESON Consideration of an Amendment to Resolution No. 96 -160 Establishing a Trail Committee for the City of Lino Lakes - Mr. Asleson explained that last year the Park and Recreation Board sent a resolution to the City Council establishing a Trail Committee for the City. The resolution was adopted by the City Council on November 2, 1995. On February 23, 1996, a recommendation was brought before the City Council to appoint members to the committee. The City Council asked that the following issues be clarified: should the terms of the committee members be staggered, how long are the terms of the committee members and how would the reporting system operate. The Council concerns were brought back to the Parks and Recreation Board on May 6, 1996 and the Board adopted the following guidelines: the City Council should stagger the terms of the committee members, some members terms would be two (2) years and the others would be three (3) years and the Trails Committee shall report directly to the Park and Recreation Board. Mr. Asleson presented the following recommendation to the City Council; the Trails Committee shall consist of George Lindy, Liaison to the Parks and Recreation Board, Laura Wolf, Jody Budde, Ted Blanson and Ken Johnson. Alternate members are: Al Case, Jerry Berg and Brian Bourassa. Staff members as needed include: Kurt Rausch, Police Department, Marty Asleson, Parks and Recreation Department and David Ahrens or Michael Krech from the Engineering Department. PAGE 16 COUNCIL MEETING MAY 13, 1996 Mr. Asleson explained that one conclusion from the 20/20 Vision project was the concern regarding the trails throughout the City. flow could the various segments of trails be connected, where should new trails be located and how should the trails be maintained. It was also clear that the residents wanted to be involved in making these decisions. The Trails Committee is the response to the 20/20 Vision concerns. It was suggested that Mayor Landers be an alternate member of the committee. Council Member Neal moved to adopt the motion passed by the Parks and Recreation Board. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of an Agreement of Understanding for Services - Mr. Asleson explained that Ms. Janet Bona was hired to continue the adaptive recreation consortium planning. She is also the recreation program supervisor for the North Metro Recreation Cooperative. Recently, Ms. Bona approached staff with an idea to cooperatively plan some programs that traditionally have problems acquiring adequate numbers of participants. It was felt that between the Lino Lakes Recreation Program and the North Metro Recreation Cooperative, enough participants could be found to cooperatively plan and advertise programs that require bus transportation. In order to implement this cooperative venture, an Agreement of Understanding for Service document was drafted. The document was reviewed by the City Attorney. He recommended that Item F be added which deals with insurance requirements and a "hold harmless" clause. Mr. Asleson recommended that the City Council approve a cooperative programming program and adopt the Agreement of Understanding for Services document. He suggested that this was an excellent opportunity to encourage a renewed relationship with the surrounding communities in the area of recreation. Mr. Asleson also noted that many communities enjoy the benefits of a joint cooperative program without such agreements. Council Member Neal asked Mr. Asleson to identify the members of the North Suburban Recreation Cooperative. Mr. Asleson explained the Cooperative includes the cities of Centerville, Circle Pines, Lexington and a portion of Blaine. He noted that Lino Lakes was originally to be a part of the Cooperative. This did not happen and Lino Lakes created its own recreation department. Mr. Asleson explained that he does work with the North Metro Recreation Cooperative on various activities. The proposed Agreement provides for the sharing of costs and other obligations in the area of staff and liability. Council Member Kuether moved to adopt the Agreement of Understanding for Service format. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. PAGE 17 COUNCIL MEETING MAY 13, 1996 CONSIDERATION OF THE ADOPTION OF ATTACHMENTS D AND E OF EXECUTIVE SUMMARY LEADERSHIP - TEAM BUILDING SESSION, RANDY SCHUMACHER Mr. Schumacher explained that in April, the City Council received copies of the Executive Summary of the Team Building/Goal Setting Session. Appendix D and E list priorities and goals as ranked by those in attendance. The next step in the process is for the City Council to officially adopt Appendix D and E. Assuming that this would be done, Mr. Schumacher sent a memorandum to staff directing that Attachments D and E be incorporated into individual department goals. Mr. Schumacher has also planned team building sessions with support staff for May and June. Council Member Kuether referred to graphs included in Appendix D and E and said she was disturbed about the numbers included with the graphs. She felt that some programs needed to be created. Council Member Lyden said that he would like a more comprehensive review of the material to determine why staff is not satisfied. He asked what would be the next step in the team building process. Council Member Bergeson noted the seven (7) goals outlined in Appendix E and asked if they were in priority order. Mr. Schumacher said yes. Council Member Bergeson moved to adopt the priorities and goals listed in Appendix D and E. Council Member Lyden seconded the motion. Motion carried unanimously. DISCUSSION OF THE 1997 BUDGET SCHEDULE, RANDY SCHUMACHER Mayor Landers read a statement regarding the need to prepare an updated five (5) year financial plan as required by the City Charter. Mr. Schumacher explained that the budget process is one of the most important and time consuming programs the City Council deals with each year. Finance Director, Mary Vaske has prepared a time schedule that would start the 1997 budget process with department managers in June. A preliminary draft of the 1997 budget would be presented to the City Council August 19, 1996 and be adopted by the City Council on September 9, 1996. The preliminary tax levy would also be adopted at this time. Mr. Schumacher explained that he would like to spend an entire day with the City Council August 19, 1996 so that the City Council can discuss each department budget with the departments respective manager. Council Member Bergeson noted that the Charter Commission Chairman, Paul Montain had appeared before the City Council at a recent work session to remind the City Council that they must prepare a five (5) year financial plan. He said that Mayor Landers comments at the beginning of this meeting reflects that the City Council has received the message and will address it. Mr. Schumacher noted that some restrictions in the City PAGE 18 COUNCIL MEETING MAY 13, 1996 Charter make it difficult to prepare a five (5) year plan. Council Member Kuether said she felt it was obvious that there is a problem and the Charter should be amended or it will continue to be a battleground. Mayor Landers said he felt that if all minds work a better solution will be found. Council Member Kuether said something needs to be done and said she felt that "time" was eating away the City roads. CONSIDERATION OF RESOLUTION NO. 96 - 53 AUTHORIZING DIRECTION FOR FUTURE OPTIONS RELATING TO GAS UTILITIES, RANDY SCHUMACHER Mr. Schumacher explained that City Staff has been researching future gas utility options. Presently Northern States Power Company, Minnegasco and Circle Pines Gas Utility all provide gas service throughout the City. A resolution has been prepared that would authorize City Staff and the Lino Lakes gas utility representative, Vern Reinert, to prepare gas utility options for the City Council to consider. Council Member Bergeson said that he feels it is very important that the City Council give this matter their best effort and hire some consultants who can give the City Council informed options. He noted that the utility companies have plenty of "muscle" therefore, it is imperative that the City Council be prepared for utility company opposition. Council Member Lyden asked how the City Council goes about getting good consultants. Council Member Lyden moved to adopt Resolution No. 96 - 53 as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 53 can be found at the end of these minutes. CONSIDERATION OF APPOINTING COUNCIL MEMBER NEAL AS LIAISON TO THE ANOKA COUNTY CORRECTIONAL PROGRAMS, RANDY SCHUMACHER Mr. Schumacher noted that a letter had been received from County Commission Margaret Langfeld requesting that a Council Member be appointed to serve as a liaison for the County Correctional Programs located in the City of Lino Lakes. Council Member Neal presently represents the City as the liaison to the State Correctional Facility and has indicated that he would also serve as the liaison to the County. Council Member Kuether moved to appoint Council Member Neal as liaison to the Anoka County Correctional Programs in the City of Lino Lakes. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. OLD BUSINESS Update, Adams Outdoor Advertising Signs Litigation - Mr. Schumacher explained that the Adams Outdoor Advertising Sign Company had submitted applications for outdoor billboards to be erected near I -35E and Main Street and I -35W and Lake Drive. PAGE 19 COUNCIL MEETING MAY 13, 1996 The City's development policy prohibited this activity. Adams Outdoor Advertising Signs Company sued the City and the matter was taken to court. Adams Outdoor Advertising Sign Company lost the lawsuit. The City has now been notified that the appeal time has expired without Adams Outdoor Advertising Signs Company filing an appeal. The matter is now considered closed. The agenda item is for Council information only and no action is required. NEW BUSINESS Consideration of Minutes, Council Work Session, April 15, 1996 - Council Member Neal moved to approve these minutes as presented. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of a Request to Divide Voting Precinct No. 3 into Two Precincts - Mrs. Anderson explained that residential growth in the City has created a need to divide voter Precinct No. 3. Currently, Precinct No. 1 has 1,295 registered voters, Precinct No. 2 has 2,339 registered voters and Precinct No. 3 has 3,185 registered voters. Anoka County, Division of Elections recommends that there be no more than 1500 registered voters in any one precinct. Although Precinct No. 2 has more than the recommended registered voters, she recommended that it not be divided at this time. Mrs. Anderson noted that she has made arrangements with Living Waters Lutheran Church for use of their social hall to conduct both the primary and general elections this year. They have indicated that their social hall will be available for future elections. This means that there will be two (2) polling places very close together. Since there are no other public buildings in this part of the City, Mrs. Anderson recommended that the City council approve the Living Waters Lutheran Church location as the polling place for Precinct No. 4. Mrs. Anderson included a map in each Council Member's packet showing the boundary lines for each of the four (4) precincts. Boundaries of each precinct must be a recognizable land mark such as a street, railroad track or other similar feature. In dividing Precinct No. 3, Mrs. Anderson used Birch Street as a boundary to the north, Ash Street (County Road J) as a boundary to the south, Hodgson Road (Highway 49) as a boundary to the west and 12th Avenue/Holly Drive as the boundary to the east. All areas within these boundaries would be Precinct No. 3 and all areas outside of these boundaries would be Precinct No. 4. Precinct No. 3 would have 1,720 registered voters and Precinct No. 4 would have 1,444 registered voters. Mrs. Anderson explained that after the year 2000 federal census, the entire state will be redistricted. This may mean that boundaries of current precincts must be rearranged to coincide with the district boundaries. She recommend that all of the precincts be re- evaluated and boundaries changed if necessary. Mrs. Anderson felt that the number of new residents on the east side of the City will grow significantly so that another precinct PAGE 20 COUNCIL MEETING MAY 13, 1996 can be added in that area. She also noted that precinct boundaries will continue to be rearranged until the City reaches maximum growth. Mrs. Anderson explained that approval of the division of Precinct No. 3 is required before June 1, 1996. If the division is approved, she will notify the Elections and Voter Registrations Division at Anoka County and the Office of the Secretary of State, Division of Voter Registration and Elections. Anoka County will notify all registered voters who will be voting in the new precinct where their new polling place is located. Mrs. Anderson will also include this information in the Summer and Fall Newsletter as well as placing the information on Cable T V. She explained that since this election is a presidential election where voter turnout is usually larger, notification of affected residents is an important issue. Mrs. Anderson said that she will notify all residents in the newly created Precinct No. 4 whether registered or not, that they will be voting at the Living Waters Lutheran Church. Mrs. Anderson recommended that the City Council adopt a motion approving the division of Precinct No. 3 as outlined above. Council Member Neal moved to adopt the recommendation of the City Clerk. Council Member Kuether seconded the motion. Motion carried unanimously. REMINDER, Last Regular Council Meeting in May will be held on Tuesday, May 28, 1996. Council Member Lyden referred to the Leadership -Team Building goals and said that he felt one goal should be new entrance signs to the City. He suggested that the entrance signs for the City of Little Canada could be used as a guide. Council Member Kuether said that maybe this concern could be mentioned to the Friends of the Parks Foundation. She also suggested that a Public Relations Committee be formed to work at improving the image of the City. Council Member Kuether noted that City wide events could include a parade, a Miss Lino Lakes contest and other such events. Council Member Neal moved to adjourn at 9:04 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held June 10, 1996. Marilyn G. Anderson, Clerk -Treasurer John L. Landers, Mayor PAGE 21 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 45 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF ASSOCIATION WHEREAS, WHEREAS, WHEREAS, the Lino Lakes Police Department began teaching the D.A.R.E. Program in local elementary schools in January, 1995, and the curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and the Centennial Fire Relief Association was made aware of the desire of the Lino Lakes Police Department to teach this program in the elementary schools and has donated $2,000.00 to the City to defer the cost of this program, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,500.00 toward the cost of the D.A.R.E. Program and wishes to express its gratitude to the Centennial Fire Relief Association for its generous donation. Adopted by the Lino Lakes City Council this 13th day of May, 1996. ��. . CS Marilyn . Anderson, Clerk -Treasurer L. Landers, ayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Lyden, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-46 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - CENTENNIAL MIDDLE SCHOOL WHEREAS, a resolution of the City Council adopted the 12th day of February, 1996, fixed a date for a council hearing on the proposed Centennial Middle School Street and Utility Improvements by constructing street, curb and gutter, storm sewer systems, water supply systems, and sanitary sewer systems. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 22nd day of April, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted 13th day of May, 1996. 2. OSM, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th d May, 1996. ATTEST: Wu MarilyJ G. Anderson, Clerk/Treasurer L. Landers, Mayor 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, Lyden, Kuether, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 47 RESOLUTION APPROVING STREET SWEEPING JOINT POWERS AGREEMENT WITH THE CITY OF CENTERVILLE WHEREAS, the City of Centerville and the City of Lino Lakes desire to share public works services for the following listed projects: street sweeping and hauling of sweepings, and WHEREAS, the City of Centerville and the City of Lino Lakes are willing to cooperate regarding the aforementioned projects, and WHEREAS, Minnesota Statutes 471.59 allow the cities of Centerville and Lino Lakes to enter into a Joint Powers Agreement to cooperatively share public works services, NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted by Minnesota Statute 471.59, it is agreed between the parties as follows: 1. The City of Centerville will perform the following public works projects for the City of Lino Lakes: Haul sweepings from Lino Lakes sweeper, when Lino Lakes is sweeping Lino Lakes street. (Rate of hours exchanged will be one hour sweeper time equals 1.18 hours truck hauling time in return. EXAMPLE: 40 hours hauling time is equal to 34 hours of return sweeping time.) 2. The City of Lino Lakes will perform the following public works projects for the City of Centerville: Sweeping of City of Centerville streets as per their Street Superintendent, Paul Palzer. Hours to sweep would be at a rate of hours they haul sweepings for Lino Lakes. (1.18 hours of truck hauling = one hour of sweeping time.) *Truck hauling time divided by 1.18 will equal sweeping time that the City of Lino Lakes will sweep Centerville streets. 3. This Agreement may be amended when mutually agreed by the parties hereto. Any changes in scope or term of the Agreement shall be amended in writing and dually executed by the parties hereto prior to the performance of any of the services agreed to by set Agreement. RESOLUTION NO. 96 - 47 Page -2- 4. This Agreement shall be automatically renewed annually unless it is terminated in whole or in part by either party upon 30 days written notice. 5. The Cities of Centerville and Lino Lakes hereby release from liability and waive any claims against each other for any injuries, damages or loss to any person or property arising from the work to be performed in the context of this agreement. The parties further agree that each entity will be responsible for its own personnel, equipment, and for injuries or death to such personnel or damage to any such equipment. Insurance coverage and any financial compensation shall be the responsibility of the governmental entity performing the work. Each party waives the right to sue any other party for any workers compensation benefits to its own employees even if the injuries were caused wholly or partially by the negligence of any other party. Adopted by the Lino Lakes City Council this 13th day of May, 1996. L. Landers, Mayor Marilyn G. derson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: Council Member Neal. 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. 96-48 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following projects: 1) Well No. 3 Pumphouse; 2) Fourth Avenue Trunk Utilities; 3) Trapper's Crossing Street Utility Improvements; 4) Marshan Condominium Street Utility Improvements; and 5) Birch Street Trunk Watermain, which is further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of Section 1.103-17(1) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretonfore been paid by the RESOLUTION NO. 96-48 PAGE 2 City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to RESOLUTION NO. 96-48 PAGE 3 reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Adopted by the City Council this 13th day of May, 1996. Jdhn L. Landers, Mayor )14 61,t_10-t.4.e:ryt./ Marilyn . Anderson Clerk -Treasurer 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, Kuether, Lyden, Neal, Landers. 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 May 13, 1996. Marilyn G. Anderson Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-49 RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS - UNDERGROUND STORAGE TANK. WHEREAS, the City of Lino Lakes has budgeted funds for the installation of a new underground storage tank system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 13th day of May, 1996. 2. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 3. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Thursday, June 20, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, June 24, 1996, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payableto the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 13th day of May, 1996. Marilyn Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly 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 May 13, 1996. 12( VCA 6".2 L Marilyn G. Anderson, Clerk -Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 53 RESOLUTION NO. 96 - 53 RESOLUTION AUTHORIZING CITY STAFF AND THE LINO LAKES GAS UTILITY REPRESENTATIVE (VERN REINERT) TO PREPARE GAS UTILITY OPTIONS FOR CITY COUNCIL CONSIDERATION WHEREAS, the City of Lino Lakes has previously reviewed their options as it relates to gas utility services throughout the community, and WHEREAS, the City Council has authorized staff to enter into an agreement with a law firm specializing in municipal gas franchises, for the purpose of determining all available options the City of Lino Lakes may have for future gas utility services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES. MINNESOTA: 1. The Lino Lakes City Council requests that the appropriate staff, along with its gas utility representative (Vern Reinert) prepare and present gas utilities options for City Council review. 2. The City council be kept abreast of the process of this research at future work session. 3. A preliminary report be submitted to the City Council no later than 60 days from the adoption of this resolution. Adopted by the City Council of the City of Lino L.. es this 13th day of May, 1996. 6/A 1124c'v., MarilY rI G. Anderson, Clerk -Treasurer tel... �l L. Landers, Mayor 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-50 introduced the following RESOLUTION ORDERING PREPARATION OF REPORT - CEDAR STREET LIFT STATION. WHEREAS, it is proposed to install sanitary sewer lift station near the intersection of Cedar Street and Otter Lake Road and to assess the benefitted properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to John Powell of TKDA for study, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council this 13th day of May, 1996. X27 _1 Marilyn l. Anderson Clerk -Treasurer hn L. Landers, 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, Kuether, Lyden, Neal, Landers. 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 m i3 , 1996. hrk Marilyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-51 RESOLUTION RECEIVING THE CEDAR STREET LIFT STATION FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, Pursuant to a resolution of the Council adopted May 13, 1996, a report has been prepared by John Powell, TKDA with reference to the sanitary sewer lift station improvement and this report was received by the Council on May 13, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 10th day of June, 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 13th day of May, 1996. J n L. Landers, Mayor Man'lyn . Anderson Clerk -Treasurer 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION 1 hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 13, , 1996. Marnderson, lyn Clerk -Treasurer Council Member Kuether resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 96-52 RESOLUTION RECEIVING THE OTTER LAKE ROAD REALIGNMENT FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, Pursuant to a resolution of the Council adopted February 12, 1996, a report has been prepared by John Powell, TKDA with reference to the Otter Lake Road Street Improvement, and this report was received by the Council on May 13, 1996, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 10th day of June, 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as reuired by law. Adopted by the City Council this 13th day of May, 1996 Marilyn ( . Anderson Clerk -Treasurer J+hn L. Landers, 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, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a c rect copy of a resolution duly passed, adopted and approved by the City Council on 1996. 4 arilyn G. ; derson, Clerk Treasurer ADMINISTRATION BRUEGGER'S BAGEL BAKERY (CITY TOURS -2) PROGRAM RECREATION $ 107.30 NANCY OLSON (REIMBURSE SOFTBALL LEAGUE) $ 375.00 RECYCLING CASH (CHANGE FOR RECYCLE DAY 5-4-96) $ 100.00 TOTAL MAY MANUAL DISBURSEMENT $ 582.30 Page 1 1 DISBURSEMENTS 1 JUNE 10, 1996 Page: 1 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) 1994 CONSTRUCTION FUND ALLEN COMPANY, THE(APPRAISER/HWY 49 & 23) FOREST LAKE CONTRACTING, INC.(CONTRACTOR/49 Total 1996 CONSTRUCTION FUND SCHIELD CONSTRUCTION (TRAPPERS CROSSING) * OSM, INC.(MUN ENGINEER/MARSHAN CONDOS) AREA AND UNIT CHARGE & LAKE DRIVE) for Department Total for Fund Total for Department Total for Fund * ANOKA ELECTRIC, INC.(MONTHLY SERVICE/WELL #4) * PRESS PUBLICATIONS, INC.(ADVERTISING) Total for Department Total for Fund CONTRACTORS DEPOSITS C.W. HOULE, INC. HUSNIK HOMES, INC.(REIMB BLDG ESCROW/6526 DRWD) * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY SENIOR COTTAGES) * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY TAYMARK) * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY FOGERTY) * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY PROG ENGINEER) * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY NO WHOLESALE) KLOSNER-GOERTZ(REIMB BLDG ESCROW/92 W PINE) LIVING WATERS LUTHERAN CHURCH(REIMBURSE ESCROW FUNDS) * OSM, INC.(MUN ENGINEER/CENTENNIAL SCH) * PRESS PUBLICATIONS, INC.(ADVERTISING) Total for Department Total for Fund Amount 1,012.' 84,210. 85,223. 85,223.. 2090B81 218,990.1( 218,990.1( 180.! 83.: 263. i 263.1 186I 6'37 156. 2,067.( 2,506.1 383.: 1,,667.z 500. 801.z- 11,532.1 01.411,532.`_ 33.( 206,817.8 206,617.87 Page: 2 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount GENERAL ADMINISTRATION CRAGUN'S CONFERENCE CTR(CONFERENCE CHARGES) 55.24 * FORTIS BENEFITS, INC.(INSURANCE) 21.20 MINNESOTA PUBLIC EMPLOYER(REGISTRATION) 100.00 * NYSTROM PUBLISHING COMPANY, (SUMMER NEWSLETTER) 1,129.13 SCHUMACHER, RANDALL B.(FUEL) 16.79 * SCIENCE MUSEUM OF MINNESOTA(COMPUTER CLASS) 109.00 * SIGNS BY NORTHLAND, INC.(NAME PLATE) 15.00 ST. PAUL PIONEER PRESS, INC.(SUBSCRIPTION) 42.90 STAR TRIBUNE(SUBSCRIPTION) 96.20 TESCH, DAN(MILEAGE) 41.85 * WYLAND, CATHY(SUMMER NEWSLETTER) 232.71 Total for Department 1,860.02 BUILDING INSPECTIONS * FORTIS BENEFITS, INC.(INSURANCE) 10.60 SUBURBAN INSPECTIONS, INC.(ELECTRICAL INSPECTIONS) 716.12 * MEDICA(INSURANCE) * MEDICA(INSURANCE) ECONOMIC DEVELOPEMENT Total for Department 726.72 750.72 265.24 Total for Department 1,015.96 * FORTIS BENEFITS, INC.(INSURANCE) * NYSTROM PUBLISHING COMPANY (SUMMER NEWSLETTER) * PRESS PUBLICATIONS, INC.(ADVERTISING) * WYLAND, CATHY(SUMMER NEWSLETTER) 10.60 322.60 9.80 66.48 Total for Department 409.48 ENGINEERING/PLANNING DEPARTMENT AHRENS, DAVID(MILEAGE/PARKING) 42.24 * FORTIS BENEFITS, INC.(INSURANCE) 21.20 * MEDICA(INSURANCE) 556.25 * S & T OFFICE PRODUCTS, INC.(SUPPLIES) 29.81 * SIGNS BY NORTHLAND, INC.(NAME PLATES) 30.00 UNIVERSITY OF MINNESOTA(VIDEOCONFERENCE) 40.00 WYLAND, MARY KAY(MILEAGE/PARKING) 63.25 Total for Department 782.75 Page: 3 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount FINANCE * FORTIS BENEFITS, INC.(INSURANCE) * SCIENCE MUSEUM OF MINNESOTA(COMPUTER CLASS) VASKE, MARY(MILEAGE/MEALS/PARKING) FIRE DEPARTMENT 15.90 109.00 122.15 Total for Department 247.05 * FORTIS BENEFITS, INC.(INSURANCE) 5.30 Total for Department 5.30 FLEET MANAGEMENT AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 58.46 BRAD RAGAN, INC.(PARTS FOR THE SWEEPER) 196.09 * FORTIS BENEFITS, INC.(INSURANCE) 5.30 GILLUND ENTERPRISES, INC.(PARTS) 134.23 GOA COMPANY, INC.(PARTS) 413.71 GOPHER BEARING COMPANY, INC.(PARTS FOR HUSTLER MOWER) 96.59 MTI DISTIBUTING, INC.(PARTS) 503.33 RDO EQUIPMENT COMPANY, INC.(CHIPPER PARTS) 27.83 SAFETY KLEEN CORPORATION, INC.(RECYCLE USED SHOP OIL) 50.00 ST. JOSEPH EQUIPMENT, INC.(PARTS) 10.42 THANE HAWKINS POLAR CHEVROLET,(PARTS) 51.81 ZARNOTH BRUSH WORKS, INC.(VANGUARD BROOM) 345.06 Total for Department 1,892.83 FORESTRY DEPARTMENT * FORTIS BENEFITS, INC.(INSURANCE) 5.30 Total for Department 5.30 GOVERNMENT BUILDINGS ACE SOLID WASTE, INC.,(MONTHLY SERVICE) 129.43 * ANOKA ELECTRIC, INC.(MONTHLY SERVICE) 966.38 BEST LOCK SYSTEMS OF MN, INC.(KEYS) 28.08 COPY EQUIPMENT, INC.(SUPPLIES) 158.51 INTERIOR COMM SYSTEM, INC.(SERVICE/REPAIR) 388.40 INTL OFFICE SYSTEMS, INC.(SUPPLIES) 232.17 INTL OFFICE SYSTEMS, INC.(FAX MACHINE) 1,259.63 * MINNEGASCO ACCOUNTS PAYABLE (MONTHLY SERVICE) 230.78 * S & T OFFICE PRODUCTS, INC.(SUPPLIES) 237.54 SUNSHINE LIGHTING COMPANY, INC(SUPPLIES) 243.62 TWIN CITY GARAGE DOOR CO., INC(SERVICE/ADJUST/REPLACE PARTS) 275.62 Total for Department 4,150.16 Page: 4 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount PARKS DEPARTMENT * A T & T(MONTHLY SERVICE) * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ALL STAR SPORTS, INC.(SUPPLIES) BIFF'S, INC.(RENTAL UNITS) E. L. REINHARDT COMPANY, INC.(PADLOCKS) FOGARTY, MARY(FLOWERS) * FORTIS BENEFITS, INC.(INSURANCE) LICHTSCHEIDL, DAVE(REIMBURSE SMALL TOOLS) * MINNEGASCO ACCOUNTS PAYABLE, (MONTHLY SERVICE) * NYSTROM PUBLISHING COMPANY, (SUMMER NEWSLETTER) * PETTY CASH(SUPPLIES) * PETTY CASH(MEALS) * PETTY CASH(POSTAGE) * PREMIERE VIDEO & PHOTO(FILM) * PREMIERE VIDEO & PHOTO(FILM) * SIGNS BY NORTHLAND, INC.(NAME PLATE) TESSMAN SEED COMPANY(SUPPLIES) TURF SUPPLIES, INC.(SUPPLIES) US WEST COMMUNICATIONS(MONTHLY SERVICE) US WEST COMMUNICATIONS(MONTHLY SERVICE) * VIKING SAFETY PRODUCTS, INC.(SUPPLIES) * WYLAND, CATHY(SUMMER NEWSLETTER) 3.29 25.52 89.95 497.34 51.28 42.31 21.20 47.88 67.12 967.80 1.19 20.00 6.20 17.31 19.97 15.00 599.71 3,230.45 40.75 38.62 129.73 199.44 Total for Department 6,132.06 PLANNING AND ZONING BOARD TIMESAVER OFF-SITE SECRETARIAL(OFF-SITE SECRETARIAL SERVICE) Total for Department POLICE DEPARTMENT 203.25 203.25 A T & T WIRELESS SERVICE(MONTHLY SERVICE) 21.30 ANOKA COUNTY(SUPPLIES) 1,575.32 BRUBAKER, JASON(REIMBURSE TESTING FEE) 25.00 * FORTIS BENEFITS, INC.(INSURANCE) 74.20 GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 94.20 INTERNATIONAL SOC OF CRIME(SYMPOSIUM) 290.00 * MEDICA(INSURANCE) 2,955.00 * MINNEGASCO ACCOUNTS PAYABLE, (MONTHLY SERVICE) 33.06 MN. DEPT OF PUBLIC SAFETY(VEHICLE REGISTRATION) 8.50 * NYSTROM PUBLISHING COMPANY, (SUMMER NEWSLETTER) 161.30 POETSCHKE, JOACHIM(11 PAIR GOPHER FEET - .75/PR) 8.25 THE POLICE INSTITUTE(REGISTRATION - 3) 285.00 WALLIN VIDEO PRODUCTIONS, INC.(DARE VIDEOCASSETTE) 326.15 WHITE BEAR TOWNSHIP(BALD EAGLE LK WINTER PATROL) 992.00 * WYLAND, CATHY(SUMMER NEWSLETTER) 33.24 Total for Department 6,882.52 Page: 5 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) RECREATION DEPARTMENT * A T & T(MONTHLY SERVICE) * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ALL STAR SPORTS, INC.(SUPPLIES) * FORTIS BENEFITS, INC.(INSURANCE) * NYSTROM PUBLISHING COMPANY, ;SUMMER NEWSLETTER) ORIGINALS, THE(PERFORMANCE IN THE PARK 6/23) * PETTY CASH(SUPPLIES) * PREMIERE VIDEO & PHOTO(FILM) * PRESS PUBLICATIONS, INC.(ADVERTISING) PRINT CENTRAL(SUPPLIES) * SIGNS BY NORTHLAND, INC.(NAME PLATE) * WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department SOLID WASTE ABATEMENT ACE SOLID WASTE, INC.(HAULER REIMB/2284 X .35) BFI TIRE RECYCLERS OF MN, INC.(RECYCLE DAY - 387 TIRES) * FORTIS BENEFITS, INC.(INSURANCE) MINNESOTA ENVIRONMENTAL INITIA(CONFERENCE) * NYSTROM PUBLISHING COMPANY, (SUMMER NEWSLETTER) * PETTY CASH(PARKING) TOM THUMB, INC.(RECYCLE DAY) U.S.A. LIGHTS, INC.(RECYCLE DAY - 361 BLUBS) UNITED WASTE SYSTEM(HAULER REIMB/258 X .35) WASTE MANAGEMENT BLAINE(HAULER REIMB/319 X .35) WOODLAKE SANATATION - BFI(HAULER REIMB/841 X .35) * WYLAND, CATHY(SUMMER NEWSLETTER) Total for Department STREETS * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ANOKA ELECTRIC, INC.(MONTHLY SERVICE/STREET LITES) * FORTIS BENEFITS, INC.(INSURANCE) * MEDICA(INSURANCE) PREMIERE VIDEO & PHOTO(FILM) * PRESS PUBLICATIONS, INC.(ADVERTISING) * S & T OFFICE PRODUCTS, INC.(SUPPLIES) STATE OF MN CPV PROGRAM(MEMBERSHIP) * VIKING SAFETY PRODUCTS, INC.(SUPPLIES) Total for Department Total for Fund Amount 3.7C 44.79 720.64 5.30 967.80 700.00 2.37 13.05 283.22 346.13 15.00 199.44 3,301.44 799.40 413.75 5.30 60.00 322.60 2.75 1.78 190.33 90.30 111.65 294.35 66.48 2,358.69 25.52 232.88 15.90 118.75 9.80 88.20 99.17 350.00 129.72 1,069.94 31,043.47 Page: 6 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) INTERIM CONSTRUCTION FUND * PRESS PUBLICATIONS, INC.(ADVERTISING) Total for Department Total for Fund PROGRAM RECREATION DEPARTMENT * ALL STAR SPORTS, INC.(SUPPLIES) * ALL STAR SPORTS, INC.(SUPPLIES) * ALL STAR SPORTS, INC.(SUPPLIES) * ALL STAR SPORTS, INC.(SUPPLIES) ANDERSON, KIM/TIM(COACH T -BALL) CENTENNIAL SCHOOLS(INDOOR ARENA RENTAL/SOCCER) CHAMBERS, MARY(REIMBURSE PROGRAM REC/SOCCER) FARRINGTON, KRISTI(COACH T -BALL) LA LOVING, INC.(SUPPLIES) PRINT CENTRAL(SUPPLIES) PRINT CENTRAL(SUPPLIES) RYDLUND, BRIAN(COACH T -BALL) TURNQUIST, TIM(COACHING REFUND) Total for Department SEWER OPERATING DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) AID ELECTRIC SERVICE, INC.(POWER MONITORS) * FORTIS BENEFITS, INC.(INSURANCE) * LADEN'S BUSINESS MACHINES, INC(CHECK SIGNER) Total Total for Fund for Department Amount 159.25 159.25 159.25 55.42 279.35 61.77 66.99 10.00 4,366.50 35.00 5.00 299.20 76.50 76.49 5.00 5.00 5,342.22 5,342.22 37.17 175.12 7.95 1,914.34 2,134.58 Total for Fund 2,134.58 Page: 7 Date: 06/05/96 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) TAX INCREMENT DISTRICT 1-7 UDOR * KENNEDY AND GRAVEN, INC.(MUN ATTORNEY TIF 1-7) Total for Department Total for Fund WATER OPERATING • DEPARTMENT Amount 247.00 247.0( 247.0C * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 37.11 * FORTIS BENEFITS, INC.(INSURANCE) 7.9E * LADEN'S BUSINESS MACHINES, INC(CHECK SIGNER) 1,914.34 * MINNEGASCO ACCOUNTS PAYABLE, (MONTHLY SERVICE) 66.31 RYAN COMPANY, INC.(AIR ELIMINATORS - 3) 509.43 Total for Department 2,535.2C Total for Fund 2,535.20 Total for Checking Account 1010 552,756.95 ** Total ** * - Invoice split to different Departments 552,756.95 Page: 1 Date: 06/05/96 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount Checking Account 1010 000014 - ALLEN COMPANY, THE 000050 - A T & T 000093 - ACE SOLID WASTE, INC. 000098 - AHRENS, DAVID 000100 - AID ELECTRIC SERVICE, INC. 000110 - A T & T WIRELESS SERVICE 000158 - ALL STAR SPORTS, INC. 000210 - AMERICAN FASTENERS OF MINNESOTA, IN 000370 - ANOKA COUNTY 000450 - ANOKA ELECTRIC, INC. 000680 - BEST LOCK SYSTEMS OF MN, INC. 000700 - BIFF'S, INC. 000706 - BFI TIRE RECYCLERS OF MN, INC. 000780 - BRAD RAGAN, INC. 001050 - CENTENNIAL SCHOOLS 001208 - COPY EQUIPMENT, INC. 001220 - CRAGUN'S CONFERENCE CTR 001360 - E. L. REINHARDT COMPANY, INC. 001528 - FOGARTY, MARY 001531 - FOREST LAKE CONTRACTING, INC. 001550 - FORTIS BENEFITS, INC. 001608 - GENERAL OFFICE PRODUCTS COMPANY/INC 001610 - GILLUND ENTERPRISES, INC. 001630 - GOA COMPANY, INC. 000950 - C. W. HOULE, INC. 1,012.50 6.99 928.83 42.24 175.12 191.47 1,274.12 58.46 1,575.32 1,379.84 28.08 497.34 413.75 196.09 4,366.50 158.51 55.24 51.28 42.31 84,210.88 233.20 94.20 134.23 413.71 186,670.70 Page: 2 Date: 06/05/96 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001660 - GOPHER BEARING COMPANY, INC. 96.59 001860 - KENNEDY AND GRAVEN, INC. 7,027.18 001888 - HUSNIK HOMES, INC. 500.00 001940 - INTERIOR COMM SYSTEM, INC. 388.40 001980 - INTL OFFICE SYSTEMS, INC. 1,491.80 001982 - INTERNATIONAL SOC OF CRIME 290.00 002152 - KLOSNER-GOERTZ 500.00 002209 - LA LOVING, INC. 299.20 002226 - LADEN'S BUSINESS MACHINES, INC. 3,828.68 002330 - LICHTSCHEIDL, DAVE 47.88 002441 - LIVING WATERS LUTHERAN CHURCH 801.41 002540 - MEDICA 4,645.96 002640 - RDO EQUIPMENT COMPANY, INC. 27.83 002700 - MINNEGASCO ACCOUNTS PAYABLE, INC. 397.27 002780 - MN. DEPT OF PUBLIC SAFETY 8.50 002847 - MINNESOTA PUBLIC EMPLOYER 100.00 003070 - MTI DISTIBUTING, INC. 503.33 003370 - NYSTROM PUBLISHING COMPANY, INC. 3,871.23 003430 - OSM, INC. 21,430.50 003491 - PETTY CASH 32.51 003590 - PREMIERE VIDEO & PHOTO 60.13 003600 - PRESS PUBLICATIONS, INC. 656.85 003619 - PRINT CENTRAL 499.12 003864 - RYAN COMPANY, INC. 509.43 003870 - S & T OFFICE PRODUCTS, INC. 366.52 003900 - SAFETY KLEEN CORPORATION, INC. 50.00 003921 - SCHIELD CONSTRUCTION COMPANY 209,092.10 Page: 3 Date: 06/05/96 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004001 - SCHUMACHER, RANDALL B. 16.79 004010 - SIGNS BY NORTHLAND, INC. 75.00 004120 - ST. JOSEPH EQUIPMENT, INC. 10.42 004130 - ST. PAUL PIONEER PRESS, INC. 42.90 004150 - STAR TRIBUNE 96.20 004200 - STATE OF MN CPV PROGRAM 350.00 004251 - SUBURBAN INSPECTIONS, INC. 716.12 004280 - SUNSHINE LIGHTING COMPANY, INC. 243.62 004400 - TESCH, DAN 41.85 004407 - TESSMAN SEED COMPANY 599.71 004410 - THANE HAWKINS POLAR CHEVROLET, INC. 51.81 004413 - THE POLICE INSTITUTE 285.00 004427 - TIMESAVER OFF-SITE SECRETARIAL 203.25 004450 - TOM THUMB, INC. 1.78 004530 - TURF SUPPLIES, INC. 3,230.45 004540 - TWIN CITY GARAGE DOOR CO., INC. 275.62 004573 - U.S.A. LIGHTS, INC. 190.33 004609 - UNITED WASTE SYSTEM 90.30 004640 - UNIVERSITY OF MINNESOTA 40.00 004670 - US WEST COMMUNICATIONS 79.37 004710 - VASKE, MARY 122.15 004730 - VIKING SAFETY PRODUCTS, INC. 259.45 004761 - WALLIN VIDEO PRODUCTIONS, INC. 326.15 004780 - WASTE MANAGEMENT BLAINE 111.65 004810 - WHITE BEAR TOWNSHIP 992.00 004837 - WOODLAKE SANATATION - BFI 294.35 Page: 4 Date: 06/05/96 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004850 - WYLAND, CATHY 004860 - WYLAND, MARY KAY 004890 - ZARNOTH BRUSH WORKS, INC. 900006 - TURNQUIST, TIM 900007 - SCIENCE MUSEUM OF MINNESOTA 900008 - RYDLUND, BRIAN 900009 - POETSCHKE, JOACHIM 900010 - ORIGINALS, THE 900011 - FARRINGTON, KRISTI 900012 - CHAMBERS, MARY 900013 - BRUBAKER, JASON 900014 - ANDERSON, KIM/TIM 900015 - MINNESOTA ENVIRONMENTAL INITIATIVE 797.79 63.25 345.06 5.00 218.00 5.00 8.25 700.00 5.00 35.00 25.00 10.00 60.00 Total for Checking Account: 1010 552,756.95 ** Total ** $552,756.95 STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 3 Randy Schumacher, City Administrator 7 June 1996 Drug and Alcohol Policy Please find attached Resolution 96-56 listing why it is important to adopt a City wide Drug and Alcohol Policy. This is not to be confused with the Federal Highway Drug and Alcohol Testing Policy that was adopted by the City earlier this year for Commercial Driver's License holders. This policy outlines employee's rights, delineates procedures, and state the City's stand as a drug and alcohol free work place, 1. Approve the Drug and Alcohol Policy Modify the Policy 1. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-56 RESOLUTION ADOPTING A CITY WIDE DRUG AND ALCOHOL POLICY WHEREAS, The City of Lino Lakes has pledged to create a drug and alcohol free working environment for its' employees, and WHEREAS, The City of Lino Lakes has a responsibility to ensure the health and safety of its' citizens, employees, and property, and WHEREAS, The City of Lino Lakes needs a policy that lays out policies and procedures designed to clearly defines rights and responsibilities, and WHEREAS, The attached policy has been drafted to balance the employee's rights against the rights of co-workers and the community, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, that the attached Drug and Alcohol Policy be adopted. Adopted by the Lino Lakes City Council this 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against the same: Whereupon said resolution was declared duly passed and adopted. CITY OF LINO LAKES DRUG AND ALCOHOL POLICY ESTABLISHED BY RESOLUTION - 28 MAY 1996 (to be incorporated into employee handbook) Drug Testing The Drug Testing Policy shall be as follows: A. Purpose The City is adopting a drug testing policy not out of distrust of the employees, but rather to provide a better working environment for employees, protection of the community, and to protect the health of the individual employee. B. Policy To protect the health and safety of employees and the public, it is the policy of the City that all its employees be drug and alcohol free in the workplace. This policy has been drafted to balance the individual employee's rights against the rights of co-workers and the community. C. Definitions 1. Confirmatory Test Confirmatory Retest. "Confirmatory test" and "Confirmatory retest" means a drug or alcohol test that uses a method of analysis approved by the Minnesota Department of Health as reliable for providing specific data as to the drugs, alcohol, or their metabolites detected in an initial screening test. 2. Drug. "Drug means a controlled substance as defined in Minnesota Statute 152.01, Subd. 4. 3. Drug and Alcohol Testing. "Drug and alcohol testing" means analysis of a body component sample approved by the Minnesota Department of Health for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. 4. Initial Screening Test. "Initial screening test" means a drug or alcohol test which uses a method of analysis approved by the Minnesota Department of Health as being capable of providing data as to general classes of drugs, alcohol, or their metabolites. 5. Positive Test Result. "Positive test result" means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection level set by the Minnesota Department of Health. 6. Reasonable Suspicion. "Reasonable suspicion" means a basis for forming a belief based on specific facts and rational inferences drawn from these facts. 7. Safety Sensitive Position. "Safety sensitive position" means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. 8. Random Selection Basis. "Random Selection Basis" means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. D. Drug and Alcohol Testing No person will be tested for drugs or alcohol under this policy without the person's consent. The City will request or require an individual to undergo drug and alcohol testing only under the circumstance described in this policy. 2. If any employee refuses to undergo drug or alcohol testing requested or required by the City no such test will be given, and the employee may be discharged from employment on grounds of insubordination. E. Job Applicants 1. The City will require a job applicant to undergo drug and alcohol testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position. 2. A job applicant's refusal to submit to drug and alcohol testing will be considered a withdrawal of the application. 3. The job offer may be withdrawn based on a positive test result from an initial screening test that has been verified by a confirmatory test. 4. The City has the right to determine which positions within the City may require drug and alcohol testing prior to hiring. 5. If the job offer is withdrawn for failure to pass a drug and alcohol test, the City will inform the applicant in writing of the reasons for its action. F. Reasonable Suspicion Testing 1. The City may require an employee to undergo drug and alcohol testing if there is reasonable suspicion that the employee: a. Is under the influence of drugs or alcohol b. Has sustained a personal injury arising out of and in the course of employment, or has caused another person to sustain a personal injury. c. Has caused a work-related accident or was operating or helping to operate equipment or vehicles involved in a work-related accident. d. Has violated any City Department's work rules or any section of the City Personnel Policy. e. Has discharged a firearm other than: 1) During a firearm training exercise or firearm testing on an established firing range. 2) When shooting sick or injured animals. 3) While engaged in recreational hunting or shooting. G. Routine Physical Examination Testing 1. The City may request or require an employee to undergo drug and alcohol testing as part of a routine physical examination provided the drug or alcohol test is requested or required no more than once annually and the employee has been given at least two weeks' written notice that a drug or alcohol test may be requested or required as part of the physical examination. H. Random Testing 1. The City may request or require any employee in a safety sensitive position to undergo drug and alcohol testing on a random selection basis. I. Treatment Program Testing 1. An employee who has been referred for a chemical dependency evaluation and/or treatment program may be required, during the treatment period and for a period of up to two years after completion, to undergo testing without notice. J. Procedure 1. Before requesting an employee or job applicant to undergo drug or alcohol testing, the employee or job applicant shall be provided with a copy of the City Drug and Alcohol Testing Notification Form. On the form the employee or job applicant will indicate the following: a. That the employee or job applicant has seen the policy on Drug and Alcohol Testing. b. That the employee or job applicant has listed all over -the - counter or prescription medications that the employee or job applicant is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive drug or alcohol test result. 2. The employee or job applicant shall furnish the City with documentation from a physician regarding prescription drugs listed on the Drug and Alcohol Testing Notification Form, or additional information supplied pursuant to paragraph I of this section. 3. Blood samples shall be obtained in a hospital or medical clinic setting. Urine samples shall be obtained in a restroom at a location determined by the supervisor. The procedures for obtaining a sample shall insure privacy to the employee or job applicant to the extent practicable, consistent with preventing tampering with the sample and shall conform to the applicable rules of the Minnesota Department of Health. 4. Each test sample shall be sealed into a suitable container free of any contamination that could affect test results and be immediately labeled with the employee's or job applicant's name, be initialed by the employee or job applicant, and be signed and dated by the person witnessing the sample. 5. A written record shall be maintained that complies with the rules adopted by the Minnesota Department of Health pertaining to the chain of custody of the sample. 6. All drug and alcohol testing shall use the services of a testing laboratory licensed by the Minnesota Department of Health. 7. Retention and storage procedures shall comply with the rules adopted by the Minnesota Department of Health, and all samples that produce a positive test result shall be retained and properly stored for at least six months. 8. Within three working days after receipt of a test result from the testing laboratory, the employee or job applicant shall be informed in writing of a negative test result on an initial screening test or of a negative or positive result on a confirmatory test and the right provided in paragraph J of this section. In the case of the positive test result on a confirmatory test, the employee or job applicant shall also be informed in writing of the rights provided in paragraphs I and K of this section. 9. Within three working days after a notice of a positive test result on a confirmatory test, the employee or job applicant may submit information, in addition to any information already submitted on the Alcohol and Drug Testing Notification Form, to explain the test result. 10. An employee or job applicant has the right to request and receive a copy of the test result report on any drug and alcohol test. 11. An employee or job applicant may request a confirmatory retest of the original sample at the employee's or job applicant's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the employee or job applicant shall notify the City in writing addressed to the attention of the City Manager, of the employee's or job applicant's intention to obtain a confirmatory retest, or it is deemed waived. Within three working days after receipt of the notice, the City shall notify the original testing laboratory that the employee or job applicant has requested the laboratory to conduct a confirmatory retest or transfer the sample to another laboratory licensed by the Minnesota Department of Health to conduct a confirmatory retest. The original testing laboratory shall insure that the chain of custody procedures are followed during transfer of the sample to the other laboratory. The confirmatory retest must use the same drug or alcohol threshold detention levels as used in the original confirmatory test. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee or job applicant. K. Discipline or Discharge 1. On the basis of one positive test result on a confirmatory test, the employee may be disciplined. Discipline may include, but is not limited to, the following: a. Transfer b. Demotion c. Suspension 2. An employee may be required to undergo chemical and/or psychological assessment and required to follow the assessor's recommendations as a condition for continued employment. The employee shall furnish a copy of the chemical and/or psychological report to the City. 3. An employee may be discharged after two incidents resulting in positive confirmatory test results. 4. An employee may be discharged on the first positive confirmatory test result only under the following conditions: a. The employee has been given the opportunity to participate in, at the employee's expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency. b. The employee has either refused to participate in the counseling program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program. 5. The City may temporarily suspend the tested employee or transfer that employee to another position at the same rate of pay pending the outcome of a confirmatory retest, provided the City believes that it is reasonably necessary to protect the health or safety of the employee, other employees, or the public. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the confirmatory retest or requested confirmatory retest is negative. L. Confidentiality and Privilege 1. Test result reports and other information acquired in the drug or alcohol testing process are considered private data on individuals as defined in Minnesota Statute 13.02, subd. 12. 2. Test results and other information acquired in the drug or alcohol testing process shall not be disclosed to a third party individual, governmental agency, or private organization without the written consent of the employee or job applicant. 3. Notwithstanding paragraphs A and B of this section, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit or the United States Government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; (3) disclose to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee; and (4) to the consulting or treatment professional or drug evaluator. 4. Positive test results acquired under this drug and alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested. M. Appeal Process 1. When disciplinary action has been taken pursuant to this policy, the employee may have appeal procedures available under the terms of a labor agreement,or under the terms of the City Personnel Policy 2. An employee who is a veteran may have additional rights under the Veteran's Preference Act, Minnesota Statute 197.46. CITY OF LINO LAKES DRUG AND ALCOHOL TESTING NOTIFICATION FORM The undersigned employee/applicant acknowledges receiving a copy of, reading and understanding the City of Lino Lakes Policy on Drug and Alcohol Testing. The undersigned employee/applicant should list below all the over-the-counter or prescription medications that are currently being taken, or have been taken, or any other information relevant to the reliability of, or explanation for, a positive drug or alcohol test result. Signature Witness Date AGENDA ITEM # +A STAFF ORIGINATOR: Jackie Constant DATE: June 6, 1996 TOPIC: Consideration of haulers license for United Waste Systems of Minnesota, Inc. BACKGROUND United Waste Systems has acquir he a , anitation a` licensed e C is tial/commerci. haule t :aiid '1 61:$)1110110 r n'ra, ,.;,ive aired = . isl .,T.,.4411-WF!r/ ,Or lit- E 4's'i L. ti .-, Et � C�s"st. r:} tl%li itti;t 6 e;:ltiyliC_ sli' 1)itei 4�f si . ,.. 04:3. l'it:, 1,4stit'ltiwc lltekt-:4.1,.iiYle iil ?, ;e)6(sl ',+r�yFo itc:),W,.; i-- t4s)tk n -44.:)i Yt:recto tit►C:.� elr v.:t1 47'' iii. t: Lot afs tlt(etii Lltlir ,.sl 'stIt:�sii� a3:)l::si:ittl ):t,' ,11,1)111101>/1 :1 !(c?e?t1,:• :ii}r)I(t •i i)1, :tell ki :-1., itC: s.sltllitgl : !)!Letvw.lt iFl a :Ye'stltf lals i iY.)' ttsll -rti:t :lei :roteEi4(e1t1:1r ii ltit:?t 61`s 1ii:` :IV/ 1)111 iYt.} r..ipklwvei :111 �.tlyRltt i1s1►1tae 2. Refer back to staff for CITY OF LINO LAKES RESIDENTIAL SOLID WASTE HAULER LICENSE APPLICATION Licensee Information Business Name:___ ' b P 5V..1e)i S OF Jit NTelephone: 4 2 9- 6 7 T h Business Address: 8678 No 75th Street Stillwater, Mn 55082 LicenseeName: United Waste Systems Of Mn. Inc. Licensee Address:__ 8678 No. 75th Street Sti 11watPr, Mn 554R2 Legal Status (Check appropriate box) Is the licensee a: ❑X Corporation [] Individual Proprietor ❑ Partnership If the licensee is a corporation, state here the corporate name, address, president, and state of incorpo- ration. If the licensee is a partnership, state here the name and address of all partners. 11 ■ U . . - 4 8678 No. 75th Street Stillwater. Minn 5j082 John Milne President Minnesota Minnesota. Business ID No./Social Security No: 8852654 /476- 76- 7160 J [Minn. Stat. Setet:on 270.72 Subs. 4 requires the pr�mn�s social -security andl.eq and'mousiness identification number be provided on all license applications. This information is to be provided by the licensing agency to the Commissioner of MN Dept. of Revenue upon request.] . Responsible Contact Person: Jeffrey T. G l e w w e Address: 8678 No. 75th Street Bus. Phone: 429-6766 Stillwater, Mn 55082 Res. Phone: (612) 686-6477 Where are the following located: a. Vehicles and Equipment Storage and Servicing: 8678 N o. 75th Street Stillwater, Mn 55082 b. Business Records: Same as above c. Recycling Processing Facility: W P y P r h p P„ s P r R A r•y c l i n -g N. F. u . . Service information Do the charges for collection of residential solid waste vary with the volume of the waste collected? x Yes No Describe charges (may attach fee schedule): SQp attached 1 ict. List the license numbers of the truck(s) to be licensed: YA-B2215- YA-A6468 MQ Y 0 6 1 a[_P Insurance Information Copies of insurance policies must be attached to this application as proof of compliance with tilt. insurance requirements as 'stated in the Lino Lakes Solid Waste Collection Ordinance. .�.R:�ee+ace•.nwFaa� ��.. tts8 r0„1Sia sttlha= «t• n k gig 0 90. Return completed license application forms to : City Clerk City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 AGENDA ITEM # 4.6 STAFF ORIGINATOR: Jackie Constant DATE: June 6, 1996 TOPIC: Consideration of an Agreement with Anoka County for Multi Unit Residential Recycling BACKGROUND Please find attached an Agreement for Multi -unit Residential Recycling executed by Anoka County. This agreement is the result of a grant available to municipalities to provide financial assistance to the city in the promotion of multi -units. The city will have the condominium development on Lake Drive as the first multi -unit development. The agreement allows for the reimbursement of $810.00 for containers and promotional advertising expenses. This agreement is in addition to the standard residential recycling agreement. OPTIONS 1. Approve the Multi -Unit Residential Recycling Agreement. 2. Refer back to staff for further consideration. RECOMMENDATION Option 1. Approval of the Agreement for Multi -Unit Residential Recycling Agreement. Anoka County Contract/1960079 AGREEMENT FOR MULTI -UNIT RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and effective as of the 18th day of July, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the City of Lino Lakes hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has allocated $96,000 from landfill surcharge revenue for multi -unit residential recycling programs; and WHEREAS, Landfill abatement is an authorized use of these monies; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing funds to cities and townships in the County for multi- unit residential recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement multi -unit residential recycling programs in the Municipality. 2. TERM. The term of this Agreement is from July 18, 1995 through December 31, 1996, unless earlier terminated as provided herein. 3. DEFINITIONS. The following definitions shall apply to this agreement: A. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. B. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. C. "Dwelling Unit" is a single unit of housing, whether freestanding or within a building containing other dwelling units, providing independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. D. "Multi -unit residential recycling program" is a program serving apartment complexes, including condominiums, with four or more dwelling units or mobile home parks. 4. PROGRAM. The Municipality shall develop and implement a multi -unit residential recycling program in accordance with the plan attached and incorporated as Exhibit A and program guidelines attached and incorporated as Exhibit B. 5. REPORTING. The Municipality shall submit the following to the County: A. A final report on the report form provided by the County on December 31, 1996. The final report will include the total amount requested for reimbursement with receipts or purchase orders attached and a summary of the program. B. Information regarding any revenue received from sources other than the County for the Municipality's multi -unit residential recycling program. C. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its multi -unit residential recycling program. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for activities no later than December 31, 1996. Costs not billed by December 31, 1996, will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses up to the project maximum amount of $810 as outlined in Amendment A. 8. RECORDS. The Municipality shall maintain fmancial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to fmal expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.919, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. A. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. 2 B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least on conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. I. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners". 3 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERNIINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. 4 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF City of Lino Lakes By: By: Dan Erhart Anoka County Board of Commissioners Name: Date: Title: ATTEST: Date: John "Jay" McLinden Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 5 Multi -unit Recycling Action Plan City/Township of 2t)_) (A 3 Developed by Date Date/rpt/r, The Cit /Townshi of lid � k S will provide recycling assistance to City/Township 1 P Y g /-� apartment units. A multi -unit task force was set up on -// A maximum budget of $ L/(, is determined by /35- units x $6 per unit. Containers 1 `5 # containers x $ Q) # containers x $ Promotions) 1.3 � # brochures x $ per container = per container = $ 00 per piece = $ /36 CO Grant total requested for multi -unit recycling = $/4, ,,J» Th,f1 f1 l � G�` �7 � (t // thr)- {i if c MULTI -UNIT TASK FORCE MEMBERS Name /ori Multi -unit Managers Address Anoka County Contract #960079 AGREEMENT FOR MULTI -UNIT RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and effective as of the 18th day of July, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the City of Lino Lakes hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has allocated $96,000 from landfill surcharge revenue for multi -unit residential recycling programs; and WHEREAS, Landfill abatement is an authorized use of these monies; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing funds to cities and townships in the County for multi- unit residential recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement multi -unit residential recycling programs in the Municipality. 2. TERM. The term of this Agreement is from July 18, 1995 through December 31, 1996, unless earlier terminated as provided herein. 3. DEFINITIONS. The following defmitions shall apply to this agreement: A. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. B. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. C. "Dwelling Unit" is a single unit of housing, whether freestanding or within a building containing other dwelling units, providing independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. D. "Multi -unit residential recycling program" is a program serving apartment complexes, including condominiums, with four or more dwelling units or mobile home parks. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least on conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. I. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners". 3 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF City of Lino Lakes By: By: Dan Erhart Anoka County Board of Commissioners Name: Date: Title: Date: ATTEST: John "Jay" McLinden Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 5 Multi -unit Recycling Action Plan City/Township of )//1 i Developed by /i')/ ?5-//,: u r Date ' /( /� 6 - The City/Township of 1) n i (moi S will provide recycling assistance to %E apartment units. A multi -unit task force was set up on A maximum budget of $ j'// ) is determined by /, 5 units x $6 per unit. Containers # containers x $ - a.) per container = $ 75'10 # containers x $ per container = $ Promotion0/ 1.-'3 # brochures x $ / `) per piece = $ lair 0_) $ =$ _$ Grant total requested for multi -unit recycling = $P4td(.) OLL' C!K)/ r)-)1it--/ // It/ (Pi MULTI -UNIT TASK FORCE MEMBERS Anoka County Contract #960079 AGREEMENT FOR MULTI -UNIT RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and effective as of the 18th day of July, 1995, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the City of Lino Lakes hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has allocated $96,000 from landfill surcharge revenue for multi -unit residential recycling programs; and WHEREAS, Landfill abatement is an authorized use of these monies; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing funds to cities and townships in the County for multi- unit residential recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement multi -unit residential recycling programs in the Municipality. 2. TERM. The term of this Agreement is from July 18, 1995 through December 31, 1996, unless earlier terminated as provided herein. 3. DEFINITIONS. The following definitions shall apply to this agreement: A. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. B. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. C. "Dwelling Unit" is a single unit of housing, whether freestanding or within a building containing other dwelling units, providing independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. D. "Mniti-unit residential recycling program" is a program serving apartment complexes, including condominiums, with four or more dwelling units or mobile home parks. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least on conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. I. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners". 3 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF City of Lino Lakes By: By: Dan Erhart Anoka County Board of Commissioners Name: Date: Title: ATTEST: Date: John "Jay" McLinden Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 5 Multi -unit Recycling Action Plan City/Township of 2/R (' AY 3 Developed by Date L'' The City/Township of 1 1 �?:� L± �c will provide recycling assistance to apartment units. A multi -unit task force was set up on -/ "Yi/�// A maximum budget of $ 7//) ) is determined by 15 units x $6 per unit. Containers . --Y�T # containers x $ , ()' per container = $ 5,10 # containers x $ per container = $ Promotion/6 J .-'3 5 # brochures x $ (36 per piece = $ /36; i) =$ Grant total requested for multi -unit recycling = $ Z/4,(_,J0 /fv-Cu• C1 k1Z-W-2i'r/ - Cv /eL h% ) -e"7 ( // )�r-� )r MULTI -UNIT TASK FORCE MEMBERS Multi -unit Managers Name Address Phone /) // / i t lii L?/ 1 f l t l A' ‘i z7 'T14-2- .*A •;)x -I -P 1 AGENDA ITEM cr STAFF ORIGINATOR: Randy Schumacher DATE: TOPIC: June 5, 1996 Approving a contract with Anoka County for computer on- line access to the County's property records. Anoka County is allowing municipalities within the County to have direct computer access to the property records. The City is required to provide the hardware. We currently have what is needed with no extra expenses. The County is providing this service free of charge. The City will be able to view the most current records including: owner, legal descriptions, values, etc. We will not have the ability to change anything. 1. Approve the contract. Reject the contract. Option 1 TO: FROM: RE: Anoka County. Property Records & Taxation Memorandum Those Interested in Access to the TAXSYS System Pam LeBlanc Draft License Agreement for Access to the TAXSYS System you have any questions or are interested in entering into such an a ease contact bne bf the individualslisted_below alien ='323-5425 Director, Property Records & Public Service aren Frank 323-5433 Systems Administrator, Property Records & Taxation Pl Attachment LICENSE AGREEMENT FOR ACCESS TO THE TAXSYS SYSTEM THIS AGREEMENT is made and entered into this day of , 1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, the County maintains and operates an integrated computer system comprised of hardware, software, and data, relating to the valuation, assessment, calculation, and collection of property taxes on real property located in Anoka County, Minnesota, which is hereinafter referred to as the TAXSYS System; and WHEREAS, the Municipality desires to have direct access via remote computer terminals to the TAXSYS System; and WHEREAS, the County agrees to allow the Municipality file inquiry access via remote terminals to the TAXSYS System, subject to the terms and conditions contained herein. NOW, THEREFORE, it is mutually stipulated and agreed as follows: I. GRANT OF LICENSE The County hereby grants to the Municipality a license to access the TAXSYS System and certain specified information contained therein, subject to the terms and conditions contained in this Agreement. A. Access to Information: Pursuant to this License Agreement, the County will permit the Municipality file inquiry access only to specified TAXSYS System screens and data elements contained therein. The County specifically retains the right to determine, in its sole discretion, what TAXSYS information will be accessible, how it will be accessed, and the format by which the information will be accessed by the Municipality. The specific TAXSYS System screens and data elements contained therein, accessible to the Municipality as of the date of this Agreement, are described and depicted in Exhibit A, which is attached hereto and incorporated herein by reference. The County specifically retains the right to, in its sole discretion, add to or delete from Exhibit A the TAXSYS System screens and/or data elements which may be accessed by the Municipality. The County shall, on a periodic basis, provide the Municipality with a current listing of the TAXSYS System and data elements screens which may be accessed by the Municipality under this Agreement. The Municipality's right of access is specifically limited to TAXSYS System screens for that Municipality's accounts or parcels. B. Hours of Availability: Access to the TAXSYS System shall be limited to the normal business hours observed by the County at the Anoka County Government Center, which is as follows: 1. Monday through Friday, 8:00 a.m. to 4:30 p.m. 2. Access will not be available on holidays or other days off observed by the County. 3. With prior approval by the County and subject to TAXSYS System capacity and/or availability, access may be provided outside of the County's normal business hours. 4. The County reserves the right to change its business hours. C. Reduction and Interruption of Access: It is understood and agreed that if it is determined by the County that it is necessary to reallocate time and capacity utilization of the TAXSYS System in order to properly carry out County business or provide access to the TAXSYS System to other entities, the County may, in its sole discretion, reduce or limit the Municipality's access as the County may deem appropriate. The County, in good faith, shall endeavor to notify the Municipality prior to any such access interruption or reduction, whenever the County determines that circumstances permit such notification. The County shall not be liable to the Municipality or any other party for damages of any kind resulting from or related to the interruption or reduction of access to the TAXSYS System. The Municipality shall designate a contact person in its organization for purposes of County notification in case of variation in operating hours and reduction or interruption of access. II. HARDWARE AND SOFTWARE REQUIREMENTS The Municipality shall be solely responsible for the cost of obtaining, connecting, and maintaining all hardware, software, and telecommunication services or equipment necessary to connect to the 2 TAXSYS System. The County specifically retains the right to determine, in its sole discretion, the number and type of devices that the Municipality can connect to the County's host system. Exhibit B, which is attached hereto and incorporated herein by reference, outlines the minimum hardware and software specifications that must be adhered to by the Municipality when connecting to the TAXSYS System. Any exceptions to these standards must be authorized in writing in advance by the Director of Management Information Services for the County. The County assumes no responsibility for diagnosing or correcting any difficulties associated with the Municipality's hardware, software, and telecommunications service or equipment. The County will, resources permitting, assist the Municipality with diagnosing access problems the County believes may be caused by County hardware, software or telecommunications hardware or software. Neither the furnishing of the information described in Exhibit B nor providing assistance in diagnosing problems shall in any manner be construed as an expression of the County's guarantee or warranty of the equipment's quality, performance or compatibility with the TAXSYS System and it is agreed that the County shall incur no liability whatsoever with respect to furnishing or providing such information or assistance. III. SECURITY The Municipality shall adhere to the following security measures to ensure that unauthorized use of the TAXSYS System does not occur: A. The Municipality shall be assigned a System Access Password by the County. The Municipality shall provide to the County's Director of Management Information Services the names of Municipality employees who will be authorized users of the TAXSYS System. Each authorized user will be provided a TAXSYS System password by the County. If an employee should terminate service with the Municipality, the Municipality shall immediately notify the County's Director of Management Information Services so that passwords may be changed to preclude unauthorized use. To protect against unauthorized use, passwords may be changed on a quarterly basis and coordinated through the Director of Management Information Services. B. This Agreement authorizes the Municipality access only to those data TAXSYS System screens and data elements described herein. Any attempt by the Municipality, its employees or other individuals using the Municipality's equipment and/or access passwords, to access other information or applications in the TAXSYS System, or any other County system, shall be considered a violation of this Agreement, upon the occurrence of which the County may, in its discretion, unilaterally terminate this Agreement. 3 IV. COSTS The Municipality shall be solely responsible for the costs of all hardware, software, and telecommunications hardware and services which may be necessary to connect the Municipality's terminal with the County's TAXSYS System. In addition, the Municipality shall pay to the County a monthly charge for each addressable device connected to the TAXSYS System. The County reserves the right to establish and amend the monthly charges upon one year written notice to the Municipality. The original monthly charge to be paid by the Municipality is set forth in Exhibit C, which is attached hereto and incorporated herein by reference. V. OWNERSHIP, RESALE, AND USE OF INFORMATION It is expressly understood and agreed that the format of the screens and the manner in which the data and information is displayed and generated by the TAXSYS System is the property of the County, and that the Municipality does not obtain any ownership or proprietary interest in the same as a result of entering into this Agreement. It is further understood andd" agreed that access to the information generated by the TAXSYS System and made available to the Municipality through this Agreement is to be used by the Municipality solely for its own use and that resale of this information or granting access to the TAXSYS System to any other party is expressly prohibited by this Agreement. Notwithstanding anything herein to the contrary, the Municipality may provide a copy of an accessible screen to the general public, provided that the Municipality charges only a nominal fee for the copy. VI. PERFORMANCE; ACCURACY OF INFORMATION; WARRANTY A. The County does not warrant or guarantee the performance of the TAXSYS System or the accuracy of the information therein. It is specifically understood and agreed to by the Municipality that additions, changes and adjustments are made to the TAXSYS System which my effect the accuracy of the information made available to the Municipality. Accordingly, inaccuracies, errors, and/or omissions may occur in the information available through the TAXSYS System. B. Furthermore, the Municipality specifically understands and agrees that the services furnished under this Agreement are subject to the temporary or permanent inability of the County to furnish either, and are also subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtime, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the County shall endeavor in good faith to maintain a high degree of accuracy and efficiency for the services provided hereunder, the sole and exclusive remedy for any breech of this Agreement by the County and for County liability at any time 4 whatsoever, including but not limited to liability or non-performance for any deficiencies with respect to said services, shall be limited to diligently restoring the services and/or deficiency of said service. C. The information furnished through the TAXSYS System has been and shall be obtained from the County's records and is believed to be reliable. However, the accuracy, completeness, timeliness or correct sequence of the information is not guaranteed by the County. There may be delays, interruptions, omissions or inaccuracies in the receipt of public information. The Municipality agrees that the County shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the data or for any decision made or action taken by the Municipality or anyone who receives information from the Municipality and acts in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY OR RELIABILITY INFORMATION OR ANY ASPECT OF THE SERVICE PROVIDED HEREIN. VII. CHANGE OF TAXSYS SYSTEM The Municipality understands and agrees that the County may change, modify, and/or replace the TAXSYS System and any components thereof, and that any such change could possibly extinguish and or impair the compatibility between the Municipality's equipment and the TAXSYS System, thus necessitating, perhaps, the replacement of, changes to, and/or modification of the Municipality's equipment to access the TAXSYS System; and that, in any such event, the County shall not be liable for the costs and/or damages which may be sustained by the Municipality which are, in any respect, associated directly or indirectly with any or all of the foregoing occurrences, and that the Municipality shall bear the full costs thereof. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other loss or any other type of damages relating to the Municipality's use of the TAXSYS System. VIII. TAXES The Municipality agrees that during the term of this Agreement, in addition to the fees or other charges provided herein, the Municipality shall promptly pay all taxes, assessments, and other governmental charges, if any, levied or assessed upon the services furnished hereunder to the Municipality, and the Municipality shall promptly pay or reimburse the County for all taxes levied or assessed against and paid by the County on account of its furnishing services to the Municipality hereunder. 5 IX. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than one (1) year written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. X. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to Dale Kolstad, Director of Management Information Systems, Anoka County Courthouse, 325 East Main Street, Anoka, Minnesota 55303, on behalf of the County, and on behalf of the Municipality. XI. INDEMNIFICATION: The Municipality shall defend, indemnify, and save the County harmless from any liability, claims, damages, judgments, costs (including reasonable attorneys fees), demands or actions arising, directly or indirectly, • or related to obtaining, use, and/or possession of the information provided hereunder; the Municipality's access to the computer system, use or operation of the Municipality's equipment; and from all loss or liability by reason of failure of the Municipality, in any respect, to perform fully or observe all obligations under this Agreement. XII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. 6 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: By: Dan Erhart, Chairman County Board of Commissioners Name: Dated: Title: Dated: ATTEST By: By: John "Jay" McLinden County Administrator Name: Dated: Title: Dated: APPROVED AS TO FORM By: By: Dan Klint Municipality Attorney Assistant County Attorney Dated: -7 Dated: EXHIBIT A TAXSYS Screens available for inquiry EXHIBIT B Minimum Hardware and Software requirements for connection to TAXSYS First Addressable Device: 1. A DOS compatible PC with a 386 processor 2.4meg ofram 3. 9600 baud modem 4. PC anywhere (furnished by County) Additional Addressable Devices: Due to the uniqueness of each jurisdictions existing hardware and software configurations and the County's internal network communications standards, minimum hardware and software requirements for multiple addressable devices connected to TAXSYS must be determined individually. Therefore, minimum requirements will not be defined here but it will be the jurisdictions responsibility to contact the Property Records and Taxation Systems Administrator to determine what their requirements will be depending on their needs. EXHIBIT C Monthly charge for connection to TAXSYS: First addressable device no charge. $50/month for each additional addressable device. FAX COVER PAGE To 1 \\ V\ Company: From: Department: A ,4„,.\•,v, Fax Number. L a 1_ Number of Pages ( Including Cover ): Date: L J `t. Time: a • Message: bits, \)3r6LcQ 3);)ks FAX: (612) 464-4568 IT THERE IS A PROBLEM WITH TRANSMISSION, PLEASE CALL. 1189 MAIN STREET LINO LAKES, MN 55014 VOICE/TDD: (612) 464-5562 06/05/96 WED 16:16 FAX 6124644568 CITY OF LINO LAKES IJ001 ***************************************** *** ACTIVITY MANAGEMENT REPORT RX *** ***************************************** ***************************************** *** ACTIVITY MANAGEMENT REPORT TX *** ***************************************** ST. TIME CONNECTION TEL/ID ST. TIME CONNECTION TEL/ID SENDER NAME NO. MODE *06/04 15:10 PGS. RESULT *06/04 13:55 4214213 2 0273 TRANSMIT ECM 6 OK 02'09 *06/04 14:25 7800901 *06/04 16:13 0275 TRANSMIT ECM 3 OK 00'58 *06/04 14:27 7847227 0276 TRANSMIT ECM 3 OK 01'06 *06/04 14:38 7800605 AUTO RX 0274 TRANSMIT OK 01'24 0 NG 00'00 5262 AUTO RX ECM 1 OK 00'46 *06/05 09:06 612 483 3134 0 #018 *06/04 14:54 4214213 *06/05 09:14 0277 TRANSMIT ECM 1 OK 00'38 *06/04 14:55 4649029 0278 TRANSMIT ECM 3 OK 01'17 *06/04 15:00 7800901 AUTO RX 0279 TRANSMIT ECM 1 OK 01'22 *06/04 15:13 TAUTGES, REDPATH 1 0280 TRANSMIT ECM 1 OK 00'30 G3 2 4265004 *06/05 13:32 5269 AUTO RI G3 1 *06/04 16:05 7808242 0281 TRANSMIT G3 3 OK 01'47 *06/04 16:34 7871897 0282 TRANSMIT ECM 7 OK 03'03 *06/04 16:49 4291242 0283 TRANSMIT ECM 2 OK 00'38 *06/05 06:17 4540170 0284 TRANSMIT G3 0 NG 00'52 0 ##102 *06/05 06:19 4540170 0285 TRANSMIT G3 1 OK 00'42 *06/05 06:21 4540170 0284 TRANSMIT G3 1 OK 00'42 *06/05 08:48 2920083 0286 TRANSMIT ECM 5 OK 01'01 *06/05 10:50 2811297 0287 TRANSMIT ECM 1 OK 00'24 *06/05 12:59 7800901 0289 TRANSMIT ECM 1 OK 00'29 *06/05 13:01 7847227 0288 TRANSMIT ECM 2 OK 00'50 *06/05 13:17 17087945296 0290 TRANSMIT ECM 1 OK 00'32 *06/05 13:41 7672295 0291 TRANSMIT 0 NG 00'00 0 STOP *06/05 13:45 7672295 0292 TRANSMIT ECM 1 OK 00'34 *06/05 13:56 SCHERER BRO CORP 0293 TRANSMIT ECM 2 OK 00'39 6270879 *06/05 14:07 TAUTGES, REDPATH 0294 TRANSMIT ECM 1 OK 00'27 4265004 06/05 15:22 5959837 0295 TRANSMIT ECM 1 OK 00'22 06/05 15:24 784 _____ _ 0296 TRANSMIT G3 1 OK 00'55 06/05 16:11 4214213 0297 TRANSMIT ECM 12 OK 04'03 ***************************************** *** ACTIVITY MANAGEMENT REPORT RX *** ***************************************** ST. TIME CONNECTION TEL/ID RX NAME NO. MODE PGS. RESULT *06/04 15:10 7536281 5257 AUTO RX G3 2 OK 00'55 *06/04 15:39 612+338+1214 5258 AUTO RX G3 2 OK 01'24 *06/04 16:13 612 292 0083 5259 AUTO RX ECM 2 OK 00'52 *06/04 19:24 612 297 7547 5260 AUTO RX G3 5 OK 04'45 *06/05 07:56 612 323 2602 5261 AUTO RX ECM 2 OK 01'24 *06/05 08:03 6124211433 5262 AUTO RX ECM 1 OK 00'46 *06/05 09:06 612 483 3134 5263 AUTO RX ECM 2 OK 01'20 *06/05 09:14 708 579 2881 5264 AUTO RX ECM 2 OK 00'42 *06/05 09:57 421 4213 5265 AUTO RX ECM 5 OK 05'01 *06/05 10:38 612 730 1385 5266 AUTO RX ECM 5 OK 01'56 *06/05 12:35 421 4213 5267 AUTO RX ECM 1 OK 00'30 *06/05 12:54 612 452 5286 5268 AUTO RX G3 2 OK 01'47 *06/05 13:32 5269 AUTO RI G3 1 OK 01'13 *06/05 13:43 612 786 4166 5270 AUTO RX ECM 2 OK 01'05 AGENDA ITEM 6 STAFF ORIGINATOR: David Ahrens, Public Works Director/City Engineer DATE: April 19, 1996 TOPIC: Continuation of Public Hearing -12th Avenue and Holly Drive Improvements BACKGROUND: The public hearing for the proposed improvements to 12th Avenue and Holly Drive was continued from May 28, 1996. A verbal update MI be given at the Council Meeting. OPTIONS: 1. To continue the public hearing to June 24, 1996. 2. To close the public hearing. IA ITEM 7 STAFF ORIGINATOR David Ahrens. City, Engineer/Public Yorks Director DATE June 7. 19 Public Hearing TOPIC Otter Lake Road Realignment BACKGROUND: This project involves the realignment of Otter Lake Road (County Road 84) between Cedar Street and Main Street (CSAH 14). It will provide roadway access to the center of the Clearwater Creek Development Center and is proposed to be funded jointly with Anoka County. The City Council scheduled the Public Hearing for this project at the May 13, 1996 meeting. The proposed improvements and received. PTINS: The Public Hearing only will be hey, no action is requested. gents will be presented public input will be AGENDA ITEM 8 STAFF ORIGINATOR David Ahrens. City Engineer/Public Works Director DATE June 7. 1996 Public Hearing TOPIC Cedar Street Lift Station BACKGROUND: This project involves the installation of the Cedar Street Lift Station for the sanitary sewer to be located at the southeast comer of Cedar Street and Otter Lake Road (County Road 84). The proposed improvement will serve Sewer District No. 3 consistent with the Comprehensive Sewer Plan prepared in 1990. The Feasibility Report was received and the Punic Hearing for this project was set at the May 13, 1996 City Council meeting. The information contained in the Report will be presented and public input will be received. OPTIONS: The requested action will be addressed under the City Engineer's report. AGENDA ITEM 9 STAFF ORIGINATOR: Brian Wessel DATE: 6110/96 TOPIC: Second Reading: Ordinance No. 06-96 offering sale Apollo Business Park to Emergency Apparatus Maintenance BACKGROUND: This is the second reading required for the sale of 1 acre of owned portion of the Apollo Business Park. The city is sell`r the Klosner-Goertz building to Emergency Apparatus Maintenance to build a 6,000 square foot facility. Approve the second reading of Ordinance -No. 06-96 the Apollo Business Park PrVikrtY 2. Return to staff for further consideration RECOIMIDTION. Opti Councilmember introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06-96 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES A 1 -ACRE PARCEL OF LAND IN APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described Lot 1, Block 1, Apollo Business Park, Anoka County, Minnesota, (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to Emergency Apparatus Maintenance for $39,000 per acre. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. John L. Landers, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by councilmember and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on Second Reading Approved on , 1996 1996 Published in the official newspaper on , 1996 STAFF ORIGINATOR DATE TOPIC AGENDA ITEM #10A Mary Kay Wyland June 6, 1996 Rehbein Transit, 6298 Hodgson Road, Extension of Conditional Use Permit The Council approved a conditional use permit to allow the construction of a pole building to house buses at Rehbein Transit on May 22, 1995. Since that time, the Rehbeins have been working on the project but have not received loan approval to date. They have installed the trail as requested by the Council and some preliminary grading work. At this time, Rehbein Transit is requesting an extension of their Conditional Use Permit for 12 months. They do anticipate construction yet this Fall, but to be on the safe side they would like a 12 month continuation. Staff has reviewed this request and would recommend approval of a 12 month extension of the existing Conditional Use Permit. We would advise Council that the seven (7) conditions attached to that permit would still be valid and apply to the site. 1. Approve 12 month extension as requested._. 2. Return to staff for further review. Option 1 REHBEIN TRANSIT INC. School Buses for Charter and Daisy Routes 6298 HODGSONROAD June 3, 1996 City of Lino Lakes Attn: Mary Kay Wyland 484-1809 or 484-1852 CIRCLE PINES, MN. 55014 Due to a delay in the process of obtaining a loan for the building at Rehbein Transit Inc. We are asking for an extension on the Conditional Use Permit # from the City of Lino Lakes. Thank you in advance for your cooperation in this matter. 4-D/ Reid Rehbein, Sec/Treas Rehbein Transit Inc. RGR/bl •,‘b<1 v1'6, \r;\9\ /cc' ,U /C°' i STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 10 B Mary Kay Wyland June 6, 1996 Ordinance 96-03, Amending Section 506 of the City Code, Animal Ordinance_ The proposed animal ordinance is intended to address various animal concerns including number of dogs, wild animals, enforcement, kennels, licensing of cats. The Planning and Zoning Board reviewed the ordinance in July of 1995, set a neighborhood meeting for discussion, followed with another P & Z meeting in November of 1995, formed a committee to discuss the proposed ordinance, and ultimately recommended approval of the attached ordinance at their March P & Z meeting. Attached for Council information is a sheet which explains the main differences between the existing ordinance and the proposed ordinance. Staff will review these differences at the Council meeting. The Recommendation of the Planning and Zoning Board included the following: 1. Property of greater than one acre and less than five acres be allowed a maximum of 6 dogs in a private kennel. Properties of 5 acres and above allowed an unspecified amount of dogs to be kept in the kennel which will be specified at the time of the issuance of the Conditional Use Permit. 2. Three or more violations in one calendar year are grounds for revocation of the Conditional Use Permit. 3. No leash is required for cats which are kept indoors at all times. OPTIONS 1. Approve first reading of Ordinance No. 96-03. 2. Recommend changes to Ordinance No. 96-03 and for future date. 3. Return to staff for further review Option 1 or 2 KEY DIFFERENCES BETWEEN OLD/NEW ORDINANCE CURRENT ORDINANCE 54)(7 0 LIMIT OF TWO (2) DOGS PROPOSED ORDINANCE LIMIT OF TH (3) DOGS 0,s 5 PRIVATE KENNEL ONLY ON 5 PRIVATE KENNEL IN ALL ACRES IN RURAL/LI ZONING DISTRICT WITH CUP ZONING DISTRICTS WITH CUP (1 acrea of land) NO CAT REGULATIONS LICENSING OF CATS NO FECES DISPOSAL FECES DISPOSAL PS VAGUE NUISANCE DEFINITIONS SPECIFIC NUISANCE & & REGULATIONS DEFINITIONS & REGULATIONS DANGEROUS DOG/WILD ANIMAL DANGEROUS DOG/WILD ANIMAL �> REGULATIONS VAGUE MATCH STATE STATUTES Number of Lots Zoned R1 or R1 -X 2,835 Number of Lots Zoned R1 or R1 -X larger than 5 acres in size 44 Number of Lots Zoned R, R -BR or RX less than 5 acres in size 1,752 Number of Lots Zoned R, R -BR or RX greater than 5 acres in size 378 NOTE: These numbers are approximates CALLS OF SERVICE LINO LAKES POLICE DEPARTMENT 1994 1995 (1-1-95 thru 7-31) Dog at Large 71 Barking Dogs 54 Dog Complaints 130 56 Totals NUMBER OF KENNEL PERMITS 130 181 1993 1994 1995 7 6 5 NUMBER OF ANIMAL COMPLAINTS FOR KENNELS 1993 1994 1995 1 CITY DOG LICENSES ISSUED 1 0 1994 1995 395 167 * As of September 13, 1993 amended by ordinance all dog licenses expire the same day as the expiration of the rabies vaccination. AVERAGE TIME SPENT ON ANIMAL CALLS 1994 1.ICR# 94-007093 1/14/94 Dog @ Large 11:47-12:34 47 minutes 2.ICR# 94-026140 2/18/94 Contained Dog 16:00-16:20 20 minutes 3.ICR# 94-085672 5/26/94 Barking Dog 16:13-16:33 20 minutes 4.ICR# 94-112963 7/3/94 Dog @ Large 18:40-20:48 2Hrs.8 min 5.ICR# 94-162600 9/10/94 Contained Dog 14:18-15:06 48 minutes SUBTOTAL 263 Minutes div by 5 TOTAL 52.6 Minutes 1995 1.ICR# 95-016196 1/30/95 Dog @ Large 16:36-16:42 6 minutes 2.ICR# 95-030281 2/24/95 Injured Dog 23:44-00:25 41 minutes 3.ICR# 95-047991 3/25/95 Contained Dog 18:38-19:05 27 minutes 4.ICR# 95-055749 4/6/95 Barking Dog 19:25-19:31 6 minutes 5.ICR# 95-107132 6/20/95 Abandon Animal 18:28-19:00 58 minutes SUBTOTAL 138 Minutes div by 5 TOTAL 27.6 Minutes * 1994 Contracted with the Anoka County Humane Society (January - October 31, 1994) 1995 Contracted with Otter Lake Animal Care Center. 607. Kennels 607.01 Definitions. b<is-Vk,,, Subdivision 1. Doq. For purposes of 607.01 through 607.06, "dog" shall include all dogs over the age of six (6) months. Subd. 2. Private Kennels. The keeping of three or more dogs on the same premises, whether such dogs are owned by the same person or not, shall constitute maintenance of a dog kennel. A private kennel shall be limited to a maximum of 'four dogs at all times. Subd. 3. Commercial Kennels. All kennels where the owner(s) boards, raises, breeds, sells or otherwise cares for a dog(s) for a consideration. 607.02 -Licenses. Subdivision 1. License Required. No person shall maintain a kennel without having obtained a kennel license. Subd. 2. Dog License. Dogs kept in a licensed kennel shall not be required to be individually licensed pursuant to this code. 607.03 Requirements. Subdivision 1. Private Kennels. Private kennels shall be allowed only in the "S -R", "R" and "R -X", and heavy and light industrial districts after issuance of a conditional use permit by the city. Subd. 2. Commercial Kennels. Commercial kennels shall be only allowed in heavy and light industrial districts after issuance of a conditional use permit by the city. Subd. 3. Health, Safety and Welfare. No kennel license shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. Subd. 4. Land Requirements. Five acres of land required for private kennels in the "S -R", "R", and "R -X" districts. Subd. 5. Notification. Notification of public hearing for conditional use permit to operate a kennel must be sent to all property owners within 1,000 feet of a proposed kennel. 607.04 Conditions. Subdivision 1. Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition. 119 9 Subd. 2. Inspection. Every dog kennel shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. Subd. 3. Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the city. Subd. 4. Noise. No person maintaining a kennel shall permit the dogs kept there to make noise from any cause whatsoever, sufficient to constitute a public nuisance. 607.05 Nuisance. Subdivision 1. Any kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. 607.06 Grandfather Clause. Subdivision 1. All kennels which are validly located within the city prior to the adoption of this ordinance may. continue to exist as to size and present location, provided the kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. (Chapter 607 amended by Ordinance 13-84, passed December 27, 1984.) 120 6)(0 CITY OF LINd LAKES 1189 Main Street Lino Lakes, Minn. 55014 503. Farm Animals 503.01 Intent. It is the intent of this chapter to define guidelines for keeping farm animals on parcels of land within the city less than 10 acres in size; to facilitate distribution of animals within this city in such a manner as to prevent coincident and concurrent high-density populations of both residents and animals within the same geographical area by permitting animals to be kept on smaller parcels of land located in appropriately zoned areas; to minimize the risk of nuisances by limiting the total number of animals per acre and providing animal -specific nuisance guidelines; and to facilitate the enforcement of these regulations by providing for registration of parcels smaller than 10 acres on which the keeping of animals will be permitted. 503.02 Definitions. Subdivision 1. Animals. "Animals" means horses, mules, donkeys, cattle, sheep, swine, rabbits, skunks, foxes, raccoons, mink, and other similar animal beings which are endowed with the power of voluntary motion. Subd. 2. Fowl. "Fowl" means all birds of any kind including poultry, turkeys, chickens, ducks, geese, pigeons,. gallinaceous birds, and other similar birds. Subd. 3. Parcel of Land. "Parcel of land" or "parcel" means either: (1) A piece of contiguous real property under one title; or (2) A piece of contiguous real property under more than one title, provided the total area is at least 5 acres and no more than one residence or dwelling is constructed on the property. Subd. 4. Animal Unit. "Animal unit" means a unit of measure to compare differences in the production of animal wastes, which has as a standard the amount of waste produced on a regular basis by a. slaughter steer or heifer. For purposes of this chapter, .the following equivalnts apply: Species or Type Animal Units per of Animal Single Animal Slaughter Steer or Heifer 1.00 Horse 1.00 Pony 0.40 Mature Dairy Cow 1.40 Sheep 0.10 Goat 0.10 Turkey 0.018 Chicken 0.01 91 )/ r r Species or Type Animal Units per of Animal Single Animal Duck 0.01 Rabbit 0.05 Goose 0.02 Other Animals As determined by the Commission Subd. 5. At Large. An animal shall be deemed to be at large if it is not on the premises of or under direct control of its owner. Subd. 6. Commission. "Commission" means the Lino Lakes Commission for Non -Household Animal Control; created pursuant to 216. 503.03 Animals. Subdivision 1. Minimum Acreage. Except as provided by 503.04, no person shall keep or harbor animals, fowl, or bees in the city or permit the same to be done upon premises owned, occupied, or controlled by him, except upon a parcel of land containing 10 acres or more. Subd. 2. Exception. The provisions of Subdivision 1 shall not apply to cats, dogs, fowl, or other similar animals such as skunks, rabbits, raccoons, canaries, chickens, ducks and pigeons when kept as household pets. 503.04 Animals, Small Lots. Subdivision 1. When Permitted. Animals except swine, may be kept on parcels of land containing less than ten acres but containing a minimum of 2.5 acres in areas zoned "R" or "R -X", and a minimum of five acres in areas zoned "S -R" or "S -RX". Subd. 2. Registration Required. All parcels upon which animals are kept as permitted by Subdivision 1 shall be registered as provided by 503.05, unless the animal unit density is less than 0.2 per acre. Subd. 3. Maximum Density. The maximum animal unit density for parcels subject to 503.04 shall be 0.5 units per acre. 503.05 Registration. Subdivision 1. Information Required. Persons desiring to register land as required by 503.04 shall submit the following information to the clerk -treasurer: (1) Name and address of applicant; (2) A certified copy of title or deed to the parcel, or the previous year's tax statement for the 92 (3) parcel, or an original or certified copy of a purchase agreement for the parcel, or a lease agreement for the parcel; provided that any of the above must state the approximate parcel acreage or parcel dimensions such that the parcel acreage and location may be readily determined; A statement of animals to be kept on the parcel, including species, maximum number of each species, age, sex, color, markings, identifying brand or tattoo, or photographs of larger animals; (4) Plans concerning housing, fencing, and waste disposal or removal, including a sketch of proposed fence lines, barns, and other structures relative to property lines and existing structures on all adjacent property. Subd. 2. Inspection. The parcel and any proposed buildings shall be inspected by the city building inspector or his designated representative. Inspection shall be directed specifically toward: (1) Proximity of proposed animal housing areas to. residences, dwellings and wells; (2) Adjacent wetlands and waterways; (3) Potential drainage into adjacent wetlands and waterways. Notice of approval shall be forwarded directly to the clerk -treasurer by the building inspector within two weeks after the completed application is received. Re -inspection may be requested by the applicant after completion of all necessary corrections outlined by the building inspector. Subd. 3. Recordinct. After receipt of the building inspector's approval, the clerk -treasurer will register the hobby farm operator for the number and species of animals requested. The total number of animal units shall not exceed one per acre of the parcel, as the title, deed, tax statement, purchase agreement, or lease agreement for the parcel. Subd. 4. Fees. A one-time hobby farm operator registration origination fee of $5.00 per animal unit or fraction thereof shall be paid to the clerk -treasurer. Subd. 5. Renewal. Each registration shall be renewed annually by remitting an annual fee of $1.00 per animal unit, together with a current list of species and number of animals housed on the parcel, to the clerk -treasurer. 503.06 Bees. Bees may be kept on parcels registered pursuant to 503.04 and 503.05. Bees shall be kept in accordance with the 93 state apiary law and other statutes and regulations governing the keeping of bees. Where appropriate, fencing around hives or colonies may be required to minimize attractive nuisance. 503.07 Animal Wastes. Subdivision 1. Sanitation. Structures in which animals are housed and land containing animals shall be maintained in a clean and sanitary manner, free of excessive accumulation of animal wastes, and shall not provide an attractive breeding site for flies or cause excessive emission of animal waste odors. Subd. 2. Disposal. Animal wastes shall be disposed of by removal from the premises or by tilling into the soil at regular intervals. The length of intervals and method of disposal shall be determined by the Commission, based on the density of the animal population and availability of open land within the parcel for tillage. 503.08 Prohibitions. Subdivision 1. Nuisance. No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the city or to otherwise become a public nuisance so as to annoy, injure, or. endanger the health, safety, comfort, or repore of the public, or to in any way render the inhabitants of the city or a consider -able number thereof, insecure in life or in use of property. Subd. 2. Trespassing. M.S. 609.605, Subd. 5, prohibiting trespassing while astride, driving, or leading an animal, is hereby adopted by reference. Subd. 3. Running At Large. M.S. 609.605, Subd. 3, is hereby adopted by reference. No person shall permit any animal owned by him to run at large. Subd. 4. Diseased Animals. Animals with contagious disease of any kind shall be securely confined on the premises of their owner or harborer and shall not be permitted to approach within 50 feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. 503.09 Enforcement, Subdivision 1. Procedure. Complaints of violations of this chapter may be filed with the police department. The police department may forward complaints to the Commission. Subd. 2. Penalties. In addition to any other penalties_ provided for violation of this chapter, the council may revoke the registration of any hobby farm operator who is convicted of violating any provision of 503. 503.10 Existing Farms. Hobby farms that were in operation prior to May 26, 1981, shall be exempt from the provisions of 94 503.01 through 503.06; provided that exemption shall be contingent upon compliance with all of the following provisions: The operation of the hobby farm as a hobby farm has been and will remain continuous since its origination. Any interruption in operation as a hobby farm shall not exceed twelve calendar months. The acreage designated as the original hobby farm shall remain intact and shall not be reduced by any cause, including sale of inclusive real property or expiration of lease to the property. (4) The hobby farm operation shall not be intensified in terms of either numbers of animals or additional species of animals. (5) The non -conforming parcel shall be registered as pursuant to 503 no later than May 26, 1982. F60 osec�� Lino Lakes Ordinance 502 - ANIMALS 502.1 Definitions: As used in this Section except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Subd 1 Animal. Every living creature except members of the human race. Subd 2 Animal -Domestic. Animals normally kept within the home, but not exclusive of the home, such as fish, dogs, cats, potbelly pigs and household birds. Subd 3 Animal -Non -Domestic. Animals normally kept outside of the home for the purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. Subd 4 Animal -Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan, baboon, any bison, bobcat, cheetah, crocodile, coyote, deer, including all members of the deer family such as antelope, elk, and moose, any elephant, ferret, fox, hyena, jaguar, lion, leopard, cougar, lynx, ostrich, skunk, wolf, or brush wolf, tiger, poisonous snake, or any constrictor snake, bears, badgers; any other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is normally found in the wild; or any animal which is a mixed breed of any wild animal and any other animal. Subd 5 At Large. Not under restraint as defined in this section. Subd 6 Cat. Any domestic feline animal, male or female, whole or neutered, of any age. Subd 7 Dog. Any domestic canine animal, male or female, whole or neutered, of any age. Subd 8 Dangerous Dog. Any dog which meets the definition of dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Dangerous Dog. "Dangerous Dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property. (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. Page 1 Subd 9 Potentially Dangerous Dog. Any dog which meets the definition of potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd 10 Subd 11 Subd 12 Subd 13 Kennel, commercial. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising that is not defined as a private kennel under Subd 11. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. After issuance of a Conditional Use Permit, Commercial Kennels shall be allowed in the following zoning districts: Rural Business Reserve (RBR), Commercial, Industrial. Kennel, private. Any single family parcel of property on which more than two (2) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. Private Kennels shall be allowed in all zoning districts upon the issuance of a Conditional Use Permit. Owner. Any person, firm, corporation, organization, or department, possessing, harboring, keeping, having an interest in, or having temporary or permanent custody or control of an animal. Under Restraint. Controlled by a leash of not more than six (6) feet in length; under restraint by an electrical device, i.e. electric fence provided the animal is wearing a shock collar made for that specific electrical device; or within the limits of its owner's premises in any residential district; under the voice or signal command of a competent person whose command the animal will obey immediately in other zoning districts. Page 2 Subd 14 An unattended domestic or non-domestic animal on the property of another, without the consent of such property owner, is "at large" and not under restraint, even though it might be on a leash. 502.2 Enforcement Personnel: Subd 1 Enforcement. A The provisions of this Section may be enforced by any of the following: (1) The primary law enforcement agency of the community. (2) The animal control officer as designated by the City. (3) The animal control facility contracted with by the City. B For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any police officer is empowered to enter upon any premise upon which a dog, cat or other animal is kept and to demand the exhibition of such animal by the owner of such animal and the license and rabies certificate for such animal. Any animal control officer or police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in such officer's opinion, the animal's life is in danger. Subd 2 Interference. No person shall interfere with, hinder or molest any animal control officer or police officer in the performance of any duty, or seek to release any animal in the custody of the animal control officer or police officer. 502.3 Exemptions: Subd 1 Subd 2 Subd 3 Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated. The licensing and vaccination requirements of this chapter, except as otherwise expressly stated, shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days, provided all such dogs and cats shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. Dogs confined to a veterinarian clinic, animal hospital or licensed commercial kennel, or dogs engaged in law enforcement work for the city need not be licensed. Page 3 Subd 4 Section 502.01 relating to dangerous dogs and potentially dangerous dogs shall not apply to dogs under the control of a law enforcement officer. Subd 5 Section 502.01 and 502.02 shall not apply to raptures possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. 502.4 License and Vaccination Requirements: Subd 1 License and Registration. All dogs and cats within the City of Lino Lakes shall be licensed except the following: A Dogs and cats less than six (6) months of age; Subd 2 B Dogs and cats which are brought into the City for appearances in an animal show or trial; C Dogs being used by law enforcement officers. Vaccination Required. It shall be unlawful for any dog or cat owner to keep or maintain any dog or cat older than six (6) months of age, unless it has been vaccinated within the prior twenty-four months with an anti -rabies vaccine by a licensed veterinarian. No license shall be issued except upon compliance with this Section.. Subd 3 Licensing/Vaccination Procedures. A Application.. Except as herein provided, within thirty (30) days of acquiring possession of a dog or cat which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog or cat which has not previously been licensed by the City, the owner of the dog or cat shall make application for a dog or cat license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter to the City prior to the issuance of a license or renewal of a license. B License Fee. The license fee for each dog or cat must be submitted with the license application. The fee will be as set forth as follows: (1) Dog or Cat, male or female, not neutered or spayed $10.00 (2) Dog or Cat, male or female, neutered or spayed $ 5.00 C Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a $5.00 penalty will be applied. Page 4 YP D Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog or cat in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount of $1.00. E Change of Address. An applicant who has obtained a dog or cat license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. F Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog or cat in the City. G Transfer of Tags. No person shall transfer a dog or cat tag from one dog or cat to another. H Change of Ownership. If there is a change in ownership of the dog or cat during the year, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 502.5 Dog Kennels: c' Subd 1 Requirements. A Health, Safety and Welfare. No dog kennel license, commercial or private shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety ) 02 or w lfare. AJ is u 1 t1 6 It B Land Requirements. One acre of land or more is required for private dog kennels in residential districts. Property of more than one acre, but less than five acres shall be allowed a maximum of six (6) dogs in a private kennel. Properties of five acres or more shall be allowed an unspecified number of dogs to be kept in the kennel which will be specified at the time of issuance of the Conditional Use Permit. C Notification. Notification of public hearing for conditional use permit to operate a dog kennel must be sent to all property owners within 1,000 feet of a proposed dog kennel. Page 5 Subd 2 Conditions. A Sanitation. Every dog kennel shall be operated in a clean, healthful, sanitary, safe condition and humane manner so as not to create a public nuisance, and failure to do so shall constitute grounds for a revocation of the license of such kennel. B Inspection. All dog kennels are subject to annual review and inspection and shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. C Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the city. D Noise. No person maintaining a dog kennel shall permit the dogs kept there to bark, bay, cry, yelp, howl or causes noise, disturbance or annoyance to persons residing in the vicinity thereof, sufficient to constitute a public nuisance. Subd 3 Nuisance. A Any dog kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. Subd 4 Grandfather Clause. A All dog kennels which are validly located within the city prior to the adoption of this ordinance may continue to exist as to size and present location, provided the dog kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. Page 6 Subd 5 Dog Kennels --License; required, fee, term; penalty. A It shall be unlawful for any person to own or operate any kennel, commercial or private, unless a licensed conditional use permit as per the city zoning ordinance is secured therefore. All kennels are subject to annual review and inspection. The annual license fee for a Commercial Kennel shall be one hundred dollars ($100.00) for each kennel. The annual license fee for a Private Kennel shall be twenty dollars ($20.00) for each kennel. In addition, all dogs kept in Private Kennels shall be licensed under the requirements of Section 502.04 of this ordinance. All kennel licenses expire on April thirtieth next following issuance of the license, except that such licenses may be renewed prior to June first without penalty. B Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. C Application The Kennel applications shall contain the following: (1) Whether the license is for commercial or private purposes. (2) The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee. (3) The maximum number of adult dogs to be kept on the premises. The term "Adult", as used herein, shall include any dog over six months of age. (4) A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. Separate housing and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and a minimum of ten (10) feet from any property line. If the dogs are to be kept primarily within a building, the applicant shall so state. (5) Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. (6) The method to be used to keep premises in a sanitary state. (7) The method to be used to keep the animals quiet. Page 7 (8) An agreement by the applicant that the premises may be inspected by the City at all reasonable times. D Issuance and Conditions. The City Clerk shall refer the application to the Council. The Council or Planning and Zoning Board shall conduct a public hearing. The issuance of a license shall be within the discretion of the Council. In making such determination, the Council shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quantity and height of the fencing; and , with particularity, any violations during the previous license period, if applicable. The Council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this Chapter. Revocation. If a licensee fails to comply with the statements made in the application or with any reasonable conditions imposed by the Council, or violates any other provision of this Chapter, the licensee shall be notified by mail and given ten (10) days to remedy any defects or defaults. If such condition be not remedied in said ten (10) days, the Council may revoke the license. F Three or more violations of any provision of this code, in one calendar year constitutes reason for revocation of the Conditional Use Permit. G Unlawful Acts. It shall be unlawful for any licensee to do or permit any of the following: (1) Allow any of the dogs to run at large on any street or public property or any private property not owned by the licensee or under the licensees's control. (2) Allow the premises to be kept in an unsanitary or unhealthful condition. (3) Burn offal or waste. (4) Allow the dogs to bark, yelp, or fight so as to disturb the neighborhood either night or day. (5) Allow any of the dogs to bite anyone lawfully on or off the premises. (6) Maintain any dogs in such manner as to create a nuisance by way of noise, odor, or otherwise. Page 8 (7) Sell or cause to be sold any dog(s) without first providing the purchaser with written certification as to the origin of the animal. (8) Private kennels shall be limited to one litter in a 12 month period per kennel license. (9) All dogs shall always be treated in a humane manner as set forth in Minnesota Statute Chapter 343 and 346. H Tags. In the case of Private Kennels, licensees shall affix an identification tag to all dogs owned by or under the control of the licensee. Such identification tags shall meet the requirements set forth in this ordinance. Rabies Vaccination A licensee shall cause every dog in a kennel to be vaccinated by a licensed veterinary surgeon with anti -rabies vaccine. Puppies and kittens shall be so vaccinated at or before the age of sixteen weeks and again at the age of one year. Adult animals shall be so vaccinated at least once in every 24 month period or as often as needed under the type of vaccine used to ensure immunity. 502.6 Regulations: Subd 1 All domestic animals shall be kept under restraint by their owners at all times. No leash is required for cats which are kept indoors. Subd 2 Subd 3 The owner of any animal in heat shall cause such animal to be confined in such a manner so as not to come in contact with any other animal during such time as the animal is in heat, except for intentional breeding purposes. The owner of any animal shall prevent the animal from committing in the City any act which constitutes a nuisance. Acts which constitute a nuisance include, but are not limited to, the following: A To bark, bay, howl or make any other loud noise; (1) Habitually or frequently between the hours of 8:00 p.m. and 8:00 a.m.; (2) Consistently for a period of five minutes or longer between the hours of 8:00 p.m. and 8:00 a.m.; or (3) Consistently for a period of ten minutes or longer between the hours of 8:00 a.m. and 8:00 p.m. B To be present on school grounds. Page 9 C To chase vehicles or to molest or unreasonably annoy any person while away from the property of its owner. D A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. Subd 4 Feces Disposal: A The owner of any animal shall be responsible for the sanitary disposal of all feces material deposited by such animal in the following manner: (1) During the period of November 1st through April 30th, all feces material shall be removed from the owner's premises and/or stored in a sanitary manner within seventy-two (72) hours. (2) During the period of May 1st through October 31st, all feces material shall be removed from the owner's property and/or stored in a sanitary manner within forty-eight (48) hours. (3) Objectionable feces odor and/or flies detectable at the adjoining property line shall be deemed a violation of this Section. B The owner of any animal shall not permit such animal to be on park property, City trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of such material to an appropriate disposal receptacle. C The provisions of this Section shall not apply to the ownership or use of seeing -eye dogs by blind persons; ownership or use of companion dogs by quadriplegic, paraplegics or other individuals with severe disabilities who are unable to clean up after the companion dog; dogs when used in police activities; or tracking dogs. Subd 5 Humane Treatment of Animals: A The owner of any animal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. B No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. Page 10 C Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG". 502.7 Impounding and Confinement: Subd 1 Abandoned Animals. Upon written notice of the Chief of Police or designated agent, that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such written notice. Subd 2 Impounding and Confinement. A Any domestic animal found running at large may be seized by an animal control officer or police officer, and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of the greater of seven (7) days or five (5) business days (the Impoundment Period), unless claimed by the owner. B Animal control officers are not authorized to enter private dwellings for the purpose of seizing animals C Before seizing an animal from the private property of its owner, the animal control officer or police officer shall make a reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was observed by the animal control officer or police officer to be in violation of the provisions of this chapter. D When an animal is seized from the private property of its owner and the animal control officer or police officer has been unable to notify the owner of the reason for seizing the animal, a written notice shall be affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address and the phone number of the shelter where the animal can be found. E Immediately upon impounding animals, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to owner. Page 11 F Disposition of unclaimed animals: An animal which is not redeemed by the owner within the Impoundment Period may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time may be euthanized and disposed of in a humane manner by the appropriate animal shelter facility. Upon notice from the appropriate animal shelter facility that an animal is sick and/or injured, the Chief of Police or designated officer is authorized to permit euthanization at any time within the Impoundment Period in an effort to end the suffering of such animal. G Owner title of any animal may be transferred to the animal shelter facility upon expiration of the Impoundment Period and if the animal has not been claimed by the owner in the manner required by this Section. H Impoundment Fees. Any animal impounded under this Section may be reclaimed by its owner within the Impoundment Period. Before the owner shall be permitted to retake possession of the animal, the owner shall make payment to the animal shelter of all required fees and costs of such impoundment. 502.8 Rabies Control. Subd 1 Subd 2 Subd 3 Bites. An owner or custodian of a dog which does not have an appropriate antirabies vaccination and which bites or otherwise exposes a person to rabies virus may be penalized under Minnesota State Statute 346.53. It shall be the duty of every physician to report to the Police Department the names and addresses of any person treated for bites inflicted by an animal, together with any other information deemed helpful in the control of rabies. It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty-four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. The owner of any such animal shall also be required to provide to the police written proof of vaccination and pertinent insurance information when warranted or requested by the police. Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of any animal observed by the veterinarian to be suspected of having rabies. Page 12 Subd 5 Subd 6 The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and to have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier. The City and/or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and/or its agents act in good faith to protect the public. Whenever an animal has bitten a person and is not destroyed pursuant to Section 502.8 subd 5 , or whenever a suspected or known rabid animal is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: A Upon proof of current rabies vaccination, the animal control officer or police may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six (6) feet when removed from the place of confinement. B If no proof of current vaccination is provided, or if the animal control officer or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owner's expense. C An animal under confinement may not be removed from such confinement prior to the expiration of the 10 -day period without written permission of the Chief of Police or designee. D The owner of any animal confined at the owner's residence shall, at all reasonable times, permit the inspection of such animal during the confinement period upon oral request of an animal control officer or a police officer. The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer or police officer during the confinement period. E A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device. The animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. Page 13 F Any animal control officer or police officer may enter upon the private property of another for the purposes of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with the provisions of this Section. 502.9 Dangerous and Potentially Dangerous Dogs. Subd 1 The Minnesota State Statute 347.50 is hereby adopted in cases of Dangerous and Potentially Dangerous Dogs. Subd 2 No person shall bring into the City any animal which has previously been declared by another jurisdiction to be dangerous or potentially dangerous. The City shall seize and destroy, at the owner's expense, any animal brought into the City in violation of this provision. 502.10 Wild Animals. Subd 1 No person shall keep, maintain, harbor or sell any wild animal within the corporate limits of the City, except as provided in this subsection: A The owner or proposed owner of any wild animal shall, prior to bringing the wild animal into the City, make application to the City for a wild animal permit on an application form provided by the City. Such application shall be submitted to the City Clerk, together with the following required fees and/or documentation: (1) Thatthe applicant possesses all necessary state and federal wild animal permits, and that all such permits shall be maintained by the owner in valid form during the time that such wild animal is possessed by the owner. Expired state and/or federal permits shall cause the City's wild animal permit to be considered null and void. (2) A written statement shall be submitted with the application by a licensed veterinarian that such wild animal has been vaccinated in an appropriate manner, consistent with accepted veterinary practices, where applicable. Page 14 Subd 2 Subd 3 (3) A copy of a valid insurance policy providing liability coverage for any harm caused by the wild animal with limits of not less than $100,000 per person and $300,000 per occurrence and naming the City as an additional insured. The certificate shall provide that it may not be canceled except upon ten days written notice to the City. The certificate and all renewals thereof shall be delivered to the City. The City Administrator may waive the insurance requirement upon a determination that the wild animal does not pose a substantial risk. (4) A written statement by the owner that such wild animal will be maintained in a locked enclosure and removed only by a competent person for purposes of sanitation. The removal of such wild animal shall be conducted while the animal is muzzled and on a chain or leash not exceeding six (6) feet in length, under sedation, or under the complete physical control of the attendant. (5) A written statement by the owner that such enclosure shall be posted with plainly visible warning signs on all sides of the enclosure with letters of contrasting color. The sign shall measure a minimum of 6" x 12", and have letter of 1/2" stroke and a minimum of 2" height, with the following inscription: "DANGER - WILD ANIMAL". (6) A fee as set at $35.00. The City may deny or attach conditions to the permit based upon the type of animal, the character of the owner's residence and neighborhood, and any other appropriate factors. If the permit is granted, the owner may bring the animal into .the City, subject to any requirements of this Section and any permit conditions. The permit need not be reviewed, but shall be subject to review at any time by the City. The Chief of Police or designated agent is hereby authorized to immediately impound any wild animal not in compliance with this Section. The impoundment shall be in accordance with Section 502.7. 502.11 Summary Destruction. Subd 1 Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any member of the public, after making a reasonable attempt to impound such animal, the officer is hereby authorized to destroy such animal in the interest of public safety. Page 15 502.12 Penalty for Violations of this Chapter. Subd 1 Any violation of this Section is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. Page 16 PLANNING & ZONING BOARD MARCH 13, 1996 have agreed to perform the pedestrian survey. He noted a previous instance on Birch Street where the City and School District worked together to fund an underpass for pedestrians. - He noted the Police Department is only being asked for input as a department. Acting Chair Johnson called a brief recess at 9:07 p.m. Acting Chair Johnson reconvened the meeting at 9:16 p.m. E. PUBLIC HEARING - Animal Ordinance Planning Coordinator Wyland reviewed the changes to the Animal Ordinance. She noted a letter which was received from Sharon J. Lane, a member of the committee who worked on the ordinance, who was unable to attend this evening. Ms. Lane expressed her approval of the ordinance but asked that a collar not be required for animals which are strictly confined to the indoors. Ms. Wyland recommended Planning and Zoning Board approval of the ordinance as submitted and that it be forwarded to the City Council for adoption. Acting Chair Johnson opened the Public Hearing at 9:22 p.m. Steve Andre, 495 Ash Street, stated he had been present at every meeting regarding the ordinance. He explained the ordinance had originally become a concern for a majority of the citizens when their quality of life and value of their homes was affected by a kennel being placed 50 feet from their home. He expressed concerns that the proposed ordinance did not state a .maximum allowable number of dogs in a private kennel and allowed a kennel to be placed on 1 acre rather than the previously required 5 acres. He felt the proposed ordinance was too permissive and did not protect the rights of the adjacent property owners. He noted the ordinance did not include violation guidelines for revocation of a kennel permit. He recommended the ordinance not be approved as it was not in the best interest of the majority of the community and the detrimental impact to the quality of life in Lino Lakes it would produce. Donald Dunn, 6585 Black Duck Drive, stated he had also attended the meetings and had no grudge against dogs. His concern was with the owners of the animals and the abuse of the privilege of licenses. He 16 PLANNING & ZONING BOARD MARCH 13, 1996 objected to animals running loose in the City and depositing feces in other property owners yards. He felt the ordinance needed to be more clearly defined and more restrictive to protect the rights of people who do not have dogs. He stated there had not been a consensus reached at the last two meetings regarding this ordinance. He stated the ease with which a private kennel could go from 2 to 5 to 10 dogs bothered him. He felt the minimum amount of land required for a private dog kennel in residential areas should be maintained at 5 acres. He expressed concern that the maximum number of dogs allowed in a private kennel should be clearly stated in the ordinance. He felt the limit of one litter in a 12 month period per kennel license would allow too many litters. Mr. Gelbmann explained this restricted the owner to "one" litter per kennel license, not per dog. Mr. Robinson explained the input from neighbors was always considered at the public hearing when issuing a kennel license and is included in the conditions of issuance of the permit. If the conditions are not adhered to, the permit will be revoked. Mr. Dunn stated he was concerned that if the requirement for a private kennel was reduced from 5 to 1 acre there would be a flood of people requesting permits. Mr. Robinson noted there had only been 2 applications for a private kennel license in the City in the past 9 years. Police Officer Jeanie Kenow noted some items specific to cats and pot belly pigs. A resident at 6250 Red Maple Lane, felt the ordinance needed to be restrictive in order to prevent nuisances from occurring rather than allowing them to happen and having to resolve the issues after the fact. John Sullivan, commended Mr. Mesich and Mr. Schones for their work on the ordinance and stated it had been a pleasure to work with them. He felt the group who worked on this ordinance had diverse input and had made an attempt to work towards the center. He noted it had been stated there was not a consensus in the group but he felt there was. He felt the group had toughened up the ordinance. He stated by allowing 17 PLANNING & ZONING BOARD MARCH 13, 1996 the number of dogs, etc. to be determined by the Conditional Use Permit process, situations could be evaluated individually. He felt the Planning and Zoning Board would make decisions in the best interest of the residents of the City of Lino Lakes. Mark Kinney, 6425 Rice Court, stated he did not think this ordinance would be acceptable to the residents of Lino Lakes. He felt the restrictions for a private kennel should be left as they were in the previous ordinance or this ordinance should be sent back for further consideration. Mr. Sullivan questioned why the people who were against this ordinance did not get involved with the planning process. He stated the committee had worked together to try to determine an ordinance which would work for the entire City. He felt individual circumstances could be handled by the Conditional Use Permit process and the Planning and Zoning Board would not allow a private kennel in an area which was not good for the whole community. Al Robinson made a MOTION to close the Public Hearing at 10:00 p.m. and was supported by Tom Mesich. AH voted in favor. Motion carried. Mr. Mesich explained the committee had tried to establish a set of guidelines as they worked through the ordinance. The committee felt putting an artificial number on the number of dogs allowed was not putting faith in the Conditional Use Permit process. He noted there was a $350.00 fee for a Conditional Use Permit and he did not feel people would apply if they were not serious. The kennel license application requires submittal of a site plan illustrating where the kennel will be placed, where the neighboring houses located, how it will be kept clean., etc. Neighbors within 1000 feet are notified and a public hearing is held. He noted this ordinance is more restrictive than many other City's animal ordinances. Mr. Gelbmann asked under what circumstances an owner would want more than six dogs in a private kennel. Mr. Mesich stated there may be special cases which would apply to smaller dogs such as poodles, etc. This can be addressed with the Conditional Use Permit process. 18 PLANNING & ZONING BOARD MARCH 13, 1996 Mr. Gelbmann expressed concern that owners of a private kennel would breed one dog every year and keep the litters. Mr. Mesich stated this was not an option. The Conditional Use Permit would limit the number of animals allowed. Mr. Gelbmann stated he would like to see a limit on the number of animals allowed included in the ordinance. Mr. Mesich noted there were other restrictions stated in the ordinance which would result in violation such as the kennel being kept properly. Ms. Wyland noted the Conditional Use Permit also included an annual review process. Other items have been included in previous Conditional Use Permits such as restrictions that when one dog expired, it could not be replaced with another. Mr. Herr stated he saw a problem with an unspecified number of dogs being allowed in a private kennel. Mr. Gelbmann noted there could be situations where a resident would want to have more dogs, such as raising dogs for dog sledding. But he agreed that he would like to see a maximum number of dogs allowed with flexibility for persons with special circumstances. Mr. Mesich stated he felt the problem in Lino Lakes was not with people with more than one dog but was with people who owned one dog and were not responsible. Mr. Herr stated he would like to see six dogs specified as the maximum unless there was a reason for exception. Ms. Wyland stated the reason the number had been eliminated was that the Committee could not agree on a certain number. They then decided the Conditional Use Permit was appropriate to determine the number allowable. Officer Kenow stated she felt the proposed ordinance would allow for better enforcement in the field. 19 PLANNING & ZONING BOARD MARCH 13, 1996 Mr. Herr stated he felt a maximum number of dogs allowed should be 4 and private kennels should only be allowed on lots 5 acres and above. Mr. Mesich suggested verbiage be included in the ordinance that if a resident with a Conditional Use Permit receives more than three violations the Conditional Use Permit will be revoked. Mr. Gelbmann made a MOTION to approve the Lino Lakes Animal Ordinance with three modifications; 1. Property of greater than one acre and Tess than five acres be allowed 6 dogs in a private kennel. Properties of 5 acres and above are allowed an unspecified amount of dogs to be kept in the kennel which will be specified at the time of the issuance of the Conditional Use Permit. 2. Three or more violations in one calendar year are grounds for revocation of the Conditional Use Permit. 3. No leash is required for cats or fish which are kept indoors at all times and was supported by Al Robinson. All voted in favor. Motion carried. VI. DISCUSSION: Ms. Wyland stated due to scheduling difficulties, she would contact the Planning and Zoning Board members to schedule the upcoming work session. Mr. Mesich announced this would be his last Lino Lakes Planning and Zoning Board meeting as he was moving to Elk River. He thanked the City and stated this had been a great learning experience. Members of the Board thanked Mr. Mesich for his service. VII. ADJOURNMENT: Thomas Mesich made a MOTION to adjourn the meeting at 10:37 p.m. and was supported by Guy Herr. All voted in favor. Motion carried. 20 AGENDA ITEM 11A STAFF ORIGINATOR John Powell. TKDA DATE June 7. 19 TOPIC BACKGROUND: Consideration of Resolution No. 96-57 Order the Improvement, Approve Plans and E and Order Advertisement for Bids for Elevated Water Storage Tank No. 2 This improvement involves the construction of a 1 million gala tank, the City's second tank, in the vicinity of the Clearwater Center. This project is consistent with the City's ComprehensivA in 1991. The Public Hearing for this project was told on January the City ordered preparation of the plans and specifications. Cor improvements will begin this summer. Approve Resolution No. 96-57 Tank No. 2. natter to staff for RECO OPTION NO. 1 Approve Resolution No. 96-57 Ordering the Improv the Plans and Specifications, and Ordering Advertisement Elevated Water Storage Tank No. 2. Council Member introduced the foliow adoption: 0 LAKES NO. 96.57 RESOLUTION ORDERING THE IMPROVEMENT, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR ME ELEVATED WATER STORAGE TANK No. 2. WHEREAS, a resolution of the Lino Lakes City Council adopted; the 18th day of December, 1995 Fwd a c for a Council heating on the proposed improvement and, WHEREAS, Ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held: thereon on the 22nd day of January, 1996, at which all persons desiring to be heard were opportunity to be heard thereon, WHEREAS, pursumt to resolution passed by the City Council on the 22nd Pozpated ply and specification for the improvement and has presented such p Council for mal, NOW, THEREFORE, BE rr RESOLVED BY THE QTY COUNCIL OF THE MINNESOTA: 1. Such improvenietn le hereby ordered as proposed in the Council resolution adopted the 1 December, 1995. 2. Such plans and specifications are hereby approved 3. The City Cleric shall prepare and cause to be iced in the official paper and the advertisement for birds upon the making of such improvement such app# apedic tions. The advertisement ami be published for two state that beds will be opened and bids will be received d July 17,1996 at which time they will be publicly opened in the City auk and Enema, will be tabulated and will be conSidetedby the at 6:3l1 Pi July 22,1996 in the Council Clambers. Any bidder whose rewonsibility 18questioned during Iasi o#tbe bid will be given the upportanity to address the Council on the issue of respcmAility. be un der aratl d with the Clerk and accomp snied.by a cash deposit, to the aezt for five (5) roma of the amount of midi Adopted by the C'1ay dtis lOth day I+ Anderson dc-Treaswer The motion for adoption of the: foregoing resolution was duly seconded by Council taken Creon, the following voted in favor thereof: following voted againstsame: as declared p CERTIFICATION resolution duly passed, adopted and approved by the Qty I lullaby tlse Council on STAFF ORIGINATOR AGENDA ITEM 11B John Vowel. DATE June 7. 1996 TOPIC BACKGROU Consideration of Resolution No. 96-5 Declaration of Intent to Bond Elevated Water Storage Tank No. 2 As required by the internal Revenue Code, the City of Lino lake must declare intent to reimburse project costs from bond issLe proceeds prior to making any expenditures for construct) in or land acquisition. This declaration must be made in the form of a City Council resolution. The attached resolution for Elevated Water Storage Tank No. 2 is nearly i n ical to Resolution No. passed by the Gourd on May 13th, 1996, only dif rennce being this resolution is for a sre lotion w� multiple projects. This resolute is a nding dec aration wt r t be m de to allow the project to be financed usir r i pr?oceeds.: If the alt l d r iu on i 'not adopted, the City will be required to clentfi r alternate methods of finanamg this prayed. 2. I Ili n No. 96-58 Declaring the City's Intent to Bond for Elevated Water Storage Tank No. 2. Resolution No. 96 BECOMEMRATIM OPTION NO. 1 Adopt Resolution Na. 96-68 Declaring the C Elevated Water Storage Tank No. 2. Intent to Bond for Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-58 RESOLUTION RELATING TO FINANCING OF THE ELEVATED WATER STORAGE TANK NO. 2 TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, The City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW, THEREFORE, BE IT RESOLVED by the City: Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to a certain project hereinafter identified. a. The City proposes to undertake the following project: Elevated Water Storage Tank No. 2. b. Other than costs to be paid or reimbursed from sources other than a tax- exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of Section 1.103-17 (1) of the Regulations, none of the costs of the foregoing project estimated to total $1,500,000.00, all of which is to be reimbursed from Bond Proceeds, has heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. The project and costs related thereto, constitutes property having a useful life of at least one year. RESOLUTION NO. 96-58 PAGE 2 c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the Area and Unit Fund. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds is the Area and Unit Fund, in the amount of $1,500,000.00. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the costs of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. RESOLUTION NO. 96-58 PAGE 3 Adopted by the City Council this 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 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 June 10, 1996. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 11C STAFF ORIGI TOR John Powell. TKDA DATE June 7. 1996 TOPIC BACKGROID Lino Lakes Sewer District No. 3 is generally located around the I-35E/Main Street interchange. The Clearwater Creek Development Center as well as the new Clearwater Creek subdivision are contained within [District No. 3. The sanitary sewer connection to the Metropolitan system in this area will be via a City lift station which is connected directly to MWCC 76-51, a Metropolitan Council forcemain interceptor. This City lift station is to be constructed on the southeast comer of Cedar Street and Otter Lake Road and is referred to as the Cedar Street Lift Station. Consideration of Resolution No. Order the improvement and Prepare and Specifications for the Cedar Street Lift Station The Public Hearingfor this project was held earlier in the meeting. The 1 financing of this project will via issuance of a bond to be reimbursed from Unit (Enterprise). Fund. No special assessments are Proposed as 1. Adopt Resolution No. 96-59 Ordering the Improvement and Plans and Specifications for the Cedar Street Lift Station. 2. Return the matter to staff for further review. RE .O 11OI OPTION NO. 1 Adopt Resolution No. 96-59 Ordering the improvement and tt Preparation of Plans and Specifications for the Cedar Street Lift Station. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-59 RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CEDAR STREET LIFT STATION IMPROVEMENTS. WHEREAS, a resolution of the Lino Lakes City Council adopted the 13th day of May, 1996 fixed a date for a Council hearing on the proposed improvement and, WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 10th day of June, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 13th day of May, 1996. 2. 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 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member _ and upon vote being taken thereon, the following voted in favor thereof The following voted against same: 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 , 1996. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITE John Powet, TKDA ,mune 7. 1996 TOPIC BACKGROUND: The preparation of the Plans and specifications for this project was City Council meeting. As discussed at a previous meeting, the initially going to fund this project directly out of the Ares/Unit Fund with no bonding irked. in order to educes the impact on this fund, the 04 and their bonding consultant SPringstead, Inc., ecently decided to include the project i n a future bond issue. To do this, he weveu # needed to proceed thru the required by the Minnesota 429 includingordering and rcecehfing the Feasibility Fi rtll aring. To enc the p_ Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-60 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE CEDAR STREET LIFT STATION IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on June 10, 1996, the City Engineer has prepared plans and specifications for the Cedar Street Lift Station Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published on two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Tuesday, July 16, 1996 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, July 22,1996 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the City Council this 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 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 ,1996. Marilyn G. Anderson, Clerk -Treasurer AGENDA rrEM 11E STAFF ORIGINATOR John Powell. TKDA DATE. TOPIC BACKGRt; As required by the Intery al Revenue Code, the City of Lino Le to reimburse project costs from bond issue proceeds prior to for construction or land acquisition. This declaration must be Council resolution. June 7. 1996 Consideration of Resolution No. 96-61 Declaration of Intent to Bond Cedar Street Litt Station This resolution is a non-binding declaration which must be made to be financed using bond proceeds. If the attached resolution is not a be required fo identify alternate methods of financing the eciaring the City's intent is RBD OPTION NO. 1 Adopt Resolution No. 96-61 Declaring the Ci Cedar Street Lift Station Improvements. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-61 RESOLUTION RELATING TO FINANCING OF THE CEDAR STREET LIFT STATION TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, The City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW, THEREFORE, BE IT RESOLVED by the City; Council of the City of Lino Lakes, Anoka County, Minnesota, that: 1. Official Intent - The City desires to comply with requirements of the Regulations with respect to a certain project hereinafter identified. a. The City proposes to undertake the following project: Cedar Street Lift Station. b. Other than costs to be paid or reimbursed from sources other than a tax- exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of Section 1.103-17 (1) of the Regulations, none of the costs of the foregoing project estimated to total $400,000.00, all of which is to be reimbursed from Bond Proceeds, has heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. The project and costs related thereto, constitutes property having a useful life of at least one year. c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the Area and Unit Fund. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds is the Area and Unit Fund, in the amount of $400,000.90. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the costs of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Adopted by the City Council this 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 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 June 10, 1996. Marilyn G. Anderson, Clerk -Treasurer STAFF ORIGINATOR: David Ahrens, Public Works Dire DATE: 6!7/96 TOPIC: Resolution No. 96-62 - Order lrnprov Pheasant Hills 7 BACKGRgUND: The Feasibility. Report for the Pheasant Hills 7th Addition Street and Utility Pi was accepted by Council at the April 8, 1996, Council Meeting. This project consists of the construction of sanitary sewer, watermain, storm sewer and streets to serve a 19 -lot subdivision located north of Timberwollf Trail Pheasant Hills Preserve Plat Per Minnesota Statutes and Lino Lakes City Charter, the improvements and the plans and specifications are required to City Council. Attached with this report is a project location map. OPTIONS; 1. Return to staff for further review. 2. Adopt Resolution Number 96-62 ordering the improvement and plans and specifications for the Pheasant Hili 7th Addition Street Project. RECO PATS•, Staff recommends that Number 96-62 to ads CENTERVILLE • am•••••.• •110•1.• •m•••••=amo••••• NORTH LAKE AO PHEASANT HILLS PRESERVE 7TH ADDITION UTILITY AND STREET IMPROVEMENTS LINO LAKES, MINNESOTA LOUCKS PROJECT NO. 91-133G LOCATION MAP Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96-62 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS - PHEASANT HILLS 7TH ADDITION. WHEREAS, pursuant to resolution of the City Council passed by the council on December 18, 1995, a report has been prepared by Loucks and Associates, Inc., for the improvement of Pheasant Hills 7th Addition, and this report was received by City Council on April 8, 1996, and WHEREAS, a petition signed by 100% of the property owners proposed to be assessed for these improvements has been received waiving their right to a public hearing and appeal of assessment and requesting that 50 days of the 60 day waiting period as per Section 8.06 of the Lino Lakes City Charter be waived. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 8th day of April, 1996. 2. Loucks and Associates, Inc. is hereby designated as the Engineer for these improvements. The engineer shall prepare plans and specifications for the making of such improvements. Adopted by the Lino Lakes City Council this 10th day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer Resolution No. 96-62 Page 2 The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly 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 January 22, 1996. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 11G STAFF ORIGINATOR: David Ahrens, Public Works Direc DATE: June 7, 1996 TOPIC: Resolution No. 96-63 - Approve Plans and Specifications and Order Advertisement for Bids, Pheasant Hills 7 City Couthe improvement and preparation of plans and specifications for the Pheasant Hills 7t' Addition Street and Utility Project. The plans and specifications are complete and City Council approval is required to approve said plans and specifications and order advertisement for bids. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 96-6 ordering rid, errant for bid; r 96-63 approving p for bids be adc�ac Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 96-63 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - PHEASANT HILLS 7TH ADDITION. WHEREAS, pursuant to resolution of the council passed by the council on June 10, 1996, Loucks and Associates, Inc., has prepared plans and specifications for the improvement of Pheasant Hills 7t' Addition and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Monday, July 8, 1996, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, July 8, 1996, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Resolution No. 96-63 Page 2 Adopted by the Lino Lakes City Council this 101" day of June, 1996. John L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was duly 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 June 10, 1996. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM NO. J 54 STAFF ORIGINATOR Marilyn Anderson, Clerk' DATE June 4,1996 TOPIC BACKGROUND: Applications for renewal of all liquor licenses were included in the Council packets. All insurance certificates have been filed with my office and all license fees have been paid. The Police Department has completed tine background investigations for +each of the establishment owners and their managersand report that they find no reason m deny the licenses. Consideration of Renewal Application for On- Sale, Off Sale Liquor Licenses 49 Club Chomoni x Golf Course J & K Liquors, Inc. Lino Liquor, Inc. Miller's on Main Tom Thumb Market Twin City Stores, Inc. (Oasis Shirley Kaye's VFW Post No. 6583 Earlier this spring, the City Council approved an Off -.Sale Liquor License for Steve Arhip for Simonson's Garage building. Mr. Arhip has not opened his business and I am waiting to hear from him about when he expects to open. OPTIONS 1. Adopt a motion approving the On -Sale and Off -Sale Liquor Licenses as submitted. 2. Return to staff for further information. RECOMMENDATION Option No. 1 LIQUOR CONTROL DIVISION 444 CEDAR ST -SUITE 100 L ST. PAWL M( 55101-2156 Safety ION 1N 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE e.not be approved er retetaed ................ ltd Card t* s C�o JJicensee: Please verify your license information contained below. Make corrections if necessary and sign. City Cleric/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CM B S License Period Ending 06/30/9 6 City/County where license approved Lino Lakes Licensee Name Nathe Brothers Inc. 2814 Trade Name ' 4 9 Club Licensed Location address 6007 Hodgson R d City, State, Zip Code Lino Lakes, MN 5 5 014 Business Phone ( 612) 4 8 4— 9 9 8 5 LICENSE FEES: Off Sale $ 10 0.0 0 On Sale $ 3 , 0 0 0 .0 0 Sunday $ 2 0 0.0 0 By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of thefolowlngwiilresult is fines. 1. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not hada liquor license revoked for any liquor law violation (state or local). If a revocation has occurind, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. City Clerk/County Aq for Signa (Signature certifies that an on -sale into Coun>ay Attorney Signature (moi 11c-r"..PL Date — -q4 liquor license has been approved by the city/county as stated above). Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 604g-e,--74,Aloot Cce,,i t z j Application Date: May 6, 1996 FOR OFFICE USE Application No. Date Received By CITY OF LINO LAKES APPLICATION FOR OFF -SALE AND ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE This application form requests information which may be classified as private or confidential under the Minnesota Data Practices Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit, or identification card. Directions: This form must be filled out with a typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of the Applicant (name of individual, partnership, corporation or association): County of Anoka 2. Business Name: Chomonix Golf Course Anoka County Parks & Recreation Department Business Address: 550 Bunker Lake Blvd., Anoka, MN 55304 (Street, City, State, Zip) Business Telephone: (612) 757-3920 IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATES OFFICE 3. Type of Applicant: Natural Person (Individual) Corporation Partnership Association PAGE 1 LIQUOR CONTROL DIVISION 444 CEDAR ST -SUITE 100 L Safety ST. PAUL MN 55101-2156 ION AN 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No ]cense wig be approred or ettewed mdil the $20 ttetaUer [D hard feeis sreaefve4 6y MNi tgnor ConttrOtt Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OF S L License Period Ending City/County where license approved L 1 no Lakes Licensee Name Thorson, Bryan Keith Trade Name J & K Liquors Licensed Location address 6 013 Hodgson Rd City, State, Zip Code L i no Lakes, MN 55014 Business Phone ( 612) 484-9273 LICENSE FEES: Off Sale $ 10 0 . 0 0 On Sale $ 06/30/96 ID# 8325 Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. t' fines. 1. L ' 1 1 s e a_L' L '.J 1 J- ) _moi _t i/- 1' S - Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature (Signature certifies all above w ( Date ormation to be correct and license has been approved by city/county. / / XI. Date 4"' -di -9'm (Signature certifies that an on -sale intoxicating li ' or license has been approved by the city/county as stated above). County Attorney Sienature Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 LIQUOR CONTROL_ DIVISION 444 CED8R ST—SUITE 100 L safety ST . PAUL 111 55101-2156 .ON ___ _....,...N55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE Na licen a w� 1!e a pprored arteltated un ll the S20 Re dkr W Ca d f ee #s received by MN signor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code O F S L License Period Ending 0 6/ 3 0/ 9 6 ID# 5 8 3 4 City/County where license approved L 1 no Lakes Licensee Name Trade Name Hauer, Barbara Ann Lino Liquor Licensed Location address 7 9 97 Lake Drive City, State, Zip Code Lino Lakes, MN 55014 Business Phone ( 612) 7 8 6- 4 0 8 8 LICENSE FEES: Off Sale $ 10 0 . 0 0 On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fes. 1. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. S100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature-a-�-u_ (Signature certifi all above informs on to be correct and license has been approved by city. h'• /corm TAT t etelte,0 - a e City Clerk/County Auditor Si nature (Signature certifies that an on -sale intoxicati(ig liqudr license has been approved by the city/county as sta -' above). County Attorney Si¢nature Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 LIQUOR CONTROL DIVISION 444 CEDAR ST -SU 1 TE 100 L Safety ST. PAUL r11 55101-2156 ION IN 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE Na license lie approred or relesse�l u t e $20 Retalier ID; Card lee is received by MN'Lign Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code C M B S License Period Ending 06/30 /96 City/County where license approved Lino Lakes Licensee Name J i m & A n n Mi 1 ler ' s 1 n c. Trade Name Miller ' s on Main ID# 4715 Licensed Location address 8001 Lake Dr City, State, Zip Code Lino L ak e s, MN 55014 Business Phone ( 612) 786-7106 LICENSE FEES: Off Sale $ 100.00 On Sale $ 3,000.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fes. 1. Licensee confirms that it has never had a liquor license rejected by 'any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please. give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A..802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license Is issued S100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature (Signature certifies ‘AL. Date �7G`,.L ormation to be correct and license has been approved by city/county. 689 City .Clerk/County Auditor Signature / U f'71 ' Vi' t/ 1 ate (Signature certifies that an on -sale intoxica liqu r license has been approved by the city/county as sta ed above). County Attorney Sienature Date County Board issued licenses only (Signature certifies licensee is eligible for license) police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 LIQUOR CONTROL DIVISION 444 CEDAR ST -SU I TE 100 L iafety ST. PAUL f*! 55101-2156 ON _N 5101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE • No licen%e will be approved or released untli the S20 Retailer lila Cud tee is received by MN liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CM B S License Period Ending 06/30/96 ID # 6 516 City/County where license approved L i n o Lakes Licensee Name Shirley Kaye ' s Inc . Trade Name Shirley Kaye ' s Licensed Location address 6 810 Lake Dr City, State, Zip Code L i no Lakes , MN 55 014 Business Phone( 612) 780-4181 LJCENSE FEES: Off Sale $ 10 0. 0 0 On Sale $ 3, 0 0 0. 0 0 Sunday $ 2 0 0. 0 0 By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in mes. 1. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during die past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature /ALL' A/116-6-7 a ( Date ,S' - 30 - 9!0 (Signature certifies all above information to be correct and license has been approved by city/county. 67:--e16)- Date c 3 / City Clerk/County Auditor Signature (Signature certifies that an on -sale intoxicating lic'ior license has been approved by the city/county as stated above). County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 y Tt/11s i)1 AwK�t o� Mfr\ & hof_ 61 fl ALS wE'2(-7J) /f /boo foq,?/))%H tro 3 s SHfYr�. RECEIVED Application Date: MAY 3 01996 FOR OFFICE USE Application No. ate Received rrrY nr II4F _By CITY OF LINO LAKES APPLICATION FOR OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSE This application form requests information which may be classified as private or confidential under the Minnesota Data Practices Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for issuance of a license, permit,or identification card. Failure to provide the information will result in a denial of the license, permit, or identification card. Directions: 10.4 This form must be filled out with a typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of the Applicant (name of individual, partnership, corporation or association): `is�nr,"Tl�u,rnbt m? -KSS , Sn( 2. Business Name: Trm Thu,Ib l l Business Address: -WO L f. L.:%1,10 L..6*—s &4 (Street, City, State, Zip) Business Telephone: (o1- (po($ IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATES OFFICE 3. Type of Applicant: Natural Person (Individual) 1 Corporation Partnership Association PAGE 1 Application Date: JQfSj' �� FOR OFFICE USE Application No. Date Received By CITY OF LINO LAKES APPLICATION FOR OFF -SALE AND NON -INTOXICATING MALT LIQUOR LICENSE This application form requests information which may be classified as private or confidential under the Minnesota Data Practices Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit, or identification card. Directions: This form must be filled out with a typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of the Applicant (name of individual, partnership, corporation or association): yy `V'�a L % n C :; e S Si"( ,- r s, n e, S e 711 /y1v t! vv- r ( [L n // l ,, 2. Business Name: r w: n e. ;' 'e s St o r e s, Business Address: "2,5-0 q)L a_ le .t /%,. ,' y t (Street, City, State, Zip) Business Telephone: boa o S : /r e %/ Rel jk-o7.3 1/ 6/ �n . na :o0.S/S nln l<< no AeetS a..1 k n dryy IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATES OFFICE .0 -re 3. Type of Applicant: c Natural Person (Indi"vidual) U X Corporation Partnership Association PAGE 1 LIQUOR CONTROL DIVISION 444 CEDAR ST -SUITE 100 L >afety ST. PAUL P* 55101-2156 ON .N 55101 (612)296-6430 T1'Y(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE Na license 41 10pprored er rs1ane 0 tttie S2O 1410110 1 Caul t'ce is received by M!X 1.14**.Toetrot Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code MCL O N S S Li Period Ending 06/30/96 ID# 10 2 5 City/County where license approved Lino es Licensee Name VFW 6583 Trade Name Circle -Lex VFW Post Licensed Location address 7868 Lake Dr City, State, Zip Code L i no Lakes, MN 55013 Business Phone ( 612) 784-9313 LICENSE FEES: Off Sale $ On Sale $ 100.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following Failure to report any of the following will result in renes. 1. Licensee confirms that it has never had a liquor license rejected by 'tiny city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature /L ots .?9 -in ` ar-k ,/t�tr% / 4 Date 9f 4 4 (Signature certifies all ve information to correct d license has been approved by city/county. City Clerk/County Auditor Signature 6 Z Date -5-IVY' b (Signature certifies that an on -sale intoog xicAtin uor license has been approved by the city/county as ed above). County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license) Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 AGENDA ITEM NO. /3 STAFF ORIGINATOR Marilyn Anderson, Clerk -Treasurer DATE June 4,1996 TOPIC BACKGROUND: Consideration of a Beer License and a Cabaret License for the Annual St. Joseph Catholic Church August Festival The annual St. Joseph Catholic Church August Festival will be held on the weekend of August 10th and 1 lth this year. The Festival will be held in the church parking lot. A license to sell beer and a cabaret license is required for the dance that will be held in the evening. The Church does hire an off-duty Lino Lakes Police Officer for security during the evening events. A certificate of insurance is in process and should be at City Hall by June l Oth There have been not reported concerns regarding this annual event. OPTIONS 1. Adopt a motion approving a Beer License and a Cabaret License for the August Festival. 2 Return to staff for further information or corrections. RECOMMENDATION Option No. 1 1189 MAIN ST., LINO LAKES, MN 55014 (612) 464-5562 Payee: ST JOSEPHS PARISH Description DANCE BEER PERMIT Receipt # 5380 Date 05/31/96 Amount 30.00 Check 30.00 # 7896 CAR Initial Checking Obj.: 1010 Account # Amount 3219-101-000-000 20.00 3206-101-000-000 10.00 CITY OF LINO LAKES CABARET LICENSE APPLICATION DATE: May 23, 1996 APPLICATION NO. NAME OF BUSINESS/ORGANIZATION St. Joseph Parish CONTACT PERSON: NAME Darlene M. Neuman ADDRESS 171 Elm Street TELE. NO . 784-3015 NAME OF APPLICANT: NAME ADDRESS TELE. NO. St. Joseph Parish 171 Elm Street 784-3015 DESCRIPTION OF EVENT/ENTERTAINMENT August Festival DATE(S) OF EVENT August 10 & 11..1996 TIME PERIOD (S) EVENT WILL BE HELD August 10th 6 PM to 11 PM August 11th 11 AM to 5 PM LOCATION OF EVENT/ENTERTAINMENT (INSIDE OF BUILDING/OUTSIDE IN PARKING LOT, ETC.) Outside in parking lot NUMBER OF PEOPLE EXPECTED TO ATTEND EVENT/ENTERTAINMENT 500 OTHER SPECIAL PERMITS OR LICENSES REQUIRED (OFF -SALE BEER, ETC.) off sale beer & gambling license DESCRIPTION OF METHODS TO CONTROL MOVEMENT OF PUBLIC AND NOISES (SEE REVERSE SIDE FOR RESTRICTIONS) SIGNATURE OF APPLICANT pc„..4.1....„ DATE OF CITY COUNCIL APPROVAL CABARET LICENSE RESTRICTIONS/PROVISIONS SUPERVISION: Applicant shall provide an officer of the law or other supervisory person(s) as designated by themselves. BARRICADES: Restrictive devices shall be provided defining the area to be used for such event/entertainment. TRAFFIC CONTROL AND PARKING: No portion of a roadway shall be used for parking so that traffic is in any manner impeded. Adequate parking shall be made available and readily accessible to all patrons. SPEAKERS: Precaution shall be taken to insure that the sound of the loud speaker systems and the crowd shall not carry unreasonably beyond the boundaries of the location of the event/entertainment. SANITARY FACILITIES: Adequate sanitary facilities as prescribed by the Minnesota State Board of Health Regulations and Standards shall be made available. CLEANUP PLANS: Area of event/entertainment shall be clean and restored to previous condition within 24 hours following the event/entertainment. IT IS ILLEGAL TO SERVE OR PERMIT THE CONSUMPTION OF INTOXICATING LIQUOR OUTSIDE OF THE LICENSED BUILDING ON THE PREMISES. TEMPORARY 3.2 BEER LICENSES AND TEMPORARY SET-UP LICENSES ARE AVAILABLE TO NON-PROFIT, RELIGIOUS AND CHARITABLE ORGANIZATIONS UPON APPLICATION. eo No. 2941—State Form 109. STATE OF MINNESOTA Combination Application for Retailer's (On -sale) (3) Non -Intoxicating Malt Liquor License To the City of Lino Lakes Name of licensing authority (county) (city) County of Anoka I, St. ,Joseph Parte of the city, or , town. of Lino Lakes county of Anoka State , , of .Alinnesota, hereby make applieation for a Retailer's (On -sale) (Off -sale) Non -intoxicating Jllalt Liquor License to sell such .Malt liquor under and pursuant to an ordinance (resolution) passed by city council, couu.ty hoard of , and (Chapter 340, Minnesota Statutes 1945, as amended, providing for licensing and regulating the rale of non -intoxicating malt liquor. During the past five years, my residence has been as follows. I was born at Msr"- Day Year City i Borough Town State or County I am a (native) (naturalized) citizen of the United States. 1 am married. My (wife's) (husband's) name and address is I am proprietor. - Firm, was incorporated 1891 in the state of Minnesota Corporation is authorized to do business in Minnesota. License is for 161 EZm Street (street) (highway) located as follows: The license will be in connection with August Festival , Drug Store, Cafe, Restaurant, Hotel. Club which has been in operation 105 years Months Years The establishment is located on the 161, 171, & 202 Elm Street fir The business premises are owned by St. Joseph Parish The taxes on the property are not delinquent. I am not engaged in the retail sale of intoxicating liquor. I have not had an application for license rejected as follows: I have never been convicted of a felony nor of violating any National or state liquor kw or local ordinance relating to the manufacture, sale or transportation, or possession for sale or transportation of intoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises. I am the owner of the leasehold, furniture, fixtures, and equipment in the premises for which the license is applied, except NSA I have no intention or agreement to transfer the license to another person. I submit the following names of persons, including a bank, for reference, with whom I have had business relations as follows: I intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No I will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purposes and will serve patrons in full view of the public. I agree to waive my Constitutional Rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance (resolution) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and that I agree to comply with all the provisions of the ordinance under which this license is granted. Subscribed and sworn to before me this day of --- f%h1 y 19 96 Olt i2 M, 77,424.0_,,-/-2,.......„," A , NOTE: L enses may be issued only to persons who are citizens of the United States and who are of good moral character and repute, who have attaine. for which the licenses are issued. Laws 1949, 700. establishments c. .-' M.i. ;