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HomeMy WebLinkAbout06/12/1995 Council Packet6:00 P.M. ECONOMIC DEVELOPMENT AUTHORITY PUBLIC HEARING, BLUE HERON LTD. LAND SALE AGENDA CITY OF LINO LAKES Monday June 12, 1995 6:30 P.M. - Call to Order and Roll Call - Setting the Agenda: Are There Any Items to be Added or Deleted from the Agenda? CONSENT AGENDA A. Consideration of Minutes: 1. Regular Council Meeting, May 22, 1995 2. Council Work Session, May 3, 1995 3. Council Work Session, April 19, 1995 4. Closed Meetings for Lake Amelia Estates Litigation: A. February 10,1992 B. June 8, 1992 C. June 17, 1992 D. July 27, 1992 E. February 22, 1993 F. July 26, 1993 G. April 25, 1994 AGENDA 5. Closed Meetings for Negotiation of Lino Lakes Management Association Union Contract: A. November 18, 1993 B. December 8, 1993 6. Closed Meetings for Reshanau Park Estates Homeowners Association Litigation (Boat Launch): A. September 27, 1993 B. May 23, 1994 C. July 25, 1994 D. August 22, 1994 E. September 21, 1994 F. November 14, 1994 G. April 5, 1995 7. Other Closed Meetings: A. March 8, 1993 B. Consideration of an Application for Authorization for Exemption from Lawful Gambling License, St. Joseph Catholic Church, Marilyn Anderson REGULAR AGENDA 1. Open Mike A. 20/20 Vision Update, Kim Sullivan 2. Consideration of Disbursements: A. May 31, 1995 B. June 12, 1995 C. Centennial Fire District 3. Presentation of 1995 Executive Summary Audit, Mary Vaske, PAGE 2 AGENDA Randy Schumacher 4. PUBLIC HEARING, Modification of Tax Increment Financing District No. 1-4, (Blue Heron, LTD.) Brian Wessel A. Consideration of Resolution No. 95 - 65 Approving Modification of Tax Increment Financing District No. 1-4, (Blue Heron, LTD.) 5. Consideration of SECOND READING, Ordinance No. 10 - 95 Authorizing Sale of City of Lino Lakes Land in the Apollo Business Park to Mag -Con, Inc., Brian Wessel 6. Consideration of Setting a Special Council Meeting for June 29, 1995, 5:15 P.M. for the Purpose of Holding a Public Hearing Regarding Establishment of a Development District Program and Tax Increment Financing District No. 3-1, (Clearwater Creek), Brian Wessel 6A. Consideration of Resolution No. 95 - 73 Calling for a Public Hearing on the Plan for Tax Increment Financing District No. 3-1 (Clearwater Creek) 7. Consideration of a Letter from the Centennial School District Requesting a Feasibility Report for Utilities and Transportation Issues as They Relate to Proposed Building Site North of Elm Street, Randy Schumacher 8. City Engineer's Report, John Powell A. Consideration of Bids for Well No. 3, Resolution No. 95 - 72 B. Consideration of the Cooperative Construction Agreement with the Minnesota Department of Transportation for the Lake Drive (CSAH 23)/Highway 49 (Hodgson Road)/North Road (CSAH 10) Improvements, Resolution No. 95 - 66 C. Consideration of Resolution No. 95 - 67 Approving Plans and Specifications and Authorizing Advertisement of Bids for the Lake Drive (CSAH 23)/Highway 49 (Hodgson Road)/North Road (CSAH 10) Improvements D. Consideration of Resolution No. 95 - 68 Declaring Adequacy of a Petition and Ordering Preparation of a Feasibility Report for the Fourth Avenue Trunk Utility Improvements PAGE 3 AGENDA E. Consideration of Resolution No. 95 - 69 Receiving the Fourth Avenue Trunk Utility Feasibility Report and Setting a Public Hearing for July 24, 1995, 6:45IP.M. F. Consideration of Resolution No. 95 - 71 Ordering Preparation of Plans and Specifications for Well No. 4 9. Consideration of Resolution No. 95 - 61 Accepting Donation from the Ladies Auxiliary VFW Post #6583, Chief David Pecchia 10. Consideration of Resolution No. 95 - 64 Accepting Donation from the Circle -Lex VFW, Post #6583, Chief David Pecchia 11. Consideration of Approving Implementation of Master Park Plan for Four (4) Parks, Marty Asleson • 12. Discussion of Policing Services for the City of Centerville, Randy Schumacher 13. Old Business A. Consideration of an Agreement With Anoka County for Recycling (SCORE) Funds, Randy Schumacher B. Consideration of Appointment of Jean Viger as ADA Coordinator, Randy Schumacher 14. New Business A. Consideration of Classification and Sale of Tax Forfeit Lands, Marilyn Anderson B. Consideration of Renewal Application for On -Sale and Off -Sale Liquor Licenses, Marilyn Anderson C. Consideration of an On -Sale 3.2 Beer License and Cabaret License for St. Joseph Catholic Church, Marilyn Anderson D. Set Work Session for City Council and Staff to Prepare 1996 Operating Budget,- Randy Schumacher 15. CLOSED COUNCIL MEETING for Discussion of Labor Contract for International Union of Operating Engineers, Local #49 16. Adjourn PAGE 4 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MAY 22, 1995 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Consulting Planner, Al Brixius; Consulting Engineer, Steve Heth, SEH; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM CONSIDERATION OF MINUTES: Council Meeting, May 8, 1995 Council Meeting, March 13, 1995 DISPOSITION Approved Approved CONSIDERATION OF FIRST AMENDMENT TO THE BLUE YONDER BALLOON COMPANY CONTRACT Approved REGULAR AGENDA OPEN MIRE 20/20 Vision Update, Kim Sullivan - Ms. Sullivan explained that she is before the City Council this evening to update date the PAGE 1 COUNCIL MEETING MAY 22, 1995 20/20 Vision project. She handed each Council Member a Summary of the Thursday, May 18, 1995 20/20 Vision meeting. She noted that Mr. Carl Neu, several staff members and several Council members were at this meeting. The purpose of the meeting was for Mr. Neu to present an evaluation of the work that has been done by the Vision groups and to focus on what to expect from now on. Ms. Sullivan explained that meeting with Mr. Neu was video taped and will be shown at city hall over the next two (2) weeks to the advisory groups and staff and any Council member that wishes to attend. A copy of the video tape will be available to the public and can be checked out by staff. Mr. Neu felt that the 20/20 Vision project had some real good feedback from the citizens and that the visioning process has the ability to be effective depending upon whether the action plans are put into place and how "actionable" the information is once the City staff has had the opportunity to work with the information. Ms. Sullivan explained that the City Council and staff will be more involved from this point. She noted that the Planning Coordinator and the Economic Development Assistant has been attending the 20/20 Vision meetings on a weekly basis to validate the action items and to make sure that the dates are appropriate and to make sure that what is being recommended is "real". How will the recommendations fit and what are some of the consequences. The citizens need to feel that the City is working with them and trying to implement what they have recommended. Ms. Sullivan felt it was important that the Council and staff continue to participate in the process over the next couple of weeks. Mr. Neu told the citizens to be aware that the City might need to amend the action plans that they are recommending. The citizens have accepted the fact that they are not the experts on some of the issues. They have spent long hours reading the Comprehensive Land Use Plan, the Economic Development Plan and City Charter and have decided that there must be experts who can give them direction. They are looking to the City staff to provide some of that direction. They recognize that there are some limitations and that the action plans may not be implemented exactly as they have been recommended. However, the intent will always be there. Ms. Sullivan explained that when staff works with the 20/20 groups, the citizens recognize that this is a collaborative effort. Mr. Neu indicated that there are two (2) issues that may cost more than what the citizens are willing to support. One of the issues was already addressed but not included in the presentation. The other issue will be considered further by the PAGE 2 COUNCIL MEETING MAY 22, 1995 20/20 Vision group this week. Ms. Sullivan explained that one of the recommendations caused an overlap in responsibilities. Mr. Neu noted this and made some recommendations on how else they may address the issue. Mr. Neu noted that the level of detail in the groups was very good. At the end of the City Council and staff portion of Thursday's meeting, it was unclear whether or not the action items were appropriately specific. Mr. Neu said that they were specific and appropriate. He also indicated that it was important for the citizens to recognize where they feel they are supportive of the current City plans. In several cases the citizens discussed both the Parks Plan and the Comprehensive Land Use Plan and indicated how they felt that some of the issues have already been addressed in these documents. The process will continue with group meetings. They should complete their work the first week of June. Another meeting with the citizen groups, City Council and staff will be scheduled after the second week in June. Ms. Sullivan stressed that it is very important that the Council and staff be very aware of what is happening with the 20/20 Vision project. She asked that they attend the meetings or keep in touch with what is happening because sometimes without knowing the background, it is real difficult to interpret the words on a document. Listening to the dialogue in the groups will give a better understanding of the intent of the citizens. Ms. Sullivan noted that the City is also a partner in the 20/20 Vision process. She felt that the citizens have gained a better understanding of city government. It is an essential for citizens to recognize that they provide the vision, and the purpose of the City staff is to be the experts and put into place the things that the citizens want to see in their community. Ms. Sullivan felt that it is very important that the City Council and staff work with the citizens to achieve their vision. She said that it is very important that the City Council and staff understand the citizen groups recommendations. If their recommendations are already in place or if the citizens groups do not fully understand what they are recommending or have a different "slant" on an issue, information should be provided to them so that they understand the differences. The City should go forward and make sure that the citizen groups are satisfied with the process. Ms. Sullivan explained the next step in the 20/20 Vision process is for the City to take the citizen groups recommendations and incorporate them into the City planning process and in the budget PAGE 3 COUNCIL MEETING MAY 22, 1995 process in June. The 20/20 Vision documents will help the various City departments prioritize their work for the next year and in the future. Ms. Sullivan explained that there are immediate steps that can be incorporated and prioritized in the day to day work of the City. Mayor Reinert felt that things are moving along well. He noted that he has heard some favorable comments from some of the 20/20 Vision group members. They feel confident that what they are doing will be of some value to the City. Mayor Reinert noted that Mr. Wessel will be meeting with one of the groups on Thursday to discuss the Tax Increment Finance (TIF) process. He invited any Council Member or citizen interested in this subject to attend that meeting. Ms. Sullivan reviewed the agenda for this week for the citizen groups. The growth group will meet on Tuesday evening at 7:00 P.M. to review their definition of open space. Mr. Neu made it clear that each citizen group will have a different definition of "open space" as it relates to their issue. Ms. Sullivan invited the Council to attend this meeting. The education group will meet on Tuesday evening at 6:30 P.M. Senator Jane Krenz will be addressing the group regarding educational issues. The environment group will meet on Wednesday to review and add to their recommendations. The parks group also meet on Wednesday evening. This may be their last meeting. They have completed their recommendations. This group will be meeting during the week with Mr. Asleson, Parks Director, to clarify some questions and prioritize items for this area. On Wednesday evening Mr. Wessel will meet with the commercial group to talk about TIF. There is an open invitation to attend this meeting. Ms. Sullivan explained that a member of one of the citizen groups spoke to her last week and said that when the project was started, she had a feeling that something was wrong with the City. She said she did not know why or where the feeling came from, but felt that she had to become a part of the 20/20 process and fix whatever was wrong. She has read the Charter and the Comprehensive Land Use Plan and has done some real indepth study. She is surprised at how much information she has gained and felt that she is going away with far more information about the City PAGE 4 COUNCIL MEETING MAY 22, 1995 and how it operates and enjoyed the opportunity to meet the other group members and the people who actually "make things work in the City." She is very pleased about the project. Ms. Sullivan felt that this person is an excellent representative of other group members. Mayor Reinert thanked Ms. Sullivan for her presentation. Brian Bourassa and David Mitchell, OSM - Mr. Bourassa explained that he has resigned his position at OSM and has accepted a position in another unrelated field. He noted that he has worked in some capacity for the City for the past eight (8) years and thanked the City Council for the opportunity to serve his community. Mr. Bourassa noted that he has been treated with great respect by both the staff and City Council and expressed his appreciation to both staff and Council. Mr. Bourassa introduced Mr. Mitchell and explained that Mr. Mitchell will be assuming his duties at OSM including representing Lino Lakes at the Rice Creek Watershed District. He explained that Mr. Mitchell is well qualified for the consulting engineer position, already has a working relationship with Mr. Powell and will serve the City well. Mr. Mitchell said that everyone at OSM is sad to see Mr. Bourassa leave but they wish him well. He gave a brief outline of his qualifications and experience as well as naming a number of other communities where he has worked as a consulting city engineer. Mr. Mitchell noted that he lives in the City of Blaine and this will make it easy for him to serve the City. Mayor Reinert said that the City Council is looking forward to working with Mr. Mitchell. He also said that he is sorry to see Mr. Bourassa leave his position with OSM and wished him the best in the future. Judith Seekon, 889 Main Street - Ms. Seekon explained that there is a very dangerous traffic situation on Main Street east of Lake Drive. She said that a very large traffic sign has been post saying, "State Law Unlawful to drive on shoulder of the road". Every time that she comes home from Lake Drive, she has to make a left turn into her driveway. While she is waiting for traffic coming from the east to clear, traffic is coming from the west at very high rates of speed and pass her on the shoulder. This is getting really dangerous and will become more dangerous when school is out for the summer. Ms. Seekon noted that there is normally a lot of pedestrian traffic in her area and in the summer there are bikers, joggers, mothers with strollers using PAGE 5 COUNCIL MEETING MAY 22, 1995 the no passing area. She also noted that she, her son and a neighbor have come close to being hit by high speed traffic from Lake Drive. Ms. Seekon felt that someone is going to get hurt in this area. Ms. Seekon said she has talked to two (2) police officers about this situation and they told her that there is nothing that they can do about the situation. Mayor Reinert asked Mr. Schumacher to check with the Chief of Police and ask him to check with Ms. Seekon if he has further questions. Mayor Reinert thank Ms. Seekon for bringing this matter to the attention of the City Council. CONSIDERATION OF DISBURSEMENTS May 22, 1995 - Council Member Elliott moved to approve the disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Kuether moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, ESTABLISHMENT OF TAX INCREMENT FINANCING (TIF) DISTRICT NO. 1-7, NOL -TEC SYSTEMS, INC. AND MAG -CON, INC., BRIAN WESSEL Mayor Reinert opened the public hearing at 6:54 P.M. Mr. Wessel used the overhead projector and showed the proposed location of this TIF District No. 1-7. He noted that the purpose of the public hearing is to allow public comment regarding the establishment of a new TIF district to encourage industrial development in the Apollo Business Park. TIF District No. 1-7 will allow the City to provide financial assistance for land and special assessment to Nol-Tec Systems, Inc. and Mag -Con, Inc. TIF District No. 1-7 also includes the remaining unsold parcels within the City owned portion of the Apollo Business Park. There was no one in the audience to speak on this matter. Mr. Ron Batty, Holmes and Graven, explained that this will be an economic development district. State Statutes allow the Economic Development Authority to use the increment for a period of nine (9) years receipt of increment or 11 calendar years from today whichever occurs first. This is an EDA project and the project was approved by the EDA prior to this meeting. The State PAGE 6 COUNCIL MEETING MAY 22, 1995 Statutes require that the governing body if not the same as the EDA, which it is not, also approve the TIF district. That is why the City Council is holding this public hearing this evening and finalizing the district. Council Member Elliott moved to close the public hearing at 6:57 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 63 Approving the Plan for Tax Increment Financing District No. 1-7 - Mr. Wessel explained that the final step in the process to establish TIF District No. 1-7 in the Apollo Business Park requires the City Council to adopt a resolution approving the TIF plan. This resolution will be sent to Anoka County for certification of the District. Council Member Bergeson asked if there was a waiting period before this resolution takes effect. Mr. Schumacher said no, only ordinances have a waiting period of 30 days. The TIF District No. 1-7 will be in effect this evening after the resolution is approved. Council Member Bergeson asked Mr. Batty, if the City Council adopts this resolution this evening, does this start the clock on the District. Mr. Batty explained that the 11 year period of this District will begin today. Council Member Kuether moved to adopt Resolution No. 95 - 63 Approving the Plan for Tax Increment Financing District No. 1-7. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONSIDER MAKING AN IMPROVEMENT, WELL SITE NO. 4, CLEARWATER CREEK SUBDIVISION, JOHN POWELL Mayor Reinert opened the public hearing at 7:00 P.M. Mr. Powell used the overhead projector and pointed out the proposed site of the well in Clearwater Creek subdivision. On April 10, 1995, the City Council received the feasibility report for this project and a public hearing was set for this evening. The information contained within the outlines the site of the well as well as a cost estimate. The tentative schedule for the project includes getting the plans to the City Council for their approval no later than July 11, 1995. This will allow the well construction to begin in August with a completion date in October. The pump house will be bid separately and the completion of the pump house will take place next spring. There have been discussions with the developer regarding the location of the well site. Three (3) lots in Phase I have been set aside for the well. All three (3) sites are located very PAGE 7 COUNCIL MEETING MAY 22, 1995 close to Cedar Street and Otter Lake Road. Mr. Powell noted that a site for the lift station will be selected from lots in this area. Since there will be some high-cost homes constructed in this project, two (2) cost estimates for the pump house have been prepared. The first estimate is for a utility garage concept. This concept is more typical of a commercial/industrial area pump house with brick walls and no windows. The construction cost of this pump house is $235,000. Contingencies and engineering costs brings the total project cost to $297,275.00. Mr. Powell recommended that a residential concept pump house be constructed in this area. This concept would involve the front line of the pump house broken up with a garage area, siding typical of a home type construction and a false window. The structure would also have a peaked roof and would not be as obvious. It would look more like a small home with an attached garage. The total cost of this residential concept for the pump house is estimated to be $309,500.45. Council Member Neal asked if anyone from the Police Department or the Fire District talked to Mr. Powell about putting a police and fire substation in the pump house. Mr. Powell said no, it probably would not be large enough. Although both Chief Pecchia and Chief Bennett are aware of this proposal, they have not contacted him about using the pump house for anything other than a well house. Mr. Powell will follow up with Chief Pecchia and Chief Bennett. There was no one in the audience to speak on this matter. Council Member Kuether moved to close the public hearing at 7:05 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Powell said that no further action on this matter is required at this time. A request for authorization of plans and specifications with a very specific schedule for the well and pump house construction will be considered at a future Council meeting. PLANNING AND ZONING REPORT, MARY RAY HYLAND Minor Subdivision, Blue Heron LTD, Apollo Business Center - Ms. Wyland explained that this request is to create a 2.4 acre lot in the Apollo Business Center. The property is zoned Light Industrial (LI) and is the site for the Blue Heron project which is an office/warehouse complex. Municipal utilities are available to serve the site. A 50 foot utility easement will be PAGE 8 COUNCIL MEETING MAY 22, 1995 required over the existing sewer and watermain that runs along the eastern border of the proposed lot. The City Zoning Ordinance, as amended by Ordinance No. 12 - 94, provides for one acre lots with 100 feet of lot width in the LI zoning district. The proposed lot meets those requirements. For Planning and Zoning information, staff and the owner of the Apollo Business Center, G.M. Development, have determined to plat the property as parcels are sold rather than plat the entire site. This allows for greater flexibility for potential purchasers and expands the options in marketing the site. Staff has reviewed this request and recommends approval of the request with the condition that a 50 foot utility easement be provided over the existing sewer and watermain on the eastern portion of the site. A site plan review which deals with site improvements including drainage and utility concerns is the next item for consideration this evening. The Planning and Zoning Board recommended approval of the request with the condition that the above described 50 foot utility easement be provided. Council Member Kuether moved to approve the minor subdivision with the 50 foot utility easement over the existing sewer and watermain on the eastern border of the site. Council Member Bergeson seconded the motion. Motion carried unanimously. Site Plan Review, Blue Heron LTD., Apollo Business Center -Ms. Wyland explained that the Blue Heron project involves the construction of a 20,186 square foot building containing office and warehouse space. The property is located in the Apollo Business Center which is zoned Light Industrial. Office and warehouse uses are permitted uses in this zoning district. The developers intend to offer space for rent in 2,500 square foot increments. A dock area is provided to access the warehouse portion of the building. Phase II involves a similar building planned for future construction. This phase will also require a subdivision and a site plan review. Staff and the Planning and Zoning Board have reviewed the site plan and recommend approval with the following conditions: 1. Proper building permits be obtained prior to construction. 2. The proposed construction shall meet all building and parking setback and height requirements. PAGE 9 COUNCIL MEETING MAY 22, 1995 3. A minimum of 10% green area shall be provided. 4. Landscaping shall be provided according to the site plan dated May 7, 1995. A sprinkler system shall be provided for maintenance of all green areas. The City Forester shall review the landscaping plan to insure suitability of selected species. 5. The exterior construction will be rock face block with breakoff block design. 6. An interior sprinkling system will be provided per State Fire and Building Code requirements. 7. B6-12 curbing shall be provided around the perimeter of the parking area and access drives. 8. Parking areas shall be surfaced and stripped with handicapped parking provided per ADA requirements. Adequate parking has been provided on site (50 parking spaces). 9. Trash shall be stored behind a seven (7) foot masonry enclosures which match the building. 10. Screening to match the building shall be provided for rooftop heating and ventilating equipment. 11. All drainage, utility and grading plans shall be submitted for review and approval by the City Engineer. 12. Access to the site shall be provided by one (1) shared access drive. The developer shall sign a "shared driveway agreement" prior to occupancy. 13. A development agreement shall be signed by the developer and made a part of the site plan review. 14. A lighting plan be reviewed and approved by staff prior to construction. The City staff, the EDAAB and the Planning and Zoning Board have reviewed this request and recommend approval with the conditions outlined above. Mr. Wessel explained that EDAAB has been working on an incubator concept for small businesses for about two (2) years. He noted that Blue Heron LTD. has been very cooperative in getting the project to this point. The proposed building could house up to eight (8) small companies. Mr. Wessel noted that Ross Rivard, a PAGE 10 COUNCIL MEETING MAY 22, 1995 partner in Blue Heron LTD., is here to respond to questions as well as Myles Borstad, who is the leasing agent. Mr. Wessel explained that the project is on a "tight" time table. Construction is expected to begin in July. He noted that EDAAB is very pleased with the project because the design has the ability to be broken down into 2500 square feet increments. Council Member Kuether asked if any of the spaces were already rented. Mr. Borstad said not at this time, however there is an interest in several of the spaces. He explained that he has not been able to actively pursue possible businesses until the project received some formal action from the City Council. Mr. Wessel explained that the Anoka County Partnership has its own incubator program and Mr. Roger Jensen, of this organization, has provided assistance to Lino Lakes to respond to this project. Council Member Elliott moved to approve the site plan review with the conditions outlined above. Council Member Bergeson seconded the motion. Motion carried unanimously. Site Plan Review, Willow Ponds Senior Cottages, Elm Street - Mr. Brixius used the overhead projector to show the location of this project. He explained that this is a 48 unit elderly residential development on a 13.6 acre site east of Sunset Road, south of I35W and north of Elm Street. The proposed project is a down scale of what was reviewed in 1992. The original plan proposed 90 units of senior housing. This current request also includes 10 single family homes on the eastern portion of the site. This proposal includes a site plan review, a preliminary plat review and a rezoning of the area platted for the single family homes. However, due to a publication requirements, the plat and the rezoning will not be considered at this time. Mr. Brixius briefly reviewed this project beginning in 1992. The site is currently zoned R-4, Multiply Family allows density up to 15 units per acre. The proposed senior project is proposing a density of approximately 8.3 units per acre. Therefore, density conforms with the R-4 standards. Lot size, lot width and lot depth also conform to the R-4 standards. Mr. Brixius noted that there is a PDO overlay of the R-4 zoning to accommodate some flexibility because the site is proposed for elderly housing. The flexibility includes the establishment of private roadways and some parking considerations. The request is an internal roadway system that will be privately owned outside of Elm Street. There is also a dedication of seven (7) feet right-of-way along Elm Street to complete City and County requirements. In consideration of the occupancy limitations, the PAGE 11 COUNCIL MEETING MAY 22, 1995 private roadways arrangements and parking flexibility was considered to be appropriate. The layout in the site plan generally conforms to all required setbacks and provides adequate parking. Generally tandem parking is not an acceptable arrangement in meeting the City Code requirements. However, in view of the elderly occupancy, it is felt that the parking demand for this type of housing is going to be less and therefore, the flexibility to allow for tandem parking spaces is acceptable with the following conditions: 1. The dwelling units be occupied only by elderly residents, 55 years and older. 2. Garage stalls should be provided without a fee to meet parking requirements. 3. There should be no dwelling unit conversions for family use. 4. Parking spaces will not be used for storage of recreational vehicles, boats or trailers. Mr. Brixius noted that the applicant has some issues with these requirements and he will address them later. The Planning and Zoning Board discussions included the 28 foot drive that loops from Elm Street back to Elm Street. It was discussed and agreed to by staff that parking would be allowed on one side of that street. This is an exception of the requirement that there be no parking on the private streets. All parking must meet City Code with regard to bituminous surfacing, perimeter curbing, stripped parking spaces, designated handicapped parking spaces per State requirements and parking lot lighting. The total site provides 48% open space which meets City standards. Traffic circulation requires an access permit from the Anoka County Highway Department for direct access to Elm Street. There is a long dead-end private roadway that does not provide a turn radius for small van -type trucks servicing the site. As a requirement of site and building plan approval, this dead-end driveway should provide for van truck and trash truck turn around areas. The developer has indicated that all trash cans will be stored in the garage. Covenants should address this matter. PAGE 12 COUNCIL MEETING MAY 22, 1995 All grading, utility and drainage plans are subject to review and approval by the City Engineer and a development contract is also required as part of the site approval. The Planning and Zoning Board reviewed the site plan and recommended approval with one change. This change involves recommendation No. 5, "no parallel parking allowed on the private streets on the site". The Planning and Zoning Board recommended "no parallel parking is allowed on the private streets on the site plan that are narrower than 28 feet". Parking will be limited to one side of the 28 foot street. All other conditions outlined in the May 4, 1995 Bob Kirmis/Alan Brixius report were recommended by the Planning and Zoning Board. Council Member Kuether asked why one Planning and Zoning Board Member voted against this proposal. Mr. Brixius explained that this member expressed concern regarding the private street arrangement and giving the PDO flexibility that was being allowed. Mr. Roger Derrick, Cottage Homesteads of America, Inc. referred to the Planning and Zoning Board question regarding the 15 year versus the 30 year program. He explained that the Federal Government sets the federal tax credit program at 15 years. This means that the federal tax credit purchaser will be part of this program for 15 years. Mr. Derrick noted that Cottage Homesteads has agreed to extend the senior covenant for 30 years which means that this will be a senior housing project for 30 years. Mr. Derrick explained that a question had been raised as to whether or not the rental units could be sold as condominiums sometime in the future. He explained that there were no plans to do this. Since this is a senior project receiving tax credits, the developer cannot sell the units. Mr. Derrick said that there are no plans to sell the units after the first 15 years. It will continue to be a senior rental community. The Planning and Zoning Board considered placing a provision in the development agreement stating that the units could not be sold in years 15 thorough 30. Mr. Derrick objected to this provision because at the end of 15 years the project will be sold. He said he did not want to mislead anyone and stated again that the project will be sold at the end of 15 years. The covenant will remain in place, guaranteeing that the new owner will continue the project as senior housing. The units may be rented or purchased at that time. Mr. Derrick noted that it is his understanding that curbing will be required. He explained that this is not in the budget for this project and requested that curbing be limited to the through PAGE 13 COUNCIL MEETING MAY 22, 1995 street and not the driveways or the parking areas. Mr. Derrick said that deleting the curbing would not be setting a precedent since this is a private street. He noted that are no driveways in the City that are curbed and felt there should not be curbs on these private driveways. Mr. Brixius said that the City Engineer has prepared a report dated May 5, 1995. He asked that any recommendation in that report be included in a Council motion. Mr. Brixius said that curbing is a City zoning standard and has been applied throughout the community in both the residential, commercial/industrial and multifamily developments. The driveways leading up to the garages would not necessarily need curbing, however all private streets and parking areas should meet this standard. The PDO flexibility that has been noted as far as parking and private drives can be related directly to occupancy. The curbing is a budgetary item and is something that staff deals with each time a developer says that he never planned to pay for it. Mr. Brixius said that staff is holding the line on this item. He noted that it was recommended for the 1992 proposal and again is recommended in 1995. Mayor Reinert said he did not understand the concern about placing curbing along driveways. He noted that Mr. Brixius did not require curbing on driveways. Mr. Brixius explained that Mr. Derrick was objecting to placing curbing on the private access streets serving more than one driveway. Mr. Brixius pointed out these areas on the overhead projector. Mr. Derrick said this situation is different because this development has single family residential development character and not a commercial development character. Mayor Reinert said that he felt that curbing adds to the appearance of a development and would help make the development easier to sell in 15 years. Mr. Derrick said he felt that whether or not there is curbing, the development will look the same in 15 years as it is built. It will be professionally maintained and will be beautiful in 15 years. Mr. Brixius noted that the Planning and Zoning Board also discussed the potential re -use of the various garage spaces. A recommendation was made that if a tenant does not have a car, but has a garage, they may have some latitude in renting the garage but it is limited to another tenant who lives in the same development. Council Member Bergeson asked if the Planning and Zoning Board made any recommendation on use after 15 years. Mr. Brixius stated that it will remain a senior housing for the next 30 PAGE 14 COUNCIL MEETING MAY 22, 1995 years. There was no discussion regarding whether the units would remain rental or be sold. Ms. Wyland explained that according to the Planning and Zoning Board minutes, Mr. Derrick indicated that covenants would provide that the project would be single ownership which would mean that the project will continue as rental units for 30 years. Mr. Derrick said that this is not his understanding. The covenants would provide that the units be senior housing for 30 years, but could not guarantee that the units would remain rental units after the first 15 years. Ms. Wyland said that Mr. Derrick had indicated that the entire project would be sold as one unit. Mr. Derrick said that he will see the entire project as one unit but could not guarantee that the new owners would do anything in particular during the next 15 years. Council Member Kuether said regardless of how the project is sold after 15 years, the new owners would have to come before the City Council and request approval for any change in operation. Mr. Derrick said he did not want to promise something that may not happen. Council Member Bergeson noted that there will be a developers agreement and many covenants. He felt that this particular concern should be addressed in the developers agreement and should not be a part of this review. Mr. Brixius said that if there is an issue regarding rental as opposed to owner occupied, an approval of the site and building plan should include this issue as an issue to be resolved. He wanted to be sure that the issue has been resolved or is not an issue at all. Mayor Reinert said that for the first 15 years the project will be rental senior housing. Mr. Brixius said that Mr. Derrick is willing to extent the use as senior housing for another 15 years. However, the issue is whether or not the second 15 years will remain rental or become condominium ownership. Council Member Kuether she feels that since the City is putting approximately one million dollars in the project, the rental guarantee should extend beyond 15 years. Mr. Derrick said he did not care if the project remained rental for 1,000 years. His concern is that both the tax credit buyer and the lender both intend to sell the project at the end of 15 years. If there is a covenant that they think will prevent them from selling the property at the end of 15 years, or is different from the way they have approved it, they may not be willing to continue in the project. Mayor Reinert asked Mr. Brixius how the property is zoned. Mr. Brixius said Multifamily with a PDO. Mayor Reinert said that controls the use of the property. If the property is sold after 15 years and the new owner wants to change the use to condominiums the new owner must make a formal application that will be considered by the City Council. Mayor Reinert explained to Mr. Derrick that the PDO zoning controls the use of the property. Mr. Derrick said he understood and this is PAGE 15 COUNCIL MEETING MAY 22, 1995 acceptable to him and his finance persons. Council Member Kuether asked if the property would have one property identification number or one for each unit. Mr. Brixius said it would be one property identification number for all the senior units. Council Member Elliott referred to the curbing issue and asked what is the cost difference between curbing as Mr. Brixius is suggesting and curbing as Mr. Derrick suggested. Mr. Derrick explained that the additional curbing would cost approximately $30,000.00. Council Member Elliott asked if other senior projects that he has been involved in have the curbing as suggested by Mr. Brixius. Mr. Derrick said no, only on the main street. Council Member Kuether moved to approve the site plan review of Willow Ponds with the change that parallel parking be allowed on one side of the 28 foot private street and subject to all conditions outlined in the City Engineer's, City Planner's and Planning and Zoning Board reports. Council Member Neal seconded the motion. Motion carried unanimously. Site Plan Review, Lino Lakes Correctional Facility, 7545 Fourth Avenue - Ms. Wyland explained that the Correctional Facility is zoned Public/Semi Public and public buildings for county and state government are permitted uses in this zoning district. The Zoning Code requires that any construction other than single family requires site plan review. The proposed request is to allow six (6) components of construction/reconstruction including the following: 1. Replacement of one boiler. 2. Upgrade of existing perimeter fence with supplemental wire barrier and replacement of electronic perimeter surveillance. 3. Remodeling and addition for the reception/segregation unity (2,450 square foot addition). 4. Construction of a new 232 bed minimum security chemical dependency unit (approximately 34,425 square feet). 5. Increase capacity and remodeling of existing food service and dishwashing area. 6. Remodeling to provide space for new dental exam room and X-ray unit in existing infirmary. The Building Inspector and the Fire Chief have reviewed the proposed construction plans with the Correctional Facility. Because this is a State owned prison facility, extensive review PAGE 16 COUNCIL MEETING MAY 22, 1995 is conducted by the State. Numerous items are considered highly confidential and not for public information. The plans meet all requirements imposed by the Uniform Building Code and Fire Code. Engineering plans have been reviewed by the City Engineer and utilities are adequate to serve the proposed expansion. The Planning and Zoning Board and staff recommend approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to construction. 2. The City Engineer review and approve all utility and drainage plans. Council Member Bergeson asked if there are any problems with the current utility capacity. Mr. Powell said no, the Correctional Facility is immediately abutting the West Central trunk utilities. Expansion of the Correctional Facility as well as the additional residential construction was taken into account in the sizing of the trunk utilities. The Correctional Facility abuts the elevated storage tank and a trunk watermain is immediately assessable. Council Member Kuether asked what would happen if the City did not approve the expansion of the Correctional Facility? No one could answer this question. Ms. Wyland noted that the City received very detailed plans. She also noted that the area is zoned Public/SemiPublic and State and County facilities are permitted uses and does require site plan review. Mr. Hawkins explained that the State must comply with all City regulations and requirements. Council Member Kuether asked as long as there is room on the site, they can keep adding buildings as they want because of the zoning. Ms. Wyland said yes, as long as the meet the requirements for green space and setbacks. Council Member Kuether said her concern is the more buildings and facilities that are constructed, the more residents will be housed there bringing additional problems. Mayor Reinert said that since they meet the City zoning requirements, the City Council cannot deny a permit or site plan review. Council Member Kuether moved to approve the site and building plan review with the conditions previously listed. Council Member Bergeson seconded the motion. Motion carried unanimously. Conditional Use Permit, Site Plan Review, Rehbein Transit, 6298 Hodgson Road - Rehbein Transit is requesting a Conditional Use Permit (CUP) and Site Plan Review to allow the construction of a 24,075 (107 foot x 225 foot) square foot metal sided pole barn for the storage of buses. The site currently contains an existing bus storage building of 12,950 square feet and a 5,940 PAGE 17 COUNCIL MEETING MAY 22, 1995 square foot shop/office. Rehbein Transit provides transportation services to the Centennial School District. The School District's expansion plans will require the need for approximately 40 more buses to be stored at this site. The proposed construction will provide interior storage for these buses. The City's Economic Development Authority Advisory Board has reviewed the site plan. The applicant has indicated that the exterior, although metal, will contain brick treatment along the front of the building similar to that which exists on the office/shop building. Additionally, they do plan to upgrade the front of the existing pole building with the overall color scheme in earth tones. City staff has reviewed the request. The proposed construction meets the setback requirements, building height standards and green space requirements. The existing on-site septic system is located to the north of the existing buildings and should not be affected by the proposed construction. The Planning and Zoning Board and staff recommend approval of the site plan review with the following conditions: 1. Proper building permits be obtained prior to construction. The Fire Chief has reviewed the plans and indicates that a sprinkler system will be required in the new building. 2. All buildings on site must be coordinated as to color scheme and brick treatment. Building plans are to be submitted prior the building permit review. 3. A 15 foot easement for trail purposes is to be provided along the front property line connecting with the Fox Trace trail immediately south of the Rehbein Transit site. The trail shall be graded and rocked per City trail standards. The City will provide bituminous surfacing in the fall of 1995. 4. Landscaping shall be reviewed and approved by the City Forester prior to issuance of building permits and shall include treatment of the fuel storage area and front property line. The plan shall be modified to provide screening that coordinates with the trail system. It is suggested that plantings be grouped rather than evenly disbursed. 5. The additional parking area noted on the plan dated May 26, 1994 shall be provided with a dustless, durable surface PAGE 18 COUNCIL MEETING MAY 22, 1995 (gravel is acceptable). 6. Grading of the site shall be reviewed and approved by the City Engineer. Future increase in impervious surfaces shall require review and approval of the City Engineer. 7. Timing of the proposed construction must be coordinated with the trunk watermain project to be constructed this summer. 8. A berm be designed and provided along Hodgson Road. This berm shall be incorporated into the landscaping and trail plan. The Planning and Zoning Board and staff recommend approval of this CUP and site plan review with the eight (8) conditions listed above. Council Member Neal asked how soon will the watermain be there? Mr. Powell said that the City would not delay their construction. The coordination concern is more addressed toward the temporary easement that the City is taking for the watermain construction. The City wants to make sure that it gets the full use of the temporary easement and then the grading, berm and planting can take place. Mr. Powell estimated that construction on the watermain project would start in about three (3) weeks and be completed in late August. Council Member Neal noted that there are two (2) types of sprinkler systems. One system is a wet system and the other system is dry. Since the building is not going to be heated they should use the dry system. Mr. Powell suggested that the Fire Chief and the Building Inspector help Mr. Rehbein address this issue. Ms. Wyland noted that there are system for non -heated buildings such as Knox and Mennards buildings. Council Member Kuether noted condition No. 3 and asked who will construct the trail. Ms. Wyland explained that the developer will grade the trail and place the rock on it. In the fall, the City places blacktop on all the trails that were constructed through the year. The City would then blacktop this trail segment at the same time the trail in Fox Trace is blacktopped. Council Member Kuether asked if it is normal for the City to require a landscape plan for existing business? Ms. Wyland explained that the City has not had a situation such as this. However, when the Living Water Church requested a site plan review, the City required that they place a trail on the back and the front of their property. The City's comprehensive trail plan indicates that a trail is to be constructed in front of the PAGE 19 COUNCIL MEETING MAY 22, 1995 Rehbein Transit buildings. In addition, the Fox Trace trail deadends at the beginning of the Rehbein Transit lot. Ms. Wyland talked to Mr. Rehbein and since they are regrading for the new construction, this request will not be a great expense to them. This trail will probably be located in front of a berm. Council Member Kuether asked if it is a normal procedure to submit a landscape plan. Ms. Wyland said that a landscape plan has been submitted showing some fairly mature evergreens. The Planning and Zoning Board has suggested that the plantings be grouped and worked around the berming. Council Member Kuether asked Mr. Rehbein if the buses he plans to purchase will all fit in the new building. Mr. Rehbein said yes. Currently about 30 buses are housed in the existing building. The new building will house the 20 buses that are parked outside plus 20 new buses. All buses will be housed in the two (2) buildings. Mr. Powell said that he, the Fire Chief and the Building Inspector will work with Mr. Rehbein regarding the sprinkler system for the new building. Council Member Kuether moved to approve the CUP and the site plan review with the stipulation 1 through 8 as listed above and to add item No. 9, No exterior bus storage. Council Member Neal seconded the motion. Motion carried unanimously. Variance, Bill Greene, 6693 East Shadow Lake Drive - Ms. Wyland explained that Mr. Greene has applied for a building permit to add approximate 755 square feet to his house. In reviewing the permit application, it was determined that the lowest floor was constructed in 1978, at an elevation of 886.57 feet. This is .57 feet above the 100 year flood elevation. In 1982 the City adopted the current Flood Plain Ordinance which requires the lowest floor elevation to be one (1) foot above the 100 year flood elevation or at an elevation of 887 feet in this location. Mr. Greene's house became nonconforming. In order for Mr. Greene to meet the requirements of the Flood Plain Ordinance, he would have to raise the proposed addition .43 feet. Mr. Greene believes this creates a hardship from both an aesthetic and functional standpoint. To allow the proposed construction at 886.57 feet, the same elevation as the existing structure, requires a variance from the Flood Plain Ordinance. According to the existing Flood Plain Ordinance, a "variance from the terms of the ordinance" may be granted provided it "will not be contrary to the public interest, where, owing to special PAGE 20 COUNCIL MEETING MAY 22, 1995 conditions, literal enforcement of the provisions of the Ordinance will result in unnecessary hardship...". Staff has determined that granting this variance is not contrary to the public interest and could be considered to create a hardship for the property owner. The proposed addition will meet all setback requirements of the R-1 zoning district and will also meet the City's Shoreland Ordinance. The Planning and Zoning Board and staff have reviewed the request and recommends approval with the condition that the Greene's sign a form to be registered with the property deed holding the City harmless of damages due to flooding. Ms. Wyland explained that she had checked with the City Attorney to be sure that requiring the hold harmless requirement was a reasonable request. Council Member Kuether asked if approving the variance would cause any hardship to Mr. Greene's neighbors. Ms. Wyland said no, some of the neighbors are at a lower elevation and may ask for a variance if they want to add to their property. Council Member Kuether asked if something happens to the neighbors because of the new construction on the Greene property, could the neighbors sue the City for damages. Mr. Powell said yes the City could be sued but he felt that there would not be a significant impact on the neighbors. Council Member Bergeson asked if it is known how high the flood water was during the last flood. Mr. Powell did not know. Mr. Greene said that the water reached an elevation of 884 feet. Council Member Elliott moved to approve the request for a variance as -requested. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 10 - 95 AUTHORIZING SALE OF CITY OF LINO LAKES LAND IN THE APOLLO BUSINESS PARK TO MAG -CON, INC., BRIAN WESSEL Mr. Wessel used the overhead projector and showed the location of the property in the Apollo Business Park. He explained that Mag - Con, Inc. is purchasing the property for use as a manufacturing facility. Mag -Con, Inc. is a small business currently located in Roseville and committed to moving to Lino Lakes. They manufacture small transformers. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the City. PAGE 21 COUNCIL MEETING MAY 22, 1995 Mr. Wessel noted the changes in the legal description of the parcel and explained that the sale price is $89,700.00. Mr. Wessel recommended that the City Council adopt the FIRST READING of Ordinance No. 10 - 95. Council Member Elliott moved to approve the FIRST READING of Ordinance No. 10 - 95. Council Member Bergeson seconded the motion. Motion carried unanimously. CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Approving a Purchase Agreement for Well Site No. 3, LaMotte Property, Birch Street - Mr. Hawkins explained that the City needs to acquire approximately an acre site for the location of Well No. 3. An eminent domain action was started to acquire the site. Throughout the process negations have continued with the LaMotte's for purchase of the land. The property has been appraised at $27,200.00. An agreement has been reached with the LaMotte's and they have signed a purchase agreement to sell the parcel to the City for $29,200.00. Mr. Hawkins explained that the purchase agreement is $2,000.00 more than the appraisal value. The LaMotte's feel that there has been some damage to their property as a result of a drainage ditch. Mr. Hawkins felt that if the City were to continue the eminent domain process on this matter, the cost would far exceed the extra $2,000.00. He felt that the agreed upon price of $29,200.00 is reasonable in this case. Mr. Hawkins explained that there will be a driveway to the well house. The purchase agreement includes a stipulation that the City would install a gate so that the well house will not be accessible by anyone other than persons who would normally have access to the well. A second agreement is if the excavation work on a ditch that the LaMotte's allege is not complete and is causing damage and preventing them from taking a hay crop from other property that they own, by August 1, 1995, the City would pay them another $1,000.00 for the loss of the hay crop in 1995. Mr. Hawkins recommended that the City Council accept the purchase agreement and authorize the Mayor and the City Clerk to sign the purchase agreement with the above stated agreement terms. Mr. Hawkins was asked how the appraiser determined the price of the land. Mr. Hawkins explained that the City will be taking the highest piece of land in this area for the well. Although it appears that the appraisal price is high, when you take the low land and the high land in the City and average them out, the value is about $12,000.00 to $18,000.00. In this case the City PAGE 22 COUNCIL MEETING MAY 22, 1995 is taking the prime piece of land out of the middle of the LaMotte's property. The appraiser has broken down how much of the property would be high land and how much would be low land and averaged out a price that would come to the average price per developable piece of property in this City. He has given this parcel the higher value because it is a prime developable parcel. Council Member Kuether asked if sewer and water services are available to this parcel. Mr. Heth said yes the watermain is across Birch Street and the sewer line is in front of the lot. Council Member Kuether moved to approve the purchase agreement and authorize the Mayor and City Clerk to sign the agreement. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Bids for Hodgson Road Watermain Improvement - Mr. Powell explained that on March 27, 1995, the City Council passed Resolution No. 95 - 37 approving plans and specification for the Hodgson Road Watermain improvement and ordering the advertisement for bids. The bids were opened at 10:00 A.M., Monday, April 24, 1995. The lowest responsible bid for this project was received from Bonine Excavating in the amount of $237,947.86 which was 13% above the City Engineer's estimate. The project could not be awarded due to City Charter restrictions. Bonine Excavating has been contacted and negotiations with them have reduced the amount of the bid to $230,200.50 which would comply with Charter restrictions. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 49 accepting the bid from Bonine Excavating. Council Member Kuether asked if it would be best to rebid the project. Mr. Powell explained that this is the second time the project was bid and both times the bids were over the City Engineer's estimate. He explained that it is important to get the project completed to provide service to the south area of Lino Lakes and to clear the right-of-way for the overlay project on Highway #49 in late August or early September. Council Member Bergeson moved to adopt Resolution No. 95 - 49 awarding the bid to Bonine Excavating in the amount of $230,200.50. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 23 COUNCIL MEETING MAY 22, 1995 Resolution No. 95 - 49 can be found at the end of these minutes. Consideration of Resolution No. 95 - 61 Approving Plans and Specifications and Authorizing Advertisement for Bids for Municipal Well No. 3 - Mr. Heth explain that on September 26, 1994, the City Council ordered plans and specifications and authorized eminent domain for Municipal Well No. 3. This project was initiated at that time to insure that another well was "on line" before the peak water use demand occurred in the summer of 1995. SEH has submitted plans for the well construction. The pumphouse construction will be bid separately and will begin after the well digging is completed, about mid-August. The construction schedule presented indicates this well will not be "on line" for the peak demand. City staff will evaluate the options for addressing the anticipated demand, will monitor actual demand, and will bring appropriate recommendations to the City Council. Mr. Powell recommended that Resolution No. 95 - 61 Approving the Plans and Specification and Authorizing Advertisement for Bids for Municipal Well No. 3 be adopted. Council Member Bergeson -moved to approve the City Engineer's recommendation. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 61 can be found at the end of these minutes. Consideration of Resolution No. 95 - 62 Approving Plans and Specifications and Authorizing Advertisement for Bids for the Black Duck Pumping Station - Mr. Heth explained that preparation of plans and specifications for this project was begun early last fall. The documents have now been submitted to the City for approval with a projected construction completion date of August 31, 1995. Mr. Heth recommended that the City Council approve Resolution No. 95 - 62 Approving Plans and Specifications and Authorizing Advertisement for Bids. Council Member Elliott moved to adopt Resolution No. 95 - 62 as recommended by Mr. Heth. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 62 can be found at the end of these minutes. Consideration of Change Order No. 1, Country Lakes Estates - Mr. Powell explained that the original design alignment for the trunk sanitary sewer along the north side of Birch Street between West Shadow Lake Drive and Fawn Lane called for the removal of many trees of various sizes. In response to concerns raised by a PAGE 24 COUNCIL MEETING MAY 22, 1995 nearby property owner and through discussions held between the property owner, the developer, and the City, a compromise was reached. This compromise calls for the jacking of about 220 feet of sanitary sewer instead of installing it via the open cut method. This will result in increased project costs to the developer and to a lesser extent the City, but will allow many of the larger trees to remain undisturbed. The contract is being modified to address the increased project costs. The change order also includes additional sewer quantities to, install a stub to the east of Fawn Lane which would provide access to sewer for a property owner who has indicated a desire to connect to City utilities. Mr. Powell recommended that the City Council approve change order No. 1. Council Member Elliott moved to approve change order No. 1. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Powell gave a progress report on this project. Consideration of Approval of the Metropolitan Council/Lino Lakes Conveyance Agreement - Mr. Powell explained that most of the issues related to this agreement have been outlined in the report to the Metropolitan Council Environmental Committee prepared by Metropolitan Council staff. A copy of this report was given to each Council Member in their packets. In summary, the agreement turns over to the City facilities which will no longer be useful to the Metropolitan Council system after the new Ware Road Lift Station has been constructed. This project is scheduled for completion in December, 1996. In order to accommodate the changes to the system proposed by Metropolitan Council, the City will need to modify the City sewer system. These modifications include retrofitting the Laurene Avenue lift station for smaller pumps; reversing the flow in the forcemain between Ware Road and Laurene Avenue; and terminating the maintenance agreement with the Metropolitan Council for the Black Duck Lift Station. The end result of all this activity will be the Metropolitan Council having a single point of service to this part of the City with a clear delineation between Regional and City facilities. Mr. Powell explained the agreement should be amended to reflect not only the forcemain alignment but also that the Laurene Lift Station Site, LP53 is to be conveyed back to the City. PAGE 25 COUNCIL MEETING MAY 22, 1995 Mr. Powell recommended that the Conveyance Agreement with the Metropolitan Council be approved as amended and returned to the Metropolitan Council for further processing. Council Member Elliott moved to approve the Conveyance Agreement with the Metropolitan Council as recommended by Mr. Powell. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Powell explained that the Conveyance Agreement will be forwarded to the Metropolitan Council. He noted that they will be addressing this matter in the next week or two. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Classification and Sale of Tax Forfeit Lands Mrs. Anderson explained that seven (7) parcels of land in the City of Lino Lakes have forfeited to the State of Minnesota because of delinquent property taxes. The Anoka County Land Commissioner has asked that the City Council approve the classification and sale of the parcels. The parcels include: Lot 2 and Lot 3, Block 1, Rice Lake Estates - These two (2) lots are located east of the well house on Sandhill Drive. Soil conditions on both lots are very poor and may not support a foundation. Two (2) other lots in Rice Lake Estates have also forfeited to the State because of poor soil conditions. New homes have been constructed on lots that have not forfeited to the State. Lot 13, Block 4, Lakes Addition No. 1 - This parcel is 1/17th of the lot which is the lake access lot on the west side of Reshanau Lake for the homes located on the golf course side of West Shadow Lake Drive. This is the fourth parcel of the 17 parcels that have forfeited to the State. Outlot A, Sunrise Meadows - This is a landlocked parcel. The City already has an easement over the eastern portion of the lot because it is part of the Section 18 drainage area. Mr. Powell has recommended that the City obtain title to the entire parcel to insure that it will remain a part of the Section 18 area wide drainage system. Outlot A, Lakeview Place - This is a very narrow strip of land. When Lakeview Place was platted, LaMotte Circle was platted over PAGE 26 COUNCIL MEETING MAY 22, 1995 an existing lot. This is the remainder of the lot. Mrs. Anderson recommend that Anoka County offer this parcel to the adjoining lot owner. Parcel 25-31-22-21-0004 - This is a small triangle shaped parcel located on Cedar Street. The parcel was divided from a larger parcel by a 50 foot wide NSP power line corridor. The parcel is not a legal building site. Mrs. Anderson recommended that this parcel be offered for sale by the County. Parcel 36-31-22-14-0004 - This is a large parcel of approximately 18 acres located on the northwest corner of Rolling Hills Drive and Bald Eagle Boulevard. The entire parcel is low with cattails and other wetland vegetation. The Building Inspector indicates that there has been interest in the lot, however, both the Rice Creek Watershed District and the Department of Natural Resources have never issued a permit to place fill dirt for a house foundation or septic system. Kate Drury, Rice Creek Watershed District says they have received many calls on this parcel. She noted that the entire parcel is in the flood plain and development of the parcel would be governed by the State Wetland Conservation Act. Ms. Drury explained that, although no one has performed an evaluation of the site, it is unlikely that the Rice Creek Watershed District would issue a permit for any improvement. Mrs. Anderson explained that she did not know of any reason why the City would want to obtain title to this property. Mrs. Anderson recommended that the City Council adopt a motion approving the classification and sale of the parcels by the Anoka County Land Commissioner with a notice stating that the City would like to obtain title to Outlot A, Sunrise Meadows for drainage purposes. Mayor Reinert referred to the last parcel outlined by Mrs. Anderson and asked why the City could not obtain title of the parcel for open space purposes. Mrs. Anderson explained that when the City obtains tax forfeit land, the land must be used for a state public interest. Mr. Hawkins suggested that the City could use the parcel as an environmental area. Mr. Schumacher asked if the Park Board or the Parks Director had looked at the parcel. Mrs. Anderson said no. Mayor Reinert said he would like to see how this parcel would fit into the Comprehensive Park Plan. Mayor Reinert said that the City Council would be shortsighted in not taking a second look at this and maintain ownership. He felt that this could be designated open space. Mr. Schumacher suggested that the parcel be useful as a potential mitigation PAGE 27 COUNCIL MEETING MAY 22, 1995 situation. Council Member Bergeson moved to table the matter until the next Council meeting. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Arbor Month Proclamation - Mr. Schumacher explained that the City has taken an active part in the annual Arbor Day celebration over the past several years. This year the celebrations will take place on Tuesday, May 23, 1995 at the Anoka County day School in the Correctional Facility and on Friday, June 2, 1995 at the Lino Lakes Elementary School. A proclamation is part of the Arbor Month ceremonies, therefore, the City Council should approve the proclamation regarding the Arbor Month celebrations, and extend Arbor Month to June 2, 1995 to include the Lino Lakes Elementary School. Council Member Elliott moved to approve the proclamation. Council Member Bergeson seconded the motion. Motion carried unanimously. Update of Lake Drive (CSAH 23)/Hodgson Road (State Highway 49) Improvement - Mr. Heth noted that at the Wednesday evening Council work session, he explained the need to find an area to mitigate some wetland along Hodgson Road. He has contacted Kate Drury at the Rice Creek Watershed District and Jon Olson at the Anoka County Highway Department concerning the alternatives to mitigating the wetlands on Outlot A, Rice Lake Estates. Ms. Drury indicated that an alternate site would be acceptable. Mr. Heth told Ms. Drury that an alternate site probably could not be secured and approved within a time span that would not adversely affect the letting of the 49/23 Improvement Project. Ms. Drury said that she would require a letter from the City stating their intent to mitigate the wetland on an alternate site and that this site be found within 60 days. Mr. Olson said he would not consider allowing any mitigation on the County right-of-way adjacent to Lake Drive but would consider allowing the City to mitigate in an area by County Road #14 and County Road #53 for a fee. Mr. Olson said he is "banking" approximately six (6) acres at that site and he would have some excess to possibly allow the City to mitigate two thirds of an acre. Mr. Olson did not know what the fee would be. Mr. Heth asked Ms. Drury if this site would be an acceptable site and she indicated that it was acceptable. There is some time to find an alternate site for mitigation. Ms. Drury does not want to impact the letting of this project. She is willing to work with the City if the City promises in good faith to mitigate the 31,000 square feet. PAGE 28 COUNCIL MEETING MAY 22, 1995 Council Member Elliott moved to send a letter to Rice Creek Watershed District indicating that the City will find an alternate site acceptable to the Rice Creek Watershed District for mitigation for the Lake Drive (CSAH #23)/Hodgson Road (State Highway #49) improvement. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson suggested that the site be identified within the next 30 days to allow some time to obtain an agreement with the property owner. Mr. Heth has contacted the MnDOT representative at the State central office regarding when the Cooperative Agreement would be drafted. Mr. Heth was told that the agreement would be completed and delivered to the City on June 2, 1995 for City review. Mr. Heth was told that once the Cooperative Agreement is drafted the money is encumbered. The Cooperative Agreement will be presented to the City Council at the first meeting in June. Mr. Schumacher asked Mr. Heth if the key date to encumber the funds for this project is June 1, 1995. Mr. Heth said no, the date is June 30, 1995, Mr. Heth said Greg Coughlin told him that once the Cooperative Agreement is drafted and clears the Central Office, those monies are encumbered. Mr. Powell recommended that once the Cooperative Agreement is received, a letter be sent to Greg Coughlin stating that the City understands that the funds have been encumbered based on the receipt of the Cooperative Agreement. Mr. Powell said that both the Cooperative Agreement and plans for the improvement and authorization for bids will be presented for Council action at the June 12, 1995 Council meeting. Mr. Schumacher asked Mr. Heth what the status was regarding the intersection signalization agreement. Mr. Heth said that this matter is "stuck" at SEH. He talked to Glenn Van Wormer and was told that this is a standard State Agreement. However, Mr. Van Wormer wants some clarification made between the City's portion of the maintenance and the County's portion of the maintenance. The States portion of the maintenance agreement is standard. Mr. Heth said he would send a memorandum to the City on this matter and Mr. Van Wormer will be in contact with Mr. Powell on this matter. The City Council adjourned to a closed session to discuss the Local 49 Labor Agreement at 8:55 P.M. The City Council returned from the closed session at 9:13 P.M. Council Member Elliott moved to adjourn. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 29 COUNCIL MEETING MAY 22, 1995 These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 30 Council Member Bergeson resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-49 introduced the following RESOLUTION ACCEPTING BIDS FOR HODGSON ROAD TRUNK WATERMAIN IMPROVEMENTS WHEREAS, Pursuant to an advertisement for bids for Hodgson Road Trunk Watermain Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: • Name and Address Amount of Bid Bonine Excavating 12669 Meadowvale Road Elk River, Minnesota 55330 $237,947.86 C.W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 $245,932.40 Burschville Construction 11440 -8th Street NE Hanover, Minnesota 55341 $291,865.75 Glenn Rehbein Excavating 8651 Naples Street NE Blaine, Minnesota 55449 $297,137.20 Northdale Construction 14450 Northdale Boulevard Rogers, Minnesota 55374 $298,864.65 Penn Contracting 1697 Peltier Lake Drive Centerville, Minnesota 55038 $299,113.20 Brown & Cris, Inc. 19740 Kenrick Avenue Lakeville, Minnesota 55044 $316,758.05 Ro-So Contracting 7137 -20th Avenue Centerville, Minnesota 55038 $330,636.50 Sue's Excavating Route 1, Box 151 Isle, Minnesota 56342 $340,670.24 Engineer's Estimate $209,292.20 AND WHEREAS, it appears that Bonine Excavating, Elk River, Minnesota, is the lowest responsible bidder, AND WHEREAS, through negotiation with the lowest responsible bidder the low bid amount has been reduced to $230,200.50, which would conform to City Charter requirements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Bonine Excavating of Elk River, Minnesota, in the name of the City of Lino Lakes for Hodgson Road Trunk Watermain Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 22nd day of May, 1995. ATTEST: cot., ^ f arilrn G,Anderson Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council and upon vote being Bergeson, Elliott, Kuether, Neal, Member Kuether taken thereon, the following voted in favor thereof: Reinert. The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 22nd , 1995. Marilyn G. Anderson, Clerk -Treasurer Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 — 61 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR MUNICIPAL WELL NO. 3 WHEREAS, pursuant to a resolution passed by the City Council on September 26, 1994, the City Engineer has prepared plans and specifications for Municipal Well No. 3 and has presented such plans and specifications to 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 and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two (2) 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 Friday, June 9, 1995 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, June 12, 1995 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 Lino Lakes City Council thj s -22nd day of May, 1995. ic'en A Mar 4yG. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 62 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE BLACK DUCK PUMPING STATION WHEREAS, pursuant to a need to update and repair the Black Duck Pumping Station, the City Engineer has prepared plans and specifications for the Black Duck Pumping Station and has presented such plans and specifications to 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 and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two (2) 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 Monday, June 26, 1995 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, June 26, 1995 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 Lino Lakes City Counc 's` 22nd day of May, 1995. Vernon F. Reinert, Mayor G.'Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 9 5 - 6 3 RESOLUTION APPROVING THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota (the "City") as follows: Section L Recitals. 1.01. On January 26, 1987, the City adopted a Development Program for Development District No. 1, pursuant to and in accordance with Minnesota Statutes, sections 469.124 through 469.134. 1.02. Since 1987, the City has established six tax increment financing districts within Development District No. 1, pursuant to the provisions of Minnesota Statutes, sections 469.174 through 469.179. 1.03. The City has subsequently transferred authority regarding economic development within Lino Lakes, including administration of Development District No. 1, to the Economic Development Authority (the "Authority"). 1.04. In response to a development proposal in an area of the community which has not developed to its potential despite substantial public investment, the Authority has proposed to establish a seventh tax increment financing district within Development District No. 1. 1.05. The Authority has investigated the facts and has caused to be prepared a tax increment financing plan (the "Plan") for a new tax increment financing district ("Tax Increment Financing District No. 1-7), describing the assistance which may be provided for the benefit of and to encourage development of two industrial projects. 1.06. All actions required by law to be performed prior to the adoption of the Plan and establishment of Tax Increment Financing District No. 1-7 have been performed, including approval of the Plan by the Authority on May 22, 1995. 1. 07. The Authority has notified Anoka County and Independent School District No. 12 of the public hearing on the Plan to be held before the City. 1.08. The Plan is contained in a document entitled "Tax Increment Financing Plan, Tax Increment Financing District No. 1-7, Lino Lakes Economic Development Authority" dated May 22, 1995, and is on file at city hall. RHB88883 LN140-36 1.09. The Council has fully reviewed the contents of the Plan and has on May 22, 1995 conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Relating to the Establishment of Tax Increment Financing District No. 1-7. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the Development District and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to establish Tax Increment Financing District No. 1-7. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the industrial projects proposed in the Plan for Tax Increment Financing District No. 1-7 could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary to assist the projects. 2.03. The expenditures proposed to be financed through tax increment financing are necessary to permit the City to realize the full potential of the Development District in terms of development intensity and tax base. 2.04. The Plan for Tax Increment Financing District No. 1-7 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Development District by private enterprise. 2.05. The City has relied upon the opinions and recommendations of its staff, the Authority and the personal knowledge of the members of the city council in reaching its conclusions regarding the Plan and the egtablishment of Tax Increment Financing District No. 1-7. 2.06. Tax Increment Financing District No. 1-7 is an economic development tax increment financing district within the meaning of Minnesota Statutes, section 469.174, subd. 12. Section 3. Approval of the Tax Increment Financing Plan; Establishment of Tax Increment Financing District No. 1-7. 3.01. The Plan for Tax Increment Financing District No. 1-7 is hereby approved as adopted by the Authority. 3.02. Tax Increment Financing District No. 1-7 is hereby established. The boundaries of Tax Increment Financing District No. 1-7 are as described in the Plan and incorporated herein by reference. 3.03. The City elects for Tax Increment Financing District No. 1-7 to be treated as described in Minnesota Statutes, section 469.177, subd. 3(a) with regard to fiscal disparities. RHB88883 LN140-36 3.04. The Executive Director of the Authority is authorized and directed to transmit a certified copy of this resolution together with a certified copy of the Plan to the auditor of Anoka County with a request that the original tax capacity of the property within Tax Increment Financing District No. 1-7 be certified to the Authority and the City pursuant to section 469.177, subd. 1 of the Tax Increment Financing Act and to file a copy of the Plan for Tax Increment Financing District No. 1-7 with the Minnesota department of revenue. 3.05. The City Administrator is authorized and directed to transmit a copy of this resolution to the Authority. DATED: Nay 22, , 1995. ATTEST: Ma y/n G. . n'8erson, Clerk -treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether; Neal, Reinert. and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. RHS88883 LN140-36 COUNCIL WORK SESSION CITY OF LINO LAKES COUNCIL MINUTES MAY 3, 1995 MSE ................... ................... .................. ................... Staff members present: Acting City Engineer, John Powell, Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Parks and Recreation Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. BEHM'S CENTURY FARMS PRELIMINARY PLAT, GARY UHDE AND JOHN JOHNSON Ms. Wyland explained that she and Mr. Brixius, City Consulting Planner met with Mr. Uhde and Mr. Johnson to review the questions raised at the April 24, 1995 City Council meeting. The first question involved a temporary cul-de-sac that would be constructed at the west end of Phase I. Mr. Uhde is proposing to extend the line for Phase 1 west to allow the temporary cul-de- sac and to include two (2) lots in Phase I that had been proposed for Phase II. The second concern was Lot 18. Mr. Brixius felt that this was a "butt" lot and this was not good planning. Mr. Uhde proposed that this lot and the lots on either side of the lot be developed with the driveways extend north to the street. Normally the lots on either side of Lot 18 would have driveways extending either east or west. Mr. Uhde proposed placing restrictive covenant on the lot to insure that the driveway would be constructed extending north. The third issue involved restrictive covenants. A copy of the restrictive covenants has been received and reviewed by Ms. Wyland and Mr. Brixius. Mr. Brixius was satisfied with them. Mayor Reinert noted an area of the restrictive covenants which referred to "visiting aircraft". Ms. Wyland will check to see if PAGE 1 COUNCIL WORK SESSION MAY 3, 1995 this issue is addressed in the current homeowners associations by-laws. Mayor Reinert asked what assurances does the City Council have that all requirements will be met. Ms. Wyland explained that all documents would be recorded and/or noted on the final plat. Mr. Johnson explained that the protective covenants on each lot will be enforced when the building permit is approved. Mr. Asleson asked if the trail issue had been resolved. Mr. Johnson explained that the matter will go to the Rice Creek Watershed District at their first meeting in May. Mr. Asleson expressed concern that Rice Creek Watershed District may not approve the plan for extending a trail through a portion of wetland. He felt that if a direct route to the park area is not approved by the Rice Creek Watershed District, a neighborhood park should be established in the eastern portion of the plat. Mr. Johnson explained that regardless of what the Rice Creek Watershed District said about the trail through the wetland, no neighborhood park would be constructed in Phase I. He explained that if necessary, a neighborhood park would be established in Phase II. Mr. Asleson said he would like the matter decided before the final plat was approved. Mayor Reinert asked Ms. Wyland to review the issue of the "butt" lot with Mr. Brixius and to provide a recommendation regarding the park dedication for the regular Council meeting on Monday. SENIOR HOUSING UPDATE, RANDY SCHUMACHER Mr. Schumacher gave a brief background on this matter and noted that the senior housing proposal was first introduced to the City Council about three (3) years ago. The original proposal was for 90 units and federal tax credits along with some City assistance was needed to help make the rent on some units affordable to low and moderate income persons. Staff met with the developer, Cottage Homesteads about three (3) weeks ago. A revised project consisting of 47 units plus a clubhouse and 10 single family homes was discussed. Federal tax credits for the revised plan have been allocated and the developer is seeking additional financial assistance from the City to keep the rents as originally planned. Mr. Schumacher noted that the developer, Roger Derrick as well as Mike Saxton and Terry Schmidt were here to answer questions about the proposed development. He explained he has asked Mr. Sid Inman to prepare an analysis of the financial information prepared by the developer. The analysis will not be available PAGE 2 COUNCIL WORK SESSION MAY 3, 1995 until the middle of next week. Mr. Schumacher explained that a development agreement must be completed and the proposal has to be presented to the Planning and Zoning Board and the Park Board. Mr. Derrick explained that he had recently completed a senior project in Oakdale consisting of 114 units. He noted other projects he has completed in the metro area. Mr. Derrick explained that all financing has been completed. Another lender has been secured and NSP will buy the federal tax credits. He noted that he is ready to bid the project and start pre -marketing the housing units. There is a requirement that a certain number of the units be pre -leased before construction can actually begin. Mr. Derrick explained that he would like to give the senior citizens of Lino Lakes first chance to rent the units and would like to have a marketing person in the senior center to sign reservation forms. When the list of reservations is completed, the list will be sent to a management company that takes the full application and then a lease is signed. Mr. Derrick said he would like to get word to the community regarding the availability of the senior housing units through the local newspaper, City newsletter or other local information channels. Council Member Kuether asked if there is any assurance that Lino Lakes residents will get first chance to rent the units five (5) years from now. Mr. Derrick explained that it is illegal to give a guarantee that Lino Lakes residents will get first consideration. If the City had a public housing authority, he could work through this agency and guarantee that Lino Lakes residents would get the first opportunity to rent units as they become available. However since there is no public housing authority, Mr. Derrick said he would work with the City to see that Lino Lakes citizens would get the first opportunity to rent units as they become available. Mayor Reinert asked about the financial structure of this project. Mr. Derrick explained that the Tax Increment Financing (TIF) remains the same as originally presented. However, a portion of the TIF will involve the 10 single family homes. These homes will be constructed for first time home buyers. NSP will purchase the tax credits and be the major financier of project. The City has agreed to certain financial concessions regarding costs of permits and Cottage Homesteads will be asking for additional assistance of approximately $71,000.00 so that rents can be kept at the figure originally quoted. Mr. Saxton said he understood the need for a financial analysis as Mr. Schumacher has outlined. However, he noted this project has been scrutinized by everyone involved. Mr. Saxton said that PAGE 3 COUNCIL WORK SESSION MAY 3, 1995 Cottage Homesteads has met all requirements and if for some reason the City cannot provide the extra $71,000.00, the rents will have to be adjusted accordingly. Mr. Schumacher noted that the original City subsidy was for 90 units. Now the number of units has been reduced to 47 and an analysis is being made of how many dollars should the City subsidize 47 units. Mr. Saxton said the formula has not been changed. The TIF is still 90%, however, this will not generate enough subsidy for only 47 units. The 10 single family units are needed to keep the rent at the agreed upon rate. Mr. Schumacher asked if the project is reduced from 90 to 47 units, shouldn't the dollars be reduced proportionately? Mr. Saxton said the City is still capturing 10% and the project will need the proper zoning and additional support from the City. All other financial commitments have been secured. Council Member Kuether asked what are the financial qualifications for securing a unit. Mr. Derrick explained. Mayor Reinert noted that this project was started more than three (3) years ago. He also noted that a project in Circle Pines is already under construction and they started their project after this one was started. Mr. Derrick explained that the delay was in obtaining the tax credits. He said he was not aware of how Circle Pines obtained their tax credits so fast. Mayor Reinert asked if the City is being asked to contribute additional dollars to the project. Mr. Saxton said no additional TIF dollars, however, he is asking for further concessions on building permits. Mr. Powell said he believed that Cottage Homesteads is asking for further concessions on permits in the amount of approximately $71,000.00. Mayor Reinert asked what would happen if the City refused to provide additional contribution. Mr. Saxton said the rent would increase approximate $15.00 per month which means that they may not be rented to Lino Lakes residents. Council Member Bergeson asked what the City would gain by approving the Cottage Homestead project. Mr. Saxton said that the City would be providing housing for the seniors of Lino Lakes who do not have a lot of money to pay for rent. Council Member Bergeson said he would like to see a comparison of what the City is contributing to the project and what the City will gain from the project. Mr. Saxton said that one benefit is that the rent will be reduced by $120.00 per month with City subsidy. Mayor Reinert said he felt the project was important because it gives the City a balance of available housing. However, he felt PAGE 4 COUNCIL WORK SESSION MAY 3, 1995 that Council Member Bergeson's question needed to be answered. He noted that the City Council has worked on this project in extremely good faith, however, the City must deal with what is here today and let the market place determine what the rents should be. Mayor Reinert said he personally felt that the City should not offer any more permit concessions for the project. Mr. Saxton said that his company has also worked diligently on this project and has not missed any time limits on any portion of the project. However, he felt that his company was caught up is a political situation when the application for tax credits was submitted. Mr. Saxton said that there is no question that the project will be done, the only question is the amount of rent on each. Mr. Schmidt asked if this means that there will TIF on the 10 family single family units as well as the 47 cottage units? Mr. Schumacher said that the TIF district is in place, the only questions are what percent will be included in the development agreement and should the 10 single family units be included in the TIF subsidy. Mr. Saxton explained that HUD sets the limit of the rents. He is planning to increase the rents by 3% each year because it is expected that costs such as taxes will increase by that percentage. However, rents can never be raised above the HUD cap. Mr. Saxton said that he will try to make sure that Lino Lakes residents get the first opportunity to rent the units as they become available. However, he could not guarantee that this will happen. Mr. Saxton explained that HUD only requires that these units be dedicated as senior housing for 15 years. He said that the deed restrictions will include language guaranteeing that this project will be senior housing for at least 30 years. Mr. Saxton asked what would happen to the project if Cottage Homesteads of America, Inc. went bankrupt. He explained that NSP will own 99% of the project and the general partners will own 1%. Mr. Schumacher asked what guarantee is there that you will continue as owners of the project. He noted a project in another City where the owners had problems and ownership changed about half of the way through the project. Mr. Derrick said that there is no guarantee that they will continue their ownership. He noted that the City will have control of the project through the development agreement. Mr. Schmidt and Mr. Saxton gave brief explanations regarding their involvement in other projects and PAGE 5 COUNCIL WORK SESSION MAY 3, 1995 the desire to remain partners in this proposal. Mr. Schumacher explained that the Planning and Zoning Board will review this project at their May 10, 1995 meeting. A development agreement will be prepared and the project should be before the City Council for their consideration May 22, 1995. Mr. Chris Lyden, 6275 Holly Drive said that he felt that there was an obvious need for senior housing. He asked how does the City know that this project will be a good experience for Lino Lakes? Mr. Derrick said that he felt that there will be a greater involvement by the City of Lino Lakes as compared to other such projects. He further explained how he felt that this would be a good experience for the City. This project will proceed through the planning and approval process as outlined by Mr. Schumacher earlier. CITY ENGINEER SEARCH UPDATE, RANDY SCHUMACHER Mr. Schumacher handed each Council Member a brochure from the Breimeyer Group containing a schedule for the search for a new City Engineer. He explained that Mr. Breimeyer was here today to talk to several staff members and will talk to each Council Member to get an idea of what type of a person the City is looking for. RECYCLING DAY, RANDY SCHUMACHER This is just a reminder that Saturday May 6, 1995 is recycling day in Lino Lakes. ELECTIONS, PRESIDENTIAL PRIMARY, MARILYN ANDERSON Mrs. Anderson explained that the State Legislature is considering legislation that would require a presidential primary in 1996 but would not provide funding for the municipalities to conduct the primary. She will keep the City Council updated on this matter. REGULAR AGENDA The City Council reviewed the agenda. Mr. Wessel noted that the Economic Development Authority will meet at 6:00 P.M. prior to the regular Council meeting. The request is to modify the TIF plan for District No. 1-4. The modification is for the Blue Heron project which will be before the Planning and Zoning Board on May 10, 1995. Mr. Wessel noted that TIF assistance is proposed for this project and noted that they are well within the guidelines for a TIF project. • PAGE 6 COUNCIL WORK SESSION MAY 3, 1995 Mr. Powell explained that he will be recommending that the City Council deny a petition requesting an Environmental Assessment Worksheet (EAW) for Trapper's Crossing. He noted that SEH reviewed the petition and prepare a "point by point" response to the citizens concerns. SEH has found that there is no mandatory requirement for an EAW for Trapper's Crossing. The City Council has the option of ordering a discretionary EAW if it is determined that Trapper's Crossing will have a significant impact on the surrounding properties. Mr. Powell will be recommending that a discretionary EAW not be ordered since it cannot be shown that there will be significant impact. Mr. Powell updated the City Council regarding the Lake Drive (CSAH #23)/Hodgson Road (Highway #49) improvement. Phase II of the archeological study has been completed and the proposed mitigation will be approved by the State. Originally, the cost of the Phase II investigation was estimated to be $90,000.00. Later the cost was estimated to be $180,000.00. It has now been determined that the cost will be closer to the original estimate. Mr. Schumacher said that he and Mr. Powell met with representatives from the Historical Society and were told that the site is not a meaningful Indian historical site. The study should be completed within three (3) weeks and authorization for bids should be on the May 22, 1995 Council agenda. Mr. Lyden referred to the request for an EAW for Trapper's Crossing and noted that even though the project does not meet the threshold for a mandatory EAW, there still are issues to be addressed. Mr. Powell again explained that the City would have to determine that there is a significant impact to justify ordering an EAW. Mr. Lyden referred to the SEH report and noted that he is concerned because it appears that a culvert will bring drainage from Trapper's Crossing onto his property where his drainfield is located. He noted that it is functioning well now and asked if the developer is required to bear the costs of repair if the system should fail due to the construction. Mr. Powell said that there is no guarantee that this drainfield will not be impacted. He suggested that Mr. Lyden and the developer get together prior to the start of the construction and determine what the situation currently is and if it is functioning well now and fails during construction, it can be documented that the failure is due to the construction. The developer would be liable if it failed. Mr. Lyden felt that there was an error in the SEH report and asked how the City Council could approve the report. Mr. Powell explained the rules regarding an EAW. He also noted that the grading and drainage plan for the development has not been PAGE 7 COUNCIL WORK SESSION MAY 3, 1995 completed but will be thoroughly reviewed when it is available. Mr. Powell explained that the septic system can easily be monitored and would normally be monitored as part of the construction process. Ms. Caroline Dahl, 1101 Holly Court explained her concern regarding a buffer between Trapper's Crossing and her home water run-off. Mr. Powell explained that the City has adopted a local water management plan. Although the City has accepted the authority as a Local Government Unit (LGU) Rice Creek Watershed still will review all development plans and issue the appropriate permits as they have done in the past. Mr. Powell also explained that the grading and drainage plans have not been designed, however, the rate of water run-off from Trapper's Crossing cannot be increased. Flooding in the area will not be made worse. Ms. Dahl said that Mr. Brixius had written a letter to the residents indicating that the developer will contact them regarding the berm. As of yet, there has been no contact. Mr. Powell explained that Ms. Wyland will be handling the berm issue. He also noted the developer will be forced to follow the requirements of the City. Mr. Lyden said that holding ponds act as a "cup". The residents had asked for the EAW because of the volume of run-off that will be created by the development. He felt that any increase in the volume of run-off would have a large impact. Mr. Powell said that the volume of run-off is a concern and will be monitored. Sue Walseth, 1101 Holly Drive expressed concern regarding the drainage from a culvert that will come to her property line. She suggested that the culvert be placed in the ditch. Mr. Powell explained that the drawings that were used were not drawn to scale. The developer cannot direct drainage onto her property without an easement. Ms. Walseth noted that there is a holding pond at the other end of her property and she did not want her pasture turned into a wetland. She asked if there was any guarantee that the pond will not overflow and spread sediment onto her property. Mr. Powell said that SEH has also mentioned this issue and it will be monitored in the same manner as Mr. Lyden's septic system. Council Member Bergeson asked that staff let the developer know about the concerns expressed by the residents this evening. The City Council returned to considering the agenda for Monday. Mr. Asleson outlined the proposal from Mr. and Mrs. John Lund to donate a parcel of land to the City for use as a trail between the PineRidge development and Shenandoah park. He noted that PAGE 8 COUNCIL WORK SESSION MAY 3, 1995 although the Lunds are donating the property, there will be expenses of approximately $3,000.00 to get the parcel detached from the balance of the Lund property, register the property in the name of the City and to upgrade the parcel with gravel base and blacktop. The Dedicated Park Fund will finance this acquisition. The meeting was adjourned at 7:50 P.M. These minutes were considered, corrected and approved at the regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 9 COUNCIL WORK SESSION April 19, 1995 CITY OF LINO LAKES COUNCIL MINUTES Also present were John Powell, Dan Tesch, Kim Sullivan, Marty Asleson, Mary Kay Wyland. 2020 Vision: Kim Sullivan gave an update on the 2020 Program. She encourage Council and Staff to feel free to come to any of the meetings as an observer. They will be having a mid-term review on April 22 from 9:00 - 11:30. Copies of minutes from the various groups are available for review. Next week the Education group will be talking with the various school districts in the community. The Growth group is having a speaker from the Met Council on affordable housing. Parks will be talking with Jon VonDeLinde from Anoka County Parks. The groups have been going through a very thoughtful process which is quite educational for them. Country Lakes Estates -Birch Street Alternate: John Powell reported that the developer, Rich Granger, has agreed to bore under the trees on the Barrett property. This should save more of the trees than an open cut operation would provide. The boring will be approximately 200'. This is a good compromise which is agreeable to the Barretts and the developer who has been very cooperative during the process. City of Hugo - Planning issues: John Powell reported that the Cedar Street interceptor is more long term than originally planned -probably to the year 2015. Hugo has raised some concerns - Mr. Powell will be meeting with the Met Council in the near future to discuss this matter. An interceptor connection may be considered to serve Hugo. The feasibility report on Clearwater Creek will look at this issue. There is the possibility of a joint meeting with Hugo to discuss the interceptor and our understanding of the Met Council's position. Transportation: John Powell indicated that Cedar Street will be upgraded as a portion of the Clearwater Creek Development. Elmcrest will not - this roadway is more of a priority for Hugo than Lino. Concerning an E/W Collector street - the City disagrees with Hugo's plan. Elevated Water Tower/Trunk Water System : The question was raised as to whether or not the City of Lino Lakes has any interest in 1 COUNCIL WORK SESSION April 19, 1995 connecting to the Hugo Water System. Mr. Powell indicated that we should check into what kind of pressure there would be at the end of a 5,000' stub. Then we can consider the options. The proposed well and a tank would allow us to extend utilities to the west side of the freeway. The Mayor and Linda Elliot agreed that we should look at our own system and how best to manage it. Clearwater Creek Drainage Study: OSM has submitted a report to Rice Creek on this drainage area. Our Surface Water Management Plan provides for collection of funds to be used for specific drainage areas - along with the Clearwater Creek Development, we could direct that their SWM Funds be kept in a separate account for Clearwater Creek Drainage improvements. Mr. Powell further explained that we have criteria within our Surface Water Management Plan for capital improvements. Public Improvement Update: Mr. Powell explained that he had met with MnDot and the County regarding public improvements for the coming construction season. They include the following: MnDot Hwy 49 overlay from Hwy 96 to 49/23 (Correctional Facility) Bridge over 35E at 80th Street County 49/23 Realignment Main Street to 4th Avenue - some restoration City Overlay on Otter Lake Road (Main Street south to Otter Lake Drive Bridge repair by park Hodgson Road Trunk Watermain Woods of Baldwin II Country Lakes Estates Phase II Pine Ridge III (Developer) 49/23 (meeting with Co. next week) Black Duck Lift Station Well II and IV Trappers Crossing Clearwater Creek Anoka County Assessment Pass Through Policy - The County will be charging for assessment allocations - staff has determined that these costs will be passed on to the Developer. 2 COUNCIL WORK SESSION April 19, 1995 Team Building Meeting - Department Heads and Council will be meeting for a Team Building Session on May 16th or 25th. Location - Wargo Nature Center. Blue Heron Development Proposal - Brian Wessel explained that this is a 20,000 square foot building with lease space. There is a problem with the tax increment due to the inflationary base on the Uhde/Nelson property. Uhde/Nelson has agreed to reduce their price to make up for some of the difference. Brimeyer & Associates - City Engineer/Public Works Director Search Mr. Schumacher explained that Brimeyer & Associates will be interviewing staff and Council and developing a profile for the new City Engineer/Public Works Director. Councilmember Kuether asked why we needed a search firm. Mayor Reinert stated that he felt we needed to use this service - they have the expertise. They just completed a search for Minnetonka, Hopkins and St. Louis Park. A committee will be formed to review the final applicants Committee Members include Randy Schumacher, Darrell Schneider, Don Poss from Blaine and a Public Works Person from Eagan. Agenda - 4/24/95 The Parks Department has requested permission to spend surplus dollars from the parks/recreation programs within the Department for new ball field fences at Rice Lake Elementary. Councilmember Kuether felt the funds should be returned to the general fund. Councilmember Elliot stated that we have a fledging recreation department and agreed with staff that the funds should be used in that department. Marty Asleson stated that we have an agreement with the School District to maintain the fields at Rice Lake and additional fencing is needed. Randy Schumacher stated that we should develop some type of policy for future use in relation to surplus dollars. Councilmember Bergeson stated that we should indicate the reason we are using these dollars as suggested is because of the unsafe condition of the fields and existing fencing. Mayor Reinert indicated this is a matter that should be discussed at budget time. Councilmember Kuether agreed and added that we should note we are approving this for one-time only. Respectfully submitted by: Mary Kay Wyland 3 CLOSED COUNCIL SESSION CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 10, 1992 .................................................... ................................................ DATE TIME STARTED ................................................... . ..................................................... .:::..........:.....:........:..........:............ ..................................................... ..................................................... MEMBERS SX EPRN ..................................................... ..................................................... ..................................................... ..................................................... MEMBERS«::: ABSENT Staff members present: City Engineer, Darrell Schneider; City Attorney, Bill Hawkins; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mr. Thomas J. Radio of Popham, Haik, Schnobrich & Kaufman, LTD. was also present. He has been appointed by the City's insurance carrier to represent the City in this litigation. The purpose of the meeting was to discuss the Ron Birch, Lake Amelia Estates litigation. Mr. Schumacher explained that he has met with Mr. Radio and has presented all the material on the Amelia Lake Estates development to him. Mr. Radio introduced himself to the City Council and noted that he is also a city attorney for another municipality and is familiar with all facets of municipal litigation. Mr. Radio explained that the city and several individual Council Members have been served in this matter. An answer to the lawsuit was filed as well as a petition to move the litigation to Federal District Court. Mr. Radio felt that Federal Judges are usually more conservative and this may benefit the City. Mr. Birch's lawsuit is based upon four (4) claims. The claims are: 1) denial of rezoning is arbitrary and capricious, 2) constitutes taking of property without just compensation, 3) violation of constitutional rights, and 4) the "implied moratorium" is illegal and unauthorized. Mr. Radio said that the focus of the litigation is on the claim that the denial of the rezone is arbitrary and capricious. He noted that the property was zoned R -X at the time Mr. Birch purchased the property and his major claim is that there is no PAGE 1 CLOSED COUNCIL SESSION FEBRUARY 10, 1992 rational basis to deny the rezone to Planned Unit Development (PUD). He may also say that he invested a great deal of time and money into the development based on the representations of the former City Planner and maybe even the former Mayor. Mr. Radio also explained that the City Council did not provide any actual basis to deny the petition for rezoning. However, if the existing zoning is appropriate, it is up to the landowner to prove his request for a rezone is accurate. Mr. Radio presented a draft of a resolution which sets out the reasons that form the basis for the Council denial of the request for the rezone. He also explained that he did not understand why Mr. Birch was required to go through the two (2) step program for rezoning to PUD. Mr. Schumacher explained that the current City Code does not allow property zoned R -X to be rezoned to such a high density as allowed in the PUD. Mr. Radio also explained that the Council did deny a request for an Environmental Assessment Worksheet. He felt that this may be a problem. There was discussion regarding a rumor that Mr. Birch defaulted on his purchase agreement and may not have owned the property as of January 1, 1992. Mr. Radio said he hoped Mr. Birch still owns the property. If not, he could say that the City caused him undue problems in its development that he had to default. Mr. Radio suggested that he send a brief written discovery, ask for documents, and file a summary judgement of dismissal of the claim. If the summary judgement is approved, the claim of "taking", violation of constitutional rights and damages will be taken out of the litigation. This means that the City will not be responsible for punitive damages or attorneys fees. In addition, the Federal Judge will remand the litigation to the Anoka State Court. Insurance coverage may also be dropped at this point. Mr. Hawkins explained that if this occurs, the City will continue to retain Mr. Radio and his law firm as in other recent litigations. Mr. Radio asked if there were grounds for settlement of the litigation before any further actions or costs were incurred. He expressed concern regarding how the former City Planner will testify in this matter. He was the professional although staff action is not binding on the City Council. Mr. Radio noted that he had spoken with Mr. Birch's attorney. It appears that Mr. Birch is not in the business of starting lawsuits and is serious about this case. Mr. Radio explained that matters such as this can take six (6) months to two (2) years to resolve. Such action is a disruption of City life, does not get the best press and the City may not PAGE 2 CLOSED COUNCIL SESSION FEBRUARY 10, 1992 win. He suggested that open dialogue be started to resolve the issue. He noted that the findings of fact presented in the draft resolution will need support. Mr. Radio asked if the City would leave the door open for negotiation and if the City would be willing to rezone the land to PUD. Mayor Reinert said he had hoped that all parties would sit down and negotiate an agreement. Now that the litigation has begun, it appears that Mr. Birch is not interested in negotiation. Mayor Reinert felt that the area residents should have a part in the agreement. Mr. Radio explained that neighborhood complaints cannot form the entire basis for denial and he did not recommend bringing neighbors to the negotiating table. He did suggest that there may be other ways to meet with the neighbors, however, there may be no common ground in this matter. Mr. Radio said that ultimately, the judge may require the neighbors to sit down with the developer. Mr. Radio explained again that Mr. Birch has sued the City and the City should decide now whether or not it wishes to avoid Federal Court. If the matter proceeds, there will be a trial before a jury. Mr. Birch has asked for damages and if he wins, all his expenses will be paid by the City. Mayor Reinert suggested delaying action on this matter noting that Mr. Birch does stand some risk of losing this litigation. Mr. Radio explained that he would file a discovery motion and it will cost Mr. Birch some money to respond. However, Mr. Radio explained that if the City and Mr. Birch are close to a settlement, this is the opportunity to settle without incurring more costs. Mr. Hawkins explained that he felt the issue with the neighbors was density. Mr. Schumacher explained that Mr. Birch has proposed to develop using the "cluster" development. The density probably would not be much more than what is allowed in the present zoning. Mr. Radio said that it appears that the City Council is telling him to proceed. He will continue communicating with the City Council through the City Administrator. The draft resolution will be presented to the City Council under Old Business during the regular meeting this evening. The closed session was adjourned at 6:37 P.M. PAGE 3 CLOSED COUNCIL SESSION FEBRUARY 10, 1992 These minutes were considered, corrected and approved by the City Council at a regular meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk Treasurer Mayor PAGE 4 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 8, 1992 ME. E:.... EI} !EMBERS PRESENT: R4431#,rt, Neal, Kuethe Ell ott, Be geson MEMBERS ABSENT None Staff members present: City Attorney, Bill Hawkins; Consulting Planner, Al Brixius; City Engineer, Darrell Schneider; Consulting City Engineer, Dan Boxrud; City Administrator, Randy Schumacher and Assistant to the City Administrator, Dan Tesch. The purpose of the meeting was to explain that a settlement hearing was held on Friday, May 29, 1992 with the League of Minnesota Attorney, Tom Radio and Mr. Birch and his attorney Fritz Knaack. Mr. Brixius said that a new proposal was introduced during this hearing that Mr. Birch hopes the City Council will consider for his Amelia Lake project. Mr. Birch is proposing to increase the density for this area by introducing 254 four (4) and eight (8) unit town homes valued at $90,000.00 to $120,000.00. The value is down from the original proposal of $180,000.00 to $200,000.00 per town home. Mr. Brixius continued that in exchange for the greater density, Mr. Birch would dedicate 300 feet around Lake Amelia as green space. This space would equal roughly 15 acres. Mr. Birch hopes that this green space will satisfy the neighbors. Mr. Schumacher informed the City Council that staff members met this afternoon at 4:00 P.M. to discuss the new proposal. However, staff has not had enough time to analyze the numbers carefully. The City Council was concerned about the increased density as well as the value of the units. Staff was directed to study the proposal further and report back PAGE 1 CLOSED COUNCIL MEETING JUNE 8, 1992 with their recommendations. It was also suggested that the residents of the area be made aware of the new proposal as soon as staff finished their review. The meeting was adjourned at 7:15 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 2 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 17, 1992 Staff members present: City Engineer, Darrell Schneider; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The purpose of the closed meeting was to discuss the Ron Birch, Lake Amelia Estates litigation. Mr. Schumacher reported that the insurance company requested that the City and Mr. Birch meet with the Federal Magistrate to try and mediate some options. Density was one item to be mediated. The result of this meeting is that Mr. Birch was asked to prepare a plan that would meet the zoning requirements. The Magistrate said that it is in the best interest for Mr. Birch to prepare the plan within the next 30 days and then allow the City three (3) weeks to review the plan. Mr. Schumacher explained that the City Attorney has said that if the matter goes to court, the City could be ordered to allow Mr. Birch to plat his property in some manner. This step is an attempt to bring the matter back to the negotiating table and to allow input from Mr. Birch's neighbors. Mr. Schumacher explained that this would be an expensive court case. He proposed that Mr. Art Hawkins be involved in the negotiations so that he would be aware of the entire situation. The closed meeting adjourned at 7:30 P.M. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on June 12, 1995. PAGE 1 CLOSED COUNCIL MEETING JUNE 17, 1992 Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 2 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 27, 1992 TIME STARTED MEMBERS PRESENT: Reinert, Neal,'Kuether,`Ell ott Bergeso3 MEMBERS ABSENT : No.ne, Council Member Neal arrived at 6.0 Staff members present: City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Consulting Planner, Alan Brixius; City Attorney, John Burke; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson The purpose of the closed Council meeting was to discuss the Ron Birch, Amelia Lake Estates litigation. Mr. Schumacher presented briefly the background on this matter. He explained that the League of Minnesota Insurance Trust has appointed an attorney to represent Lino Lakes. The attorney appointed by the League, Tom Radio proposed that both parties in the litigation go before a magistrate to determine if there were any matters of agreement. A meeting was held with the magistrate. Mr. Schumacher, Mayor Reinert, and Council Member Bergeson attend the meeting as well as Mr. Birch and his attorney. The magistrate asked that Mr. Birch prepare another plat following the current City ordinances and submit it to staff for review. The plat was submitted on July 17, 1992 and then was given to Mr. Brixius for his review. Mr. Radio asked that the City Council give him further direction in this matter. Mr. Brixius presented a written review of the plat submitted by Mr. Birch. He noted that the original plat contained 252 units and the current plat contains 240 units or about five (5) units per acre. Mr. Brixius explained that the land use as proposed by Mr. Birch would require a change in the Lino Lakes Comprehensive Land Use Plan, a change in the Lino Lakes MUSA boundary, a rezone, and an Environmental Work Sheet. PAGE 1 CLOSED COUNCIL MEETING JULY 27, 1992 Mr. Brixius explained that the request for a rezone would require a policy decision by the City Council. He questioned if the proposed plat was compatible with the current Comprehensive Land Use Plan. He noted that the current use is Rural which encourages staged and orderly development. The plat proposed by Mr. Birch would consume all of the sewer capacity available for the entire area. There is also a concern with wetlands and lake protection. Mr. Brixius noted concern regarding a fairly concentrated population in a small area and explained that there would be increased costs, increased emergency response time and traffic congestion on 20th Avenue. Council Member Bergeson noted that when the matter was referred to the magistrate, there was a list of technical items such as setbacks, street width, right-of-way and the cul-de-sac which were of concern. Mr. Brixius said that the plat would be a Planned Development Overlay (PDO) and setback requirements, parking arrangements and other such items would be reviewed in this context. Mr. Brixius noted that he had not looked at the storm water drainage plan. Mayor Reinert said the density issue has not been addressed and thought that the magistrate had asked for something better from Mr. Birch. Mr. Brixius said that the proposal is very different in nature from the original proposal. The original proposal consisted of 85 units on about 20 acres as compared to the present 240 units. In addition, Mr. Birch had proposed expensive townhomes and now is no longer proposing the expensive units. Council Member Kuether said she preferred the higher priced units. Mr. Brixius said he felt that this proposal is way out of line when compared to the balance of the community. The current proposal is a concentrated development and the City Council has hada strong philosophy of staged growth. Council Member Kuether asked Mr. Brixius what he thought was the best use of this area. Mr. Brixius said that the proposal is not inappropriate but is premature in time. He noted that since the area is so close to I35E, higher density housing is a good use. However, at this time, he would suggest leaving the area at the four (4) units per 40 acres density. Mr. Schumacher explained that the City must respond to Mr. Birch's proposal by August 7, 1992. Another meeting with the magistrate is scheduled August 31, 1992. Mr. Schumacher said that the magistrate expressed a desire to negotiate a climax to this situation. However, he felt that the magistrate was not PAGE 2 CLOSED COUNCIL MEETING JULY 27, 1992 fully educated on situations such as this. Mayor Reinert said that both parties must deal with the issue of density. Mr. Schumacher outlined the options; the City Council can accept Mr. Birch's proposal, accept something less or leave the area as it is now. Mr. Radio would like some response from the City Council. Each Council Member expressed their opinion regarding Mr. Birch's proposal. Mayor Reinert said he thought that the City was entering into this matter in good faith. Council Member Kuether said she liked the original proposal better, Council Member Elliott was in favor of leaving the area rural and not losing control of the destiny of the City, and Council Member Bergeson expressed concern regarding the possible outcome of the matter if it went to court. Council Member Bergeson also noted that during the process, Mr. Birch seemed to get the "green light". He said he was inclined to negotiate less density. Mr. Schumacher explained that Mr. Radio had expressed the same concern. However, Mr. Hawkins had stressed that the insurance attorney would like to negotiate a settlement to reduce costs. Mayor Reinert said if this is the case, a developer can force a city to rezone to fit what he feels is good just by threatening a lawsuit. He felt that this would take away the ability of a City to control orderly growth. Mr. Burke explained that the current zoning is the one strength in this case. Rezoning requires a four-fifths vote. Zoning is the cities business and the courts are reluctant to step into these matters. Council Member Neal said he felt that the matter should go to court and then a jury would make the decision. Council Member Bergeson asked if there would be a jury and Mr. Burke said either party could ask for a jury. Council Member Kuether asked who would pay the expenses for the City and Mr. Burke said it would be the insurance company. Mr. Burke suggested that the City Council give Mr. Radio something positive to take to the magistrate. Mr. Brixius suggested that a lesser zoning district be considered such as a R-2 zoning. Mayor Reinert said he would stand on the basis of the report from the City Planner. Council Member Bergeson suggested looking at the original density and negotiate with Mr. Birch. Council Member Kuether agreed with Council Member Bergeson. Council Member Neal favored taking the matter to court. Council Member Elliott felt that Mr. Birch got as far as he did in an improper manner and the City should not be forced to accept anything except that which would fit into the present zoning. PAGE 3 CLOSED COUNCIL MEETING JULY 27, 1992 Mr. Brixius asked if the City Council would reconsider the original presentation from Mr. Birch? Mayor Reinert, Council Member Elliott and Council Member Neal said no. Mr. Burke said he would refer the City Council's reaction to Mr. Birch's proposal to Mr. Radio. The meeting was adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 4 CLOSED CITY COUNCIL SESSION CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 22, 1993 Staff members present: City Engineer, Darrell Schneider, City Attorney, Bill Hawkins; Consulting Attorney, Tom Radio; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The purpose of the closed session was to discuss the deposition process for the Ron Birch, Amelia Lake Estates litigation. Mr. Radio explained a discussion process between the financial backer for Mr. Birch, Mr. Art Hawkins and Mr. Schumacher has begun. At the same time the deposition process is continuing. Former Mayor Bisel and former City Planner John Miller have completed their depositions. Mr. Radio said he would update the City Council regarding a possible settlement and the revised schedule for the depositions. Mr. Birch has proposed a plat with a higher number of housing units than was ever addressed at the City Council. He has also proposed three (3) settlement options: 1), the City purchase the area for a park; 2) the developer be allowed to build single family homes on five (5) acres of land; and 3) the builder be allowed to develop the land for a 260 unit townhome subdivision. Mr. Schumacher, Mr. Bill Hawkins and Mr. Brixius met with the neighborhood group and brought this message to them. None of the options were favorable to the neighborhood group. This information was relayed to Mr. Birch's financial advisor. Nothing further has been received from either group. Council Member Kuether asked how some of the neighborhood group feel about being sued by Mr. Birch. This information was not available. However, there has not been much yielding on either PAGE 1 CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 side. Mr. Hawkins was asked how the neighborhood group feels about a proposal for a mix of single family homes and townhomes. Mr. Hawkins explained that the number of total units would have to justify the dollars to be spent on the improvement. He also noted that there appears to no longer be a market for the more expensive townhomes. Council Member Kuether asked how the City stands with Mr. Art Hawkins. It was explained that Mr. Hawkins has his own attorney and the staff has not had the opportunity to get back to the neighborhood group for the second meeting to discuss the proposal for mixed housing. Mr. Radio explained that it is important that the City continue acting as a mediator between the developer and the neighborhood group. He also explained that it has come to the point that the City has to negotiate for what is in the best interest of the City in terms of long range planning. The City cannot afford to fight a battle to defend a neighborhood. He explained that the neighborhood group should not be allowed to dictate any of the terms of settlement. The City must consider the larger issues involved. Mr. Radio suggested that the City wait until Mr. Schumacher and Mayor Reinert give their deposition and then sit down with Mr. Birch and try to negotiate. Mr. Radio explained that all depositions should be completed by May 1, 1993 and all motions in the case should be completed by September 1, 1993. A trial date will probably be set for November, 1993. He noted that if the City wishes to avoid a trial, the lawsuit should not be allowed to go to far because momentum builds in favor of a lawsuit as the matter proceeds. Mayor Reinert noted that he had read all the minutes on the Amelia Lake Estates matter as it proceeded through the City Council. He feels that the City Council was in part mislead by the former City Planner and noted that the matter of zoning should have been resolved before any other matter was addressed. He also noted that there was nothing wrong with looking at a feasibility plan in the beginning. Mayor Reinert felt that the entire matter was presented to the City Council in a piecemeal manner. Council Member Kuether asked if the former City Planner is at fault, is this still a problem of the City? Mr. Radio explained the final question is would a reasonable Council person have reasonable grounds for denial of the rezone request. He noted that the resolution did outline objective reasons. However, this PAGE 2 CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 should have been the first question resolved. The City Planner was trying to get several things done at once, however, the fundamental question was never asked. Mr. Miller explained that he did not know of any reason for a denial and his recommendation was for approval. Also, there was never anything bad written about the project. Mr. Radio described Mr. Miller's deposition noting that he expounded on many things and took every opportunity to "slam" the City. Many of the questions directed to Mr. Miller should have been factually answered, however his answers were embellished. Mr. Radio explained a motion for summary judgement will probably be filed. If Mr. Miller is allowed to testify before a jury, he could be a problem. In essence, the City Planner is on the "other side". Mayor Reinert said he felt that no one should be able to come in and dictate to the City. He said to allow this development would be "leap frog" development. Mayor Reinert also noted that many things have changed through the course of time. The entire process was disjointed. Mr. Radio said that Mr. Birch's argument will be, why didn't the City Council tell me up front. Why didn't you bring up these issues at the regular City Council meeting when the project was denied. He noted that the very first adverse vote was nine (9) months after he brought in his plan. The December 1991 City Council meeting was discussed. Mayor Reinert noted that the "air" was not conducive to harmony. To many things were being "jammed" through. Council Member Bergeson noted that the present proposal is not much different than what was previously proposed. Mr. Radio said that their position will be that 85 units (the original proposal) should been constructed by now and they will want interest on their losses. Mayor Reinert asked if they have to prove there was a market for this type of housing. Mr. Radio said that this will be part of the City's defense. Council Member Bergeson asked if there was a proposal for a number of units between 85 and 240. Mr. Radio explained that Mr. Brixius had estimated approximately 154 units could be developed and still adhere to DNR and CORP guidelines. Mayor Reinert noted that a mix of housing might be saleable. He noted that at one time Mr. Art Hawkins and his daughter had agreed to this proposal. Mr. Schumacher explained that this had been relayed to Mr. Birch's financial advisor, however, no PAGE 3 CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 response has been received on this matter. Mr. Radio said he did not want Mr. Birch to prevail in this lawsuit and come out better than if he had not sued. Mr. Birch's financial advisor has been around a long time and knows that eventually the City could prevail. Mr. Radio gave the City Council a schedule for taking depositions. Mayor Reinert is scheduled for March 3, 1993, Mr. Schumacher and Council Member Kuether, March 4, 1993, Council Member Elliott, March 9, Council Member Bergeson, March 11 and Council Member Neal, March 18, 1993. Mr. Radio will meet with Mr. Schumacher, Council Member Kuether and Council Member Neal on March 2, 1993. There was discussion regarding the campaign for City Council in the fall of 1991. The discussion included the differences in philosophies of the candidates ssuch as environmental issues, motivation and "cluster" campaigning. Mr. Radio noted that Mr. Knaack, Mr. Birch's attorney has identified several expert witnesses that he plans to retain for this lawsuit. He noted that expert witnesses will also be retained to support the case for the City. Mayor Reinert asked if the "mood of the city" meant anything. Mr. Radio said not much, you cannot follow the dictates of a crowd. The City must have good valid planning reasons for its decisions. Council Member Bergeson asked who will attend the depositions. Mr. Radio explained that he will be there to advise the Council Members, Mr. Schumacher, Mr. Birch and Mr. Birch's attorney will be present. The atmosphere is low key. Mr. Radio also noted that he will not allow any inquiries about motivations. Mr. Radio said he would be talking to Council Member Bergeson and Council Member Elliott on the telephone prior to their deposition. The meeting was adjourned at 6:50 P.M. These minutes were considered, corrected and approved at a regular City Council meeting on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 4 CLOSED CITY COUNCIL SESSION FEBRUARY 22, 1993 PAGE 5 Closed Council Meeting CITY OF LINO LAKES COUNCIL MINUTES July 26, 1993 EMBERS PRESENT. Reinert, Neal, Kuether, Elliott, Bergesc EMBERS ABSENT;:. Nave Staff members present: City Attorney, Bill Hawkins; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The purpose of the closed session was to discuss the Reshanau Park Estates Homeowner's Association (RPEHA) litigation. Mr. Hawkins explained that Mr. Schumacher and a City Council member have been informed of allegations that he, acting as the City Attorney, made to the attorney for the RPEHA. Mr. Hawkins told the City Council that from the beginning of the boat launch matter, he has told the City Council that they have the right to deny the request for the boat launch. This opinion was given in writing and remains his opinion today. Mr. Hawkins explained that there are certain sanctions applied to City Attorneys. He read these sanctions. Mr. Hawkins explained that the allegations are absolutely nonsense. He has 20 years of experience in this field and knows how to hand litigation. He explained that he never even remotely indicated that the City's case is frivolous. Council Member Kuether explained that the word "frivolous" was used in a conversation she had with a RPEHA Member. She told the RPEHA Member that her attorney should come before the City Council and relate this information. Mr. Hawkins said that he was "extremely distraught" that this allegation was brought up at a public meeting (July 21, 1993 Council Work Session) especially after it was explained that the allegation was completely untrue. He said that since the City is involved in a lawsuit on the matter, the City Council and staff PAGE 1 Closed Council Meeting July 26, 1993 must be united. Mr. Hawkins again said he feels that this is not a "frivolous" case and is prepared to go forward with the litigation. Council Member Elliott was called by the same RPEHA Member regarding the same matter, however, she was not given the same information regarding the allegation against Mr. Hawkins. Mayor Reinert requested that both staff and City Council not talk to any RPEHA Member on this matter, but refer them to Mr. Hawkins. Council Member Kuether felt this was a tough situation because the Council Members are taxpayers too. However, she noted that the City is in litigation on the matter. Council Member Bergeson explained that the same RPEHA Member had also called him. However, the purpose of the call was to let him know that illegal things were happening on a lot down the street from his house. He told the RPEHA Member to call the Police Department or the Building Department and report the incidents. This RPEHA Member then called Council Member Neal. Council Member Neal explained that the same RPEHA Member called him and told him about the conversation that Mr. Hawkins allegedly had with the RPEHA's attorney. Mr. Hawkins told Council Member Neal that he should have brought the allegations to him and not to an open Council meeting. Council Member Neal explained that he had called Mr. Hawkins' secretary and found that there was no truth to the matter. He then related this information to the RPEHA Member at the work session. Mayor Reinert reminded the City Council that the City is in litigation on this matter and all members should be united. Mr. Hawkins suggested that if any Council Member is approached on this matter in the future, they should explain that the allegations are untrue and since the City is in litigation there will be no further comments. Mr. Hawkins updated the City Council on the litigation matter explaining that criminal action against the City has been dropped. He also explained that the RPEHA has not yet retained an attorney to answer the lawsuit prepared by the City against the Association. Again Mr. Hawkins explained that his obligation is to the City and he will try to settle the matter in the best interest of the City. He also explained that just because he is trying to settle the case without going to court does not mean that he considers the matter "frivolous". PAGE 2 Closed Council Meeting July 26, 1993 Council Member Bergeson said he has heard rumors that developers are going to contribute money to the RPEHA case. He has also heard that another RPEHA Member approached Mr. Asleson and Ms. Farm regarding a position on the Friends of the Parks Foundation. The closed session adjourned at 6:50 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES APRIL 25, 1994 Staff members present: City Attorney, Bill Hawkins; Consulting Planner, Al Brixius; City Engineer, Darrell Schneider; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mr. Tom Radio was also present. The purpose of the closed session was to update the City Council regarding the Amelia Lake Estates litigation and to present a proposed settlement from Ron Birch. Mr. Hawkins explained that Mr. Birch is proposing a settlement in which the City would guarantee that he could subdivide the property into four (4) buildable lots. Mr. Hawkins has asked Mr. Brixius to prepare information regarding whether or not the 45.23 acres would sustain four (4) buildable residential lots which conform to applicable Rural -Executive zoning regulations. Mr. Radio reminded the City Council that this is a privileged City Council session and all information given at this time should not go beyond this meeting. He explained that Mr. Birch has appealed the district court decision on the matter. A brief has been filed in behalf of the City and Mr. Birch will be filing his own brief. The appeal will be heard by a three (3) member panel late this summer or early in the fall. A decision may not be given until after the first of the new year. Mr. Birch's attorney, Fritz Knaack, approached Mr. Radio and suggested that a joint appendix be filed with the courts, however the suggestion was rejected because Mr. Birch wanted to bring certain information into the matter that was not heard by the lower court. Mr. Knaack also has told Mr. Radio that Mr. Birch would be open to settling the case if he could have some assurance that four (4) building sites would be approved by the City Council. Mr. PAGE 1 CLOSED COUNCIL MEETING APRIL 25, 1994 Brixius has completed an analysis of Mr. Birch's proposal which indicates that there can be no absolute guarantee that four (4) lots meeting the zoning requirements could be realized. Mr. Radio said he could not guarantee the City Council that the City would win the appeal. However, the City did win in district court. He said he felt compelled to discuss the latest overture from Mr. Birch with the City Council. Mr. Brixius briefly went through the analysis of the Birch property and explained that there are two (2) options for development of the land. The first option would be to simply divide the property into four (4) lots and then make a determination if the four (4) lots meet all zoning and wetland regulations. The second option would be to rezone the property to PDO. This would allow for further development options but would still limit the number of lots to four (4). In either case, the subdivision would be required to meet all regulations and be required to submit a wetlands delineation. Mr. Radio explained that at this time the City Council has three (3) options as follows: 1) Say no to Mr. Birch's overture for settlement and let the Eight District Court of Appeals make its decision. 2) Say to Mr. Birch here are four (4) building permits and we will work out the details later. Tell Mr. Birch that he should go through the process of submitting applications and the City will decide whether or not the subdivision meets all ordinance and wetland regulations. Mr. Brixius explained that Mr. Birch can file an application for subdivision without further court action. However, the subdivision will be required to demonstrate compliance with all City regulations. In this case the City would be just following the current City ordinances. Mr. Schumacher noted that Mr. Birch has never trusted the City Council and he may think that if he can get four (4) building permits, he has won and is getting his way. Mr. Brixius explained that the building permits should not be given unconditionally. Mr. Radio explained that if Mr. Birch follows the application process, he is only getting what he has a right to at this time. Mayor Reinert asked from a legal standpoint, what is Mr. Birch planning. Mr. Hawkins said Mr. Birch does not trust the City PAGE 2 CLOSED COUNCIL MEETING APRIL 25, 1994 Council and is asking for a guarantee. Council Member Elliott explained that she received a telephone call and the caller indicated that Mr. Birch may settle out of court with Mr. Art Hawkins. Council Member Bergeson questioned the information in Mr. Brixius' analysis asking if Mr. Brixius had confirmed the acreage available for subdivision and the ordinary high water mark. Mr. Brixius explained where he obtained his information. He further explained he felt that going through the permit process would verify the information and requiring wetland delineation would help determine the number of lots to be realized from the 45.23 acres. Council Member Bergeson asked Mr. Schneider if he had a method of determining the number of acres above the ordinary high water mark. Mr. Schneider said yes, but he would be unable to identify any additional wetlands. Council Member Bergeson asked Mr. Hawkins if the City Council could legally act on Mr. Birch's proposal without going through the Planing and Zoning and the entire process. Mr. Hawkins explained that any settlement with Mr. Birch must include going through the process and getting the subdivision processed in the ordinary manner. This would include going through the Planning and Zoning process. Mr. Hawkins explained that it appeared that Mr. Birch is looking to "save face" by being able to say that he did get something from the City. However, the City is obligated to try to save tax payers dollars and if a settlement can be reached without further litigation, this would be a win/win situation. Mr. Radio explained that if the City were to enter into some type of settlement with Mr. Birch and all the right words were not put into the contract and Mr. Birch does not get his four (4) lots, he will surely sue for breach of contract. Mr. Radio agreed with Mr. Hawkins and said that the City should not guarantee that Mr. Birch will get four (4) lots. Mr. Hawkins recommended that Mr. Radio tell Mr. Birch that the City Council looked at his proposal and generally felt good about it and suggest that he start the subdivision process. Mr. Hawkins felt that a formal reply to Mr. Birch was not necessary. Mr. Brixius suggested that Mr. Birch be made aware that the wetlands delineation is a cost that he must assume. He will be required to complete the wetlands delineation for any type of improvement in the area. Mr. Radio said he will tell Mr. Birch that the City Council met and discussed his concept of four (4) buildable lots and decided that the City will not oppose any subdivision that Mr. Birch is PAGE 3 CLOSED COUNCIL MEETING APRIL 25, 1994 entitled to under current City ordinances. However, the City Council cannot guarantee there will be four (4) buildable lots. Mr. Birch has approximately six (6) months to go through the process before the court takes further action. Council Member Bergeson said he felt it is fair to let Mr. Birch know that wetland delineation is an important part of the process. Mr. Schumacher said he met with Amy Donlin and talked to her about mediation of the matter with the neighborhood. Mayor Reinert explained that the neighborhood has to be informed that the City Council cannot oppose Mr. Birch if he meets all of the ordinance requirements including wetland delineation. Mr. Hawkins explained that the City has to let Mr. Birch know that he will have no opposition as long as all of the City ordinances are met. Mr. Radio will let the City Council know what Mr. Birch's response is via Mr. Schumacher. Mr. Radio will let the City Council know the time, place and date for the arguments in the appeal process. He noted that this will be more impressive than in the lower court. This will probably happen in August or September. The meeting was adjourned at 6:08 P.M. These minutes were considered, corrected and accepted at the regular City Council meeting held on , 1994. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 4 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES NOVEMBER 18, 1993 uether,;;Elliott, Bergeson; Staff members present: City Administrator, Randy Schumacher, Assistant to the City Administrator, Dan Tesch and Marilyn Anderson, Clerk -Treasurer Ms. Karen Olson of Labor Relations Associates was also present. The purpose of the meeting was to update the City Council regarding labor negotiations with the Lino Lakes Management Association (LLMA) . Mr. Schumacher explained that Ms. Olson and Mr. Tesch have been working with LLMA for several months. Mr. Schneider and Mr. Cliff Ross have been representing LLMA. Ms. Olson reviewed the legal legal responsibilities of the City. She noted that the group of employees represented in this matter are essential employees and cannot strike. Normally the process is to negotiate all matters. If negotiation is not successful, the matter goes to mediation and if necessary to arbitration. Ms. Olson outlined the arbitration process. She noted that it is always better to negotiate the initial contract because the first contract always contains many clauses not involving money. Ms. Olson noted the City of Fairmont case in which 14 of 39 issues were negotiated before the process went to arbitration. Ms. Olson also explained that the arbitration process is costly and control is taken out ofthe hands of the City Council and put in the hands of the arbitrator. Ms. Olson explained the Pay Equity Plan is in place and the City is in compliance with all those legal requirements. The City must continue to work toward continued equity. She noted that there must be a reasonable relationship between the salary paid to these PAGE 1 CLOSED COUNCIL MEETING NOVEMBER 18, 1993 employees and the skills of the employee. There must also be a reasonable relationship between the salary paid by the City and the salary other cities pay their employees in similar positions with similar skills and also with similar employees in the private sector. Ms. Olson also noted that all the employees represented by LLMA are exempt from the Fair Labor Standards except the Police Sergeant. Ms. Olson explained management rights. She noted the contract should contain clear and concise language so that there will be no misunderstandings and grievances. Ms. Olson said that the City Council should think about compliance with Pay Equity and look at internal relationships. Mayor Reinert asked what type of things will cause employee equity line variances. Ms. Olson explained. She noted that the Police Department and the Public Works Department are already above the line and this is because they are already organized. She suggested that the City attempt to slow down the pay rates of these groups by negotiating packages with smaller wage increases. Mayor Reinert asked if knowledge and skill relate to the pay line measurement of knowledge and skill? Ms. Olson said this is a problem because you can measure work such as piece work, however, most municipal work is not subject to physical measurement because of the variances. She noted that usually municipalities chose either the Hayes Group or the Control Data Program to prepare the "all employee pay equity line". Mayor reinert said that he did not want the City to be out of compliance with Pay Equity. Ms. Olson explained that not only Pay Equity but also a market survey and the development of market data and external comparables will be used to prepare a wage and benefit package. Council Member Bergeson asked if there was inequity within this particular group of City employees. Ms. Olson said she would like to defer this question until the restructuring is completed. She also noted that the contract must contain language stating that the City has the right to restructure. Council Member Bergeson said it appears that the City Council cannot go further on this matter until after the restructuring is completed. Mr. Schumacher said that there is a long list of issues that can be reduced before salary and benefits are discussed. Ms. Olson said that there is a general ideal of the dollar value of the union package. However, she noted that distributing the dollars available in the budget has to wait until restructuring is completed. In addition, agreements with other employee groups need to be reviewed. PAGE 2 CLOSED COUNCIL MEETING NOVEMBER 18, 1993 Ms. Olson was asked if the cost of living was a factor. She said it never has been an important as once thought, however, it is an indicator. It was noted that settlements in other jurisdictions range about 2% to 3%. It was also noted that the State of Minnesota is encouraging a wage freeze. However, there is a significant difference in benefit costs at the State level. Also the State salaries are higher than other jurisdictions. It appears that only salary ranges are to be frozen. Ms. Olson noted that Lino Lakes is in an odd situation. There has been significant population growth and this always impacts service needs. Ms. Olson explained that the goal is to bargain through negotiations rather than to arbitrate. She explained the role of an arbitrator and noted that they usually seek to satisfy everyone. Ms. Olson felt that the City Council should protect its management rights through negotiating a package that would be within budget and stay in compliance of the Pay Equity Plan. Ms. Olson noted two (2) other goals; seek to negotiate a co -share insurance premium plan and seek a multi-year contract. The Council asked if increases in salaries in other cities has been reviewed. Mr. Tesch said yes and Lino Lakes is low. He noted that LLMA has used the Stanton Report as their basis for salary determination and has used Class #5 cities. Actually cities from both Class #5 and Class #6 should be used. Using relevant group cities consistently, the salaries in Lino Lakes are low. Council Member Bergeson asked if the Lino Lakes salaries are relative lower than other comparable groups. Ms. Olson said that the base pay freeze in 1992 adversely impacted this group. Mayor Reinert noted that with restructuring, there may be less responsibility and that may bring some employees into line. Ms. Olson said that even considering the restructuring, the salaries will still be low. Mayor Reinert asked if looking at the knowledge and skill level of the Lino Lakes employees as compared to other cities, will there still be a disparity in salaries. Ms. Olson said the entire wage level for Lino Lakes is low. She also noted that an arbitrator will look carefully at other markets. Council Member Kuether noted that what the City Council does with this group will impact other groups and she said that the City Council must look at staying in compliance with the Pay Equity Plan. Council Member Bergeson said he would like to see all union groups PAGE 3 CLOSED COUNCIL MEETING NOVEMBER 18, 1993 on the same cycle and all be renegotiated at the same time. Ms. Olson said that it is better to deal with the units that have the ability to strike first. If the package is reasonable there is less of a chance for a strike. Then the City can go to the arbitration groups and say this is what the striking unions settled for. Mayor Reinert said that when a package is negotiated that costs more than what is in the budget, this means that the City cannot hire some new employees as proposed. Ms. Olson said that she will be negotiating with the amount of dollars that the City Council authorizes so this means that the City Council must arrive at a general indication of the dollars that are available and that can be distributed. She noted that she will not propose a settlement that is not authorized. Ms. Olson explained that this meeting is the first of several meetings to get the City Council thinking about the approximate size of the wage and benefit package and to prepare a plan for distribution of the dollars. These figures are then put in the computer and analyzed. Benefits need to be looked at since the LLMA is seeking to improve their fringe benefits. Ms. Olson said she wanted the City Council's input on this matter. Mr. Schumacher also explained that there are dollars in the 1993 budget as well as in the 1994 budget for this contract settlement. Ms. Olson explained that the payline and the Pay Equity Plan will be kept in mind as well as positioning for arbitration. She noted that the final result must be reasonable and affordable. Ms.Olson said that she will consider $50,000.00 as the amount available for settlement of this contract and will re-evaluate her strategy after the restructuring has become final. She will prepare some hypothetical figures for the City Council to consider. Mr. Tesch explained that job descriptions for persons in LLMA are nearly completed, however he has not prepared any projections of the dollars needed for each position. He will be talking individually to each member of LLMA. Council Member Bergeson asked Ms. Olson to give a general estimate of how low salary and benefits are for the members of LLMA. She explained that they would not be within 10%. She explained that she will come back before the City Council and make some projections. Ms. Olson also said she would focus on internal relationships and take a position with an eye to the budget and an eye to arbitration. Council Member Bergeson asked how important it is to talk tough or easy? Does this set the tone for future contracts? Ms. Olson said that she would not be talking tough but rather rational. PAGE 4 CLOSED COUNCIL MEETING NOVEMBER 18, 1993 The meeting ended at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 5 CLOSED COUNCIL MEETING CITY OF LINO LAKES .COUNCIL MINUTES DECEMBER 8, 1993 Staff members present: City Attorney, Bill Hawkins; Assistant to the City Administrator, Dan Tesch; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The purpose of the closed meeting was for Mr. Tesch and Mr.. Schumacher to update the City Council regarding the Lino Lakes Management Association (LLMA) negotiations. Mr. Schumacher explained that Mr. Tesch has done the majority of the work on this matter. He noted that previously, Mr. Tesch had prepared an organizational chart for the City and this chart has been adopted by the City Council. Mr. Tesch will update the City Council regarding where negotiations with LLMA stand and also regarding the proposed re -organization of City staff. Mr. Tesch explained that he and Ms. Olson of Labor Relations Associateslhave been meeting with the union representatives, Cliff Ross and Darrell Schneider. Salary figures have not been discussed and none have been prepared for this meeting. Salary figures may be ready for the meeting that will be held with Ms. Olson next Thursday. Principal issues under discussion are salaries and language issues. The proposal submitted by the LLMA has been evaluated and would cost the City approximate $502,000.00 initially. Council Member Bergeson asked how that figure compares to current salaries. This information was not known. The LLMA proposal has been revised to about $175,000.00. Originally, all LLMA members wanted cars to take home and now only two (2) members are requesting cars to take home. LLMA is proposing 20 days of vacation each year and the originally proposal for severance pay has been trimmed to 100% of the accumulated sick leave. Eight PAGE 1 CLOSED COUNCIL MEETING DECEMBER 8, 1993 (8) hours of Comp time per month had been proposed by LLMA and this has been reduced to four (4) hours per month. Mr. Tesch is preparing salary figures based on the Stanton Report and also based on the salaries of comparable cities. LLMA is using the averages for cities with populations over 100,000 as their basis of comparison. Mr. Tesch will try to use cities that are more like Lino Lakes in their development. Use of a city vehicle was discussed. Since the Chief of Police is on 24 hour call, he could be given the use of a car or mileage. Mr. Tesch suggested that Mr. DeWolfe be given the use of a vehicle on a seasonal basis. Mayor Reinert recalled that Council Member Kuether had suggested that all police officers take a squad car home each night. He said this may make sense because it gives the Police Department more visibility. A multi-year contract was discussed. Mr. Tesch explained that settlement of the LLMA contract could move salaries in different ways in the City's Pay Equity Plan. He also noted that reorganization of the Public Works Department and the Engineering Department and to some extent the Finance Department is moving ahead. Job descriptions are being completed and the organizational chart is being reviewed with the idea of giving more responsibility for consideration of pay issues. There also may be some title considerations. Mr. Tesch noted that Mr. Schneider has been cooperative and all the LLMA members are aware that Mr. Schneider will be the head of the Public Works Department and Engineering Department. Council Member Bergeson suggested that all union contracts end on the same date. Mayor Reinert noted that this matter is taking a lot of time. He also noted another consideration in settling this contract is space needs. He explained that some union members may not be in the same area as they now are. Mr. Tesch explained that the entire matter may end in arbitration. Since these LLMA members are essential employees, this will be binding arbitration. Mr. Schumacher noted that he has never been through this process but feels that the LLMA advisor will advise them to be realistic. However, they will bring in information from other communities. PAGE 2 CLOSED COUNCIL MEETING DECEMBER 8, 1993 Council Member Neal asked what would happen if the City eliminated some positions. Mr. Schumacher explained that the person in a position that is eliminated cannot "bump" another person because that person must meet qualifications for the position. Mr. Tesch explained that the next meeting is scheduled for November 18, 1993 at 5:00 P.M with Ms. Olson. Mr. Schumacher asked the Council members to call him if they have further questions. The meeting was adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 27, 1993 Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins and Clerk -Treasurer Marilyn Anderson. Mr. Jim Golembeck, an attorney with Jardine, Logan and O'Brien was also present. The purpose of the closed meeting was to discuss the counter suit brought by the Reshanau Park Estates Homeowner's Association (RPEHA) against the City regarding the proposed boat launch. Mr. Hawkins introduced Mr. Golembeck and explained that he has been assigned by the Minnesota League of Cities Trust Insurance to represent the City in the action brought by the RPEHA. Mr. Golembeck explained that there has been some legal activity on the matter and a court hearing is scheduled for October. Mr. Hawkins asked the City Council for their opinion regarding whether or not there was. any possibility of a resolution of the matter by entering into a compromise. He noted that a compromise would probably involve allowing the RPEHA the use of the boat launch in some capacity, possibly one (1) or two (2) boats at a time similar to what would be normal usage for any other residential lot on a lake. The language in the compromise statement would explicitly outline that only RPEHA members could use the launch. Since it is the RPEHA's intent to use the outlots for a private park, a volley ball court, horseshoe pits and other small recreational activities would also be allowed. The compromise would restrict the use of the outlots and boat launch by recording a covenant on the property. Council Member Bergeson asked if the City Council cannot agree on a compromise, what will happen? Mr. Golembeck explained a hearing has been set for October 21, 1993 for a summary judgement hearing. He has demanded documents regarding the RPEHA claims PAGE 1 CLOSED COUNCIL MEETING and has served a discovery motion. a summary judgement against these for June, 1994. SEPTEMBER 27, 1993 The RPEHA will be asking for claims. The trial has been set Council Member Bergeson noted that the original City Council complaint was that the RPEHA did not go through the process but withdrew their request to rezone the lot. Mr. Hawkins explained that it is and has always been the legal position of the City that the boat launch was an accessory use of a lot and since there is no principal building on the lot, there can be no accessory use. There is no place in Lino Lakes where someone can purchase a lot in the middle of a residential area and establish a non-residential use on the lot. Mr. Golembeck explained that the RPEHA can file a request to rezone the land to a PUD. All the necessary restrictions can be written into the rezone approval by the City Council. This action would require a four fifths (4/5th) vote by the City Council. Mayor Reinert said this action would take the City Council back to "square one". He explained that the original proposal was for a rezoning and the RPEHA felt that the boat launch would not be approved and withdrew the rezone request. Mr. Golembeck explained that the City's defense on this matter will be that the RPEHA did not pursue all the legal avenues open to them to get the boat launch established. However, they will counter by saying that because of action by some Board Members they cannot expect approval from the City Council. Mayor Reinert noted that the RPEHA has not been denied anything yet because they have not gone through the process. Mr. Golembeck explained that the RPEHA will plead that they felt going through the process would be fruitless. Mr. Golembeck explained that the RPEHA's attorney has told him that they have been approached by the Department of Natural Resources (DNR) for a public lake access and they have said no. The RPEHA is also discussing other legal avenues to be gain use of the boat launch. Mayor Reinert said he has heard that the DNR is not really interested in a lake access in this location. He also noted that the Anoka County Parks Department (Dave Torkildson) has indicated that they want to establish a public boat launch on the north side of the lake. Mr. Torkildson will be retiring in about a year and he has made a public boat launch a priority. Mayor Reinert said he felt that the RPEHA has violated the City ordinances and it is the duty of the City Council to uphold the ordinances otherwise there is no point of having ordinances. He felt that the RPEHA should go through the process and apply for a rezoning of the property and go through the public hearing PAGE 2 CLOSED COUNCIL MEETING SEPTEMBER 27, 1993 process. Mr. Golembeck explained that if a compromise is not offered or accepted by the City Council, the court will make a decision concerning the use of the property. The only way the City will have any input in that decision is by negotiating a settlement prior to the trial. Mayor Reinert asked if the City Ordinances meant anything? Council Member Bergeson told of an attempt to negotiate in an informal manner. The proposal was that the RPEHA would give the boat launch to a new homeowner's association that would be comprised of all property owners around the lake. It was felt that the RPEHA would not approve this compromise since they would lose control of their property. Mr. Golembeck asked again if there is any interest in a compromise. Council Member Kuether noted that the City Council represents the entire City not just one (1) group. She expressed fear of what the courts may decide in this matter. Council Member Bergeson felt there were three (3) alternatives in this matter. Mayor Reinert felt that the RPEHA had not exhausted all their avenues and that there should be no attempt to compromise on the part of the City Council until all avenues were explored by the RPEHA. Council Member Elliott said she would be open to listening to their proposal but offered no guarantees. Mayor Reinert said his personal opinion was that by offering a compromise, the City Council was saying that the City ordinances are not enforceable. He suggested that the RPEHA apply for a rezone and go through the public hearing process. Mr. Golembeck said that they would want some assurance that the City Council would be open to a compromise proposal. Mr. Hawkins explained that the City Council would be wasting time if a proposed compromise did not involve the boat launch. Council Member Bergeson noted that three (3) of the Council Members did not live on the lake. He asked what would happen if the two (2) Council Members living on the lake did not agree with the proposed compromise. It was noted that a four/fifths (4/5) vote is needed to approve a rezone. Mayor Reinert said he felt that maybe some RPEHA members fear that going through the Planning and Zoning Board process would be fruitless because the Chairman was involved in the boat launch dismantling. Mr. Hawkins said that the RPEHA members are looking beyond that process to the point where the matter is considered by the City Council. They see that two (2) City Council Members live on the lake and fear that there will not be a 4/5th approval. Mr. Golembeck said his concern is that the RPEHA may go through the rezone process and be denied. This would take PAGE 3 CLOSED COUNCIL MEETING SEPTEMBER 27, 1993 away one point in favor of the City. Mayor Reinert said he did not want to compromise the City Ordinances. If the ordinances are proper, then the property should be rezoned. Council Member Elliott agreed. Council Member Kuether noted that the City does not have an ordinance that covers a boat launch. Council Member Bergeson asked if there was a method for the RPEHA to get a boat launch. Mr. Hawkins said yes, however, the members feel they have reasonable cause to believe their request will be denied. Council Member Bergeson asked if a request was ever presented for a boat launch? He was told yes, with the original plat. Mayor Reinert said his concern is that the RPEHA has violated the City Ordinances. He also noted that the City has not denied them use of their property. Mr. Hawkins asked again if the City Council was willing to talk about a compromise. Council Member Bergeson said only to offer to temporarily remove the Chairman of the Planning and Zoning Board. Council Member Neal said that offering a compromise would be admitting that something is wrong with the City Ordinance. Mr. Hawkins asked what the City Council felt was the best use of the lot in question. Council Member Bergeson explained that at some point sanitary sewer and municipal water will be available to both lots and then they can be developed for residential use. Mr. Schumacher asked if it would help if the Planning and Zoning Board approved a plan for using the lots as a park. Mr. Golembeck said that the Planning and Zoning Board is just an advisory board and their recommendations are not binding on the City Council. The closed session was adjourned at 8:50 P.M. with no approval for a compromise. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 4 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MAY 23, 1994 MBERS PRESENT: Reinert, Neal, Kuether,;Bergeson EBERS ABSENT Elliott Staff members present: City Attorney, Bill Hawkins; City Administrator, Randy Schumacher; Chief of Police, David Pecchia and Clerk -Treasurer Marilyn Anderson. The purpose of the closed Council meeting was for Mr. Hawkins to update the City Council regarding the Reshanau Park Estates Homeowner's Association litigation and the Ron Birch, Lake Amelia Estates litigation. Reshanau Park Estates Homeowner's Association Litigation Mr. Hawkins said that he has received reports that the Reshanau Park Estates Homeowner's Association (RPEHA) has been using the boat launch. Mr. Hawkins telephoned Mr. Hart, the RPEHA attorney, who explained that the RPEHA has decided to use the launch to show that its use would not be a big problem. Mr. Hawkins told Mr. Hart that he would be meeting with the Lino Lakes City Council and that criminal action could be taken against the RPEHA. Mr. Hawkins explained that the next court action in this matter is scheduled for June 8, 1994. The City will ask for summary judgement dealing with the criminal action. Attorneys from the League of Minnesota Cities Insurance Trust will be handling this matter. If the Insurance Trust is not successful, the matter will go to trial. Mr. Hawkins explained that depositions have been taken from City officials and former City Planner, John Miller. The developer of Reshanau Park Estates will be giving his deposition later this week. The case has already cost a great deal of money and could ultimately cost the City from $50,000.00 to $75,000.00. Mr. PAGE 1 CLOSED COUNCIL MEETING MAY 23, 1994 Hawkins noted that the trial date has been set for August 15, 1994. The trial will be before a judge, not a jury, and may take a week. The judge has until November 15, 1994 to present his decision. Mr. Hawkins asked the City Council members if they wanted him to prepare a motion for a temporary injunction to prevent further use of the boat launch. He recommended that there be no other action by the City such as issuing citations to the boat launch users. Council Member Bergeson asked what would happen if the courts approved an injunction and the injunction was violated. Mr. Hawkins explained that this would be contempt of court and the court would deal with the violator. Mayor Reinert explained that the RPEHA circulated a poster to all lake shore residents. The poster stated that they plan to use the boat launch this year. The back of the poster contains rules and regulations for using the lake. Mr. Hawkins explained that technically there is no restraining order at this time. However, the RPEHA is violating the City Code and could be cited for doing so. Police Chief Pecchia explained that about two or three weeks ago his department started receiving telephone calls about the use of the boat launch and complaints about certain activities on the lake itself. He referred the lake use complaints to Anoka County and they will deal with that matter. There was also a telephone call from someone who asked if he would be arrested if he used the boat launch. To date no action has been taken regarding these telephone calls, however every call is being documented. Mr. Hawkins explained that he told Mr. Hart that there will be action by the City Council on this matter. He also noted that the RPEHA had a meeting with Mr. Boyd, another attorney. Mr. Hawkins noted that the RPEHA have the financing to see this through the courts if necessary. Mr. Hawkins explained that the City could avoid a court trial if the City allows the use of the boat launch with severe limitations. This would require that the RPEHA apply for and receive a rezoning to PDO. The use of the property would be completely detailed in the rezoning approval. Council Member Kuether suggested residents around the lake be told of the cost of the litigation and allow them some input into a negotiated settlement. Mayor Reinert felt that the lake residents do not care about the cost since they personally are not paying the bill. PAGE 2 CLOSED COUNCIL MEETING MAY 23, 1994. Mr. Hawkins explained the cost of proceeding with a court trial and said the matter could be resolved by rezoning the property to PDO with restrictions. The solution is permanent and legal under the City Code. Mr. Hawkins noted that if the RPEHA wins the litigation, they may be able to put 10 boats or more on the lake at one time. Mayor Reinert said that the entire purpose of this litigation is to make sure the ordinances are upheld. Council Member Kuether said again that she felt an effort should be made to go back to the lake residents opposed to the boat launch and explain the cost of a court trial and what would happen if the RPEHA should win. Council Member Bergeson said that the City already has spent thousands of dollars on the matter and asked what actually happens if the court allowed an injunction and the injunction was violated. Mr. Hawkins explained the procedure. Mayor Reinert asked if the City Council "screwed up" at the beginning of the matter. Mr. Hawkins said no, the members of the RPEHA bought into something that could not be delivered. They feel that they cannot come to the City Council for a fair, impartial decision regarding a rezoning request. Mr. Hawkins again asked if the City Council was willing to ask for a temporary injunction regarding the use of the boat launch and then consider a resolution to the matter by rezoning the area to PDO with restrictions. Mayor Reinert said that he would like the RPEHA to bring the rezone request through the process and at the same time start a conversation with the other lake homeowners. Council Member Kuether said she felt that the City Council owed the tax payers an attempt to resolve the matter before it ended in the courts. Mr. Schumacher explained that the Planning and Zoning Board did approve the park usage but did not approve the boat launch. This matter did not reach the City Council because litigation was started. Council Member Kuether asked if the RPEHA brings a request for a rezone to PDO through the process and then are denied, can this action be used against the City. Mr. Hawkins said that they would not begin the process unless they are assured that they will gain something. Mr. Hawkins asked if he could call Mr. Hart and say that if the RPEHA does not use the boat launch until this matter is completed, the City Council would look favorably at a rezone to PDO with some sort of controlled access? Mr. Schumacher explained that he had talked to Council Member Elliott earlier this week and she had said she hoped that there was a way to PAGE 3 CLOSED COUNCIL MEETING MAY 23, 1994 settle the matter before the trial. Mayor Reinert said he would want the other lake homeowners to have a part in the process. Council Member Bergeson said that the City Council will not be able to please everyone no matter what they did. Mr. Hawkins suggested that the other lake homeowners be brought in and explain to them that the City Council wants them to be a part of the solution. He also suggested explaining to them that legal action would be a drain on City finances and ask for their ideas for settling the matter. Mr. Hawkins said that the Planning and Zoning Board had said no to the boat launch and suggested that Mr. Brixius and the entire Planing and Zoning Board be informed that the City Council wishes to consider some proposal that would include restricted use of the boat launch. There was further discussion on this matter and it was decided to limit the number from each side to approximately five (5) people. Mr. Hawkins asked that all of the City Council become involved to give direction on the matter and let the community know that staff has been given authority to resolve the matter which would include some limited access to the lake. Mr. Schumacher, Mr. Brixius and the people from each side of the matter will sit down and discuss the concerns. Lake Amelia Town Homes Litigation Mr. Birch has appealed the decision of the lower court to the Eighth Circuit Court of Appeal. A letter has been received from Mr. Radio stating that he has heard from Mr. Birch who stated that he is not interested in bringing a request for land division back through the Planning and Zoning Board and the City Council. Mr. Birch is also considering selling the property to the Department of Natural Resources or to the White Bear Gun Club for a shooting range. The City Council will be kept updated on this matter. The closed session ended at 8:58 P.M. These minutes were considered, corrected and approved at a regular meeting of the City Council held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 4 CLOSED CITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 25, 1994 Staff Members present: Acting City Attorney, Barry Sullivan; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Attorney Jim Golembeck from the League of Minnesota Insurance Trust was also present. The purpose of the closed meeting was to discuss a recent proposal received from the Reshanau Park Estates Homeowners Association (RPEHA) regarding the use of two (2) outlots. The RPEHA proposal had been given to the City Council prior to the meeting. Mr. Schumacher explained that the trial date for this litigation has been set for August 15, 1994. He noted that the last time this matter was discussed by the City Council, he was directed to see if a settlement could be reached prior to the trial. Mr. Golembeck explained that he is representing Lino Lakes through the League of Minnesota Insurance Trust. Originally, the RPEHA had sued the City for everything possible. The City has presented motions for summary judgements on several of the issues, and the summary judgements were not granted. The City had also presented a request for a restraining order to keep the RPEHA from using the boat launch. The restraining order was not granted. Mr. Golembeck noted that every judge involved in this matter has not taken a "light" view of the case and has requested that the matter be settled before the trial begins. Mr. Golembeck said he wanted the City Council to be aware of all the facts and also his opinion. He noted that Mr. John Miller, former City Planner has testified against the City saying that it was his understanding that the outlots were approved for recreational use. PAGE 1 CLOSED CITY COUNCIL MEETING JULY 25, 1994 Mr. Golembeck said it is his opinion that if the matter goes to trail, the judge will rule in favor of the RPEHA. It appears that the judge feels that the City is using a "heavy hand" in the matter. Mr. Golembeck further noted that during the consideration of the final plat, the City Council directed the City Attorney to review the RPEHA's by-laws. Why would the City do this when the by-laws affect only the operation of the association? This action is being interpreted as the City's attempt to determine the use of the outlots. Mr. Sullivan said it could be argued that the City always reviews by-laws. There is testimony from Mr. Miller that the outlots are in a flood plain and cannot be used for residential purposes Since the RPEHA wanted to use the outlots, they did not plead a "taking" claim. Mr. Golembeck explained that the destruction of the boat launch does not look good for the City. If the matter goes to a jury and it is a fact that people took action to deprive the RPEHA of their rights, the City may be required to pay the RPEHA attorneys fees. Mr. Golembeck also noted that if the actions of the persons who destroyed the boat launch can be associated with the City, the City may not be covered by insurance. Mr. Golembeck noted that every judge in the matter has "implored" settlement. He explained that if the City can draft a suitable settlement, the City will retain control in the matter. However, if the matter goes to trial, the final outcome will be out of the control of the City. If the RPEHA loses the case, they will appeal. Mayor Reinert said that the RPEHA has never exercised their right to apply for a rezone of the two (2) outlots so that they could be used for something other than residential. Mr. Golembeck said that the RPEHA feels that they were granted a right to use the outlots for recreational purposes when the final plat was approved and they do not have to get any other approvals from the City. Mayor Reinert referred to the most recent settlement proposal and said that there were many issues in the proposal that needed to be refined. He said his position remains the same, the RPEHA should apply for a rezone of the property and go through the proper channels for approval. Council Member Kuether said they feel that they would have to go through the Planning and Zoning Board process and the actions of the chairman of board would indicate that they would not get anywhere with a proposal. Mr. PAGE 2 CLOSED CITY COUNCIL MEETING JULY 25, 1994 Sullivan said that if the RPEHA applied for a rezone, that would be an admission that they did not have permission to use the outlots as they now feel they can. Mayor Reinert noted that if any other person or group wanted to use the outlots, they would have to apply for a rezone. Council Member Bergeson explained that the RPEHA has always contended that the use of the outlots is not an accessory use. Mr. Golembeck again stated that if the City offers a settlement, the City would have control over the future use of the outlots. However, if the matter goes to court, a judge will have control over the use of the outlots. Mayor Reinert said that if the RPEHA got together with the other home owners association on the lake, a workable solution could be found. Council Member Bergeson asked if the City agreed to a particular settlement and gave up some control of the outlots, what would the RPEHA give up? Mr. Golembeck explained that the City must draft a response to the proposal submitted by the RPEHA. Council Member Bergeson noted that there is not much time and asked would the trial continue if the RPEHA and the City are in the process of working out an agreement. Mr. Golembeck explained that the court would put the matter in obeyance. Mayor Reinert said his opinion is that the process for remedy of the situation has always been available to the RPEHA. Mr. Golembeck suggested that the City Council draft a response to the RPEHA proposal that is more restrictive than their proposal and make the approval contingent to the process (Planning and Zoning review and public hearing). Mayor Reinert said that the process should include a review of the impact to the lake, size of boat motors, etc. He also felt that the people who live around the lake should have some input into the process since the request for a rezoning would impact their property values. Mr. Sullivan explained that the RPEHA must apply for a PDO rezone and go through the normal process. Mayor Reinert asked if the RPEHA were violators of the City Zoning Ordinance. Mr. Schumacher said that the City Zoning Ordinance requires a principal building on a lot before accessory uses can be considered. These are residential lots and this provision does apply. Council Member Bergeson asked if at the time of final plat approval, the City Attorney took the position that the lots were zoned R-1 and no accessory use could be approved until a PDO was PAGE 3 CLOSED CITY COUNCIL MEETING JULY 25, 1994 approved, why did the City Council ask to review the by-laws of the RPEHA? Mr. Sullivan said that at the time the final plat was approved, the developer did not have any plans for the two (2) lots. Mr. Sullivan again outlined the possible outcome for the City Council: 1) go to trial and if the City does loses, the RPEHA will be able to use the lots as outlined by the judge; and 2) the City will be responsible for payment of legal fees for the RPEHA. There is also a damage claim pending. However, since the RPEHA has been using the outlots, this claim should not be substantial. Mr. Golembeck explained that there is no way to tell how the judge will rule on the lots if the City does not win in court. He suggested that the City Council direct Mr. Brixius to prepare a proposal that outlines restrictive conditions. The proposal could be distributed to the City Council by Mr. Schumacher. Mayor Reinert said that if the City Council decides to go in this direction, the proposal should make it clear that the RPEHA must come before the Planning and Zoning Board and follow the entire process. Mr. Golembeck said that the City will include "due process" in the proposal. Council Member Kuether noted that if the City Council instructs Mr. Brixius to prepare a proposal with restrictive conditions, and the RPEHA follows the process and applies for a PDO, the City Council will be obligated to approve the proposal. Mayor Reinert said that the RPEHA should have applied for a PDO rezone in the beginning and all of this litigation could have been avoided. Council Member Elliott explained that the RPEHA felt that they could not get a fair hearing. She said that Mr. Golembeck's proposal was a good idea. Council Member Neal said he did not agree, the RPEHA violated the Zoning Ordinance. Mr. Golembeck explained that if the City Council directs Mr. Brixius to prepare a proposal and the RPEHA applies for a PDO and goes through the process, the City Council would agree to the proposal. The provisions of the proposal would be recorded on each of the parcels in the Reshanau Parks Estates subdivision. The recording will insure that all future owners of the outlots are aware of the restrictions on the two (2) outlots. Council Member Elliott asked if the matter is settled as Mr. Golembeck's suggests, and later there is a violation of the settlement agreement, who prosecutes the violators. It was explained that the Police Department would issue tickets and the matter would go to court. Mr. Schumacher asked if the City submitted a proposal with PAGE 4 CLOSED CITY COUNCIL MEETING JULY 25, 1994 restrictions and the RPEHA turns down the proposal, will this help the City in the court proceedings? Mr. Sullivan said he felt it would help with the judge, but may not impress a jury. Mayor Reinert said he felt it is unfortunate that he and Mr. Bergeson live on the lake. If the City Council follows through with Mr. Golembeck's proposal, it will appear that the matter is being handled behind closed doors and the people who are most impacted will feel slighted. Council Member Elliott felt the City Council should go forward with Mr. Golembeck's proposal and take the matter to the Planning and Zoning Board and go through the public hearing process. The people who are impacted can give input into the matter at that time. Council Member Bergeson said, suppose that the City Council proceeds with Mr. Golembeck's proposal and during the public hearing, pressure is exerted by the residents around the lake. Mr. Golembeck said that the City Council should act on what is right, not necessarily what the those residents want. Mayor Reinert asked if the City ordinances have been violated by the RPEHA. Mr. Sullivan said yes. Mr. Golembeck explained the issue is accessory use versus primary use. Mayor Reinert asked if it is the advice of the attorney to draft something that violates the Zoning Ordinance. Mr. Golembeck said no, the RPEHA must apply for a PDO zoning and the restrictions would be included in the zoning. Council Member Elliott felt if the City Council did not go through this process, the judge may not make the RPEHA go through the process but just grant them full use of the lots without restrictions. Council Member Bergeson asked if the City Council could require that the RPEHA discontinue the violations before the City Council considers a proposal? Mr. Schumacher noted that making the RPEHA take out the boat launch and restore the outlots to the original condition would mean that both parties would be starting on an even plain. Mr. Sullivan said that this suggestion could be considered. It was generally agreed that the Council would direct Mr. Brixius to prepare a proposal to the RPEHA that would contain all the restrictions that the City would want imposed when granting a PDO zoning. The RPEHA would have to apply for the PDO rezoning and go through the normal process outlined in the Zoning Ordinance. The City will also ask that the outlots be returned to their original condition prior to any negotiations regarding restrictions to be included in the PDO approval. The closed meeting adjourned at 6:47 P.M. PAGE 5 CLOSED CITY COUNCIL MEETING JULY 25, 1994 These minutes were considered, corrected and approved at a regular meeting of the City Council on June 12, 1995, 1994. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 6 CLOSED CITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES AUGUST 22, 1994 TE : August 22x;1994. -*STAR MBERS PRESENT • . jnert, Neatl, Kuether, Elliott, MBERS ABSENT Nome..... Staff members present: Consulting Planner, Al Brixius; City Attorney, Bill Hawkins; Assistant to the City Administrator, Dan Tesch and Clerk -Treasurer Marilyn Anderson. Jim Golembeck from the League of Minnesota Insurance Trust was also present. The purpose of the closed session was to discuss a proposal for settlement of the Reshanau Park Estates Homeowners Association (RPEHA) litigation. Mr. Hawkins gave a brief background on this matter. A jury trial had been scheduled for August 15, 1994. However, the RPEHA had presented a proposal for settlement. The City Council met in a closed session on July 25, 1994 and directed the Consulting Planner, City Attorney and the City Administrator to prepare a counter proposal to the RPEHA proposal. Mr. Hawkins asked Mr. Brixius to outline the counter proposal. Mr. Brixius explained that he did meet with Mr. Hawkins and Mr. Schumacher and discussed whether the City should go through the process of granting a PDO for use of the outlots. If the City were to propose that the RPEHA apply for a rezone to PDO and such an application were made, the City would have to follow all ordinance requirements including: holding a public hearing (it probably would be a large audience), publishing notices in the official newspaper and directing the process through the Planning and Zoning Board. A public hearing could be controversial and the City Council would have to agree in advance that they would look favorably at granting a PDO. Mayor Reinert noted that originally the RPEHA was directed to apply for a PDO and they withdrew the application before the City Council could take action. PAGE 1 CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 Mr. Brixius continued by saying that if a PDO rezone was approved by the City Council the public would expect the City to enforce all of the rules outlined in the PDO such as user rules. This could be a real issue if the City is not prepared to enforce the rules. Mr. Brixius asked the City Council if they really wanted to pursue a settlement agreement. Mr. Brixius also noted that if the matter goes to trial and the RPEHA wins, the judge may order the City to give approval of use of the outlots. If this happens the City Council cannot be held responsible for enforcing rules and regulations regarding the use of the outlots. There would be no precedent set as far as the use of the lots is concerned. Other owners of similar property will not be able to come before the City Council and demand the same use for their lots because the City did not grant such use of the RPEHA's lots. Mr. Brixius outlined settlement terms that could be offered to the RPEHA. He noted that a new house has been constructed on a lot adjacent to the access to the outlots. This may help in monitoring the use of the outlots. There was also discussion regarding monitoring the use of the outlots. It was noted that the penalty for abusing the use would be revocation of the PDO zoning. Mr. Golembeck explained the City will use a defense that the RPEHA did not go through the PDO process. Mr. Golembeck said that the RPEHA will argue that to do so would have been futile. He also said that someone here had mentioned that if the City were to approve a PDO, a precedence will be set. Mr. Golembeck said that even if the court rules that the RPEHA can use the outlots as they have requested (and the City does not give approval) a precedence will be set. Mr. Brixius continued by outlining conditions that would be placed on the PDO. Mayor Reinert said that this would be an administrative nightmare. He asked if it would be more appropriate to ask the RPEHA to apply for a Conditional Use Permit. Mr. Brixius explained that the current ordinance does not address this type of use and so the ordinance would have to be amended. The only mechanism the City has to control the use of the outlots is by approving a PDO. Mr. Hawkins told the City Council that normally a person or organization must exhaust all remedies before they start legal action. In this case the RPEHA is claiming that it would have been futile for them to make application. Mayor Reinert asked if the RPEHA broke the law when they started using the outlots. Mr. Golembeck said that he explained that situation at the last meeting. He felt that the outlots must be rezoned so that they PAGE 2 CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 can be used for recreational purposes. The RPEHA must apply for a PDO rezone and go through the process. Council Member Kuether said that the RPEHA claims that they do not need a permit to use the outlots for recreational purposes. Mr. Golembeck said that the City will let them use the outlots if they go through the process. However, the Council must be on record saying that they will look positively at the request. This would not be a guarantee. Council Member Bergeson noted that the last time the City Council talked to Mr. Golembeck about this matter, they were told that the City may not "fare" well in court. Mr. Hawkins said his opinion is still the same, the RPEHA broke the law. However, since he issued that opinion, Mr. John Miller, former City Planner has been deposed and has said that the boat launch and recreational use of the outlots was suppose to be a part of the final plat approval. Also, the boat launch was dismantled by several people and some of these persons were members of City boards. This will go against the City during the trial. Mr. Hawkins said he still feels the City has a good chance of winning in a court trial. Mr. Golembeck is involved in this matter because there is a claim against the City for damages. However, nobody is trying to push a settlement option onto the City Council. Mayor Reinert explained that the City has always offered to go through the process. The chairman of the Planning and Zoning Board would agree to step down during the consideration at the Planning and Zoning Board level. Mayor Reinert said he felt that this may become a "war" and there will be more hard feelings. Mr. Hawkins said that the City Council will have to explain to other residents on the lake that this has to be brought to a conclusion and a negotiated settlement appears the most appropriate. Mr. Brixius suggested a series of meetings with other residents to let them know what the City Council plans to offer to the RPEHA. He also suggested meeting with the Planning and Zoning Board to let them know the City is initiating this action. They should know that if the City does not act positively, the court may order the City to allow the RPEHA to use the outlots as they wish without any restrictions. Mayor Reinert said he would love to see the matter solved peacefully but felt that there would be animosity. Mr. Brixius explained that if the City Council did not feel comfortable with his suggestion, they should not pursue a negotiated settlement. Council Member Bergeson said that if there are negotiations, the PAGE 3 CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 RPEHA must first get into compliance by removing all the facilities that are currently on the outlots. Mr. Hawkins said that he will let the attorney for the RPEHA know about this stipulation. Mr. Brixius noted a couple of issues; who is going to distinguish between a boat that is owned by RPEHA member or a guest. Several suggestions were offered but none approved. Mr. Hawkins asked what type of use of the lake has the RPEHA had this summer? Mayor Reinert said it would be difficult to tell however, the use has increased. Mr. Golembeck asked if the City Council were to negotiate a settlement, how many boats would they like to see on the lake. Council Member Bergeson suggested that Mr. Golembeck and Mr. Hawkins establish this figure. Mr. Hawkins asked if the City Council wanted him and Mr. Brixius to start the negotiating process and set up neighborhood meetings? Mayor Reinert said yes, and soon, to show the neighbors that the City Council is concerned about the use of the lake. Mr. Golembeck asked if the conditions outlined by Mr. Brixius should remain the same. Mayor Reinert said yes. Mr. Brixius said that it should be explained at the neighborhood meetings that if problems still persist, the matter will go to trial. Mr. Hawkins said that once the neighborhood meetings have been set, the Council should be very adamant in showing that they are behind what is happening and that any agreement must include some lake usage. Mayor Reinert said he felt, in the interest of the lake, everyone around the lake should become a member of the group that looks at pollution, wake, and other matters concerning protecting the lake. Mr. Brixius said that once the neighborhood meetings have begun, and if it is determined that there will be no agreement, then everyone should be made aware that the matter will go to court and there is no guarantee what will happen. Council Member Bergeson also suggested that a closed meeting be held with the Planning and Zoning Board to let them know what the situation is. Mayor Reinert asked if all City Council members agreed with what is being proposed. Council Member Neal said he felt the matter should go to court. Council Member Kuether felt that would be to costly. Mr. Hawkins told Council Member Neal that the City has a better chance of negotiating an acceptable solution. The meeting adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a PAGE 4 CLOSED CITY COUNCIL MEETING AUGUST 22, 1994 regular meeting of the City Council on June 12, 1995. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 5 CLOSED COUNCIL SESSION CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 21, 1994 Staff members present: City Administrator, Randy Schumacher; Consulting Planner, Al Brixius; City Attorney, Bill Hawkins; Jim Golembeck, Attorney from the League of Minnesota Insurance Trust and Clerk -Treasurer Marilyn Anderson. The purpose of the closed session was to discuss a proposed settlement with the Reshanau Park Estates Homeowner's Association (RPEHA). Mr. Schumacher noted that staff had been directed to meet with some residents on Reshanau Lake and give them the status of the litigation and get feedback for the City Council. George Lindy and Pat Smith met with Mr. Brixius, Mr. Hawkins and Mr. Schumacher last week. The proposal for a settlement was explained to Mr. Smith and Mr. Lindy. The advantages and disadvantages of the proposal were discussed and issues were outlined. Mr. Lindy then met with seven (7) or eight (8) other lake residents and presented the settlement proposal to them. The result was that the lake residents said that they feel that the City Council is "letting them down". They thought the majority of the court work was completed so why settle now. Mr. Hawkins said in his opinion the case can be settled on the terms that were discussed at the last closed Council session. His impression of the lake residents is that they do not care if there is a boat launch on the outlots. It is no longer a boat launch issue but a personality issue. Two (2) groups of lake residents are fighting and the developer is covering the cost for one group and the City is covering the cost for the other group. Mr. Hawkins said that Mr. Lindy told the lake residents the City's side of the issue and the residents response was, "the City is selling us out". Mr. Brixius explained that the lake residents perceive that the PAGE 1 CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 RPEHA violated the City ordinances and now the City is going to "buckle under". Emotions are running high. Mayor Reinert asked if anyone had talked to the RPEHA representatives. Mr. Hawkins said no, only their attorney. Mayor Reinert said it is his opinion that a violation occurred. He asked if the boat launch could be removed and then proceed from that point. Mr. Brixius said he felt that the RPEHA would remove the boat launch, however, if they do, they will expect good faith from the City Council. Mr. Hawkins said that the boat launch is no longer an issue with the lake residents. However, if the RPEHA is willing to remove the boat launch, they will want some assurance that they can launch boats on a limited basis. Council Member Bergeson said it appeared to him that the RPEHA wants assurance from the City Council that they will have usage of the outlots including the boat launch. Mr. Hawkins explained that staff must submit a response to the RPEHA's original proposal and that the response must included a boat launch. Mr. Hawkins explained that a closed Planning and Zoning Board meeting has been scheduled for Friday, September 23, 1994 to review the proposed settlement agreement. He explained that the litigation can be settled but there will be a public outcry. Mr. Hawkins also noted that when he met with Mr. Smith and Mr. Lindy, they proposed that when the matter goes before the Planning and Zoning Board and the City Council, conditions be set such as; 1) the boat launch has to be removed, 2) Mr. Schaps cannot participate in the Planning and Zoning process but will be able to sit in the audience, 3) Kerry Ostergren cannot participate in the process, and 4) the City Council must "live by" the Planning and Zoning Board recommendation. Mayor Reinert said he understood condition No. 3 but recommended that all of the other radical persons on both sides of the issue should also be excluded from the process. Council Member Elliott said that if the City Council can save tax payers dollars by participating in a settlement, then the City Council should be able to "take the heat" during the public portion of the process. Council Member Kuether said she did not like her tax dollars paying for this issue. Council Member Bergeson asked how much it would cost to go to court. Mr. Golembeck explained approximately $12,000.00. Mayor Reinert asked how should the City deal with the violation. Mr. Brixius explained that the City has dealt with it, an injunction was requested although it was denied. Mr. Hawkins PAGE 2 CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 explained that the City started action and now the City must come up with a reasonable solution as to what is the best use of the property. Mayor Reinert said that the City has been in court because of other ordinance violations. Council Member Kuether said the City has also negotiated other violation disputes. Mayor Reinert asked how the ordinance violation could be corrected. Mr. Golembeck explained that the matter can be corrected by having the RPEHA apply for a PDO zoning for the outlots. Mayor Reinert said that if the City Council says "OK you have violated the City Code but we will allow you to correct the violation by applying for a PDO", it would open the door for other property owners to violate the law and then ask the City Council to accommodate them. Mr. Hawkins explained that the City must allow some reasonable use of the outlots. They are not buildable and the RPEHA request is a reasonable use. Mr. Hawkins said that on the surface it may appear that the City is capitulating, however that is only a perception. Council Member Elliott said she felt that the City is enforcing the City ordinances by requiring that the boat launch be removed prior to their request for a PDO. Council Member Kuether was concerned because this was not handled at the time the final plat was approved. Mr. Brixius gave a brief background on the final plat and read a portion of the minutes. Council Member Kuether noted that the City was given a copy of the association documents and asked if the boat launch was mentioned in those papers. Mr. Hawkins said he reviewed that document and explained what it contained. Council Member Bergeson said he felt that if the RPEHA removed the boat launch and would go through the process to get a PDO and the PDO is approved by the Planning and Zoning Board and the City Council, one group will be satisfied. However if the Planning and Zoning Board denies the PDO and the City Council is on record as saying they will abide by the Planning and Zoning Board recommendation, we will be in court. Mr. Hawkins explained that the RPEHA will not forego their court date. He said it does not make sense to go through the rezoning process if the boat launch will ultimately be denied. Council Member Bergeson noted that there is some talk that the RPEHA is out of energy and money. Mr. Golembeck said he talked to Mr. Gorowski this morning and the association has attempted to assess the members for legal costs. This action did not work, however, in January the RPEHA will have additional money. PAGE 3 CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 Council Member Kuether asked if the City asks the RPEHA to go through the process and the rezoning is denied, what does this say to the courts. Mr. Golembeck said that it probably will not have much of an effect. Council Member Bergeson asked what the City's chances are in court. Mr. Golembeck said that nobody knows. He explained that up to now, the judges have been very hard on the City and very sympathetic to the RPEHA. Mr. Golembeck noted that if the matter goes to court and the City loses, the judge could order that a permit be granted. He noted that win or lose, the City will be required to do something. Mr. Hawkins said that he would send the settlement proposal prepared by staff to the RPEHA tomorrow. If the proposal is approved, the matter could go to the Planning and Zoning Board in October for a public hearing and could come to the City Council at the end of October. The matter could be closed. Mr. Brixius explained that once the settlement proposal is released to the RPEHA, the document will become a public document. Mayor Reinert asked each Council Member to give their opinion regarding the settlement document. Council Member Kuether and Elliott said that the City should try to settle the matter. Council Member Bergeson said he was uncomfortable with the undefined term, "some assurance", and felt it could be misinterpreted. He said generally when something comes from the Planning and Zoning Board with a recommendation, a reason is needed to vote against the recommendation. Council Member Bergeson said that there should be a reason not to take the recommendation of the Planning and Zoning Board. Mayor Reinert noted that the Planning and Zoning Board is only a recommending body and they usually give reasons for their recommendations. He said he did not want to vote against the Planning and Zoning Board recommendations. Mayor Reinert felt that the PDO needed to be very explicit. Mr. Brixius said that it would include graphic illustrations, and a contract for development which will be recorded. It will also contain limited monitoring of the rules governing the use of the outlots. Again Mr. Hawkins explained that if the City Council cannot give some assurance that there will be a boat launch, the matter will go to trial. Mayor Reinert said he felt that the RPEHA will not approve the proposal for settlement prepared by staff. Mr. Brixius said he felt that there would be additional negotiation of the terms. Mayor Reinert asked Council Member Bergeson if he was satisfied that the City Council would approve the Planning and Zoning Boards PAGE 4 CLOSED COUNCIL SESSION SEPTEMBER 21, 1994 recommendation no matter what it is. Council Member Bergeson said yes, but they need to do their homework. Council Member Neal said he would not support a negotiated settlement. Mr. Hawkins will present the proposal to the RPEHA before it is presented to the Planning and Zoning Board. The meeting adjourned at 7:15 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 5 CLOSED COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES NOVEMBER 14, 1994 DATE November 14,.. 19!94 TIME TIME ENDED; : 6:30 P. . MEMBERS PRESENT: Reinert, Kuether, Elliot. MEMBER'S ABSENT.':: Neal Staff members present: City Attorney, Bill Hawkins; Attorney, Barry Sullivan; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. The purpose of the closed meeting was to discuss the Reshanau Park Estates Homeowner's Association (RPEHA) litigation. Mr. Sullivan explained that the matter has now gone to trial and the trial was completed last Thursday. The City asked that the matter be considered by the judge and not a jury. The judge agreed and a jury was not selected. The judge has given both parties in the litigation about a month to present additional briefs. The judge will then take about 90 days to issue his decision. Mr. Sullivan expected a decision about mid-March. Mr. Sullivan noted that the RPEHA called only two witnesses, Ms. Kerry Ostergren and Mr. John Miller, former Lino Lakes City Planner. Ms. Ostergren testified that the RPEHA has been damaged in the amount of $17,000.00. Mr. Sullivan noted that nobody understood her reasoning for this claim. Ms. Ostergren feels that there has been a decrease in value to all the homes in this subdivision. Mr. Sullivan explained that the most important issue is what is the legal status of the two (2) outlots. He also noted that the RPEHA did not call witnesses in regard to dismantling the boat launch. Mr. Miller testified that everyone knew that homes could not be built on the outlots. Mr. Uhde also testified on behalf of the PAGE 1 CLOSED COUNCIL MEETING NOVEMBER 14, 1994 RPEHA. Mr. Sullivan felt that the property was zoned residential and the judge will decide for the City. He also explained that the judge may be sympathetic to the RPEHA because Mr. Miller told them that they could use the lots for recreational purposes. Mr. Schumacher outlined Mr. Miller's and Ms. Ostergren's testimony. Mr. Sullivan noted that the judge was dismayed that a Planning and Zoning Board member was involved in the dismantling of the boat launch but there was no evidence proving that his action was authorized by the City. Mayor Reinert was asked if the City condoned the action of the P & Z Board member. Mayor Reinert said no. Mr. Sullivan explained that evidence was provided that the City ordered the Police Department to tape off the outlots and keep everyone off of the property. He noted that this was not a good move on the part of the City. Council Member Bergeson noted that the Building Inspector should have placed a "reg tag" on the property. Mayor Reinert asked if it appears that the RPEHA will continue pursuing their issue beyond the trial. Mr. Sullivan explained that it appears that they are not looking for money but use of the outlots. He felt sure that they would appeal the judge's decision if the City wins. Mr. Hawkins explained that if the City wins in court, the problem will not be solved. The RPEHA will come before the City Council requesting a PDO zoning and then the entire review process will start again. The City still must allow some type of use on the outlots. Mayor Reinert felt that if the City wins, the RPEHA will have a different view and maybe different leadership. Mr. Sullivan noted that they still will look for access. Council Member Bergeson asked what would happen if the RPEHA loses and does not remove the boat launch. Mr. Sullivan noted that they could appeal the decision and the boat launch could remain until the appeal is decided. Mr. Sullivan explained that the judge believes that the issue must be settled. Mr. Schumacher asked legally, where does the boat launch stand. Mr. Sullivan explained that the City pursued an injunction and it was denied. The RPEHA can use the boat launch. Council Member Bergeson asked if the City loses, will the City PAGE 2 CLOSED COUNCIL MEETING NOVEMBER 14, 1994 appeal. Mr. Sullivan said he would rather wait and see how the judge rules and why he ruled in a particular manner. Mr. Hawkins explained that the judges decision would be brought to the City Council and then the City would have to make a decision as to whether or not to appeal. Council Member Kuether felt that if the City loses the case in court, it would seem useless to appeal the decision. Mr. Hawkins said that legally the City is correct. The question will be, did the City give the RPEHA the right to use the outlots when the plat was approved. The meeting was adjourned at 6:30 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3 COUNCIL CLOSED SESSION CITY OF LINO LAKES COUNCIL MINUTES APRIL 5, 1995 Staff members present: City Attorneys, Bill Hawkins and Barry Sullivan; Consulting City Engineer, John Powell, Consulting Planner, Al Brixius; City Administrator, Randy Schumacher; Clerk - Treasurer Marilyn Anderson and League of Minnesota Attorney, Jim Golembeck. The purpose of the closed meeting was to discuss Judges Bearse's decision regarding the Reshanau Park Estates Homeowner's Association (RPEHA) lawsuit against the City of Lino Lakes. The City Council had previously received the written decision of the Judge Bearse in this matter. Mr. Hawkins briefly reviewed the decision noting that Judge Bearse had ruled on several issues. Mr. Hawkins briefly gave the background on this matter and noted that the central issue is the boat launch. Judge Bearse has ruled that the boat launch is permissible and that the City will not be responsible for legal expenses of the RPEHA. Both parties in the matter will pay their own expenses. Judge Bearse also concluded that the City approved the use of the outlots for recreational purposes at the time that the plat was approved. Mr. Hawkins said that he respectfully disagreed with Judge Bearse and felt the City had a good case. Mr. Golembeck explained that he has talked to the RPEHA attorney regarding the decision. They are aware that Judge Bearse has ruled that they can use the outlots as they have been using them including the use of a boat launch. They are also aware that they cannot increase the use of the outlots. Mr. Golembeck explained that the City does have the right to PAGE 1 COUNCIL CLOSED SESSION APRIL 5, 1995 appeal Judge Bearses decision. He felt that Judge Bearse's findings are extensive and thoughtful. Judge Bearse took this action in an effort to avoid an appeal and recommended that the City Council not appeal the matter. Council Member Kuether asked if the Judge felt that since the City has approved the bylaws of the RPEHA, the City was in effect approving the use of the outlots. Mr. Hawkins noted that there was nothing in the bylaws stating that there would be a boat launch on the outlots. However the Judge took all the information provided during the hearings and felt that it was understood that the lots would be used for recreational purposes. Mr. Hawkins felt that the Judge interpreted the word "recreation" very broadly. Mayor Reinert said he did not understand Judge Bearse's decision regarding the zoning of the outlots. Mr. Golembeck explained that he allowed the uses that were already happening on the outlots. Mr. Golembeck felt that Judge Bearse did this so that the City would not be sued for a "taking". Mr. Sullivan felt that the handling of the plat (Reshanau Park Estates) by staff as it proceeded through Council was a concern. The City allowed the plat to be approved with too many "loose ends". Mr. Brixius explained that adoption of the new Shoreland Management Ordinance will go a long way to prevent this from happening again. Mayor Reinert asked why it took so long for the Council to get a copy of Judge Bearse's findings. Mr. Hawkins explained that he received the material in his mail on Monday (April 3, 1995) and faxed a copy to Mr. Schumacher within 30 minutes. Mr. Hawkins noted that the decision apparently was made public on Friday, however his office was not notified until Monday. Council Member Bergeson felt that the City Council needed to project a clear position regarding why there will be no appeal of the matter. Mr. Sullivan explained that if the City Council appeals the decision, the City must demonstrate that clearly something is legally wrong with the decision. He also explained that if the City appeals any part of the decision, the RPEHA will probably appeal issues that the City won. Council Member Kuether asked approximately, what would it cost to appeal the decision. Mr. Golembeck said about $8,000.00 to $10,000.00. Mr. Sullivan explained that Judge Bearse knew that the case had the potential for appeal and drafted his findings to avoid an appeal. Mayor Reinert said he felt that some personal issues have not been settled and asked if there was something that the City PAGE 2 COUNCIL CLOSED SESSION APRIL 5, 1995 Council could do to try to bring all factions together. No answer to this question was voiced. Mr. Brixius noted that the decision addresses the uses on the outlots today. He asked how the City would handle a request for future improvements and how could the City document what uses the RPEHA has at this time. Mr. Golembeck explained that current uses are limited to what is already occurring and if the RPEHA wishes to increase the use, they must follow current procedures. Mr. Schumacher explained that the press has already talked to the RPEHA and requested an official statement from the City. Mr. Golembeck was directed to prepare a statement acknowledging the court decision and based on advice by the City Attorney, the City will not appeal the decision. The closed meeting adjourned at 5:40 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3 CITY COUNCIL CLOSED SESSION CITY OF LINO LAKES COUNCIL MINUTES MARCH 8, 1993 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider and Clerk -Treasurer, Marilyn Anderson. The purpose of the meeting was to update the City Council regarding several pending matters of litigation. BRAD RACUTT Mr. Hawkins briefly outlined the reason the legal action was started against Mr. Racutt. Recently Mr. Racutt visited the City offices and demanded entry to the City Engineer's office and also demanded copies of certain documents. Mr. Racutt was told that he was to request information through his attorney. Mr. Racutts attorney, Mr. Fritz Knaak then filed an action against the City contending that Mr. Racutts civil rights were violated and asked the court to compel the City to vacate an easement on the Racutt property. The legal action is also requesting a dollar amount in excess of $50,000.00. This action will be handled by the Citys insurance company. The City must respond and file a brief. In the interim, the City is continuing with the original action against Mr. Racutt to get the septic system repaired and to correct the excess dirt fill problem. Mr. Racutt called the Building Inspector last week to say that he wanted to bring in the new septic tank and put it in the back yard before road restrictions are posted. The Building Inspector referred the matter to Mr. Hawkins. Since the Rice Creek Watershed District (RCWD) is now involved in the matter of the drainage easement, this must be resolved before Mr. Racutt can bring anything further onto his property. PAGE 1 CITY COUNCIL CLOSED SESSION MARCH 8, 1993 Council Member Kuether explained that both Mr. and Mrs. Racutt have always contended that they have completed certain improvements to their property with the approval of the Building Official. They have repeatedly asked that everything be put in writing and the Building Official has refused to do so. Mr. Hawkins contacted the court regarding the latest legal action against the City by the Racutt's and found that it has not been properly recorded with the court. He noted that if this is a "bluff" action, he will file a request with the court for reimbursement of all City expenses in the matter. ARCON CONSTRUCTION Mr. Hawkins gave a brief background on this matter. Trial is set for June or July. This is a complex matter which is being handled by Mr. John Burke. Because of its complexity, an attorney with an engineering background is needed for consultation. If Arcon Construction prevails, this lawsuit will have ramifications statewide. Arcon is contending that because there was an unusual amount of rainfall during that particular construction season (an act of God), Arcon should be given additional compensation. Arcon is contending that there was an unforseen change of conditions and is entitled to the additional compensation. If the jury awards in favor of the City, Arcon will appeal. If the jury awards in favor of Arcon the City will appeal. The League of Minnesota Cities may file an amicus pleading if the City loses. If Arcon wins, all Minnesota municipalities could be affected. Another Arcon Construction legal claim involves the improvement of Brandywood Estates. Mr. Burke and Mr. Schneider feel that SEH has some responsibility in this matter and SEH has agreed to fund $10,000.00 of the claim. A proposal for a settlement in the amount of $30,000.00 was submitted to Arcon Construction. They have not responded. OAK BROOK PENINSULA Mr. Hawkins explained that a closing was held on the property this day, March 8th. All documents were signed and recorded. DENNIS MEGAN LITIGATION The City brought action against Mr. Wegan because he was operating a construction business from his residence. The property is zoned Rural. Mr. Wegan was ordered by the court to remove all construction equipment from his property by a particular date. Mr. Wegan did not comply with the court order PAGE 2 CITY COUNCIL CLOSED SESSION MARCH 8, 1993 and an another order to show cause was drafted. It has been determined that all construction equipment has been removed, however, there is some snow plowing equipment on the property. Another hearing is scheduled on the matter. The meeting was adjourn at 6:28 P.M. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on June 12, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 3 MAY 31, 1995 DISBURSEMENT LIST MAYOR/COUNCIL DULUTH CONVENTION CENTER (REGISTRATION) NELSON'S CHEESE AND DELI (TEAM BLDG) TOTAL PLANNING/ENGINEERING CITY OF MINNETRISTA (SEMINAR) TOTAL TOTALS $393.75 $93.52 $487.27 $25.00 $25.00 $512.27 SUMMARY SHEET BY DEPARTMENT CATHY WYLAND (NEWSLETTER) ECONOMIC DEVELOPMENT ADMINISTRATION SOLID WASTE PARK RECREATION TOTAL GRAND DISBURSEMENT TOTAL $52.94 $211.67 $52.94 $158.82 $158.82 $635.19 $1,147.46 DISBURSEMENT LIST JUNE 12, 1995 Page: 1 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount 1994 CONSTRUCTION FUNn * T.K.D.A.(MUN ENGINEER/HIGHWAY 49/LK) * T.K.D.A.(MUN ENGINEER/COUNTRY LK EST) * T.K.D.A.(MUN ENGINEER/HODGSON ROAD) 1995 CONSTRUCTION 1,305.38 8,372.03 2,372.73 Total for Department 12,050.14 Total for Fund 12,050.14 * T.K.D.A.(MUN ENGINEER/WOODS OF B II) 6,136.66 Total for Department 6,136.66 Total for Fund 6,136.66 APOLLO BUSINESS PARK FUND * T.K.D.A.(MUN ENGINEER/APOLLO BUS PARK) 504.86 Total for Department 504.86 Total for Fund 504.86 APOLLO DRIVE CONSTRUCTION FUND * T.K.D.A.(MUN ENGINEER/APOLLO DRIVE) 2,028.10 Total for Department 2,028.10 Total for Fund 2,028.10 AREA AND UNIT CHARGE * ECM PUBLISHERS, INC(PRINTING SERVICE/WELL #3) 23.20 * PRESS PUBLICATIONS, INC.(PRINTING SERVICE/WELL #3) 21.25 * PRESS PUBLICATIONS, INC.(PRINTING SERVICE/BLACK DUCK) 85.00 * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/WELL #3) 7,488.00 * T.K.D.A.(MUN ENGINEER/AREA & UNIT) 1,176.09 * T.K.D.A.(MUN ENGINEER/A & U WELL #3) 308.97 * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) 1,651.43 Total for Department 10,753.94 Total for Fund 10,753.94 Page: 2 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount CAPITAL IMPROVEMENTS PROJECTS ADMINISTRATION AMERICABLE(SUPPLIES) SMITH MICRO TECHNOLOGIES, INC.(MICROSOFT SOFTWARE) 127.23 12,065.39 Total for Department 12,192.62 FINANCE * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) Total for Department CLOSED BOND FUND CONSULTANTS 1,284.45 1,284.45 Total for Fund 13,477.07 TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) 2,201.91 Total for Department 2,201.91 Total for Fund 2,201.91 COMMUNITY DEVELOPEMENT BLOCK GRANT COMMUNITY EMERGENCY ASSISTANCE(COMM EMERG ASSIST PROGRAM) * SHORT-ELLIOTT-HENDRICKSON, INC(MUNICIPAL ENGINEER/CDBG) * T.K.D.A.(MUN ENGINEER/CDBG) CONTRACTORS DEPOSITS 500.00 644.51 664.27 Total for Department 1,808.78 Total for Fund 1,808.78 * BRAUER & ASSOCIATES, LTD.(BEHMS CENTURY FARMS) * ECM PUBLISHERS, INC(PRINTING SERVICE/CLEARWATER) * EXPRESS MESSENGER, INC.(MESSENGER SERV/SR. COTTAGE) HOLMES AND GRAVEN(SERVICE/NOL-TEC) HOLMES AND GRAVEN(SERVICE/MAG-CON) 75.00 23.20 10.58 2,310.73 936.00 Page: 3 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Vendor Company (Entry Description) HOLMES AND GRAVEN(SERVICE/BLUE HERON LTD.) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE/BEHMS FARMS) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE/SENIOR COTT) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE/NOL-TEC) SCHULTE, DAVID(RETURN UNUSED ESCROW) * T.K.D.A.(MUN ENGINEER/MARSHAN T HOMES) * T.K.D.A.(MUNICIPAL ENGINEER/PINERIDGE) * T.K.D.A.(MUN ENGINEER/NOL-TEC) * T.K.D.A.(MUN ENGINEER/QUAIL RIDGE) * T.K.D.A.(MUN ENGINEER/SENIOR COTTAGES) * T.K.D.A.(MUN ENGINEER/TRAPPERS CROSS) * T.K.D.A.(MUNICIPAL ENGINEER/PHEASANT) * T.K.D.A.(MUN ENGINEER/CLEARWATER CK) * T.K.D.A.(MUN ENGINEER/BEHM'S C FARMS) * T.K.D.A.(MUN ENGINEER/OAKS OF LINO) * T.K.D.A.(MUN ENGINEER/WENZEL FARMS) * T.K.D.A.(MUN ENGINEER/FOX TRACE) * T.K.D.A.(MUN ENGINEER/GENERAL ESCROW) UHDE, GARY(REIMBURSE ESCROW/APOLLO MEAD) DEDICATED PARKS * BRAUER & OSM, INC. Invoice Total for Department ASSOCIATES, LTD.(BRANDYWOOD PARK) (DEDICATED PARKS/RICE LAKE ES) Total GENERAL ADMINISTRATION Total for Fund for Department Total for Fund * ECM PUBLISHERS, INC(PRINTING SERVICE) * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) * FORTIS BENEFITS, INC.(INSURANCE) MN. CITY/CNTY MANAGE ASSN(DUES) * NYSTROM PUBLISHING COMPALNY, I(NEWSLETTER) OFFICEMAX(SUPPLIES) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) S & T OFFICE PRODUCTS, INC.(SUPPLIES) ST. PAUL PIONEER PRESS(SUBSCRIPTION (52 WEEKS)) STAR TRIBUNE(SUBSCRIPTION (52 WEEKS)) Total for Amount 26.00 53.12 10.63 37.19 1,114.74 905.42 493.46 188.82 160.49 1,088.23 778.43 635.95 573.28 990.41 299.13 220.37 183.70 4,143.89 6,386.93 21,645.70 21,645.70 150.00 837.56 987.56 987.56 11.60 91.20 47.20 60.00 1,270.56 103.55 90.32 138.46 78.00 96.20 Department 1,987.09 Page: 4 Date: 06/09/95 City, of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount BUILDING INSPECTIONS * FORTIS BENEFITS, INC.(INSURANCE) 20.80 * MEDICA(INSURANCE) 216.25 Total for Department 237.05 CHARTER COMMISSION * ECM PUBLISHERS, INC(PRINTING SERVICE) 11.60 * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) 26.38 Total for Department 37.98 CONSULTANTS * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) Total for Department ANOKA COUNTY(REIMBURSE FALSE ALARM FEE) * MEDICA(INSURANCE - FLEX) * METRO COUNCIL WASTEWATER SERVI(MAY SAC) * METRO COUNCIL WASTEWATER SERVI(MAY SAC) MN. TEAMSTERS(WITHHOLDING) ECONOMIC DEVELOPEMENT 10,827.41 10,827.41 100.00 561.10 6,800.00 -68.00 304.00 Total for Department 7,697.10 * FORTIS BENEFITS, INC.(INSURANCE) 26.40 LAFOREST, MARY(MEALS/FILM/MILEAGE) 26.25 LAFOREST, MARY(SUPPLIES) 11.64 LAFOREST, MARY(3RD QTR BANNER CONTRACT) 300.00 * MEDICA(INSURANCE) 216.25 * NYSTROM PUBLISHING COMPALNY, I(NEWSLETTER) 317.69 * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) 8.50 WESSEL, BRIAN(PARKING/MEALS) 187.41 FINANCE * FORTIS BENEFITS, INC.(INSURANCE) FUNDWORKS(TECHNICAL SERVICE) * MEDICA(INSURANCE) Total for Department 1,094.14 34.00 175.00 437.00 Total for Department 646.00 Page: 5 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice FIRE DEPARTMENT (Entry Description) * FORTIS BENEFITS, INC.(INSURANCE) FLEET MANAGEMENT Amount 13.20 Total for Department 13.20 BOYER TRUCKS, INC.(PARTS) 340.34 * BUMPER TO BUMPER, INC.(PARTS) 969.35 CERTIFIED AUTO RECYCLERS, INC.(PARTS) 50.00 CRYSTEEL DIST., INC.(PARTS) 456.91 FLAIL-MASTER(PARTS) 210.12 FOREST LAKE FORD, INC.(PARTS) 216.25 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 GILLUND ENTERPRISES, INC.(PARTS) 98.67 GOA COMPANY, INC.(PARTS) 214.47 J -CRAFT, INC.(PARTS) 30.92 J. C. AUTO SUPPLY, INC.(PARTS) 1.11 LAKESIDE AUTO & PAINT(PARTS) 212.16 MANTEK(PARTS) 905.48 * MEDICA(INSURANCE) 216.25 * MIDWEST MACHINERY, INC.(PARTS) 20.47 MN. DEPT OF PUBLIC SAFETY(VEHICLE REGISTRATION) 49.50 SAFELITE AUTOGLASS CORPORATION(PARTS) 344.17 THANE HAWKINS POLAR CHEVROLET,(PARTS) 48.08 TRACY FUELS, INC.(FUEL) 1,766.78 * VIKING SAFETY PRODUCTS, INC.(SMALL TOOLS) 138.87 * WINNICK SUPPLY, INC.(SUPPLIES) 14.64 ZARNOTH BRUSH WORKS, INC.(PARTS) 576.70 FORESTRY DEPARTMENT * FORTIS BENEFITS, INC.(INSURANCE) HOFFMAN, MICHAEL(UNIFORM ALLOWANCE) * PREMIERE VIDEO & PHOTO(SUPPLIES) GOVERNMENT BUILDINGS Total for Department 6,888.84 7.60 72.48 25.77 Total for Department 105.85 * ANOKA ELECTRIC, INC.(MONTHLY SERVICE) 1,078.77 * BEST LOCK SYSTEMS OF MN, INC.(LOCKS KEYED) 371.90 BROWNING -FERRIS INDUSTRIES, IN(MONTHLY SERVICE) 155.84 BRUDER, DAVID(UNIFORM ALLOWANCE) 91.92 DALCO, INC.(SUPPLIES) 481.16 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 GATEWAY AGG, INC.(SUPPLIES) 80.63 * GLENWOOD INGLEWOOD, INC.(MONTHLY SERVICE) 52.58 INTERIOR COMM SYSTEM, INC.(TRIP CHARGE/TELRAD SYSTEM) 336.00 INTL OFFICE SYSTEMS(MAINTENANCE/METER CHARGES) 721.08 * MEDICA(INSURANCE) 216.25 METAL CRAFT ID PLATES & LABELS(SUPPLIES) 1,162.93 Page: 6 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) 235.79 PITNEY BOWES, INC.(MACHINE RENTAL/USAGE) 247.27 PLUNKETT'S, INC.(MONTHLY SERVICE) 82.22 PLUNKETT'S, INC.(MONTHLY SERVICE) 27.16 SUNSHINE LIGHTING COMPANY, INC(SUPPLIES) 143.77 Total for Department 5,492.87 PARKS DEPARTMENT * A & L SUPERIOR SOD CO,INC(SUPPLIES) * A T & T WIRELESS SERVICE(MONTHLY SERVICE) AUTO-MEDICS(TOWING SERVICE) * BEST LOCK SYSTEMS OF MN, INC.(LOCKS KEYED) * BUMPER TO BUMPER, INC.(PARTS) * CIRCLE PINES POST OFFICE(STAMPS) CIRCLE PINES, CITY OF(MONTHLY SERVICE) CUSHMAN MOTOR VEHICLES, INC.(LINE MARKER) * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) * EXPRESS MESSENGER, INC.(MESSENGER SERVICE) * FORTIS BENEFITS, INC.(INSURANCE) HUGO FEED MILL & ELEVATOR(SUPPLIES) * JOHN'S BLACK DIRT(SUPPLIES) * MENARDS, INC.(SUPPLIES) * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) MN. WANNER COMPANY(PARTS) MTI DISTIBUTING, INC.(SUPPLIES) NORTHWAY SPTS & GARDEN, INC.(SUPPLIES) * NYSTROM PUBLISHING COMPALNY, I(NEWSLETTER) OLSEN CHAIN/CABLE CO., INC.(SUPPLIES) * PREMIERE VIDEO & PHOTO(SUPPLIES) * PREMIERE VIDEO & PHOTO(SUPPLIES) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) US WEST COMMUNICATIONS(MONTHLY SERVICE) * VIKING SAFETY PRODUCTS, INC.(SMALL TOOLS) * WINNICK SUPPLY, INC.(SUPPLIES) 186.38 5.32 80.00 54.68 19.00 32.00 70.73 1,591.11 1.99 31.58 36.00 26.52 77.21 70.58 9.12 24.47 6.68 37.33 952.92 177.75 7.88 10.65 32.40 113.45 22.49 37.98 Total for Department 3,716.22 PLANNING AND ZONING BOARD TIMESAVER OFF-SITE SECRETARIAL(OFFSITE SECRETARIAL SERVICE) Total for Department PLANNING DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * FORTIS BENEFITS, INC.(INSURANCE) * MEDICA(INSURANCE) * SHORT-ELLIOTT-HENDRICKSON, INC(MUNICIPAL ENGINEER) * T.K.D.A.(MUNICIPAL ENGINEER) 267.00 267.00 5.32 34.00 541.25 165.00 9,354.92 Total for Department 10,100.49 Page: 7 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount POLICE DEPARTMENT A T & T(CELLULAR LONG DISTANCE) A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ANOKA ELECTRIC, INC.(C D SIRENS) * BUMPER TO BUMPER, INC.(PARTS) * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) * FORTIS BENEFITS, INC.(INSURANCE) * GLENWOOD INGLEWOOD, INC.(MONTHLY SERVICE) GRESBACK, PAUL(GOPHER BOUNTY - 17 PAIR) HILL, STEVEN(GOPHER BOUNTY (35 PAIR) I.T.L. PATCH COMPANY, INC.(UNIFORM SUPPLIES) JOHN E. REID AND ASSOCIATES, I(REGISTRATION) LABOR RELATIONS, INC.(CONSULTANT SERVICE) LIGHTNING PRINTING, INC.(PRINTING SERVICE) * MEDICA(INSURANCE) MIDWEST BUSINESS PRODUCTS, INC(SUPPLIES) R & T SPECIALTY, INC.(SUPPLIES) ST. CROIX DESIGNS, INC.(SHIRTS) SUPERMOM'S KITCHEN(PARTY SERVERS) THE POLICE INSTITUTE(REGISTRATION FEE (3) THOMPSON AND VRAA(PROFESSIONAL SERVICES) TREADWAY GRAPHICS, INC.(SHIRT) U S WEST CELLULAR, INC.(MONTHLY SERVICE) WAGNER, STEVE(UNIFORM ALLOWANCE - 1995) WH PENNY CO., INC.(SUPPLIES) RECREATION DEPARTMENT 1.56 21.30 12.29 17.06 16.72 117.60 34.09 12.75 26.25 191.94 520.00 90.00 127.21 1,688.75 343.84 92.61 232.00 30.00 135.00 600.00 15.65 300.19 505.00 53.59 Total for Department 5,185.40 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 5.32 ACHILLES, KARL(PERFORMANCE IN THE PARK) 375.00 BERNSTEIN, BARRY(MILEAGE) 64.80 * CIRCLE PINES POST OFFICE(STAMPS) 32.00 DINSMORE, JEFF(PERFORMANCE IN THE PARK) 450.00 DNR, DEPARTMENT OF NATURAL RES(BOOK) 18.88 * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) 7.08 * FORTIS BENEFITS, INC.(INSURANCE) 13.20 * MEDICA(INSURANCE) 216.25 MRPA(SUPPLIES) 158.00 MRPA(DUES) 10.00 * NYSTROM PUBLISHING COMPALNY, I(NEWSLETTER) 952.92 TODORA, GAIL(NEWSLETTER) 330.00 Total for Department 2,633.45 SOLID WASTE ABATEMENT COMO LUBE & SUPPLIES, INC.(RECYCLE OIL FILTERS) 50.00 Page: 8 Date: 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) F. HANSON ASSOC.(RECYCLING CONTAINERS) GOODWILL INDUSTRIES, INC.(RECYCLING DAY - 3.34 TONS) J. R.'S APPLIANCE DISPOSAL, IN(RECYCLE DAY/91 APPLIANCES) * NYSTROM PUBLISHING COMPALNY, I(NEWSLETTER) * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) U.S.A. LIGHTS(RECYCLE DAY/FLUORESCENT BLBS) Total for Department STREETS * A & L SUPERIOR SOD CO,INC(SOD) * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ANOKA ELECTRIC, INC.(STREET LIGHTS) AUTO-MEDICS(TOWING CHARGE) * BEST LOCK SYSTEMS OF MN, INC.(LOCKS KEYED) BRYAN ROCK PRODUCTS, INC.(CLASS V) DEWOLFE, THOMAS(MILEAGE) * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) * FORTIS BENEFITS, INC.(INSURANCE) J -CRAFT, INC.(GRAVEL/PLOW EQUIPMENT) * JOHN'S BLACK DIRT(SUPPLIES) * MEDICA(INSURANCE) * MENARDS, INC.(SUPPLIES) * MIDWEST MACHINERY, INC.(RENTED EQUIPMENT) MN. DEPT OF PUBLIC SERVICE(INSPECTION) NORTHERN STATES POWER, INC.(STREET LIGHTS) * PREMIERE VIDEO & PHOTO(SUPPLIES) SPEC MATERIALS INC(SEALANT) T.A. SCHIFSKY AND SONS, INC.(ASPHALT) TWIN CITY SCALE COMPANY, INC.(RENTED SCALE) * VIKING SAFETY PRODUCTS, INC.(SMALL TOOLS) Total PROGRAM RECREATION RECREATION DEPARTMENT for Department Total for Fund BROADWAY AWARDS, INC.(TROPHIES) DAHLHEIMER, LORI(PROGRAM REC REIMBURSEMENT) MRPA(REGISTRATION) MRPA(SUPPLIES) * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) WOZNICK, BRUCE(UMPIRE SERVICE) Total for Department Amount 3,181.27 293.00 661.00 317.69 130.20 158.27 4,791.43 15.98 12.25 190.63 42.60 76.27 1,891.74 28.32 16.27 36.00 26,418.71 77.22 216.25 70.59 1,757.25 80.00 2,042.41 38.93 1,470.60 852.92 506.66 377.57 36,219.17 97,940.69 90.53 27.00 800.00 18.00 366.99 50.00 1,352.52 Total for Fund 1,352.52 Page: 9 Date: 06/09/95 City of Lino' Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount SEWER OPERATING SEWER DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 2.66 AID ELECTRIC SERVICE, INC.(REPAIR UNDERGROUND SERVICE) 346.87 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 * HILLESHEIM, TIM(REIMBURSE CELLULAR ONE) 31.77 * METRO COUNCIL WASTEWATER SERVI(MONTHLY SERVICE) 21,267.00 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 454.52 * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) 1,651.43 * WATERPRO, INC.(PARTS) 19.64 Total for Department 23,781.49 Total for Fund 23,781.49 SURFACE WATER MANAGEMENT * T.K.D.A.(MUNICIPAL ENGINEER/SUR WATER) * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) TAX INCREMENT DISTRICT 1-7 704.61 733.97 Total for Department 1,438.58 Total for Fund 1,438.58 * ECM PUBLISHERS, INC(PRINTING SERVICE) 69.60 Total for Department 69.60 Total for Fund 69.60 TAX INCREMENT DISTRICT 1-4 * PRESS PUBLICATIONS, INC.(PRINTING SERVICE) 93.50 Total for Department 93.50 Total for Fund 93.50 TAX INCREMENT DISTRICT 1 * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) Total for Department Total for Fund 366.99 366.99 366.99 Page: Date: 10 06/09/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount TAX INCREMENT DISTRICT 1-2 * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) 366.99 Total for Department 366.99 Total for Fund 366.99 WATER OPERATING WATER DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 2.67 C. W. HOULE, INC.(REPAIR OF WATER VALVE) 1,130.74 FEED RITE CONTROLS, INC.(CHEMICAL) 2,562.51 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 * HILLESHEIM, TIM(REIMBURSE CELLULAR ONE) 31.78 * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) 54.95 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 506.10 * TAUTGES,REDPATH & CO, LTD(PROF SERVICE/AUDITOR) 1,651.43 US WEST COMMUNICATIONS(MONTHLY SERVICE) 35.83 * WATERPRO, INC.(PARTS) 2,516.99 * WATERPRO, INC.(WATER METERS) 23,856.00 * WATERPRO, INC.(PARTS) 491.44 Total for Department Total for Fund ** Total ** * - Invoice split to different Departments 32,848.04 32,848.04 $229,853.12 Page: 1 Date: 06/09/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 000020 - A & L SUPERIOR SOD CO,INC 000051 - A T & T 000095 - ACHILLES, KARL 000100 - AID ELECTRIC SERVICE, INC. 000110 - A T & T WIRELESS SERVICE 000178 - AMERICABLE 000410 - ANOKA COUNTY 000450 - ANOKA ELECTRIC, INC. 000540 - AUTO -MEDICS 000670 - BERNSTEIN, BARRY 000680 - BEST LOCK SYSTEMS OF MN, INC. 000770 - BOYER TRUCKS, INC. 000810 - BRAUER & ASSOCIATES, LTD. 000860 - BROADWAY AWARDS, INC. 000870 - BROWNING -FERRIS INDUSTRIES, INC. 000878 - BRUDER, DAVID 000880 - BRYAN ROCK PRODUCTS, INC. 000900 - BUMPER TO BUMPER, INC. 000950 - C. W. HOULE, INC. 001088 - CERTIFIED AUTO RECYCLERS, INC. 001100 - CIRCLE PINES POST OFFICE 001110 - CIRCLE PINES, CITY OF 001169 - COMMUNITY EMERGENCY ASSISTANCE 001171 - COMO LUBE & SUPPLIES, INC. 001230 - CRYSTEEL DIST., INC. 001267 - CUSHMAN MOTOR VEHICLES, INC. 202.36 1.56 375.00 346.87 54.84 127.23 100.00 1,281.69 122.60 64.80 502.85 340.34 225.00 90.53 155.84 91.92 1,891.74 1,005.41 1,130.74 50.00 64.00 70.73 500.00 50.00 456.91 1,591.11 Page: 2 Date: 06/09/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001270 - DALCO, INC. 481.16 001294 - DNR, DEPARTMENT OF NATURAL RESOURCE 18.88 001300 - DEWOLFE, THOMAS 28.32 001316 - DINSMORE, JEFF 450.00 001325 - DAHLHEIMER, LORI 27.00 001390 - ECM PUBLISHERS, INC 139.20 001420 - EMERALD OFFICE SUPPLY, INC. 133.26 001450 - EXPRESS MESSENGER, INC. 42.16 001459 - F. HANSON ASSOC. 3,181.27 001480 - FEED RITE CONTROLS, INC. 2,562.51 001518 - FLAIL -MASTER 210.12 001530 - FOREST LAKE FORD, INC. 216.25 001550 - FORTIS BENEFITS, INC. 416.40 001583 - FUNDWORKS 175.00 001607 - GATEWAY AGG, INC. 80.63 001610 - GILLUND ENTERPRISES, INC. 98.67 001620 - GLENWOOD INGLEWOOD, INC. 86.67 001622 - GRESBACK, PAUL 12.75 001630 - GOA COMPANY, INC. 214.47 001650 - GOODWILL INDUSTRIES, INC. 293.00 001840 - HILLESHEIM, TIM 63.55 001841 - HILL, STEVEN 26.25 001850 - HOFFMAN, MICHAEL 72.48 001860 - HOLMES AND GRAVEN 3,272.73 001880 - HUGO FEED MILL & ELEVATOR 26.52 001940 - INTERIOR COMM SYSTEM, INC. 336.00 Page: 3 Date: 06/09/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001977 - I.T.L. PATCH COMPANY, INC. 191.94 001980 - INTL OFFICE SYSTEMS 721.08 002030 - J -CRAFT, INC. 26,449.63 002050 - J. C. AUTO SUPPLY, INC. 1.11 002053 - J. R.'S APPLIANCE DISPOSAL, INC. 661.00 002093 - JOHN E. REID AND ASSOCIATES, INC. 520.00 002097 - JOHN'S BLACK DIRT 154.43 002220 - LABOR RELATIONS, INC. 90.00 002230 - LAFOREST, MARY 337.89 002270 - LAKESIDE AUTO & PAINT 212.16 002340 - LIGHTNING PRINTING, INC. 127.21 002473 - MANTEK 905.48 002540 - MEDICA 4,525.60 002550 - MENARDS, INC. 141.17 002557 - METAL CRAFT ID PLATES & LABELS 1,162.93 002570 - METRO COUNCIL WASTEWATER SERVICES 27,999.00 002608 - MIDWEST BUSINESS PRODUCTS, INC. 343.84 002640 - MIDWEST MACHINERY, INC. 1,777.72 002700 - MINNEGASCO ACCOUNTS PAYABLE, INC. 299.86 002720 - MN. CITY/CNTY MANAGE ASSN 60.00 002779 - MN. DEPT OF PUBLIC SERVICE 80.00 002780 - MN. DEPT OF PUBLIC SAFETY 49.50 002850 - MN. WANNER COMPANY 24.47 002980 - MN. TEAMSTERS 304.00 003050 - MRPA 986.00 003070 - MTI DISTIBUTING, INC. 6.68 Page: 4 Date: 06/09/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003250 - NORTHERN STATES POWER, INC. 003260 - NORTHERN STATES POWER, INC. 003310 - NORTHWAY SPTS & GARDEN, INC. 003370 - NYSTROM PUBLISHING COMPALNY, INC. 003390 - OFFICEMAX 003410 - OLSEN CHAIN/CABLE CO., INC. 003430 - OSM, INC. 003520 - PITNEY BOWES, INC. 003540 - PLUNKETT'S, INC. 003590 - PREMIERE VIDEO & PHOTO 003600 - PRESS PUBLICATIONS, INC. 003661 - R & T SPECIALTY, INC. 003870 - S & T OFFICE PRODUCTS, INC. 003880 - SHORT-ELLIOTT-HENDRICKSON, INC. 003890 - SAFELITE AUTOGLASS CORPORATION 003950 - SCHULTE, DAVID 004030 - SMITH MICRO TECHNOLOGIES, INC. 004080 - SPEC MATERIALS INC 004101 - ST. CROIX DESIGNS, INC. 004130 - ST. PAUL PIONEER PRESS 004150 - STAR TRIBUNE 004280 - SUNSHINE LIGHTING COMPANY, INC. 004291 - SUPERMOM'S KITCHEN 004340 - T.A. SCHIFSKY AND SONS, INC. 004350 - T.K.D.A. 004370 - TAUTGES,REDPATH & CO, LTD 960.62 2,042.41 37.33 3,811.78 103.55 177.75 837.56 247.27 109.38 83.23 588.49 92.61 138.46 8,297.51 344.17 1,114.74 12,065.39 1,470.60 232.00 78.00 96.20 143.77 30.00 852.92 43,590.20 21,103.00 Page: 5 Date: 06/09/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004410 - THANE HAWKINS POLAR CHEVROLET, INC. 004413 - THE POLICE INSTITUTE 004416 - THOMPSON AND VRAA 004427 - TIMESAVER OFF-SITE SECRETARIAL 004456 - TODORA, GAIL 004470 - TRACY FUELS, INC. 004479 - TREADWAY GRAPHICS, INC. 004542 - TWIN CITY SCALE COMPANY, INC. 004573 - U.S.A. LIGHTS 004576 - UHDE, GARY 004670 - US WEST COMMUNICATIONS 004671 - U S WEST CELLULAR, INC. 004730 - VIKING SAFETY PRODUCTS, INC. 004749 - WAGNER, STEVE 004790 - WATERPRO, INC. 004800 - WESSEL, BRIAN 004812 - WH PENNY CO., INC. 004840 - WINNICK SUPPLY, INC. 004857 - WOZNICK, BRUCE 004890 - ZARNOTH BRUSH WORKS, INC. 48.08 135.00 600.00 267.00 330.00 1,766.78 15.65 506.66 158.27 6,386.93 149.28 300.19 538.93 505.00 26,884.07 187.41 53.59 52.62 50.00 576.70 ** Total ** $229,853.12 AGENDA ITEM No. CONO AGENDA B STAFF ORIGINATOR Marilyn Anderson, Clerk -Treasurer DATE TOPIC June 9, 1995 Consideration of Exemption from Lawful Gambling License, St. Joseph Catholic Church St. Joseph Catholic Church is planning their annual August Festival. This event will be held August 12 and 13, 1995. Part of the festival includes bingo, raffles and other such games. Normally a license would be required for these games. Since St. Joseph Catholic Church holds less than five (5) gambling events per year, they have applied for an exemption from lawful gambling license. This event has been held each year in August and there has never been a police or public safety issue. This item is on the consent agenda and does not require separate action. LG220 (Rev. arises) Minnesota Lawful Gambling Application for Authorization for Exemption from Lawful Gambling License Fill in the unshaded portions of this application for exemption and send it in at /east 45 days before your gambling activity for processing. Name and Address of Organization FOR BOARD USE ONLY FEE CHK INIT DATE Organization Name / .s T SOS € ri Street City )71 6/� S�R�v7 L, L.cXE.s Chief Executive Officer Dayt Phone Number Current/previous license number Current/previous exempt number i< 7 /744-3.0i(6/ 04)5Type of Non-profit Organization State 1012 Treasurer Zip code 5-50/y 1 n a!l t'S A q S' c County Daytime Phone Number (1,40 78o "c /o ' Check the box below which indicates your type of organization El Fraternal Veterans Religious Other non-profit Gambling Site Name of site where activity will take place vi9m fJ5 ,9,r7oc3 Check the box that indicates your proof of nonprofit status and attach a copy of the proof to the application. ❑ IRS designation (x' Certification of good standing from the Minnesota Secretary of State's office ❑ Affiliate of parent nonprofit organization (charter) Street City Township State MN Zp code County Date(s) of activity (for raffles, Indicate the date o1 the drawing) 4tiu_5 i.+/3, 7- Typehof Games Game(s) Gross Receipts Financial Report Expenses, including Cost of Prizes Market Value of Prizes (Including Donations and cash) Bingo Raffles Paddlewheels r'J Tipboards �1 Pull -tabs I declare all information submitted to the Gambling Control Board is true, accurate, and complete. 1 dedare ail financial information submitted to the:Gambiti Board Is true, accurate, and complete. Control Chief Executive Officer's Signature Local Unit of Government Acknowledgment Date Chief Executive Officer's: Signature I have received a copy of this application. This application will be reviewed by the Gambling Control Board and will become effective 30 days from the date of receipt by the city or county, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board wlthin 30 days of the date filled in below. Cities of the first dass have 60 days in which to disallow the activity. City or County Township City of county name Q Signatur o1 n oeiving application Date received 613o Title Ube (12,E This form will be made available in alternative format (i.e. large print, braille) upon request. Township name Signature of person receiving application Title Date Received it with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. 8, Ste. 300 S. Roseville, MN 55113 Township is ❑ organized ❑ unorganized* ❑ unincorporated* Attach letter White - Original Yellow - Board retums to Organization to complete shaded areas AGENDA ITEM #3 STAFF ORIGINATOR Randall B. Schumacher, City Administrator DATE TOPIC June 9, 1995 1995 Audit Summary The purpose of this presentation is to summarize the 1995 city audit and highlight the financial condition of the general fund. Other areas of importance to be reviewed include assessments and collection, bonds, area and unit funds, investments and market values. We will also be discussing our plans to implement a fixed assets system. * * Please bring 1995 Management Report with you /green covered document handed out at work session on May 17, 19951 1. Approve as presented 2. Send back to auditors for adjustments 0* Option #1 AGENDA ITEM 4 STAFF ORIGINATOR Brian Wessel, Community Development Director DATE TOPIC June 12, 1995 Public Hearing on the Modification of Tax ,, Increment Financing District No. 1-4 (Blue Heron Ltd) The modification of Tax Increment Financing District No. 1-4 has been adopted by the Economic Development Authority to provide financial assistance to Blue Heron Ltd. in the private portion of the Apollo Business Park to build a leasable office/warehouse facility. This facility is in accordance with EDAAB's goal to establish an incubator growth program to build a stronger commercial/industrial tax base and support long term tax diversity. Centennial School District and Anoka County were sent copies of the plan for comments, and none were received. This hearing is to receive comments from the public. 1. Open the public hearing 2. Continue the public hearing Option 1 AGENDA ITEM 4A STAFF ORIGINATOR Brian Wessel, Community Development Director DATE June 12, 1995 TOPIC Consideration of Resolution #95-65 Approving Modification of Tax Increment Financing Plan for Tax Increment Financing District No. 1-4, Apollo Business Park This final approval of the modification of TIF District No. 1-4 by the City Council will allow the city to provide financial assistance to Blue Heron Ltd. towards the purchase of 2.4 acres in the G.M. Development portion of the Apollo Business Park. Blue Heron will be constructing a 20,196 square foot facility with flexible leased space for office/warehousing. 1. Adopt the resolution approving a modified tax increment financing plan for TIF District No. 1-4 in the Apollo Business Park 2. Return to staff for further consideration O►Mi Option 1 Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-65 RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-4 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") approved a tax increment financing plan (the "Plan") for Tax Increment Financing District No. 1-4 on March 26, 1990. 1.02. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred to it control of Tax Increment Financing District No. 1-4. 1.03. Changes and additions to the public and private improvements to be constructed have prompted the City and the Authority from time to time to modify the Plan. 1.04. In response to a recent development proposal from River Woods Development Corporation, the Authority and the City have authorized the preparation of a modified Plan, which is contained in a document entitled "Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-4" dated June 12, 1995 and on file with the clerk -treasurer. 1.05. Copies of the modified Plan have been forwarded to Independent School District No. 12 and Anoka County along with a notice of a public hearing to be held by the City on June 12, 1995. 1.06. The Authority has adopted the modified Plan and referred it to the City for public hearing and consideration as provided by Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act"). 1.07. The City has fully reviewed the contents of the modified Plan and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plan. 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District No. 1-4 and the City as a whole, and for the protection and preservation of the public health, safety, and general RHB62063 LN140-11 welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development proposed in the modified Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. 2.03. The modified Plan conforms to the general plan for development of the City as a whole. 2.04. The proposed public assistance to be financed largely through tax increment financing are necessary to permit the City to realize the full potential of Tax Increment Financing District No. 1-4 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing. 3.01. The modified Plan is hereby approved. The modified Plan incorporates by reference the original Plan and all subsequent modifications except as this modified Plan explicitly or by reasonably necessary implication conflicts with the original Plan or previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District No. 1-4 are not affected by this modification and are as described in the original Plan. 3.03. The Authority is requested to file a copy of the modified Plan with the Minnesota commissioner of revenue as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. DATED: , 1995. Vernon F. Reinert, Mayor AT 1'EST: Marilyn G. Anderson Clerk -Treasurer RHB62063 LN140-11 The motion for the adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against same: Whereupon said resolution was declared duly passed and adopted. RHB62063 LN140-11 74TH STREET z w Site Location N CITY OF IINO ME6 APOLLO BUSINESS CENTER AGENDA ITEM 5 ORIGINATOR Brian Wessel, Community Development Director June 12, 1995 Second reading of Ordinance No. 10- 95, authorizing the sale of city -owned land in the Apollo Business; Park to Mag -Con, Inc. :on, Inc. is purchasing a 2.3 -acre parcel of land in the city -owned portion of the Business Park for its manufacturing facility. According to Chapter XII, Section of the Lino Lakes City Charter, an ordinance is required to authorize the sale property owned by the city. The first reading of the ordinance was adopted 2, 1995. After the second reading the ordinance will be published in the legal )aper and will become effective July 20. )pt the Second Reading of Ordinance #10-95 urn to staff for further consideration Councilmember introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 10-95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF 2.3 ACRES IN THE NORTHEAST PORTION OF OUTLOT A The City Council of Lino Lakes, Anoka County, Minnesota does ordain: The real property is described as approximately 315 feet fronting on the north side of Apollo Drive and approximately 325 feet in depth, 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. The city council of the City authorizes sale of the Property to Mag -Con, Inc. for $89,700. 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. Vernon F. Reinert, 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 , 1995 , 1995 Published in the official newspaper on , 1995 APOLLO BUSINESS PARK 3 5 00.02'36-E 15000 S 00.0236E 705,50 11,115 CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA 1 N 000236W 60000 wo; DRIVE 00,r,O0 0I7C6,NON10' s‘s OUTLOT C „EP 05565 4cP 19.4'br 4.N .4.0 —1T176 065 -------- - - ------ EiCTE, .....ESOIA DEPART., 0E1. ,,,PA1. YESOVEDES. METED STATES CORRS Or .E.'1GRSERS ,,E.1D 0,4P .11.11.,1 AIANAGEWNT AGENCIES CA,ECC,SE.. 1,01101...1 reET1,11.D.S. vn.C1.1 APS YICE ACYDICR,EDDED BY DKAIETEP 505.01, 9_80151S655 100 l.&50 SEA,TES AK) IJAY MOT EC P.rnw. KKON. DE'rELCrvo, CON1,NINC SAO wET1,14), WO' •E EDIE.,D1 SPECIAL DP -0g.. bE NONS. 7 66 9 ' I , 'P. 00 SCALE N FEE, 1 NO.1 ...CC FEET 3>C • DENC'ES RON .041.41,1 ▪ DE14,ES 1.10,,AJENT SET 1EEE, 1/. E.EDDE.11`. T 31. P r .--N 00.14 00 of 149.0.16— HULT & ASSOCIATES, INC. LAND SURVEYORS JULY 1994 SHEET 2 OF 2 SHEETS STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 6 Brian Wessel, Community Development Director June 12, 1995 Consideration of a special Council meeting A special City Council meeting is required for the purpose of holding a public hearing to establish a Development District Program and Tax increment Financing District No. 3-1 (Clearwater Creek). The EDA will be meeting on June 29, 1995 at 5.00 p.m. to adopt the plan for Tax Increment Financing District No. 3-1. A public hearing can follow that action by the EDA at 5:15 p.m. 'TIi 1. Set a special council meeting for June29, 1995 at 5:15 p.m. 2. Return to staff for further consideration Option 1 AGENDA ITEM 6A STAFF ORIGINATOR Brian Wessel, Community Development Director DATE June 12, 1995 TOPIC Resolution #95-73 calling for a public hearing on the plan for Tax Increment Financing District No. 3-1 (Clearwater Creek) The Economic Development Authority has authorized preparation of a plan establishing Tax Increment Financing District 3-1 in the Clearwater Creek Development Center on the 1-35E/County Road 14 interchange. This TIF District will enable to city to provide financial assistance to new businesses locating in the development center. New state legislation going into effect after June 30, 1995 will restrict the use of TIF funds on Green Acres properties within the development center. A public hearing on June 29, 1995 will allow the city to certify the district before the cutoff date. Centennial and . White Bear Lake School Districts and Anoka County have received copies for review and will have the required 30 days to respond. 1. Adopt Resolution ,#95-73 calling for a public hearing on June 29, 1995 at 5: P.m. 2. Return to staff for further consideration Option 1 Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 9 5 - 7 3 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3-1 WHEREAS, the Lino Lakes Economic Development Authority (the "Authority") has authorized preparation of a plan (the "Plan") for Tax Increment Financing District No. 3-1 ("TIF District No. 3-1"); and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on the Plan for TIF District No. 3-1, following adoption thereof by the Authority. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on June 29, 1995, at 5:15 p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District Nos. 12 and 624 and Anoka County at least 30 days prior to the public hearing and to invite their comments on the Plan. 3. The city staff and consultants are authorized and directed to take any and all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: , 1995 RHB900S6 LN140-37 Vernon F. Reinert, Mayor ATTEST: Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. RHB90056 LN140-37 AGENDA ITEM #7 ORIGINATOR 'Randy Schumacher, City Administrator June 9, 1995 Centennial School Dist. - Feasibility Report Ri After completing the review of the Centennial Facilities Task Force Report as es to the proposed school facility on Elm Street, City Staff met with school entatives to discuss impact and planning issues for transportation and utility is. Based on the complexity of the issues impacting the potential school site, elt that a feasibility report addressing all issues in a detailed manner would be ;ary in order to establish reasonable costs related to the development. ore, Superintendent John McClellan has requested a feasibility to address the mentioned issues. Approve the request Modify the request Deny CENTENNIAL SCHOOLS Independent School District No. 12 4707 North Road Circle Pines, Minnesota 55014 (612) 780-7600 FAX (612) 780-7691 SCHOOL BOARD MEMBERS CHAIRPERSON Charles Cheesebrough VICE CHAIRPERSON Dennis Halverson CLERK Catherine Streit TREASURER Thomas Carlin DIRECTOR Rick Olson DIRECTOR Mark Rehbein ADMINISTRATION SUPERINTENDENT John R. McClellan 780-7610 DIRECTOR OF INSTRUCTION Clifford W. Holman 780-7607 DIRECTOR OF BUSINESS AFFAIRS Warren W. Tester 780-7601 DIRECTOR OF PERSONNEL Larry E. Jablinski 780-7608 May 31, 1995 Randy Schumacher City Administrator Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 Dear Randy: I would like to request that the city conduct a roadway/utility service study and a traffic study for the Elm Street properties. If possible, the school district would appreciate the completion of these studies as soon as possible. If you have any questions regarding this request, please call me at 780-7610. Sincerely, OW" od-at(_ (John R. McClellan Superintendent Centennial School District #12 JRM/dlp Cot Printed On Recycled Paper "An Equal Opportunity Employer" STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 8A Jim Norton, P.E. , Consulting Engineer June 7, 1995 Resolution No. 95-72 Accepting Bids For Municipal Wei No. 3 BACKGROUND1 At the May 22, 1995 Lino Lakes City Council meeting, the City Council passed Resolution 95-61 approving plans and specs for this project and ordering advertisements for bids. Bids will be opened at 11.00 A.M. on Friday June 9, 1995. The bids will be tabulated and the lowest responsible bidder will be determined. If bids are acceptable, an appropriate resolution regarding acceptance of the bids will be submitted to you prior to the City Council meeting on June 12, 1995. OPTIONS: 1. Approve Resolution No95-72 Reject the bids. RECOMMENDAIION: A recommendation will be made prior to the City Council meeting on Monday. sal BIDS RECEIVED FRIDAY, JUNE 9, 1995 @ 11:00 A.M. CLIENT LINO LAKES PROJECT MUNICIPAL WELL NO. 3 CLIENT PROJECT NO. SEH FILE NO. A-LINOL9509.00 BIDDER BID BOND 100 BID AMOUNT BERGERSON-CASWELL c -c> INGLESIDE ENGINEERING & CONSTR, KEYS WELL DRILLING LTP ENTERPRISES LAYNE MINNESOTA Lc MARK J. TRAUT WELLS, INC. E.H. RENNER & SONS AGENDA ITEM 88 STAFF ORIGINATOR Steve Huth, P.E. , Consulting Engineer DATE June 7, 1995 TOPIC Resolution No. 95-66 Approving the Cooperative Agreement with the Minnesota Dept. of Transportation for the TH 49 , CSAH 23, and CSAH 10 Intersection lmjrovements BACKGROUND: The Cooperative Agreement defines the Dept. of Transportations cost participation for their share of the roadway improvements and construction engineering,which is estimated at $713,989.35. OPTIONS: 1. Approve Resolution No95-66 2. Return the matter to staff for further consideration. RECOMMENDATION: Option No. 1. Council Member introduced the following resolut moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 66 on and APPROVING THE COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE TH 49, CSAR 23, AND CSAR 10 INTERSECTION IMPROVEMENTS BE IT RESOLVED, that the City of Lino Lakes enter into Agreement No. 73174 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To provide for payment by the State to the City of the State's share of the costs of the intersection revision construction and other associated construction to be performed within the Trunk Highway No. 49 (Hodgson Road and Lake Drive) intersection with County State Aid Highway No. 23 (Lake Drive ) and County State Aid Highway No. 10 (North Road) from Hodgson Road Engineer Station 81+00 (150 feet south of Blue Heron Drive) to North Road Engineer Station 111+32 (Lakeview Drive) and from Lake Drive Engineer Station 518+50 (1,480 feet southwesterly of Point Cross Drive) to Lake Drive Engineer Station 568+91 (770 feet northeasterly of Second Avenue) under State Project No. 0204-12 (T.H. 49=126) BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed to execute such agreement CERTIFICATION State of Minnesota) County of Anoka ) City of Lino Lakes) I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Lino Lakes at a duly authorized meeting thereof held on the 12th day of June, 1995, as sown by the minutes of the meeting in my possession. City Clerk -Treasurer Signature Marilyn G. Anderson 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 duly passed and adopted. 73174 CITY OF LINO LAKES RESOLUTION BE IT RESOLVED that the City of Lino Lakes enter into Agreement No. 73174 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To provide for payment by the State to the City of the State's share of the costs of the intersection revision construction and other associated construction to be performed within the Trunk Highway No. 49 (Hodgson Road and Lake Drive) intersection with County State Aid Highway No. 23 (Lake Drive) and County State Aid Highway No. 10 (North Road) from Hodgson Road Engineer Station 81+00 (150 feet south of Blue Heron Drive) to North Road Engineer Station 111+32 (Lakeview Drive) and from Lake Drive Engineer Station 518+50 (1,480 feet southwesterly of Point Cross Drive) to Lake Drive Engineer Station 568+91 (770 feet northeasterly of 2nd Avenue) under State Project No. 0204-12 (T. H. 49=126). BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed to execute such agreement. CER 'I'IF'ICATION State of Minnesota County of Anoka City of Lino Lakes I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Lino Lakes at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of the meeting in my possession. City Clerk -Treasurer (Signature) (Type or print name) STAFF ORIGINATOR DATE TOPIC AGENDA ITEM SC Steve Heth, P_E. , Consulting Engineer June 7, 1995 Resolution No. 95-67 TH 49 , CSAH 23, and CSAH 10 intersection Improvements Approving Plans and Specifications and Ordering Advertisement for Bids BACKGROUND: The project consists of realigning TH 49 ( Hodgson Road ) and CSAH 10 ( North Road) to intersect at the same location with CSAH 23 ( Lake Drive ). The new intersection will have right and left tum lanes for all movements and will be signalized. OPTIONS: 1. Approve Rlution No95-67 Return the matter to staff for further consideration. RECOMMENDATION: Option No_ 1. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-67 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE T.H. 49, CSAH 23 AND CSAH 10 IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on November 22, 1993, the City Engineer has prepared plans and specifications for the T.H. 49, CSAH 23 and CSAH 10 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 three 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., Wednesday, July 12, 1995, 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, June 24, 1995, 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 Lino Lakes City Council this 12th day of June, 1995. Vernon F. Reinert, 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 duly passed and adopted. AGENDA ITEM 8 STAFF ORIGINATOR John P reI1,Acting City Engineer DATE June 6. 1995 TOPIC BACKGROUND: Resolution No. 95-68 Declaring Adequacy of a Petition and Ordering Preparation of a Feasibility Report for the Fourth Avenue Trunk Utility Improvements A petition was received from Mr. Gary Uhde to prepare a Feasibility Report for extension of trunk sanitary sewer and watermain to the proposed Behm's Century Farm subdivision. These utilities would generally be located along Fourth Avenue and Lilac Street. The petition has been reviewed and verified as adequate by the. City Clerk. The City Council can therefore order preparation of this report. OPTIONS: 1. Approve Resolution No. 95-68. 2. Return to staff for further review. RECOIENDATION: Option No. 1. Approve Resolution No. 95-68 Declaring Adequacy of the Petition and Ordering Preparation of a Feasibility Report for the Fourth Avenue Trunk Utility Improvements. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-68 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - FOURTH AVENUE TRUNK UTILITY IMPROVEMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Fourth Avenue Utilities, filed with the Council on June 12, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to John Powell of TKDA, 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 12th day of June, 1995. Vernon F. Reinert, 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 , 1995. Marilyn G. Anderson, Clerk -Treasurer PETITION FOR A FEASIBILITY STUDY We, the undersigned Lino Lakes property owners, do hereby petition the City of Lino Lakes to prepare a feasibility study to determine whether or not it is feasible to install sewer and water service for the property listed below in accordance with the provisions of the Lino Lakes City Charter, Section 8.04 and Chapter 429 of Minnesota Statutes. (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature.) OWNER G•m /w( /r) «! X c ADDRESS 35o25- _�.5 yh /e At g/-ookA,,77 Ji_/ (JA 1 PROPERTY DESCRIPTION -77 in���y<> �t<IF /Y- �1�7 X'07 3` as 93 c7 o/ 0/1 7 177 Ac/ Ii/9C AGENDA ITEM 8E STAFF ORIGINATOR John Powell. Acting. City Engineer DATE June 6. 1995 TOPIC BACKGROUND: Resolution No. 95-69 Receiving the Fourth Avenue Trunk Utility Feasibility Report and Setting a Public Hearing for July 24. 1995 at 6;45 P.M. The developer of Behm's Century Farm, the subdivision these utilities would initially serve, provided escrow to begin the Feasibility Report preparation prior to the City Council formally ordering it. This was done to reduce the time required to complete the public improvement process which would allow the improvement installation to begin sooner. The report can now be received and the Public Hearing date set at which time the details of the report will be presented. OPTIONS: 1. Approve Resolution No. 95-69. 2. Return the matter to staff for further reviel RECOMMENDATION: Option No. 1. - Approve Resolution No. 95-69 to receive the Fourth Avenue Trunk Utility Feasibility Report and set the Public Hearing for July 24, 1995 at 6:45 P.M. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-69 RESOLUTION RECEIVING THE FOURTH AVENUE TRUNK UTILITY FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to resolution of the Council adopted June 12, 1995, a report has been prepared by John Powell, TKDA with reference to the improvement of Trunk Utilities on Fourth Avenue and Lilac Street, and this report was received by the Council on June 12, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such street 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 at an estimated total cost of the improvement of $455,500.00. 2. A public hearing shall be held on such proposed improvement on the 24th day of July, 1995, 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 12th day of June, 1995. Vernon F. Reinert, 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 , 1995. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 8F STAFF ORIGINATOR John Powell. Acting City Engeer DATE June Q. 1995 TOPIC Resolution No. 95-71 Ordering Preparation of the Plans and Specifications for Well and We'Rouse No. 4. BACKGROUND: The Public Hearing for this project was held at the regular meeting of the City Council on May 22, 1995. Ordering Plans and Specifications at this time will allow the well drilling to begin later this summer with wellhouse construction to be completed by the Summer of 1996. This Well is located near Cedar Street east of I -35E and will initially serve the Clearwater Creek subdivision. OPTIONS: 1. Approve Resolution No. 95-71. 2. Return to staff for further review. RECOMMENDATION: Option No. 1. - Approve Resolution No. 95-71 Ordering Preparation of Plans and Specifications for Well and Wellhouse No. 4. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-71 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR WELL NO. 4. WHEREAS, a resolution of the City Council adopted the 10th day of April, 1995, fixed a date for a Council hearing on the proposed Well 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 May, 1995, 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. John Powell of TKDA 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 City Council this 12th day of June, 1995. Vernon F. Reinert, 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 , 1995. Marilyn G. Anderson, Clerk -Treasurer STAFF ORZGINATtIR roam TOPYC BACKGROUND AGS I' 9 David J. Pecchia, Chief of Police June 12, 1995 Consideration of Resolution No 95 61 Accepting Donation from the Circle -Lax Ladies Auxiliary VFW, Post 416583 for the Crime Prevention Program. The Circle -Lex Ladies Auxiliary VFN, Post #65.83 has donated $1,500.00 to the Lino Lakes Police Department to be used to purchase Crime Prevention materials and supplies to enhance their Crime Prevention efforts for 1995. The Circle -Lex Ladies Auxiliary VFW Poet #6583 is aware of this goal and has donated $1,500.00 toward the cost of the needed materials and supplies. The ,urpose of Resolution No. 95 - 61 is to publicly thank the Circle -Lex Ladies Auxiliary VFW, Post #6583 for their generous donation. OPTIONS t Resolution No. 95 - 61 accepting the donation. :turn the Resolution to staff for further information. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION N. 95 - 61 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LADIES AUXILIARY VFW POST NO. 6583 WHEREAS, the Lino Lakes Police Department had a need for Crime Prevention/Safety materials and supplies; and WHEREAS, the needed items will enhance the Lino Lakes Crime Prevention efforts for 1995; and WHEREAS, the Circle -Lex Ladies Auxiliary VFW Post #6583 was made aware of the need for the materials and supplies and has donated $1,500.00 to the City for the purchase of the materials; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $1,,500.00 Increase Crime Prevention Expenditures $1,500.00 NOW, THEREFORE, BE IT RESOLVED that the City of Lino Lakes hereby accepts the donation of $1,500.00 toward the cost of the Crime Prevention materials and supplies and wishes to express its gratitude to the Circle -Lex Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 12th day of June, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGE l► 'TM No. 10 !$,P ORIGINATOR David J. Pecchia, Chief of Police a<Ts June 12 , 1995 )PXC Consideration of Resolution No 95 - 65 Accepting Donation from the Circle -Lex VIW, Post #6583 for Police Services provided during their 7th District Loyalty Day Parade. BACKGROUND The Circle -Lex VFW, Pest #6583 has donated $800.00 to the Lino Lakes Police Department to be used toward the expense of barricades that needed to be rented for traffic control during the Veterans of Foreign Wars 7th District Loyalty Day Parade which took place on Saturday, April 29, 1995. The rental of the barricades were funded through the City of Lina Lakes General Fund. Circle -Lex VFW Post #6583 is aware of this expense and has donated $800.00 for the cost of the rental of the barricades. The purpose of Resolution No. 95 - 65 is to publicly thank the Circle -Lex VPWV Post #6583 for their generous donation. OPTIONS Adopt Resolution No. 65 accepting the donation. Return the Resolution to staff for further information. Council Member introduced the fallowing resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 65 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LER VFW POST #6583 WHEREAS, WHEREAS, the Lino Lakes Police Department provided police patrol and directed traffic for the Veterans of Foreign Wars 7th District Loyalty Day Parade on Saturday, April 29, 1995 and several barricades were needed to accommodate traffic control; and the needed barricades wee funded through the City of Lino Lakes General Fund; and WHEREAS, the Circle -Lex VFW Post 16583 has donated $800.00 to the City to reimburse the General Fund for the cost of renting the barricades; and the monies will be appropriated to the General Fund in the following manner: WHEREAS, Increase Revenue Contributions $800.00 Increase Expenditures - Maintenance Equipment $800.00 NOW, THEREFORE, 88 IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $800.00 for the cost of renting the barricades and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 12th day of June, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM NO. 11 STAFF ORIGINATOR: Marty Asleson DATE: June 9, 1995 TOPIC: Acceptance of Master Plans for Birchwood Acres/Parkgrove/Pineri.dge, Brandywood, Pheasant Hills Preserve, and Wenzel Farms Parks. BACKGROUND For the past several months staff has been working with the neighborhoods and our Parks Planner, Jeff Schoenbauer from Brauer and Associates in developing master -plans for each respective park area. This planning exercise was needed to begin implementation of these parks. The Park Board recommended, and the City Council approved the expenditure of dedicated park dollars to carry out this planning process and begin a limited amount of phased implementation for these park areas. The developer of Pheasant Hills Preserve has agreed to spend up to $28,000 to plan and phase-in their park. Please find attached copies of the master -plans and estimated cost -break-outs for completion of these park areas. There is some additional land needs in Birchwood and Brandywood parks. These areas are not included in these cost estimates. These master -plans have been approved by the Park Board. The purpose of this report is to obtain City Council approval of these plans in order to begin the implementation process. OPTIONS 1. Approve the master -plans for Birchwood Acres/Parkgrove/Pineridge, Brandywood, Pheasant Hills Preserve, Wenzel Farms. 2. Refer back to staff for further review. PASSIVE USE AREA - PICNIC SPACE - SITTING AREA - GRILL - ACCESSIBLE PICNIC TABLE CHILDREN'S PLAY EQUIPMENT HARD -SURFACE LAY AREA CONCEPT PLAN PAR( - CITY OF LINO LAKES Design Concept Cost Estimate Brandywood Park Design Concept Cost Estimate for Brandywood Park Item Includes Materials and Installation Site Vtbrk Clear and grub underbrush. 500.00 General grading to level site for proposed uses. 4,000.00 Trail Development 6' and 8' asphalt trail through park and hard surface play area (Phase I only). 17,500.00 Play Structure 6" x 6" timber container (2 high x 360 LF) 3,600.00 12" sand base (125 CY) 1, 450.00 Play and swing structure 22,000.00 Site Amenities Development Picnic tables 4,000.00 Site benches 2,100.00 Horseshoe pit 600.00 Half -court basketball 5,500.00 Boardwalks 9,00000 Seed/Sod and Plantings Naturalized plantings (trees and ground cover). 5,000.00 Sod high traffic areas 1,00000 Seed manicured turf areas. 1,500.00 Total 77, 750.00 Cost Note: The above materials and installation costs are based on spring 1995 prices as supplied by local contractors. Costs are also based on the assumption that negotiated contracts will be used for the various work items (as opposed to a formal bid process). City of Lino Lakes 1 Brauer & Associates, Ltd #95-16 MASTER PLAN PHEASANT HILLS PARK BRAUER * ASSOCIATES, LTD. Design Concept Cost Estimate Pheasant Hills Mini -Park Design Concept Cost Estimate for Pheasant Hills Mini -Park Item Includes Materials and Installation Site VLbrk Clear and gnib underbrush. 50000 General grading to level site for proposed uses. 2,000.00 Trail Development 6' and 8' asphalt trail through park 9,200.00 Hay Structure 6" x 6" timber container (2 high x 330 LF) 3,300.00 12" sand base (110 CY) 1,300.00 Play and swing structure 18,000.00 Site Amenities Development Picnic table (3) 1,200.00 Site benches (2) 400.00 Horseshoe pit 600.00 Half -court basketball 5,50000 Overlook 3,200.00 Seed/Sod and Plantings Naturalized plantings (trees and ground cover). 2,000.00 Sod high traffic areas 500.00 Seed manicured turf areas 1,000.00 Total 48, 700.00 Cost Note: The above materials and installation costs are based on spring 1995 prices as supplied by local contractors. Costs are also based on the assumption that negotiated contracts will be used for the various work items (as opposed to a formal bid process). City of Lino Lakes 1 Brauer & Associates, Ltd. #95-12 NOTE: VEGETATIO SHOWN AT \ OPTIMAL LEVEL ACCESS TRAIL PROPERTY LI - TREES AND - RESIDENTS EKING S TAL FENCE COOPERATIVE INFORMAL PLAYFIELD (150' x 280' ) EXERCISE /COURSE ALONG 'I': AIL CHILDREN'S PLAY -AREA IL - -WETLAND AALF-COURT' BASKETBALL HOI#SESHOI s - NATURE OVERLOOK (GAZEBO STRUCTURE)' -FUTURE 'TRAIL LINK (POTF`N'1IAL) . . FUTURE E PARK EXPANSION (POTENTIAL) BIRCN&EPT PLAN H PARK (N -1O) CITY OF LINO LAKES BRAUER SC ASSOCIATES. LTD. Design Concept Cost Estimate Birch Park Design Concept Cost Estimate for Birch Park Item Includes Materials and Installation Site Work Clear and grub underbrush. 500.00 General grading to level site for proposed uses. 2,000.00 Trail Development 6' and 8' asphalt trail through park 15,000.00 Play Structure 6" x 6" timber container (2 high x 550 LF) 5,500.00 12" sand base (240 Cl) 2, 800.00 Play and swing structure 25,000.00 Gazebo Overlook Budget figure for covered structure 12,000.00 Site Amenities Development Picnic tables 3,000.00 Site benches 2,400.00 Horseshoe pit 600.00 Half -court basketball 5,500.00 Exercise course 2,500.00 Seed/Sod and Plantings Plantings (trees and ground cover). 10,000.00 Sod high traffic areas 1,500.00 Seed manicured turf areas. 5,500.00 Total 93, 800.00 Cost Note: The above materials and installation costs are based on spring 1995 prices as supplied by local contractors. Costs are also based on the assumption that negotiated contracts will be used for the various work items (as opposed to a formal bid process). City of Lino Lakes 1 Brauer & Associates, Ltd. #95-11 tor • NW, 1.1.4 SILT, 1•0 •0111 km1•11/11 4444 i 0•11.111•111. •••••1 17.1,4.1 r DAT& 4 / 114 / 95 I REV -,-4-- WRIT.- ig -DitAwiNG .-. - - — STYLE KB At KK 42 ,- - Z RAWN BY Sno PL ANFOJEC':441W S.411/1. NC- I , I HO %AND WM:71,LE PARMS PARK 1 aat7io'ksYnew, t -IN °CV% PIA 26 LINO LAKES. KONNP-SCrl'A I 1404 Y71.35,47 HLVI AGENDA ITEM NO. 13A STAFF ORIGINATOR: Jackie Constant DATE: June 9, 1995 TOPIC: Consideration of an Agreement with Anoka County for Residential Recycling Please find attached the 1995 Agreement for Residential Recycling executed by Anoka County. This agreement provides financial assistance to the city for expenses incurred in 1995 for the coordination and promotion of recycling. The agreement allows for the reimbursement of '$35,812.18. This is the standard agreement that the City has entered into with Anaka County in the past. OPTIONS 1. Approve the 1995 Agreement for Residential Recycling. 2. Refer beck to staff for further consideration.' Option 1. Approval of 1995 Agreement for Residential Recycling Anoka County Contract # 900260-5 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 23rd day of May, 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 received $758,639 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste 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 solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 1995 through December 31, 1995, unless earlier terminated as provided herein. 3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 979 tons as established by the County. "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. "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. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.931. 4. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 1995 and January 20, 1996: A. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 8. 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. 9. 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. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. 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 in, 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 the applicable 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 one 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. -3 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF LINO LAKES By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: By: Name: Title: 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- L\CI V ATTY\PCH\LOW-TECH\RECYCLIN\CONTRACI\REC YCL95. M RG AGENDA ITEM 1313 STAFF ORIGINATOR Randy Schumacher, City Administrator DATE TOPIC 9 June 1995 ADA Coordinator As you are aware, passage of the Americans with Disabilities Act (ADA) mandated that the City review its policies and practices in order to determine if those policies and practices were accessible to the disabled. This required a self evaluation which can be divided into three part: Evaluate; Plan; and Implement. The City hired an ADA expert to assist in this self evaluation. Now that the self evaluation is complete, the City must appoint an ADA Coordinator to insure the transition plan and implementation is accomplished. Therefore, t would like the City Council to appoint Administrative Secretary Jean Viger as the ADA Coordinator. We have already begun implementing a number of items identified in the self evaluation. 1 Appoint Jean Viger as ADA Coordinator 2. Choose another staff member as ADA Coordinator AGENDA ITEM NO, 14A STAFF ORIGINATOR Marilyn Anders on, Clerk-Treasu DATE TOPIC June 9, 1995 Consideration of Classification and Sale of Tax Forfeited Lands This matter was brought before the City Council at the May 22, 1995 meeting. Seven (7) parcels of land have forfeited to the State because of unpaid property taxes. The parcels were described and a recommendation was given to the City Council. (A list of the parcels is included cn the May 16, 1995 "green sheet".) After reviewing the recommendation, the City Council requested further information on Parcel 36-31-22-14-0004. Specifically, the City Council asked if this 18+ acre parcel could be obtained by the City for use as open space. After discussion with Gene Rafferty, Anoka County Land Commissioner, it has been determined that the City can apply for title to the property for this use. Adopt a motion approving the classification and sale of the parcels by the Anoka County Land Commissioner with notice stating that the City would like title to Outlot A, Sunrise Meadows for drainage purposes and title to Parcel 36-31-22-14- 0004 for open space purposes. Return to staff for further information. Option No. COUNCIL MEETING MAY 22, 1995 Mr. Powell recommended that the Conveyance Agreement with the Metropolitan Council be approved as amended and returned to the Metropolitan Council for further processing. Council Member Elliott moved to approve the Conveyance Agreement with the Metropolitan Council as recommended by Mr. Powell. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Powell explained that the Conveyance Agreement will be forwarded to the Metropolitan Council. He noted that they will be addressing this matter in the next week or two. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Classification and Sale of Tax Forfeit Lands Mrs. Anderson explained that seven (7) parcels of land in the City of Lino Lakes have forfeited to the State of Minnesota because of delinquent property taxes. The Anoka County Land Commissioner has asked that the City Council approve the classification and sale of the parcels. The parcels include: Lot 2 and Lot 3, Block 1, Rice Lake Estates - These two (2) lots are located east of the well house on Sandhill Drive. Soil conditions on both lots are very poor and may not support a foundation. Two (2) other lots in Rice Lake Estates have also forfeited to the State because of poor soil conditions. New homes have been constructed on lots that have not forfeited to the State. Lot 13, Block 4, Lakes Addition No. 1 - This parcel is 1/17th of the lot which is the lake access lot on the west side of Reshanau Lake for the homes located on the golf course side of West Shadow Lake Drive. This is the fourth parcel of the 17 parcels that have forfeited to the State. Outlot A, Sunrise Meadows - This is a landlocked parcel. The City already has an easement over the eastern portion of the lot because it is part of the Section 18 drainage area. Mr. Powell has recommended that the City obtain title to the entire parcel to insure that it will remain a part of the Section 18 area wide drainage system. Outlot A, Lakeview Place - This is a very narrow strip of land. When Lakeview Place was platted, LaMotte Circle was platted over PAGE 26 COUNCIL MEETING MAY 22, 1995 an existing lot. This is the remainder of the lot. Mrs. Anderson recommend that Anoka County offer this parcel to the adjoining lot owner. Parcel 25-31-22-21-0004 - This is a small triangle shaped parcel located on Cedar Street. The parcel was divided from a larger parcel by a 50 foot wide NSP power line corridor. The parcel is not a legal building site. Mrs. Anderson recommended that this parcel be offered for sale by the County. Parcel 36-31-22-14-0004 - This is a large parcel of approximately 18 acres located on the northwest corner of Rolling Hills Drive and Bald Eagle Boulevard. The entire parcel is low with cattails and other wetland vegetation. The Building Inspector indicates that there has been interest in the lot, however, both the Rice Creek Watershed District and the Department of Natural Resources have never issued a permit to place fill dirt for a house foundation or septic system. Kate Drury, Rice Creek Watershed District says they have received many calls on this parcel. She noted that the entire parcel is in the flood plain and development of the parcel would be governed by the State Wetland Conservation Act. Ms. Drury explained that, although no one has performed an evaluation of the site, it is unlikely that the Rice Creek Watershed District would issue a permit for any improvement. Mrs. Anderson explained that she did not know of any reason why the City would want to obtain title to this property. Mrs. Anderson recommended that the City Council adopt a motion approving the classification and sale of the parcels by the Anoka County Land Commissioner with a notice stating that the City would like to obtain title to Outlot A, Sunrise Meadows for drainage purposes. Mayor Reinert referred to the last parcel outlined by Mrs. Anderson and asked why the City could not obtain title of the parcel for open space purposes. Mrs. Anderson explained that when the City obtains tax forfeit land, the land must be used for a state public interest. Mr. Hawkins suggested that the City could use the parcel as an environmental area. Mr. Schumacher asked if the Park Board or the Parks Director had looked at the parcel. Mrs. Anderson said no. Mayor Reinert said he would like to see how this parcel would fit into the Comprehensive Park Plan. Mayor Reinert said that the City Council would be shortsighted in not taking a second look at this and maintain ownership. He felt that this could be designated open space. Mr. Schumacher suggested that the parcel be useful as a potential mitigation PAGE 27 COUNCIL MEETING MAY 22, 1995 situation. Council Member Bergeson moved to table the matter until the next Council meeting. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Arbor Month Proclamation - Mr. Schumacher explained that the City has taken an active part in the annual Arbor Day celebration over the past several years. This year the celebrations will take place on Tuesday, May 23, 1995 at the Anoka County day School in the Correctional Facility and on Friday, June 2, 1995 at the Lino Lakes Elementary School. A proclamation is part of the Arbor Month ceremonies, therefore, the City Council should approve the proclamation regarding the Arbor Month celebrations, and extend Arbor Month to June 2, 1995 to include the Lino Lakes Elementary School. Council Member Elliott moved to approve the proclamation. Council Member Bergeson seconded the motion. Motion carried unanimously. Update of Lake Drive (CSAH 23)/Hodgson Road (State Highway 49) Improvement - Mr. Heth noted that at the Wednesday evening Council work session, he explained the need to find an area to mitigate some wetland along Hodgson Road. He has contacted Kate Drury at the Rice Creek Watershed District and Jon Olson at the Anoka County Highway Department concerning the alternatives to mitigating the wetlands on Outlot A, Rice Lake Estates. Ms. Drury indicated that an alternate site would be acceptable. Mr. Heth told Ms. Drury that an alternate site probably could not be secured and approved within a time span that would not adversely affect the letting of the 49/23 Improvement Project. Ms. Drury said that she would require a letter from the City stating their intent to mitigate the wetland on an alternate site and that this site be found within 60 days. Mr. Olson said he would not consider allowing any mitigation on the County right-of-way adjacent to Lake Drive but would consider allowing the City to mitigate in an area by County Road #14 and County Road #53 for a fee. Mr. Olson said he is "banking" approximately six (6) acres at that site and he would have some excess to possibly allow the City to mitigate two thirds of an acre. Mr. Olson did not know what the fee would be. Mr. Heth asked Ms. Drury if this site would be an acceptable site and she indicated that it was acceptable. There is some time to find an alternate site for mitigation. Ms. Drury does not want to impact the letting of this project. She is willing to work with the City if the City promises in good faith to mitigate the 31,000 square feet. PAGE 28 AGENDA ITEM NO. 14B STAFF ORIGINATOR Marilyn Anderson, Clerk -Treasurer DATE June 9, 1995 TOPIC Consideration of Renewal Applications Sale and Off -Sale Liquor Licenses Attached you will find renewal applications from all liquor license holders with the exception of Ross' Liquors. All the establishments have completed the proper application forms, been investigated by the Police Department, filed certificates of insurance and paid the proper fees. I recommend that the City Council approve the renewal of all of the licenses effected July 1, 1995. Ross' Liquors store is currently closed. I will bring the application for renewal of the liquor license for this establishment to the City Council once Mr. Ross has met the requirements for a license. 1. Adopt a motion approving the renewal of all liquor licenses with the exception of Ross' Corner Liquors. 2. Return the matter to staff for further information. LIQUOR CONTROL DIVISION 444 CEDAR ST -SUITE 100 L Safety ST. PAIL PIN 55101-2156 ION 4N 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license wilt be approved or released mttil the $20 Retailer ID Card fee 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 CMB S License Period Ending City/County where license approved Lino Lakes Licensee Name Nathe Brothers Inc. Trade Name 49 Club Licensed Location address 6 0 07 Hodgson Rd 06/30/95 ID# 2814 City, State, Zip Code Lino Lakes, MN 55014 Business Phone ( 6 1 2) 4 8 4— 9 9 8 5 LICENSE FEES: Off Sale $ 1 0 0. 0 0 On Sale $ 3, 000 . 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 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 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 $100,000 surety bond may be submitted in lieu of liquor liability. 71 / Licensee Signature / Lr Date S / / (Signature certifies all above information to be correct and license has been approved by city/county. / City Clerk/County Auditor Sienature (217 e -4 L— Date /5 9S (Signature certifies that an on -sale intoxi ting li uor license has been approved by the city/county as ted ove). County Attorney Signature Date County Board issued licenses only i u es licensee is eligible for license) Police/Shea Signature Date ( I0-/ (q)(Signature certifies licenseej/1IflL-__. sociates ave not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 06/09/95 08:28 FAX 9332459 LINDBERG AGENCY ._ .-_ —_ r ._^ +L. +,r y' r�r•'f r..��q�.. SCAT:OF:I URANCE •_ ? . rtpAiDelt - c lbolaVc N ` 1 SHIN -0N J. LINDBERG AGENCY SANIBEL GROUP LTD 5757 SANIBEL DRIVE BAY 105 MINNETONKA, MN 55343 iNguAtip 4 THE 49 CLUB WATHE BROTHERS, INC D/B/A 6007 HODGSON ROAD CIRCLE PINES, MN 55014 TMl8 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAWS EPEE$ ISSUED TO THE INSURED NAMED ABOVE TOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING AMY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLII:IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONWTlmNs of SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN FIEOUGE0 EY PAR) CLAIMS. VI 002/002 �'issut DME i►vlaeicw+iYi 8-8-95/MJ THIS 501TIFECXTES ISSUED n A MATTER OF INFORMATION L" A CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, This C'E'RTIFICATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 9Y THE PJCIES BELOW. _ COMPANIES AFFORDING COVERAGE JEFFERSON INSURANCE._COMPANY„,, COMPANY A I LETTER COMPANY LETTER 6 ComPANYLETTER ',"”, COMPANY D LETTER COMPANY E LETTER • TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION !i R DATE (MMMOD/YYI DATE Ei.{NIIOD/YY}• l w AW 1D�'� r**64. Mi- GE NERALLIMAL3TY COMMERCIAL DENEFAL t1 $1LITY 4 ' CLAIMS MADE t OCCUR_ DWNEWS E GONTRACTDR•s PROT. AUTQMIQS{LE LIAEILtTY ANY AUTO ,tet OWNED AUTOS SCHEDULED kuTOE HIED A%ITOC Nom -OWNED AUTt]9 ' ©ARAE LIABILITY Eft as LIAEit1TY . UMBRELLA MAN OTI1ER THAN UMORELIA FORM WORSE!N'S COMPENSATION AND BMPLAYEIS' LIABILITY DTNER A, LIQUOR LIABILITY JLL2000B7 UNITE GENERAL. ADDREcIATE_ PItODUCI$.00MPlOP Aga. ; $ PERSONAL 4 ADT. INauRY es' _.._ _..._.. • BACH OCCURRENCE FIRE DAMAGE (My era tires MEC. EUPEN$E ;Any one motif d' COMBINED SIN©LE LIMIT . BODILY INJURY (Por Pe«vi ) • WILY INJURY (Per Accident! '$ • PROPERTY DAMAGE IS ...,._� <. —=,_�.cis.r„w...—...4...-w,r+•.•------- EACH OCCURRENCE ; ABOAC-OATS I. i __.. y • q STATUTORY LAWS EACH AcCIE>2NT • 3 ' OI8EA&E—d'OLICY LIMIT t 1 DisEASE—eAGH EMPLOYEE • 1 7-1-95 7-1-9B $300.000 ANNUAL AGGREGATE oRsemPrtaK of oPIEaAlwalL.ocAttoiSYVEit srsmkL rrEms $300,000 BODILY INJURY -EACH PERSON, $300,000 EACH COMMON CAUSE, $300,000 PROPERTY DAMAGE -EACH COMMON CAUSE, $300,000 LUSS MEANS OF SUPPORT -EACH PERSON i$300,UU0 EACH COMMON CAUSE. CITY OF LINO LAKES 1169 MAIN STREET LINO LAKES, MN 55014 ATTN: MARILYN ANDERSON . ERICKSON—LARSEN, INC .� - .. CANOE�. .`�y. 4r• . l.�.E':1.•.•.r',.I7•: .:t� �;{•• .��&.4�: SHOULD ANT OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAYOR TC MAIL 1.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THS LEFT. BUT FARM:1E TO MAIL SUCH NO HCE SHALL IMPOSE NO OBLIGATION OF LIABLLITYOP ANY KIBIO UPON mg COMPANY, ITS ALAE ,.R REPRESENTATIVE AU'YHORmo REPRCALNT cc Az6e Application Date: 5/9/95 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 Business Address: Anoka County Parks & Recreation Department 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 X Government PAGE 1 SENT BY:WORD PROCESSING SST BY: Insured sit* Q 1f Ono* Chttiosaa 646 t ii4pLpair Ds* Lino Lis, iia 55014 8- 9-95 ;1O:45AM ; ANOKA COUNTY fr 39-5: 9 ' 9 7A1M ; SIIETT IPS W4NA(ERS- C`il 1{s ,3 • �i 1 01,1 iS1,211 \.\ L Company Affording Co wane Trineassistifteidsdl iBWa*Ce Company Produces 464 4568;# 2/ 2 61/7553230;5 2/ 2 issue Date 0/9/ 95 Rwsi*M*vrift* MinallorBe;i . iop Sarni Stvenlit mat Sok foo Minnt*po 1i,MN Max Typc ai Insurance • L1guorLia1411t THIS IS TO CF. f(FYTHATTHCP UCYOF1W5VRAA"t3IJSTF�mowt-MSDEE)Z si/ED TO THE INSURED NAMEDABOVEmma THE POLICY PERIOD IND lC T I). NOTWITHSTANDING ANY REQVIRtmErtaT, TpkMOLcONPh11ON OP ANY (»NTRAGT o OTHER DOCUMENT WITH RESPACI: TO WHICH THIS CERTIFICATE MAY SIE ISSUED QR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY DESCstarm THEREIN IS SUBJWI' 7n ALL THE TERMS. EXCLUSIONS, AND +dUNPr 4TONS OP SUCH POLICY. THIS CER1WICATI? 3 imp= AS A MATER OF INFORMATION ONLY ANP CONFEkS NO RIGHTS UPON m COITIFIGATE HOLDER. THISCeRTlFICAii DOES NOT AMEND. EXTBNO OR ALMA THE COVIIIRAGP.AFroRDEDBYTHE FOLIC? HEi.OW. iWatiavisf. TYr 3012 03 73 Lekahmikk 7/1/95 Witatimilsp fhf6% Lef Lozotim — Usual O 1$0 00O 1Oo,o00 mow 10,000 m,000 34,04Q 160,400 woo 100,004 30G 00 J00,400 U 300,000 - 100,000 300,000 300,000 3!1%000 300.1100 tin500,000 U 1,000400 5014000 1,000400 500,000 1,000.000 544`000 1400.000 500.000 1,600.000. 500.000. 1,000,000 EMILY /HIM Intal PERIM - Bonu,Y Imam P..acii cicxana*racct: Pappoety DAMAGE Baca OUVRAlirce Inas 01 Mien of SHPPnI(T I7AC911'GASON • Lois of /Ii of Sumacs &at OCCIIRRINCE PCIIcr AM -MAW -i- [tit u!tI.cr titai of Usz Una* 1109 min Lazed Lino tib, Its► 5 OI4 i41�ti1111f}trill POLICY REHM TFIE IIXrvuTIOP4 DAT'n sin NOM MB ISSUING =WANT WIU, MML 10 Peal WIEIT' rEs GANG LATIONNOTICEIFI(1RNONPAYMPNTAN D30DAYSWRITION C NCELLATION 1OTICE 1F FOR A Nvinan t neASOadmi%h1 { RTIPICAThHOLDSRNAI WTO Vie salt. 9 )'111!.170 111ATIVR • LIQUOR CONTROL DIVISION 444 CEDAR ST—SU I TE 100 L >afety ST. PAUL MN 55101-2156 ON N 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or rekased until the $20 Retailer 11) Card fee 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 O F S L License Period Ending 0 6/ 3 0/ 9 5 ID# 2 8 1 1 City/County where license approved Lino Lakes Licensee Name A p i t z, Janice H. Trade Name J & K Liquors Licensed Location address 60 1 3 Hodgson R d City, State, Zip Code Lino Lakes, MN 55014 Business Phone ( 6 1 2) 4 8 4- 9 273 LICENSE FEES: Off Sale $ 1 0 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 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 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. l � Licensee Signature r�u� t� (C Date - (Signature certifies all a e information to be corretTt and die has been approved by city/county. City Clerk/County Auditor Sigpature -7/-76:244 (Signature certifies that an on -sale intoxicating liqr license has been approved by the city/county as stated above). Vel . ! -L.--ti-y-L Date ' /6-1- County 6' County Attorney Signature Date County Board issued licenses only (Si; ' a ies licensee is eligible for license) Police/S•hesiff Signature / Date ((o7 (I i (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 +_< JUN— 9-95 FRI 9:03 INSURANCE OFFICE ACORD 1 CERTIFICATE O F FAX NO. 6124973646 P. 01 INSURANCE I ISSUE DATE (MN/DrJYY) 0504/95 PRODUCER Minaeaota Hospitality Ins. P.0 Pox 250 St. Michael MN 25376- Coda SLB -Cod INSURED Janice Amita d/b/a ✓ & K Li.T..ora 6013 Hodja.a Road L ino Lakes EN 55014- 4MY..a -ffc THIS CERTIFICATE IS ISSUED AB A MATTER OF INFORMATION 0Nt.5 AND CON- I PERS NO RITE UPON TEE CERTIFICATE MOLDER. TIII& CERTIFICATE DOES NOT AMEND, EXTUInOR ALTER MTV CQVBRAGE AFFORDED BY THE POLICIES 'mow. C 0 COMPANY LETTER A coM rANY LgIrBR B COMPAMT LETTER C COMPANY LETTER ! COMPANY LETTER E H PA)SI 5 6 WORDING Maryland Insurance COVER 3011.11111.53 A a s COVERJAOEE THIS I9 TO CERTIFY THAT 'IUB POLICIES OP INSURANCE LISTED $SLOB HAVE 2SEN ISSUED TO THE INSURED NAMED ABOVE FOR TEE POLICY PERIOD INDICATED, NiYIWITHBTANDING ANY REQUIRgMBrr, Tam QR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE= OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES EIJIZCRIBED =REIN IS SUBJECT TO ALL TifE T6RHS, EXCLOSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT! RHONE NAY HAVE BEEN REDDCRL BY PAID CLAIhf3. COl LTR1 TYPE OP INgEfutmcs GENE2AL LIABILITY [ jICOMM GENERAL LIAE$LITY cLAIH0 MADE OCCUR t l IOWNR,s & CONTECTR's PROT C 31 L. 31 AUTOMOBILE LLASILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED ADTO! NON -OWNED AUTOS GARDE LIAHILTTY EYCE08 LIABILITY [ 11 UMBRELLA FOI1 L 11 OTHER 7HAN UMBRELLA. POEM l POLICY 1 POLICY l 1 POLICY NUMBER Epp DATE 1 EXP DATE 1 + + +- L IMITS GENERAL ACGREGAT'E PROD-C06EP)OPE AGGRB(JT8 DBEs & ADVERTISING INJ EACH OCCIIRRBNCB PI1EB DAMAGE (ONS FIRE) MED EXPBNSB (OME PBABGN) COMBINED SINGLE LIMIT BODILY INJURY r :rz Fes ) BODILY INJURY (PER ACC) PROPERTY DJ M cB SAC& OCCURRENCE ANCREGATE [ 1 lTJTUTCRY LIMITS 1 NoEXER'S COMPHMEAflom HACf ACCIDENT AND AIEBASE-POLICY LSMI1" EMPLOYER'S LIA)3iLITY DISEAss-EACII EMPLOYEE o'TEER A 1 LIQUOR LIABILPPY PPS 22337210 07/01/95 07/01/96 PER PERSON PER OCCURRENCE AGGREGATE sa0000 6aa00o 503000 DESCRIPTION OP OPERATIONS/LOCATI41iw%VEEICLES/lPECIAL IVEms ==CERTIFICP.TR HOLDER City of Lino Lakes City Hall Lina LAkcc MN SS014- ACOED 25-S (7/90) +cf..fNfa CANcELLATI0N SHOULD ANY OB THE ABOVE DESCRIBED FOLICIR9 B@ CANCELLED BEFORE THE EXPIRATION DATE TMEREOP, THE ISSUING COMPANY !PILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO TEE CERTIRICATQ HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH Non= SHALL IM- POSE NO OBLIGATION OR LIABILITY Of ANY (CIND UPON THS COMPANY. TTS ACBNT0 OR REPRESENTATIVES, AUTHORISED RHPRBSENTATI___ MORD CORPORATION 19901 Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 190 5th St. E., Suite 105, St. Paul, MN 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released tmttl the $20 Retailer ID Card fee 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 License Period Ending 6/30/9 6 City/County where license approved CITY OF LINO LAKES Licensee Name Jim and Ann Miller, Inc. Trade Name Miller's on Main Licensed Location address 8001 Lake Drive City, State, Zip Code Lino Lakes, Mn. 55014 Business Phone 783-7106 LICENSE FEES: Off Sale $ 100.00 On Sale $ 3 , 000.00 ID # 4225403 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 fines. 1. Licensee confums 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. 5100,000 in cash or securities or 5100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature (Signature certifies a Date 57.z1/%J ve information to be correct and license has been approved by city/county. City Clerk/County Auditor Signature Date (Signature certifies that an on -sale intoxicating liquor 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 CERTIFICATE OF INSURANCE ISSUE DATE (MM{ /Y /DDY) r.i5/1;.x.1.! 95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED70 THE INSURED NAMED ABOVE FOS 1 -HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \*ti'I- nCH THIS CERTIFICATE MAv BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S I3JE CT i 0 ALL THE TERMS. EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ,A ,,I, ITY LIMITS IN THOUSANDS EA,.; A.;GREGATF. GENERAL LIABILITY r-1 COMPREHENSIVE C ORf' PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERAT!ONs CONTRACTUAL i!IDEPEIDEN' CONTRACTORS BROAD ROG/!=ROPERT. DAMA.G AUTOMOBILE LIABILITY ANY AUTO ALL OW'%E 1 k„TOS ;PRi1: cASS ALL OWNEC AUTOS (0fHFRPTASS ."Af, ) PR�V HIRED ALTOS NON -OWNED AUTOS GARAGE L,AB _'T EXCESS LIABILITY UMBRELi A :ORM OTHER i WORKERS' COMPENSATION AND EMPLOYERSLT ABILITF OTHER EAACUOEVP DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS +-• f;,;l 1 - RNWL LQMN387029 - LIMITS OF LIAB - ALL DAMAGES $100,000 EACH OCCUR $300,00 CERTIFICATE HOLDER CANCELLATION UliY (kr LINO LAKE 11L5'7.I';A.i.3`•' LINO LAKE, I,..E itN 55014 •!4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL --EN9E iiOR— O-` MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE ACORD 25 (8/84) LIQUOR CONTROL DIVISION 444 CEDAR ST -SUITE 100 L Tafel, ST. PAUL F!1 55101-2156 ON _ _. _ _. ...N 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license wit' be approved or released unfit the $20 Retailer ID Card fee 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 0 6/30/95 ID# 6 5 1 6 City/County where license approved Lino Lakes Licensee Name Shirley Kaye ' s Inc. Trade Name Shirley Kaye' s Licensed Location address 6 8 1 0 Lake Dr City, State, Zip Code Lino Lakes, MN 5501 4 Business Phone (6 1 2) 780-4181 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 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 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. censee Si atur -4 Date (Signature certifies all above information to ----71/,...4..) becorrect and license has been approved by city/county. City Clerk/County Auditor Signature `��/��r✓uo4�J (j/ ,C.CJ�, ,rte Date ���/� L1 (Signature certifies that an on -sale intoxicating liq license has been approved by the city/county as stated above). County Attome _Signature Date County Board issued licenses on ies licensee is eligible for license) Police/Sheriff 'Signature % Date (Signature certifies licensee associes ave not been cited during the past five years for any state/loc liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 N. 249—Ap7lication for Pell:lit to Hold Dances. .• Miller -Davis Co., Minneapolis To the CA.0 of the C.7.L of County of /717C Alc? , State of Minnesota: K iv L whose name and address are subscribed hereto, hereby make application for a permit to hold, 0,ive. and conduct public dance in that certain buildin0 in the y of 2 oi 7j. , County of 7.? , State of Minnesota, known and described as follows: ha vin f, 0 danciu_ol floor area of square feet, upon the date followin, to -wit: subject to such. conditions as you may prescribe and the lows of the State of Minnesota relating thereto; and to that end du submit herewith the affulavit of two freeholders as to qualifications to bold, tyiun, and conduct such dances. . . "afire 1.Z.q ;./ /ill )1 ,,Iddreic; _*tatt of Alltine5ota, County of p .4ddress .4ddress being duly sworn„ on oath say that ......he the person who made and signed the fore- eoine application; that he isa read. said application, and know the contents thereof, and that the same is true of. own, knewledee. Subscribed and sworn, to before me this C C1-1 day of Notary Public. County, Minnesota. • MARILYN G. ANDERSON NOTARYPLIBLIC.n.MINKSOTA My Commission Esmiros 01414030 APPLICATIONS ARE TO BE MADE AS FOLLOWS: (1) For dances in cities, villages and boroughs, to the governing hodie tl.errof: (2) In any aunty having within h a city of 225,000 or more people for to be held outside of such city, to the Town Boards: (3) For single dance outside of cities, villages and boroughs, to the Tnwri (4) For all other (latices, to the County Boards, NO PERMIT SHALL BE ISSUED FC.)R DANCE IN ANY ORG.: LI) TOWN OUTSIDE OF LIMITS OF CITIES, VILLAGES OR BOROUGHS, WHEN T1 -I F. TOWN k. RD SHALL HAVE PROHIBITED THE SAME BY RESOLUTION OR BY-LAW. JUN 1'95 14:33 FR TO 464456E P.01/01 ACIMIL - IF CAlEVFINSURAN mow:mg CASUALTY UNDERWRITERS, INC_ } 740 RICE STREET, SUITE 300 ST. PAYTL, MI 55113 .. ... .. ..,. _._. .. INSURED SHIRLEY ¥AYES INC_ DBA: SHIRLEY KAYE I S 6810 LAKE DRIVE LINO LAKES, MN 55014 - I6SV6 DATE(MINDOTYY _ w , /1195 TIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER ILLINOIS INSURANCE EXCHANGE COMPANY r LETTER id COMPANY LETTER COMPANY 0 LETTER CCIMPANY C LETTER G COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INFLOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI ICY PERLOO INOICATFD, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHJCII THIS CFRTtFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEb BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES UMITSS SHOWN MAY HAVE SEEN REDUCED BY PAtD CLAIMS_ CO TYPE PE INSURANCE POLICY tiUMSER MILKY Qp CTVE :•QLlV {;jIAA7AT[pN LIMITS LTR PATE {MMtdDTYY7 BATE {MtwDDNY} GENERAL -LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIA6fLITY PR)OUGT3COMPTOP AGC. S CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY F OWNER'S & CONTRACTOR'S PRO's. EACH OCCURRENCE S FIRE DAMAGE Any one IWO $ MED. EXPENSE {Ary a -w Io"T i `a AUTOM88&LE LIA8tLUTY CGru16LNEP SINTiLE E UrAtT ANY AUTO ALL OWNED AUTOS 966CY ldil URI' S SCHEOUL£o AVTos L TTHE fa 1STNES0T�, OH pa.sonl }TIRED AUTQS i'siiS 11'IS't3RANt 15 ii}E4 rURSLA'1T , �0 NCE IS PLACED .. NON -OWNED AUTOS SURPLUS LINES }NSDR>UiCE ACT, THIS 1 vSslRit STATE idOR o°'Lylawny S GARAGE IA8771TY w1Tf1 {Ute i,NSU1RER THAI 45 NOT ! 1�c�RIF COMMERCE AS Aii }DEGOGNUZED BY;HE CaMi�1SS10tiER ' OF At,1 DispuTE R£{.AT}VE PROPERTY DAMAGE 5 ••_... ' EXCESS LIARILRY EL1131... R .i • 13 •.+�+ E P(�i 1-}C' t 1 ... , EACH OCCURRING€ S UMBRELLA FORA+ TO ME TERMS OR CQN4CTUONS Q� AGGREGATE s OTHER THAN UMBRELLA FORM T10ES GF TOE thSURER, THE COMM1SSi4NER OE COCl€R E -- E S1kSPLITE.1N CA E-- 4f. MIL it ¢AYk1ENT - • CI -AIMS 15 101 & r" 3ThTVYORr UNITS WORKER'S COMPENSATION INSOLVENCY- - EAGN ACCIO€ZIT s ANC! D2VVI4E...FOUCY LtMtT S €MPLOYS<3{S' LIABILITY (DISEASE—EACH EMPLOYEE S OTHER A. LIQUOR LIABILITY TO BE ASSIGNED 711/95 7/1/96 QCCURANCE FORM I LIMITS; 300/300/300/300/184 jjUU OEC PTIBN OF OPERATIBNSILOSATIONSfYEHIGI.F.wsPECIAC ITEMS , CERTIFICATE HOLDER ' - CITY OF LINO LAKES 1189 MAIN STREET LINO LAKES, MN 55014 . • ACOHD 25-S (7t9*) CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO :' MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LES', 8UT FAILURE TO MAW SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF. ANY JCINO LEON THE COMPANY. ITS GENTS OR REPRESENTATIVES. AUR4OA • 'a. ... . - T VE r C+ACORD COHPOIIATION 1990 ** TOTRL PRGE.001 ** Application Date: 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): \\\ mice4- �--Y \� ` 'hC 2. Business Name: Business Address: 1 \i 1 V --G.\_ (Street, City, State, Zip) Business Telephone: (41 _ \S w _s Sac\ \ 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) X Corporation Partnership Association PAGE 1 AFFIDAVIT OF OFF -SALE 3.2 BEER SALES OF LESS THAN $20,000.00 I, the undersigned owner of an Off -Sale 3/2% beer establishment, hereby certify that the gross sales for the year beginning � \C\C\ and ending ,� ��� \(o will not exceed $20,000.00. BUSINESS NAME: �� �n.� ��vv�3a ti \C -, OWNERS NAME: C\CA\, ADDRESS: TELEPHONE NO.:= SIGNATURE: Application Date: 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): ID h 2. Business Name: T Y✓ i n (t, J i N s c T f S L L ,) c Business Address: �2 ,� G ,S , )v- e j j , // 3 ✓K J «_ ) ))jV S (Street, City, State, Zip) Business Telephone: L/ S - 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) Y Corporation Partnership Association PAGE 1 AFFIDAVIT OF OFF -SALE 3.2 BEER SALES OF LESS THAN $20,000.00 I, the undersigned owner of an Off -Sale 3/2% beer establishment, hereby certify that the gross sales for the year beginning /y yJ and ending / 7 1 ` will not exceed j2o1(oo.00. 'JJ BUSINESS NAME: OWNERS NAME: ADDRESS: h L , r l L k7 L C T ,7 - rye r TELEPHONE NO.: SIGNATURE: T Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 190 5th St. E., Suite 105, St. Paul, MN 55101 (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license wig be approved or released untti;the $20 Retailer ID Card fee b 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 MC L O N S S License Period Ending 06/30/95 ID# 1025 City/County where license approved Lino Lakes Licensee Name VFW 6 5 8 3 Trade Name Circle -Lex VFW Post Licensed Location address 7 8 68 Lake Dr City, State, Zip Code Lino Lakes, MN 5 5 0 1 3 Business Phone (6 1 2) 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 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 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. tel: Licensee Signature 0 m4er-vte �t � ' Date (Signature certifies all above information t e correct and li se has been approved by city/county. City Clerk/County Auditor Signature /3 .� iJ - CCA -0 z5,... Date "57/0 S (Signature certifies that an on -sale intoxicating liqubr license has been approved by the city/county as stated above). County Attorney Signature Date County Board issued licenses only 'gnatur- , ifies licensee is eligible for license) Police/Sheriff Signature Date Q (Signature certifies licensee o associ es ave not been cited during the past five years for any state/loca(07 quor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-94 PRODUCER CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LGaiiIN R. SERVICES F. O. ) GI: 'Ii V67T KANSAS CITY, NC 64141-0679 INSURED !RCLE-LEX VFa POST 16583 -/S6.8 LAKE uRIvE LINO LAKES, Ihty 550t ISSUE DATE (MM/DD/YY) COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE GOLF Ii1:L•hii,^i%E COIiF'ir,. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ,LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/OD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT DISEASE—POLICY LIMIT DISEASE—EACH EMPLOYEE $ $ OTHER r: LIIfUGR LIAB:LIT( CLF 7C, ti 86-C NPR AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - CERTIFICATE HOLDER ..:,.i if iCA E 0127:00064j CH"; GF LINO LAKES, ii I'. AAIN STREET LNG LAKES, ACORD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL !I. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IND UPON THE ' •MPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP ©ACORD CORPORATION 1990 STAFF ORIGINATOR DATE TOPIC A KGRI AGENDA ITEM NO. 14C Marilyn Anderson, Clerk -Treasurer June 9, 1995 Consideration of an On -Sale 3.2 Beer License and Cabaret License for St. Joseph Catholic Church The annual St. Joseph August Festival will be held on August, 12 and 13, 1995. The festival will be held in the church parking lot. A license is required for the sale of 3.2 beer and a cabaret license is required for the dances held on each evening. A gambling license is also required. The gambling license request was approved with the consent agenda this evening. A certificate of insurance accompanied the application forms. There have been no report concerns regarding this annual event. 1. Adopt a motion approving both the 3.2 Beer License and the Cabaret License. 2. Return the matter to staff for further information. 3. Deny the request. Option No. 1 No. 2941— ate Form 108. BUSINESS RECORDS CORPORATION. MINNESOTA STATE OF MINNESOTA Combination Application for Retailer's (On -sale) e) Non -Intoxicating Malt Liquor License To the City of Lino Lakes Name of licensing, authority teoun ty) (city) County of Anoka I, St. Joseph parish t,fIli,- tit y, or , town of Lino Lakes county of Anoka State , , of Minnesota, hereby make application for a Retailer's (0n -sale) (Off -sale) Yon -intoxicating Malt Liquor License to sell sue le .1lol1 liquor tinder and pursuant to tin. ordinance (resolution.) passed by city council, corn,-lq board of and Chapter 840, Minnesota Statutes 1945, as amended, providing for licensing and regulating the ,ale of non -intoxicating malt liquor. During the five my residence has been as follows • past years, I was born at M•r. Day Year City Borough lawn State or County I ami a (native) (naturalized) citizen of the United States. I am married. My (wife's) (husband's) name and address is I am — proprietor. T Firm was incorporated 1891 in the state of Minnesota Corporation is authorized to do business in Minnesota. License is for 161 Elm Street (street) (highway) located a8 follows: The licQnse will be in connection with August Festival Drug Store. Cafe. Restaurant. l4otal. Club which has been in operation 1 04 years Months Years The establishment is located on the 161, 171, 202 Elm Street floor. The business premises are owned by St. Joseph Pari sh 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: 1 have never been convicted of a felony nor of violating any National or state liquor law or local ordinance relating to the manufacture, sale or transportation, or possession for sale or transportation of detoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises. I ani the owner of the leasehold, furniture, fixtures, and equipment in the premises for which the license is applied, except Dl/ P. 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 beat of my knowledge and that I agree to comply with all the provisions of the ordinance under which this license is granted. -41— Subscri, nd sworn to before me this ..---- day �' _ 19 �jJ 0C k.,,, 1() . %,y,_, dayu,.?-u� 7 het <n 4�. ,,e e NOTE: Lice • be issued only to persons who a citizens of the United States and who s of good moral character and repute, who m attained the age of 21 years and who are proprietors of the establishments for which the licenses ere issued` Laws 1949, a 700. DATE: CITY OF LINO LAKES CABARET LICENSE APPLICATION June 8. 1995 APPLICATION NO. NAME OF BUSINESS/ORGANIZATION St. Joseph Parish CONTACT PERSON: NAME ADDRESS TELE. NO. ,„7°as bie'Act Darlene M. Newman 171 Elm Street 784-3015 NAME OF APPLICANT: NAME St. Joseph Parish ADDRESS 171 Elm Street TELE. NO. 784-3015 DESCRIPTION OF EVENT/ENTERTAINMENT August Festival DATE(S) OF EVENT August 12, & 13, 1995 TIME PERIOD(S) EVENT WILL BE HELD Aug. 12th 6 PM to 10 PM Aug. 13 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 PQ &w /37. DATE OF CITY COUNCIL APPROVAL f THE CATHOLIC MUTUAL RELIEF SOCIETY 4223 CENTER ST, OMAHA, NE 68105 CERTIFICATE OF COVERAGE This is to certify that the following coverage is in force issued in the name of: ARCHDIOCESE OF ST PAUL -MINNEAPOLIS CHANCERY OFFICE 226 SUMMIT AVENUE ST PAUL, MN 55102 Certificate Number: 8589 Term: 7/01/95 - 7/01/96 Covered Premises: Location/Property ST JOSEPH PARISH 171 ELM STREET, LINO LAKES, MN 55014 Real Property Personal Property Deductible Coinsurance General Liability 500,000 Medical Payments (Combined single limit) (Each person -excluding school students) Excess Liability 1,000,000 COMMENTS: COVERAGE EXTENDS TO AUGUST FESTIVAL ON CHURCH GROUNDS, AUGUST 12 & 13, 1995, INCLUDING LIQUOR LIABILITY & FIDELITY FOR CHARITABLE GAMBLING WITH $10,000 LIMIT. In the event of cancellation of this coverage the Society will mail notice thereof to: CHANCERY OFFICE ST PAUL, MN Should any of the above described coverages be cancelled before the expiration dates thereof, the carrier will endeavor to mail 30 days written notice to the certificate holder, but failure to mail such notice will impose no obligation nor liability upon the Society. Dated at OMAHA, NE Form Number E20017 This 1ST Day of JUNE 1995 BY " Authorized Repz'esentative AGENDA ITEM 14 0 ORIGINATOR Randall B. Schumacher, City Administrator June 9, 1995 Setting Budget Meeting with Department Heads KGrOUND Annually the City Council meets with administration and department heads to the proposed budget for the upcoming year and discuss department needs and ms. This process usually takes one full day. 1 would like to have th Council Jle one day during the week of August 14 -18th to complete this review. st 14th is a council meeting) )MMENDA.TI( 06/06/95 06/30/95 07/06/95 CITY OF LINO LAKES 1996 BUDGET SCHEDULE Department heads receive workpapers Forms are returned to Finance Departments meet with Finance Director to prioritize needs 07/10/95-07/14/95 Administrator meets with Departments L�- 07/19/95 Administrator makes recommendations i 08/14/95-08/18/95 Department heads meet with council 08/23/95 09/11/95 Council receives completed preliminary budget Council adopts proposed budget