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HomeMy WebLinkAbout02/27/1995 Council PacketAGENDA CITY OF LINO LAKES Monday February 27, 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: Regular Council Meeting, February 13, 1995 REGULAR AGENDA Open Mike 1011" oo l w i .� 2. Consideration of Disbursents: 37 February 13, 1995 /A31( February 27, 1995 Centennial Fire District Consideration of Resolution No. 95 - 25 Supporting Passage of the Minnesota Emerging Communications Services Act of 1995, Dan Tesch Planning Report, Mary Kay Wyland "yfr SECOND READING, Ordinance 01-95, Clearwater Creek Rezone Consideration of Preliminary Plat, Clearwater Creek. Consideration of Conditional Use Permit, Kids at Heart Child Care, 7330 Lake Drive D. Consideration of Resolution No. 95 - 24 Setting Public Hearing to Vacate a Certain Drainage Easement on Lots 5 AGENDA & 6, Block 2, Rohavic Oaks, Second Addition E. FIRST READING, Ordinance No. 02 - 95 Amending the Zoning Code, B1, Subd. 29. Fences and Walls Provision F. Consideration of MUSA Comprehensive Land Use Plan Amendment 5. City Engineer's Report, John Powell 6. 6:50 P.M. PUBLIC HEARING,_ Improvement of Woods of Baldwin Lake, Second Addition, John Powell A. Consideration of Resolution No.95 - 26 Ordering Plans and Specifications for Woods of Baldwin Lake, Second Addition, John Powell 7. Consideration of Resolution No. 95 - 22 Accepting Donation from the Ladies Auxiliary VFW, Post /6583, Chief Pecchia 8. Consideration of Resolution No. 95 - 23 Designating Community Development Block Grant Funding for 1995/1996, Randy Schumacher 9. Consideration of Designating Legal Depositories, Randy Schumacher 10. Consideration of Awarding Bids for Dump Truck Equipment, Randy Schumacher 11. Consideration of Appointment of Council Liaisons, Randy Schumacher 12. Old Business A. Verbal Update, Senior Housing, Randy Schumacher 13. New Business A. Set Public Hearing to Redesignate a Portion of the 1994/1995 Community Development Block Grant for Monday, March 27, 1995, 6:40 P.M., Randy Schumacher 14. Adjourn 2/24/95, 12:00 Noon PAGE 2 4 A - SECOND READING, Ordinance 01-95, Clearwater Creek Rezone from Rural to R-1 Residential' Clearwater Creek� �� � -(16 The City Council approved the first reading of Ordinance No. 01-95 at theirl February 13, 1995 meeting. Action on the Preliminary Plat for Clearwater Creek was delayed to give the staff additional opportunity to respond to citizen concerns relating to the plat. A neighborhood meeting was held `03n Wednesday, February 15, from, 6:00 P.M. to 10:00 P.M. to answer neighborhood concerns. A list of those present is attached for Council review. Please refer. to `.Green Sheet from February 13. 1995 meetjnq for detailed, staff report and information relating to the rezoning and preliminary.plat An updated report from NAC and TKDA relating to the revised preliminary plat is attached for Council information. 1. Approve Second Reading of Ordinance No. 1-95 Rezoning Clearwater Creek from. Rural to R-1 Residential 2. Approve preliminary plat for :Clearwater outlined in MAC report dated February 24, 1.99 3. Return to staff for further consideration Option 1`a 2 Council Member introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ANOKA COUNTY ORDINANCE NO. 1 - 95 AN ORDINANCE AMENDING ORDINANCE B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO SINGLE FAMILY RESIDENTIAL (-1), CLEARWATER CREEK The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from Rural (R) to Single Family Residential (R- 1) pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: INSERT LEGAL DESCRIPTION II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in force and effect from and after its passage and publication according to the City of Lino Lakes this 27th day of February, 1995. ATTEST: Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. February 15, 1995 CLEARWATER CREEK NEIGHBORHOOD MEETING NAME /21- 2 // /0c.Ifin fila /ply ( yiL/`772/744/,c: G �jC =rte i 1�-cf. cAm C) 7 it ADDRESS 7 d % /UJ /45 c?/44(2 A - tJ L1( > s /tee 66o`� 0-4-€)1L4ko Ad- //1u. „5-5-L-= G5 7 i 2V Z 7_S /frG/ `i O"C -j /il'L� (127176'1 r / J<i l Lc l� ` C;�z d� f� /_ 1, `2 3 -4 2 ( /f / )) d 7 ( N1<< pkms, e..).-tt e ko ( veti P-et ct\a t )( k L. I Off\ - L •-•L k Z,P 1 tJ .- z\'° FEB -24-19W 11: t=gyp h C 512 595 9837 P. 02/03 tP "a Northwest Associated Consultants, Inc. C URBANP L A N N I N G • D F $! r N• M A R K F T MFQIFAACM MEMORANDUM TO. Mary Kay vJy laud FROM: Bob Kirmis DA l'E: 24 February 1995 RE: Lino Lakes - Clearwater Cry Rezoning/Preliminary Plat FILE NO: 194.01 - 94.07 At your request, we have conducted a review of the revised Clearwater Creek preliminary plat dated 8 February 1995. The revised preliminary plat proposes 153 single family lots over a 112.9 acre site, located east of Interstate 35E and south of Cedar Street. Such ptnposal contrasts the previous preliminary plat submission dated 26 September 1994, which proposed 157 lots upon a 121 acre site. The proposed subdivision will open a new area of Lino Lakes up for development, The successful development of the residential plat will offer the City the opportunity to provide municipal utilities to the I-35/County Road 14 interchange area opening areas of commercial and industrial zoning up for economic development. This prospect is keeping with the Lino Lakes 1990 Comprehensive Plan amedment, the position set forth in the Lino Lakes/Centerville annexation dispute, and the economic development objectives of the City. hi preparing for this new development opportunity, the City has completed the following studies: �a TKDA : ArmWide Utility Feasibility Study SEIL Otter Lake Improvement and Alignment OSM: lin couperaiion with the City of Hugo, the City has completed an area Storm Water Management Study 5775 Wayzata Blvd.- Suite 555 -St. Louis Park, MN 55416 (612) 595 -9636 -Fax. 595-9$37 FEB -24-199 11:A8 NAC 612 595 9837 P.03/03 -t$aviatig r repleted th aoorern nt n ed c,4.idie.. our ,r.f .+n +-+.coairn. nds approval ....vi e,Y «ux q.�.'cxa the wa LviaLVUWVI.a�a ucitaaalNw� Lu1 vial+,.v lyy�/A �ylu Vi L4Ji! Q�/I.11LlY Ql of the 1GbLp+.rlj Clearwater Creek preliminary plat dated 8 February 1995 subject et(.CP the following conditions: 1, The City approve the requested rezoning of the subject property from R, Rural to an R- 1, Single Fancily Residential zoning designation. 2. A landscape plan is submitted which illustrates the screening of lots that abut either Otter Lake Road or Cedar Street. 3. The following precautions are taken in the event that adjacent southerly development does not occur in the immediate Mum. a. Those lots west of Street A which receive access from Street. 11 be excluded fivui the subject plat at this time and be developed as a future phase in conjunction with future southerly development. b. Provision is made to provide a possible Street. E loop within the boundaries of the subject site. 4. A temporary cul-de-sac is provided at the southern terminus of Street A. 5. The City Engineer provide cominentlrecornmendation in regard to street width requirements. 6.A,nl ac sspnermit is obtained from Anoka County Highway to accommodate propose; County Ro(tad. access. 64 7. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 8. The submitted utility plan is subject to review and approval by the City Engineer. 9. Park land dedication, as recommended by the Park Board and depicted upon the revised plat, is formally dedicated to the City. 10. All wetland related recommendations offered by the Army Corps of Engineers. Rice Creek Watershed District, and City Engineer are satisfactorily met. 11. The submitted phasing plan is subject to City approval. 13 0 TOTAL P.073 TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHO4E:612292-4400 FAX:612/292-0083 Mary Kay Wyland Reference: Preliminary Plat/Rezoning Copies To: Clearwater Creek Subdivision John Powell From: Acting City Engineer Lino Lakes, Minnesota Date: February 10, 1995 Commission No. 10414-953 Since the Planning and Zoning Commission acted on this matter at their November 9, 1994 meeting, additional review of the engineering matters related to this subdivision has been completed. An update on these matters is as follows: Drainage A hydrologic study funded jointly by the cities of Hugo and Lino Lakes for the Clearwater Creek watershed has been completed by Hugo's consulting engineer. The preliminary findings of this study were discussed in detail at a joint Council meeting held between the two cities on February 1, 1995. A great many details regarding the implementation and financing of any improvements to be made in the watershed have to be worked out by the two communities. However, the preliminary findings as discussed indicated no unusual drainage concerns regarding the subdivision. The developer will have to comply with all Rice Creek Watershed District requirements and the City's Surface Water Management Plan. Wetlands A copy of a letter from the Rice Creek Watershed District to the developer's engineer has been received confirming their agreement with the wetland descriptions and determinations. Traffic A study of the sketch plan of the proposed subdivision was prepared by SEH in August of 1994. This study indicated that the five phase development proposal of which this preliminary plat is a part, would not create significant traffic volumes. An expanded study was then prepared in January of 1995 which looked in more detail at the areas surrounding the proposed development including the City of Hugo. The following items should be noted: Memorandum February 10, 1995 Page Two 1. The developer has shifted the proposed Otter Lake Road connection to a point with more acceptable site lines. Anoka County has been contacted by the developer's engineer and does not object to this connection point. 2. A future phase of this subdivision shows an east -west roadway generally aligned with the 134th Street connection to Elmcrest Avenue considered in Hugo's Draft Transportation Study. In order to discourage the traffic from the east from continuing through this residential neighborhood, some discontinuity in the roadway should be considered. Hugo representatives are aware of this concern_ Sanitary Sewer The 1990 Comprehensive Sewer Plan for Lino Lakes approved by the Metropolitan Council allows the City to connect directly to the MCWS forcemain located in Cedar Street at the north end of the proposed subdivision. A lift station would be constructed as part of this subdivision consistent with the Preliminary Utility Planning review of this service area. Water System The Preliminary Utility Planning review which I presented to the City Council at a work session last fall indicated that initially a well with a hydropneumatic tank would be constructed to serve this area; but, after the first two phases of the subdivision were constructed, a storage tank must be considered to provide any additional service. A Preliminary Report on the well for this area was completed in January of 1995. Its fmdings and cost estimate for the well and pumphouse are consistent with the Preliminary Utility Review done in October of 1994. Financing The estimated trunk sanitary sewer and watermain assessments generated by the proposed preliminary plat are adequate to offset the cost of the trunk improvements required for serving the subdivision. Summary The additional information received regarding engineering matters since the Planning and Zoning Commission action on this matter supports the previous engineering recommendation to approve the rezoning and preliminary plat. JMP:j AGENDA ITEM 4 E STAFF ORIGINATOR Mary Kay Wyland DATE February 23, 1995 1S TOPIC Ordinance No. -95 REVISIONS TO FENCE ORDINANCE PUBLIC HEARING At the request of our Building Inspector, City Staff has reviewed the existing fence ordinance and proposed the changes highlighted on the attached ordinance. These changes were initiated by citizen request and involve the following: A) Change ordinance to allow a 6' fence to be installed from the front of the home to the rear property line. Existing ordinance provides for a 6' fence from the back of the house to the rear property line. B). Change the requirement providing for 30% of open area to 10%. This change would allow purchase of standard type privacy fences offered for sale at Knox, Menards, Etc. C). Clarify the section relating to the side of the fence considered to be the face. We have reviewed the fence ordinance in several adjoining communities including Circle Pines, Blaine, Hugo, Forest Lake, White Bear Township, New Brighton, and Arden Hills. These ordinance were reflective of the changes we are proposing. The Planning & Zoning Board held a Public Hearing on February 8, 1995 and recommended approval of the attached Ordinance. tri �w�er�s Approve First Reading of Ordinance No. 2. Return Ordinance to staff for further consideration -RECOMM ATi option 1 Council Member introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 1-95 AN ORDINANCE AMENDING SECTION 4, SUBD. 29 FENCES AND WALLS OF THE CITY ZONING ORDINANCE APPENDIX B1 The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION NO. 1. Section 4, Subd. 29 Fences and Walls, is hereby deleted and replaced by the following: Subd. 29. Fences and Walls. Fences and walls shall require a building permit and shall be permitted in all yards subject to the following: (1) Prior to issuance of a building permit for any boundary line fence, abutting property owners shall be notified. 2) Solid Walls (such as masonry construction) in excess of forty-two (42) inches in height shall be prohibited. (3) Fences in residential districts may be located in any yard to a height of four (4) feet, except that a fence up to six (6) feet in height may be erected from the nearc3t rcar corncr the trentfacade of the principal building to the side and/or rear lot line. Wire fences shall not be permitted in p residential areas, X3.3 '� ` fit ticiY1 ct chain link fences, (4) Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more than four (4) feet. (5) Fences located eight (8) feet or more from the rear lot line may be up to eight (8) feet in height, except that fences for tennis courts maybe up to twelve (12) feet in height with (ten ) foot �s9etback a at 3 figs line behind t o r :i atructure, (6) Fences in Business and Industrial districts may be erected on the lot line to a height of six (6) feet; to a height of eight (8) feet with a security arm for barbed wire. (7) That side of the fence considered to be the face (facing as applied to fence posts) shall face abutting property. ht ljd frit* thit t4tytitt (8) No fence shall be permitted on public rights-of-way. (9) Fences which are ninety percent (90%) open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of containing non-domestic animals are not subject to the provisions of this ordinance and do not require a building permit. Chain link fences shall have round street parts and braces. (10) Fences shall be at least thirty perccnt (30%) titittlAtitittlit 116%) open to provide space for the passage of air. No used material shall be used in construction of fences. SECTION NO. 2. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed this day of , 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer Motion for adoption of the foregoing ordinance was seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR DATE TOPIC BACKGROU ........................ Mary Kay Wylanl February 23, 1995 Vacation of Drainage Easement, 2nd Addition The vacation of a drainage easement through Lots 5 and 6, Block 2, Rohavic Oaks 2nd Addition is necessary to clear the title for these two properties. This easement was recorded as the Southwesterly 15 feet of Lot 17, Block 2 Rohavic Oaks which was subsequently replatted as a portion of the Rohavic Oaks 2nd Addition and never vacated when that plat was approved. The City Attorney has recommended that this item be continued to the March 27, 1995 City Council Meeting. Notification in the Legal Newspaper referenced a St. Paul Water Utility easement when, in fact, this easement relates to a City of Lino Lakes easement for drainage purposes. At this time it would be appropriate for the City Council to adopt the attached Resolution setting a Public Hearing for Monday, March 27, 1995 to consider the Vacation of this drainage easement. ,OPTIONS Adopt Resolution No. 95-24 setting a Public Hearing for March 27, 1995 to vacate a drainage easement in Rohavic Oaks 2nd Addition. RECOMMENDATION..: Option 1 CITY OF LINO LAKES RESOLUTION NO. 95 - 24 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF A DRAINAGE EASEMENT ON LOT 5 AND LOT 6, BLOCK 2, ROHAVIC OAKS, SECOND ADDITION WHEREAS, a 15 foot wide drainage easement was recorded over the southwesterly border of Lot 17, Block 2, Rohavic Oaks at the time the plat was recorded, and WHEREAS, this portion of Rohavic Oaks has been replatted into Lot 5 and Lot 6, Rohavic Oaks, Second Addition and proper drainage easements were recorded over Lot 5 and Lot 6, Block 2, Rohavic Oaks, Second Addition at the time the plat was record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, March 27, 1995 at 6:30 P.M. to consider the vacation of the drainage easement as shown on the attached map. Adopted by the Lino Lakes City Council this 27th day of February, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer '7 FAS ./A < --••`2°), \ ‘"'• ,h• O :E• ‘1, NORTH a/P fc-e. 1%; 16 e90. 00 ,y,61 - ROHAVIC OAKS CITY OF LINO LAKES COUNTY OF ANOKA /5'22 ---- - 12 /....•,.R.„; 0400 49:eirl/1" 0'0 oh -3 cb ••,'" — / 9./0. 44. 0 14 /Y619 '0/ 4'30.00 490.00 13 /90.00 ,...1,4f ,,.. • ... .... -9.?(Ir. _ ,...,..r... I 5 . , 0441 \ N'l , % k,•+ 0`1‘) •.* /90.00 8 40.-14 /m., at .6,o/ ./, Sue :;':.,'6;/'.,,,,--,,,, ti ,< ,,,‘ _ 0 \ t 1, o N i',', 41 5 e \,, I i - -ftee°,1-6 0 4, ,, • 0 / .6' r , , 0 /99. 0.c I 5 N09°66:97 "IV „,../ 8 ir8e'se'Bp-ff 4'0,5:00 „ 9 4 'R991.9 .9,17a2 , \ 90 AGENDA ITEM 4 F STAPP ORIGINATOR Mary Kay Wyland DATE February 23, 1995 TOPIC MUSA Comprehensive Land Use Plan Amendment Attached, for Council consideration, is a detailed MUSA Amendment Report prepared by Northwest Associated Consultants. This report outlines the technical aspects of the amendment and the methods used to obtain the data contained within the report. Additional information includes a map outlining, in shaded cross- hatch form, those areas staff would recommend including in the designated growth area. The growth areas are in the vicinity of existing utilities. A neighborhood Meeting was held for property owners within the designated growth. Approximately 30 property owners attended this meeting. Some expressed interest in being included in the growth areas and others indicated a desire to be excluded. To facilitate those property owners nix_ wanting their property included in the growth area, the map was revised and properties deleted from the growth area as requested. A copy of the revised map is enclosed for your review.e(' Ya c�, Q Three tables have been prepared outlining the following: Table 1 - Breakdown of acreage within the City according to various categories and an explanation of those categories. Table 2 - Breakdown of acreage within the City. Table 3 - Inventory of Upland Acres within Growth Area. The Planning and Zoning Boardheld a Public Hearing on February 8, 1995 to review the MUSA Comprehensive Plan Amendment and recommended approval of the Amendment on a 4 to 2 vote (Schones and Landers voting nay). 1. Authorize City Staff to pursue MUSA Comprehensive Plan Amendment with Metropolitan Council Staff. 2. Retultn to staff for further consideration. COMI1EI Option 1 1,6 '1/41'\`"AO 450 a( ' 12/93 Areas Crura ..Craica „Zea a' 9.ruc rta uy Sfrzeaddeel CITY OF LINO LAKES —i 0 MUSA Acres Metropolitan Urban Service Area 4050 Commercial Zoned MUSA Industrial Zoned MUSA Public Zoned MUSA Residential Zoned NB, LB, SC, C8, or GB Zoning within MUSA GI or U Zoning within MUSA PSP Zoning within MUSH R-1, R -1X, R-2, R-3, R-4, R-6, and R-7 Zoning within MUSA 475 Total Residential Developed MUSA NWI Acres within MUSA MUSA acres containing platted subdivisions. Available Acres within MUSA Area of National Wetland Inventory within MUSA boundaries. Upland area of lots within the MUSA, larger than 5 acres, zoned residential. Upland area being defined by the NW1 or the 1977 county delineation (on the base map) whichever is more restrictive. 895 Non-MUSA Acres Total city acres minus MUSA acres. 17315 State ROW Acres Lake Acres County Park Non-MUSA NWI Acres All the acres within the ROW of 35E and 35W. All the acres within All the acres in the the 13 "Named" lakes in the city. county park not including the lakes. 560 3110 Non-MUSA Available Acres All the NWI outside the MUSA boundaries. This includes the 3110 acres of lakes. Upland area of lots not within the MUSA, larger than 5 acres, zoned residential. Upland area being defined by the NWI or the 1977 county delineation (on the base map) whichever is more restrictive. 3770 Total NWI Acres All the National Wetland Inventory acres in the city;' 8670 Total Available Acres Upland area of lots within the CITY, larger than 5 acres, zoned residential. Upland area being defined by the NWI or the 1977 county delineation (on the base map) whichever is more reshct!ve 4665 Total Acres All the acres within the cities boundaries 21365 2/I,cclraee �aed -r4\le 1 2/23/995 12/93 Areas i/2!clrad zaea Cryo C'aEca 2a4d 9.usentoay- S,F✓eadalcect CITY OF LINO LAKES 0 MUSA Acres Commercial Zoned MUSA Industrial Zoned MUSA Public Zoned MUSA Residential Zoned MUSA Total Residential Developed MUSA NWI Acres within MUSA Available Acres within MUSA Non-MUSA Acres State ROW Acres Lake Acres County Park Non-MUSA NWI Acres Non-MUSA Available Acres Total NWI Acres Total Available Acres Total Acres 4050 475 420 265 890 1225 820 895 17315 560 3110 2440 7850 3770 8670 4665 21365 --7-R\z\e, a 2/23/995 Inventory of Upland Acres within the Growth Area ( 2/24/95 MAP ) Upland Acres Growth Area Acres Percentage Upland Section 7 157.55 241.79 Section 8 20.93 20.93 Section 17 32.89 35.85 Section 19 2.16 2.16 Section 24 41.12 84.22 Section 27 43.4 129.6 Section 28 0 31.2 Section 29 24.04 33.67 Section 31 71.46 107.2 Section 32 56.07 88.27 65% 100% 92% 100% 49% 33% 0% 71% 67% 64% TOTAL 450 775 `-7'G\1e. 3 58% 2/24/95 AGENDA ITEM 6-A STAFF ORIGINATOR John Powell. Acting City Engineer DATE February 24. 1995 TOPIC Resolution No. 95-26 BACKGROUND: Woods of Baldwin Lake - 2nd Addition Ordering Preparation of Plans and Specifications A Feasibility Report has been prepared for this project and the Public Hearing is scheduled for February 27, 1995. Preparation of Plans and Specifications can begin upon receipt by the City of adequate financial security from the developer. OPTIONS: 1. Approve Resolution No. 95-26 ordering the preparation of Plans and Specifications for Woods of Baldwin Lake - 2nd Addition. 2. Return the matter to City, staff for review. RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-26 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR THE WOODS OF BALDWIN LAKE - 2ND ADDITION. WHEREAS, pursuant to Resolution No. 95-03 of the Lino Lakes City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, Resolution No. 95-04 of the City Council adopted the 23rd day of January, 1995, fixed a date for a public hearing on the proposed improvements. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 27th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 27th day of February, 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 6 STAFF ORIGINATOR John Powell. Acting City Engineer DATE February 23. 1995 TOPIC Public Hearing for Woods of Baldwin Lake - BACKGROUND: 2nd Addition Utility and Street Improvements The preliminary plat for the Woods of Baldwin Lake - 2nd Addition was approved with conditions by the City Council on October 24, 1994. In response to a petition received by the City from the property owners within the project area, a report has been prepared evaluating the feasibility of installing public improvements to serve the area. These public improvements would include sanitary sewer, watermain, storm sewers, and streets. The information contained within the report will be presented at the City Council meeting and public input will be received. OPTIONS: Public input will be received at the meeting. RECOMMENDATION: No action required. AGENDA ITEM N0. 7 STAFF ORIGINATOR David J. Pecchia, Chief of Police DATE, January 24, 1995 TOPIC Consideration of Resolution No. 95 22 Accepting Donation From the Ladies Auxiliary, Circle -Lex VFW Post #5583 for the Support of the D.A.R.E. Program Within Lino Lakes and Rice Lake Elementary Schools commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in the local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E. Program will become totally funded through donations from the community. The Ladies Auxiliary, Circle -Lex VFW Post #6583 is aware of this goal and has donated S1,000.00 toward the cost of administering the Program in the local elementary schools. The purpose of Resolution No. 95 - 22 is to publicly thank the Ladies Auxiliary, Circle -Lex VFW Post #6583 for their generous donation. 1. Adopt Resolution No. 95 - 22 accepting the donation. 2. Return the Resolution to staff for further information. Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 95 - 22 A RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW, POST #6583 FOR THE SUPPORT OF THE DARE PROGRAM WITHIN LINO LAKES AND RICE LAKE ELEMENTARY SCHOOLS WHEREAS, WHEREAS, The Lino Lakes Police Department began teaching the D.A.R.E program in local elementary schools in January, 1995; and The curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS, the Ladies Auxiliary VFW, Post 6583 was made aware of the desire for the Lino Lakes Police Department to teach this program in the elementary schools and has donated $1000.00 to the City to defer the cost of this program. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $1000.00 to help fund the D.A.R.E. program and wishes to express its sincere gratitude and appreciation to the Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 27th day of February, 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. Minnesota Lawful Gambling Request by a Government to Spend Gambling Funds Goverriirient Information. Name of Government Requesting Funds Lino Lakes Police Department Phone Numoer ( 612) 780-0605 Adoress 7731 Lake Drive City Lino Lakes State MN. Zp Code 55014 Check type of government making request: X City I 1 County f 1 Township 1 School District No. of l 1 State of Minnesota, Department of , Division of 1 1 United States, Department of , Division of Other Governmental Entity - specify Organization In forrnatiart Organization Ac•D/gS !u.r// A.4 frz/ 6-4-Y3 Phone Number (67" ) . r- / Aaadre/ss. City State 7 �G`,tAx-G De J f nJ6 , \M h S fG L License Numbef 0G/i-c0/ Zp coca Lawful Purpose Request The above-named government requests lawful g—amobng profits for the following purpose: (explain expenditure - anach additional sheets if necessary. Support of the D.A.R.E. Program within Lino Lakes and Rice Lake Elementary Schools. Amount requested $ /I c•07) Educational Materials used during the 17 week program. $4,300.00 Wages for D.A.R.E. Instructor. $8,000.00 • By completing and signing this form, the govemmenrs agent confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below and may be renewed at the request of the local governing body. S.gnaau• pov.mm.i agent Pnnt nam. I Tit7. Chief of Police 0at. 01-19-95 Use of Form: 1. If an organization wishes to cJnnnbute gambling funds to a governing body, the governing body must complete this form. 2. Aporovaf of the gambflno Control @card la not rsoulred _ 3. The form should be kept on file by the licensed organization. 4. o• o lou . .0 •••ul: ;••.g o .n 1 whl tuna •r• seen l0C6 Vi AGENDA ITEM 8 STAFF ORIGINATOR Randy Schumacher DATE February 24, 1995 TOPIC Adopting Resolution 95-23, Designating Community Development Block Grant Funding for years 1995-1996. Please find attached Resolution 95-23 detailing the allocation of 1995-1996 Community Development Block Grant funds. These are federal funds administered through Anoka couty for which the City is able to distribute to local organizations for services. These organizations must generally provide assistance to the elderly, diabled or low to moderate income residents. Approve Resolution 95-23 as presented (Administrator's recommendation): Program Name ACCAP Alexandra House 1994-1995 1995-1996 1995-1996 1995-1996 Present Requested AdministratoSt Council Funding Funding Recoitimendapons Recommendation 500 3,637 3400 500 5,000 t 00 Pro Forest lake Y Meals on Wheels u 500 1,000 500 2,000 5, 10 2,000 Lino Lakes Senior Coor 0 2,783 Land Use Housing Need/t i3ev Impact Study (continuation) Land Use Housing Need/Econ 0ev Impact Study Phase 1 No. Suburban Consumer Advocates for the Handicapped Rise, Inc. 13,000 15.621 14,601 0 15,000 10,000 8,500 0 0 0 1,500 0 500 1,000 0 Total 47,541 37,601 2. Reallocate funding distribution and/or add alternative projec ..................... RECO! �JEM VA TION Reco emend option CITY OF LINO LAKES RESOLUTION 95-23 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1995-1996. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1995-1996 in the amount of $37,601.00 ($38,601.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach Program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its its goal of providing service to the communities youth, and WHEREAS, City Council supports the Meals on Wheels Program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. funds since its inception, and WHEREAS, The City Council supports the continuation of the Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update), and Page 2 Resolution 95-23 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,500.00 of its 1995- 1996 C.D.B.G. Funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1995- 1996 C.D.B.G. Funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $2,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Forest Lake Youth Service Bureau. 5. That the Lino Lakes City Council hereby requests that $1,500.00 of it 1995- 1996 C.D.B.G Funds be designated towards the Meals on Wheels Program. 6. That the Lino Lakes City Council hereby requests that $14,601.00 of its 1995- 1996 C.D.B.G. Funds be used in support of the Senior Citizen Coordinator Program, designed to promote the center's activities, programs and general operation. 7. That the Lino Lakes City Council hereby requests that $10,000.00 of its 1995- 1996 C.D.B.G Funds be designated to the continuation of the City's Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update). 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 95-23 Adopted by the Lino Lakes City Council this 27th Day of February, 1995. Vernon 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: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM No . 9 STAFF ORIGINATOR Randy Schumacher, City Administrator DATE February 22, 1995 TOPIC Consideration of Designating City Depositories Attached, please find a list of depositories prepared by the Finance Department. These depositories are agencies with which we invest City funds. We are required to appoint and/or reappoint depositories annually. 3'W`:`'. 1 Approve the fist of depositories. 2. Disapprove the list of depositories, DEPOSITORIES 1995 NORWEST GAYLE GIBSON 667-7255 FIRST BANK NA KAREN JARVEY 973-3912 FIRSTAR BANK DEANNA KNUTSON 780-4240 MERRILL LYNCH SCOTT KAULS 349-7905 DAIN BOSWORTH STEVE SANTOS 228-6941 JURAN AND MOODY RAND WINDSPEAR 224-1500 PRUDENTIAL BACHE STEVE PADDOCK 340-4561 STAFF ° ORIGINATOR DATE TOPIC AWARD BID FOR MW SNOW PLOW' PURCHASED CAB DUIP BOX, HYDRAIILICS, EQUIPMENT FOR PREVIOUSLY AND CHASSIS Purchase of a replacement dump/snow plow truck was budgeted for 1995. This purchase takes place in two steps. First the cab and chassis is bid, this has been done and the Council awarded the bid for this step. Second, is the bidding of the dump box, hydraulic and snow equipment to be installed on the cab and chassis. I received quotes from three equipment dealers. Two quotes were received from each of these dealers. One quote was for dump box/hydraulics and the other quote was for the snow glow equipment. ��'�`�-fig' %+'k....> ' 1 } q'�S y y. .� y }. ki a \�Y '.yat?bs'v DI MACQUEEN 16, Q S. i 0 12, 562.00 CRYSTEEL 12,636.00 12,980.00 J -CRAFT 12,541.00 12,521.00 Option #1, Award the bid to the company with the lowest b dump box hydraulics and also lowest bid for plow equipment. Option /2, Do not accept any bid. Option #1, Award the bid to _ the company with the lowest b .d for dump box/hydraulics to J -Craft, Inc. at $12,541.00, and award the lowest bid for plow equipment to J' Craft, Inc. at $12,521.00. AGENDA ITEM NO 11 STAFF ORIGIIATOR Randy Schumacher, C. A. DATE February 24, 1995 TOPIC Consideration of Appointment Liaisons Council The City Council discussed the appointment of liaisons to various departments and committees at their February 22, 1995 work session. The following committees were discussed and it was decided that liaison appointments should be made for them: Committee Solid Waste Committee Police Department Star City Program Government Efficiencies Program Suggeste4 Appointment Linda Elliott Andy Neal Sally Kuether Andy Neal* * Mayor Reinert asked that Mr. Schumacher and Mr. Tesch form committee to assist Council Member Neal in this area. 1. 2. 3. Appoint the committee liaisons as suggested. Revisit the matter and appoint other liaisons. Do not appoint liaisons Option No. a AGENDA ITEM 4 C STAFF ORIGINATOR Mary Kay Nyland DATE February 23, 1995 TOPIC 95-3-C, Kids at Heart Child Care, 7330 Lake Drive, Conditional Use Permit •Kids at Heart Child Care• Center is located at• 7330 Lake Drive in the Gethsemane Methodist Church building. They have been at this site since January of 1992 and hold a license from the State of Minnesota for 35 children. Recently a request was submitted to the State to increase the number of children to 42. The breakdown would be as follows: 20 Pre School Children - 2 1/2 - 5 years of age 15 School Age Children 5 - 12 years of age 7 Toddlers 16 months 2 1/2 years of age The property in question is Zoned R-3, Medium Density Residential and the Zoning Ordinance provides for day care nurseries (15 persons or more) with a Conditional Use Permit. The City was asked to review this center as a result of the request to increase the number of children to 42. In the review process it was determined that a Conditional Use Permit was not obtained in January 1992 when the facility was originally licensed by the State. I believe this was an oversight in 1992 as there were some staffing changes within the City between late 1991 and early 1992 when the original State review occurred. The applicant has, therefore, been required to obtain the necessary Conditional Use Permit at this time. Space has been provided within the church building for a play/fellowship area, nursery, kitchen and restrooms.A fenced in playground on the site is used for ourdoor recreation. There are currently four (4) full time employees and two (2) part time. The facility is open from 6:00 a.m. to 6:00 p.m. Parking in the church parking lot is more than adequate to serve this use and the church. The State Licensing Division, the Fire Marshall, the Building Inspector and myself have inspected the site and find it to be in compliance with all applicable requirements. The Conditional Use Permit will be subject to various State Inspections and City review on an annual basis. The Planning and Zoning Board held a Public Hearing on February 8, 1995. Condition No. 4 was added as the result of neighborhood concerning regarding drainage on the church property. In summary the Planning & Zoning Board and Staff would recommend approval of the Conditional Use Permit with the following conditions: 1. A License from the Minnesota Department of Human Services be maintained at all time. 2. Access to the premises be provided upon notification of annual and periodic inspections from appropriate City Staff. 3. An increase in the number of children to be served in the facility will require modification of the license from the State. Staff would require notification of any increase and inspection by the building inspector and fire marshall to determine adequacy of structure but waive the requirement of an Amended Condition Use Permit. 4. Staff is to review drainage and grading issues on the church property in the Spring. OPTIONS 1. Approve Conditional Use Permit with conditions listed above. 2. Deny permit as requested. RECOMMENDATION Option 1 GEORGI rfrAbtta w•A Bi �+f/ zaut: cls RESHANAU '22 •-• / -- „- /,.., 7',- /„-,,, c:- ,, / V / 4o7 1G H I -1? // i „-) , , , _ -------! ...-',(.._,L.j • G.2 a-_,-_-2 7/,..-,, ',, , , / ,' / I / ,/ 4 / — h ' ---- 1.^ • •-e,„ „ - 0 `,.., ------\,'„,-1 '-(----;J ' i -H 1 ----, :-) --:":, -----— •-. 1' I. .5./..., : ----r • (7 „ --- , "Woc - _ 0./ 1\ )-(,--h c' :5:2? '"•" '' • '-' / 47 ,(-'' , 7' 7- '‘-; r-''.,- ;:-"" -- C... z//C,'S : ...<2-7: G--_,..-;.5._,,-,- .:;,'...?,.-%,..,-C---K--. (''- , 17•'7,1, //,`• 7...2".:.--.,... .......____ - (/) DISBURSEMENT LIST FEBRUARY 13, 1995 Page: 1 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount AREA AND UNIT CHARGE OTHER RO-SO CONTRACTING, INC.(WARE ROAD IMPROVEMENTS) 2,375.00 Total for Department 2,375.00 Total for Fund 2,375.00 COMMUNITY DEVELOPEMENT BLOCK GRANT OTHER * JULEE QUARVE-PETERSON, INC.(ACCESSIBILITY EVALUATION) 4,001.00 Total for Department 4,001.00 Total for Fund 4,001.00 CONTRACTORS DEPOSITS Default Department HOKANSON DEVELOPMENT, INC.(REDUCTION OF ESCROW/WENZEL F) 16,850.00 HOKANSON DEVELOPMENT, INC.(REDUCTION OF ESCROW/OAKS 0 L) 8,346.55 * MIKE MCPHILLIPS, INC.(CLEAN SEWER LINES/FOX ROAD) 3,172.50 Total for Department 28,369.05 Total for Fund 28,369.05 DEDICATED PARKS OTHER ALLEN COMPANY(APPRAISAL/ATHLETIC COMPLEX) BRAUER & ASSOCIATES, LTD.(PROFESSIONAL SERVICES) * MENARDS(SUPPLIES) OSM(DED PARK/COUNTRY LAKES) GENERAL ADMINISTRATION 750.00 150.00 265.86 866.02 Total for Department 2,031.88 * ECM PUBLISHERS, INC(PRINTING) * EMERALD OFFICE SUPPLY(SUPPLIES) * FORTIS BENEFITS(INSURANCE) * KELLY AGENCY, INC.(INSURANCE) * LEAGUE OF MN CITIES INS TRST(INSURANCE) Total for Fund 2,031.88 17.40 138.68 81.20 68.63 1,085.25 Page: 2 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * LIGHTNING PRINTING(SERVICE) 84.24 * MEDICA(INSURANCE) 437.00 MN. GOVT FIN OFFICERS ASSOC(MEMBERSHIP (2)) 30.00 * PRESS PUBLICATIONS(PRINTING SERVICE) 44.63 * S & T OFFICE PRODUCTS, INC.(SUPPLIES) 267.58 Total for Department 2,254.61 BUILDING INSPECTIONS CAPITOL RUBBER STAMP COMPANY(SUPPLIES) 102.00 * FORTIS BENEFITS(INSURANCE) 20.80 GOVERNMENT TRAIN SERVICE(SEMINAR (2)) 60.00 JACKSON, THOMAS(MILEAGE) 7.35 * KELLY AGENCY, INC.(INSURANCE) 35.92 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 746.15 * MEDICA(INSURANCE) 216.25 NORTH HENNEPIN COMMUNITY COLLE(REG/T JACKSON - WNTR QTR) 126.25 * PREMIERE VIDEO & PHOTO(FILM PROCESSING) 22.62 Total for Department 1,337.34 CHARTER COMMISSION * ECM PUBLISHERS, INC(PRINTING) 11.60 * PRESS PUBLICATIONS(PRINTING SERVICE) 6.38 CONSULTANTS LABOR RELATIONS(SERVICES RENDERED) Total for Department 17.98 Total for Department 4,246.00 4,246.00 Default Department BRUDER, DAVID(REFUND WITHHOLDING '94) CHEAP SKATE(FROM DONATION/SKATING) INTERNATIONAL UNION OF OPERATI(WITHHOLDING) * KELLY AGENCY, INC.(PREPAID INSURANCE) * LEAGUE OF MN CITIES INS TRST(INSURANCE) * MEDICA(FLEX INSURANCE) MN. TEAMSTERS(WITHHOLDING) ECONOMIC DEVELOPEMENT A T & T(DECEMBER SERVICE) ANOKA COUNTY(GOLF CART RENTAL) * FORTIS BENEFITS(INSURANCE) * KELLY AGENCY, INC.(INSURANCE) 193.08 500.00 270.00 -590.66 -27,480.17 626.10 299.20 Total for Department -26,182.45 7.05 205.00 13.20 35.92 Page: 3 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount LAFOREST, MARY(MILEAGE/SEMINAR) 53.30 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 255.79 * S & T OFFICE PRODUCTS, INC.(SUPPLIES) 18.07 WESSEL, BRIAN(MILEAGE/MEAL/SEMINAR) 231.00 WESSEL, BRIAN(MILEAGE/MEALS) 249.10 Total for Department 1,068.43 FINANCE POLICH FROGNER & ASSO.(PROFESSIONAL SERVICE) TAUTGES,REDPATH & CO, LTD(PROFESSIONAL SERVICE) FIRE DEPARTMENT 427.50 321.00 Total for Department 748.50 * FORTIS BENEFITS(INSURANCE) 13.20 Total for Department 13.20 FORESTRY DEPARTMENT A. M. LEONARD, INC.(TOOLS) 75.44 * EMERALD OFFICE SUPPLY(SUPPLIES) 1.91 HOFFMAN, MICHAEL(BOOKS) 34.24 * INTL OFFICE SYSTEMS(MONTHLY MAINTENANCE) 4.02 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 127.89 Total for Department 243.50 Fleet Management BAUER BUILT(PARTS) 21.85 BOYER TRUCKS(PARTS) 106.97 BRAD RAGAN, INC.(PARTS) 223.99 BUMPER TO BUMPER(PARTS) 386.18 CATCO PARTS(PARTS) 106.47 EGAN OIL COMPANY(FUEL) 2,920.50 * FRATTALLONE'S HARDWARE(SUPPLIES) 0.69 GILLUND ENTERPRISES(PARTS) 28.48 GOA COMPANY(PARTS) 149.37 LINO AUTO MACHINING(PARTS) 45.00 MINAR FORD(PARTS) 383.13 MTI DISTIBUTING(PARTS) 160.56 NORTHERN WATER WKS SUP(PARTS) 191.79 RENT ALL MINNESOTA, INC.(RENTED DRILL PRESS) 44.23 SAFETY KLEEN CORP(PROFESSIONAL SERVICE) 201.82 Total for Department 4,971.03 GOVERNMENT BUILDINGS Page: 4 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount ANDERSON BURNER SERVICE(FURNACE REPAIR) 141.25 * ANOKA ELECTRIC(MONTHLY SERVICE) 1,114.36 BEST LOCK SYSTEMS OF MN(KEYS) 28.91 COAST TO COAST(SUPPLIES) 15.70 DALCO(SUPPLIES) 288.79 * FORTIS BENEFITS(INSURANCE) 7.60 * FRATTALLONE'S HARDWARE(SUPPLIES) 237.01 * GLENWOOD INGLEWOOD(MONTHLY SERVICE) 27.32 INTL OFFICE SYSTEMS(MONTHLY MAINTENANCE) 343.05 * JULEE QUARVE-PETERSON, INC.(ACCESSIBILITY EVALUATION) 150.77 * KELLY AGENCY, INC.(INSURANCE) 17.95 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 27,207.88 * MEDICA(INSURANCE) 216.25 * MINNEGASCO ACCOUNTS PAYABLE(MONTHLY SERVICE) 1,302.56 NARDINI FIRE EQUIPMENT(INSPECTION) 62.65 PLUNKETT'S, INC.(MONTHLY SERVICE) 109.38 SUNSHINE LIGHTING CO(SUPPLIES) 229.40 VIKING SAFETY PRODUCTS(SUPPLIES) 28.37 Total for Department 31,529.20 MAYOR AND COUNCIL * KELLY AGENCY, INC.(INSURANCE) 89.79 LANE, EUGENE(SUPPLIES) 7.11 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 5,214.74 * MRPA(WORKSHOP) 35.00 PLETSCHERS GREENHOUSE(FLOWERS/PEG SMITH) 32.79 Total for Department 5,379.43 PARKS DEPARTMENT 1995 STATE BICYCLE CONFERENCE(CONFERENCE) * AIRSIGNAL, INC.(MONTHLY SERVICE) BIFF'S, INC.(RENTAL UNITS) CARLSON EQUIPMENT CO(TOOLS) CARLSON EQUIPMENT CO(TOOLS TAX) CIRCLE PINES, CITY OF(HEAT) E. L. REINHARDT COMPANY, INC.(SUPPLIES) EARL ANDERSON ASSOCIATION, INC(SUPPLIES) * EMERALD OFFICE SUPPLY(SUPPLIES) * FORTIS BENEFITS(INSURANCE) * FRATTALLONE'S HARDWARE(SUPPLIES) * INTL OFFICE SYSTEMS(MONTHLY MAINTENANCE) * KELLY AGENCY, INC.(INSURANCE) * LEAGUE OF MN CITIES INS TRST(INSURANCE) * MEDICA(INSURANCE) * MENARDS(SUPPLIES) * MENARDS(SUPPLIES) * MENARDS(SUPPLIES) * MINNEGASCO ACCOUNTS PAYABLE(MONTHLY SERVICE) * MRPA(WORKSHOP) 70.00 1.15 276.30 107.40 6.98 222.39 56.99 52.38 5.34 43.60 43.62 28.18 107.76 2,332.82 216.25 119.04 320.69 15.99 58.21 35.00 Page: 5 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * NORTHERN STATES POWER(MONTHLY SERVICE) 155.91 TODORA, GAIL(DATA ENTRY) 135.00 US WEST COMMUNICATIONS(MONTHLY SERVICE) 171.02 WALDOCH SPORTS(PARTS) 378.20 WALDOCH SPORTS(PARTS TAX) 12.30 Total for Department 4,972.52 PLANNING DEPARTMENT * AIRSIGNAL, INC.(MONTHLY SERVICE) 1.15 ALBINSON, INC.(SUPPLIES) 31.50 AMES, MARJORIE(20/20 VISION MEDIATION) 96.40 ANOKA COUNTY GOVERNMENT CENTER(MAPS) 8.52 BUELOU, CATHERINE(20/20 VISION MEDIATION) 42.50 DETERS, DENISE(20/20 VISION MEDIATION) 95.80 * ECM PUBLISHERS, INC(PRINTING - 20/20 VISION) 21.75 * EMERALD OFFICE SUPPLY(SUPPLIES) 46.11 EVERGREEN PRESS(20/20 VISION) 1,213.47 FEIDER, CHRISTOPHER, NATURALIS(20/20 VISION/NATURALIST) 20.00 * FORTIS BENEFITS(INSURANCE) 34.00 * FRATTALLONE'S HARDWARE(SUPPLIES) 25.32 GRUBER, MARY(20/20 VISION MEDIATION) 45.00 HARKINS, ARTHUR M., PH.D.(20/20 VISION MEDIATION/CNSLT) 250.00 HARRINGTON, STEVE(20/20 VISION MEDIATION) 58.80 JOHNSON, MARIANN(20/20 VISION MEDIATION) 59.40 JONES, LYNETTE(20/20 VISION MEDIATION) 96.20 KARTES, CHERYL(20/20 VISION MEDIATION) 57.60 * KELLY AGENCY, INC.(INSURANCE) 71.84 KINGSLEY, CHARLES(20/20 VISION MEDIATION) 45.00 KOPP, FRANK(20/20 VISION MEDIATION) 96.80 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 699.30 * LIGHTNING PRINTING(SERVICE) 150.06 MARSHALL & JUNTUNEN(COMM SUPPORT 20/20 VISION) 300.00 MARTINEZ, JUAN A.(20/20 VISION MEDIATION) 80.00 MEDIATION SERVICES(MEDIATION SERVICE 20/20 VISI) 250.00 * MEDICA(INSURANCE) 541.25 OFFICEMAX(SUPPLIES 20/20 VISION) 33.21 * PRESS PUBLICATIONS(PRINTING SERV 20/20 VISION) 179.85 * PRESS PUBLICATIONS(PRINTING SERVICE) 10.63 SELIX, LINDA(20/20 VISION) 49.80 SULLIVAN, JOHN(20/20 VISION) 154.30 SULLIVAN, KIM(20/20 VISION) 93.61 POLICE DEPARTMENT AIRSIGNAL, INC.(MONTHLY SERVICE) ANOKA COUNTY(MOBILE DATA TERMINAL) BLUE TOW SERVICE(TOW/STORAGE (2)) CPAC, C/O MARK ORTNER(REGISTRATION) CY'S UNIFORMS, INC.(UNIFORMS) Total for Department 4,959.17 15.97 218.80 500.00 14.00 123.41 Page: 6 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount DORADUS CORPORATION(MAINTAIN 7 SIRENS) 714.00 * EMERALD OFFICE SUPPLY(SUPPLIES) 25.27 * FORTIS BENEFITS(INSURANCE) 117.60 * GLENWOOD INGLEWOOD(MONTHLY SERVICE) 45.05 HEALTHSPAN TRANSPORTATION(CLASS/S WAGNER) 60.00 I.T.L. PATCH COMPANY, INC.(UNIFORM SUPPLIES) 97.22 JOHN E. REID AND ASSOCIATES(SEMINAR/S MORTENSON) 347.00 * KELLY AGENCY, INC.(INSURANCE) 269.39 KUSTOM SIGNALS, INC.(PARTS) 45.84 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 11,698.34 LIGHTNING PRINTING(SERVICE TAX) 5.40 LIGHTNING PRINTING(SERVICE) 83.15 * LIGHTNING PRINTING(SERVICE) 188.40 MCPA(CONFERENCE) 25.00 * MEDICA(INSURANCE) 1,623.75 MIDWEST BUSINESS PRODUCTS, INC(SUPPLIES) 265.16 MSA MEMBERSHIP(MEMBERSHIP FEE) 20.00 * PREMIERE VIDEO & PHOTO(FILM PROCESSING) 6.66 PUBLIC SAFETY EQUIPMENT COMPAN(BATTERY PACK/CHARGER) 88.63 SKILLPATH, INC.(SEMINAR (2)) 198.00 STREICHER'S(UNIFORM SUPPLIES) 23.42 U S WEST CELLULAR(MONTHLY SERVICE) 160.06 Total for Department 16,979.52 PUBLIC WORKS * AIRSIGNAL, INC.(MONTHLY SERVICE) 1.15 * ANOKA ELECTRIC(MONTHLY SERVICE/ST LIGHTS) 202.92 DEWOLFE, THOMAS(UNIFORM ALLOWANCE '93) 85.03 * FORTIS BENEFITS(INSURANCE) 51.20 * FRATTALLONE'S HARDWARE(SUPPLIES) 15.40 * FRATTALLONE'S HARDWARE(SUPPLIES) 32.55 * KELLY AGENCY, INC.(INSURANCE) 143.67 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 3,130.54 * LEROY J. HOULE CONTRACTING(REMOVE TREES/GRIND STUMPS) 3,063.60 * MEDICA(INSURANCE) 432.50 * MIKE MCPHILLIPS, INC.(CLEAN SEWER LINES/LOIS LANE) 1,147.50 NORTHERN STATES POWER(MONTHLY SERVICE) 1,975.24 * PREMIERE VIDEO & PHOTO(FILM PROCESSING) 6.34 TOM THUMB(SUPPLIES) 31.06 UNIVERSITY OF MINNESOTA(REGISTRATION (2)) 50.00 Total for Department 10,368.70 RECREATION DEPARTMENT * AIRSIGNAL, INC.(MONTHLY SERVICE) 1.15 BERNSTEIN, BARRY(MILEAGE) 64.50 * EMERALD OFFICE SUPPLY(SUPPLIES) 31.76 FOGARTY, MARY(SUPPLIES) 15.33 * FORTIS BENEFITS(INSURANCE) 13.20 * INTL OFFICE SYSTEMS(MONTHLY MAINTENANCE) 48.30 Page: 7 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * KELLY AGENCY, INC.(INSURANCE) 17.96 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 127.89 * LIGHTNING PRINTING(SERVICE) 135.84 MN. DEPT OF JOBS & TRAINING(UNEMPLOYMENT BENEFITS) 217.45 NATIONAL REC/PARK ASSN(SUBSCRIPTION RENEWAL) 18.00 PREMIERE VIDEO & PHOTO(FILM PROCESSING) 10.92 WILCO PUBLISHING COMPANY(ART LIBRARY) 49.00 Total for Department 751.30 SOLID WASTE ABATEMENT * EMERALD OFFICE SUPPLY(SUPPLIES) 8.92 * LIGHTNING PRINTING(SERVICE) 23.43 MIDWAY INDUSTRIAL SUPPLY CO.,(PUMP) 1,057.04 MN. POLLUTION CTROL AGENCY(SEMINAR) 100.00 MN. POLLUTION CTROL AGENCY(CONFERENCE) 115.00 RECYCLING ASSN OF MN(MEMBERSHIP DUES) 110.00 RECYCLING ASSN OF MN(CONFERENCE) 35.00 Total for Department 1,449.39 Total for Fund 65,107.37 INTERIM CONSTRUCTION FUND INTERIM CONSTRUCTION ADRIENNE C. MUSIL(EMINENT DOMAIN) RICHARD J. GEVAY, BANK(EMINENT DOMAIN ACTION) ROGER A. WEAVER AND GAIL B. WE(EMINENT DOMAIN ACTION) PROGRAM RECREATION Default Department BERKHOLZ, GAIL(REFUND/KARATE) BLOOM, JEAN(REFUND/KARATE) FINLAYSON, RAY(REFUND/KARATE) SPEISER, LOIS(REC REFUND) RECREATION DEPARTMENT 1,306.00 500.00 500.00 Total for Department 2,306.00 Total for Fund 2,306.00 20.00 20.00 9.00 15.00 Total for Department 64.00 DAVE'S SPORT SHOP, INC.(SUPPLIES/BASEBALL) GREG LARSON SPORTS - GLS(SUPPLIES/SKATE) GREG LARSON SPORTS - GLS(SUPPLIES/BASEBALL) PIONEER COMPANY, INC.(CONCESSION SUPPLIES) 23.94 15.79 27.32 314.33 Total for Department 381.38 Total for Fund 445.38 Page: 8 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount SEWER OPERATING Default Department * KELLY AGENCY, INC.(PREPAID INSURANCE) -5.56 Total for Department -5.56 SEWER DEPARTMENT * AIRSIGNAL, INC.(MONTHLY SERVICE) * FORTIS BENEFITS(INSURANCE) * KELLY AGENCY, INC.(INSURANCE) * LEAGUE OF MN CITIES INS TRST(INSURANCE) * MIKE MCPHILLIPS, INC.(CLEAN SEWER LINES/LIFT ST) TAX INCREMENT DISTRICT 1 Default Department ANOKA COUNTY(OVERSETTLEMENT) OTHER ANOKA COUNTY(TAX INCREMENT '94) TAX INCREMENT DISTRICT 1-2 OTHER 1.15 3.80 8.98 413.79 637.50 Total for Department 1,065.22 Total for Fund Total for Department Total for Department 1,059.66 400.70 400.70 1,796.01 1,796.01 Total for Fund 2,196.71 ANOKA COUNTY(TAX INCREMENT '94) 1,664.37 Total for Department 1,664.37 Total for Fund 1,664.37 TAX INCREMENT DISTRICT 1-4 Page: 9 Date: 02/10/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount OTHER ANOKA COUNTY(TAX INCREMENT '94) 1,034.40 Total for Department 1,034.40 Total for Fund 1,034.40 TAX INCREMENT DISTRICT 1-5 OTHER ANOKA COUNTY(TAX INCREMENT '94) 962.35 Total for Department 962.35 Total for Fund 962.35 WATER OPERATING Default Department * KELLY AGENCY, INC.(PREPAID INSURANCE) -5.57 Total for Department -5.57 Water Department * AIRSIGNAL, INC.(MONTHLY SERVICE) 1.16 DNR, DEPARTMENT OF NATURAL RES(PERMIT FEES) 379.40 * FORTIS BENEFITS(INSURANCE) 3.80 * FRATTALLONE'S HARDWARE(SUPPLIES) 1.80 * KELLY AGENCY, INC.(INSURANCE) 8.98 * LEAGUE OF MN CITIES INS TRST(INSURANCE) 413.79 * LEROY J. HOULE CONTRACTING(REMOVE TREES/GRIND STUMPS) 2,558.40 * MENARDS(SUPPLIES) 80.85 * MINNEGASCO ACCOUNTS PAYABLE(MONTHLY SERVICE) 126.29 MN. DEPT OF HEALTH(EXAM/WATERWORKS SCHOOL) 105.00 * NORTHERN STATES POWER(MONTHLY SERVICE) 187.28 US WEST COMMUNICATIONS(MONTHLY SERVICE) 35.78 Total for Department 3,902.53 Total for Fund 3,896.96 ** Total ** $115,450.13 * - Invoice split to different Departments Page: 1 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 000009 - 1995 STATE BICYCLE CONFERENCE 000031 - A. M. LEONARD, INC. 000052 - A T & T 000094 - ADRIENNE C. MUSIL 000110 - AIRSIGNAL, INC. 000140 - ALLEN COMPANY 000168 - ALBINSON, INC. 000311 - AMES, MARJORIE 000330 - ANDERSON BURNER SERVICE 000350 - ANOKA COUNTY 000370 - ANOKA COUNTY 000410 - ANOKA COUNTY 000420 - ANOKA COUNTY 000440 - ANOKA COUNTY GOVERNMENT CENTER 000450 - ANOKA ELECTRIC 000610 - BAUER BUILT 000662 - BERKHOLZ, GAIL 000670 - BERNSTEIN, BARRY 000680 - BEST LOCK SYSTEMS OF MN 000700 - BIFF'S, INC. 000724 - BLUE TOW SERVICE 000746 - BLOOM, JEAN 000770 - BOYER TRUCKS 000780 - BRAD RAGAN, INC. 000810 - BRAUER & ASSOCIATES, LTD. 000878 - BRUDER, DAVID 70.00 75.44 7.05 1,306.00 22.88 750.00 31.50 96.40 141.25 400.70 218.80 205.00 5,457.13 8.52 1,317.28 21.85 20.00 64.50 28.91 276.30 500.00 20.00 106.97 223.99 150.00 193.08 Page: 2 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 000888 - BUELOU, CATHERINE 000900 - BUMPER TO BUMPER 000924 - WILCO PUBLISHING COMPANY 000963 - CAPITOL RUBBER STAMP COMPANY 000980 - CARLSON EQUIPMENT CO 001000 - CATCO PARTS 001110 - CIRCLE PINES, CITY OF 001119 - CHEAP SKATE 001194 — COAST TO COAST 001214 - CPAC, C/O MATZK ORTNER 001255 - CY'S UNIFORMS, INC. 001270 - DALCO 001283 - DAVE'S SPORT SHOP, INC. 001294 - DNR, DEPARTMENT OF NATURAL RESOURCE 001296 - DETERS, DENISE 001300 - DEWOLFE, THOMAS 001330 - DORADUS CORPORATION 001360 - E. L. REINHARDT COMPANY, INC. 001380 - EARL ANDERSON ASSOCIATION, INC. 001390 - ECM PUBLISHERS, INC 001407 - EGAN OIL COMPANY 001420 - EMERALD OFFICE SUPPLY 001437 - EVERGREEN PRESS 001481 - FEIDER, CHRISTOPHER, NATURALIST 001487 - FINLAYSON, RAY 001528 - FOGARTY, MARY 42.50 386.18 49.00 102.00 114.38 106.47 222.39 500.00 15.70 14.00 123.41 288.79 23.94 379.40 95.80 85.03 714.00 56.99 52.38 50.75 2,920.50 257.99 1,213.47 20.00 9.00 15.33 Page: 3 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001550 - FORTIS BENEFITS 001560 - FRATTALLONE'S HARDWARE 001610 - GILLUND ENTERPRISES 001620 - GLENWOOD INGLEWOOD 001621 - GREG LARSON SPORTS - GLS 001630 - GOA COMPANY 001700 - GOVERNMENT TRAIN SERVICE 001751 - GRUBER, MARY 001811 - HARKINS, ARTHUR M., PH.D. 001812 - HARRINGTON, STEVE 001827 - HEALTHSPAN TRANSPORTATION 001850 - HOFFMAN, MICHAEL 001853 - HOKANSON DEVELOPMENT, INC. 001977 - I.T.L. PATCH COMPANY, INC. 001980 - INTL OFFICE SYSTEMS 002001 - INTERNATIONAL UNION OF OPERATING 002040 - JACKSON, THOMAS 002093 - JOHN E. REID AND ASSOCIATES 002098 - JOHNSON, MARIANN 002099 - JONES, LYNETTE 002101 - JULEE QUARVE-PETERSON, INC. 002106 - KARTES, CHERYL 002120 - KELLY AGENCY, INC. 002148 - KINGSLEY, CHARLES 002166 - KOPP, FRANK 002200 - KUSTOM SIGNALS, INC. 403.20 356.39 28.48 72.37 43.11 149.37 60.00 45.00 250.00 58.80 60.00 34.24 25,196.55 97.22 423.55 270.00 7.35 347.00 59.40 96.20 4,151.77 57.60 275.00 45.00 96.80 45.84 Page: 4 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 002220 - LABOR RELATIONS 002230 - LAFOREST, MARY 002320 - LEAGUE OF MN CITIES INS TRST 002324 - LEROY J. HOULE CONTRACTING 002340 LIGHTNING PRINTING 002360 - LINO AUTO MACHINING 002422 - LANE, EUGENE 002476 - MARSHALL & JUNTUNEN 002481 - MARTINEZ, JUAN A. 002509 - MCPA 002530 - MEDIATION SERVICES 002540 - MEDICA 002550 - MENARDS 002608 - MIDWEST BUSINESS PRODUCTS, INC. 002611 - MIDWAY INDUSTRIAL SUPPLY CO., INC. 002688 - MIKE MCPHILLIPS, INC. 002690 - MINAR FORD 002700 - MINNEGASCO ACCOUNTS PAYABLE 002760 - MN. DEPT OF HEALTH 002770 - MN. DEPT OF JOBS & TRAINING 002790 - MN. GOVT FIN OFFICERS ASSOC 002820 - MN. POLLUTION CTROL AGENCY 002980 - MN. TEAMSTERS 003050 - MRPA 003051 - MSA MEMBERSHIP 003070 - MTI DISTIBUTING 4,246.00 53.30 25,974.00 5,622.00 670.52 45.00 7.11 300.00 80.00 25.00 250.00 4,309.35 802.43 265.16 1,057.04 4,957.50 383.13 1,487.06 105.00 217.45 30.00 215.00 299.20 70.00 20.00 160.56 Page: 5 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003090 - NARDINI FIRE EQUIPMENT 003120 - NATIONAL REC/PARK ASSN 003233 - NORTH HENNEPIN COMMUNITY COLLEGE 003250 - NORTHERN STATES POWER 003260 - NORTHERN STATES POWER 003280 - NORTHERN WATER WKS SUP 003390 - OFFICEMAX 003430 - OSM 003510 - PIONEER COMPANY, INC. 003530 - PLETSCHERS GREENHOUSE 003540 - PLUNKETT'S, INC. 003550 - POLICH FROGNER & ASSO. 003590 - PREMIERE VIDEO & PHOTO 003600 - PRESS PUBLICATIONS 003631 - PUBLIC SAFETY EQUIPMENT COMPANY 003710 - RECYCLING ASSN OF MN 003770 - RENT ALL MINNESOTA, INC. 003781 - RICHARD J. GEVAY, BANK 003800 - RO-SO CONTRACTING, INC. 003806 - ROGER A. WEAVER AND GAIL B. WEAVER; 003870 - S & T OFFICE PRODUCTS, INC. 003900 - SAFETY KLEEN CORP 003967 - SELIX, LINDA 004003 - SKILLPATH, INC. 004092 - SPEISER, LOIS 004240 - STREICHER'S 62.65 18.00 126.25 343.19 1,975.24 191.79 33.21 866.02 314.33 32.79 109.38 427.50 46.54 241.49 88.63 145.00 44.23 500.00 2,375.00 500.00 285.65 201.82 49.80 198.00 15.00 23.42 Page: 6 Date: 02/10/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004280 - SUNSHINE LIGHTING CO 004345 - SULLIVAN, JOHN 004346 - SULLIVAN, KIM 004370 - TAUTGES,REDPATH & CO,LTD 004450 - TOM THUMB 004456 - TODORA, GAIL 004640 - UNIVERSITY OF MINNESOTA 004670 - US WEST COMMUNICATIONS 004671 - U S WEST CELLULAR 004730- VIKING SAFETY PRODUCTS 004760 - WALDOCH SPORTS 004800 - WESSEL, BRIAN 229.40 154.30 93.61 321.00 31.06 135.00 50.00 206.80 160.06 28.37 390.50 480.10 ** Total ** $115,450.13 DISBURSEMENT LIST FEBRUARY 27, 1995 Page: 1 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount 1989 CONSTRUCTION FUND 1989 CONSTRUCTION * T.K.D.A.(MUN ENGIN/RESHANAU 5TH) 343.78 Total for Department 343.78 Total for Fund 343.78 1991 CONSTRUCTION FUND 1991 CONSTRUCTION * S.E.H.(MUN ENGINEER/BRANDYWOOD) 64.78 Total for Department 64.78 Total for Fund 64.78 1994 CONSTRUCTION FUND 1994 CONSTRUCTION FUND A & B SANITATION(PUMPING MANHOLE/C LAKES EST) 210.00 * ALLDRIGE, SUSAN A.(COMMISSIONER FEE) 416.24 * ALLDRIGE, SUSAN A.(COMMISSIONER FEE) 416.24 * MCCRADY, MARLOWE J.(COMMISSIONERS FEE) 473.71 * MCCRADY, MARLOWE J.(COMMISSIONERS FEE) 473.70 * PETERSON, HARVEY(COMMISSIONER FEE) 423.14 * PETERSON, HARVEY(COMMISSIONER FEE) 423.15 * T.K.D.A.(MUN ENGIN/COUNTRY LAKES EST) 3,783.78 * T.K.D.A.(MUN ENGIN/HODGSON ROAD) 224.70 * T.K.D.A.(MUN ENGIN/HWY 49 & LAKE DR) 133.28 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/HODGSON ROAD) 953.50 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/CNTRY LKS EST) 1,282.50 Total for Department 9,213.94 Total for Fund 9,213.94 APOLLO DRIVE CONSTRUCTION FUND APOLLO DRIVE * ALLDRIGE, SUSAN A.(COMMISSIONER FEE) 416.24 ALLEN COMPANY(APPRAISER FEE) 300.00 * MCCRADY, MARLOWE J.(COMMISSIONERS FEE) 473.71 * PETERSON, HARVEY(COMMISSIONER FEE) 423.15 * T.K.D.A.(MUN ENGIN/APOLLO DRIVE) 343.22 TIMOTHY A. PETERS AND(EMINENT DOMAIN/APOLLO BUS PK) 6,250.00 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/APOLLO DRIVE) 175.50 Total for Department 8,381.82 Total for Fund 8,381.82 Page: 2 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount AREA AND UNIT CHARGE OTHER * S.E.H.(MUNICIPAL ENGINEER/AREA UNIT) * T.K.D.A.(MUN ENGIN/AREA & UNIT) CAPITAL IMPROVEMENTS PROJECTS POLICE DEPARTMENT 14,230.71 232.22 Total for Department 14,462.93 Total for Fund 14,462.93 SHARP ELECTRONICS CORPORATION(COPIER) 6,407.00 Total for Department 6,407.00 Total for Fund 6,407.00 COMMUNITY DEVELOPEMENT BLOCK GRANT OTHER A T & T(THREE MONTHS SERVICE) 17.85 CONTRACTORS DEPOSITS Default Department * S.E.H.(MUN ENGINEER/CLEARWATER CRK) * S.E.H.(MUN ENGINEER/QUAIL RIDGE) * S.E.H.(MUN ENGINEER/BLACK DUCK) * S.E.H.(MUN ENGINEER/PHEASANT HILLS) * S.E.H.(MUN ENGINEER/TRAPPERS CROSS) * T.K.D.A.(MUN ENG/TRAPPERS CROSSING) * T.K.D.A.(MUN ENG/CLEARWATER CREEK) * T.K.D.A.(MUN ENG/WOOD OF BALDWIN 2) * T.K.D.A.(MUN ENG/FOX TRACE) * T.K.D.A.(MUN ENG/SHORES OF MARSHAN) * T.K.D.A.(MUN ENG/OAKS OF LINO) * T.K.D.A.(MUN ENG/PHEASANT HILLS) * T.K.D.A.(MUNICIPAL ENGINEER) Total for Department 17.85 Total for Fund 17.85 1,549.22 631.51 314.43 8,495.02 133.62 523.00 445.63 751.60 2,192.73 144.88 1,293.61 133.28 155.74 Page: 3 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) * T.K.D.A.(MUN ENG/WENZEL FARMS) * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/OAKS OF LINO) * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/TRAPPERS CROSS) DEDICATED PARKS OTHER Amount 676.42 36.00 45.00 Total for Department 17,521.69 BRAUER & ASSOCIATES, LTD.(PLANNING STUDY) BRAUER & ASSOCIATES, LTD.(MASTER PLAN STUDY) GENERAL ADMINISTRATION Total for Fund 17,521.69 92.85 130.35 Total for Department 223.20 Total for Fund 223.20 * A T & T(MONTHLY SERVICE) 4.59 CITIZENS LEAGUE(DIRECTORY) 20.00 D.C.A. INC.(FLEX HEALTH) 155.80 GOVERNMENT TRAIN SERVICE(CONFERENCE REGISTRATION) 130.00 METROPOLITAN AREA(LUNCH (3) 39.00 OFFICEMAX(SUPPLIES) 241.02 PELOUZE SCALE COMPANY(SUPPLIES) 7.45 * PETTY CASH(SUPPLIES) 45.33 * PETTY CASH(POSTAGE) 2.12 ST. PAUL BOOK AND STATIONERY(SUPPLIES) 36.21 TIMESAVER OFF-SITE SECRETARIAL(MONTHLY SERVICE) 192.00 * WYLAND, CATHY(NEWSLETTER) 225.00 Total for Department 1,098.52 BUILDING INSPECTIONS INTNL CONF OF BUILING OFFICIAL(REFERENCE GUIDE) * PETTY CASH(SUPPLIES) CONSULTANTS 15.65 8.00 Total for Department 23.65 * NORTHWEST ASST CONSULT(MONTHLY SERVICE) * WILLIAM G. HAWKINS & ASSOCIATE(CRIMINAL ATTORNEY) * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY) 14.50 5,902.40 1,564.80 Total for Department 7,481.70 Page: 4 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount Default Department LINO LAKES MANAGEMENT ASSOCIAT(WITHHOLDING) 268.00 * METRO COUNCIL WASTEWATER SERVI(JANUARY SAC CHARGE) 5,950.00 * METRO COUNCIL WASTEWATER SERVI(JANUARY SAC CHARGE) -59.50 * NORTHWEST ASST CONSULT(MONTHLY SERVICE) 2,002.55 * S.E.H.(MUN ENGINEER/SHORELAND ORD) 1,242.54 * T.K.D.A.(MUNICIPAL ENGINEER/SHORELINE) 49.98 Total for Department 9,453.57 ECONOMIC DEVELOPEMENT * A T & T(MONTHLY SERVICE) 5.21 ALBINSON, INC.(SUPPLIES) 59.41 ANOKA COUNTY G.I.S. DIVISION(MAPS) 35.00 ANOKA COUNTY G.I.S. DIVISION(MAPS) 10.00 DEAN GALLERY, INC.(PROFESSIONAL SERVICE) 341.59 EXPRESS MESSENGER(MESSENGER SERVICE) 68.19 * PETTY CASH(SUPPLIES) 49.00 * PETTY CASH(SUPPLIES) 13.56 * PETTY CASH(SUPPLIES) 9.70 * WYLAND, CATHY(NEWSLETTER) 56.24 Total for Department 647.90 ELECTIONS AND VOTER REGISTRATION SECRETARY OF STATE, ELECTIONS(MAP) 17.50 Total for Department 17.50 FORESTRY DEPARTMENT * INTL OFFICE SYSTEMS(MAINTENANCE) * UNIVERSITY OF MINNESOTA(REGISTRATION (2)) Fleet Management 5.68 187.50 Total for Department 193.18 * AMERICAN FASTENERS(PARTS) 117.98 AMERICAN PRESSURE, INC.(REPAIR PRESSURE WASHER) 79.75 * CCP INDUSTRIES, INC.(SUPPLIES) 381.62 CENTRAL SUPPLY AND MFG. CO.(CONVEX MIRROR) 37.28 EGAN OIL COMPANY(FUEL) 1,011.96 FOREST LAKE FORD, INC.(PARTS) 14.41 * OLSEN CHAIN/CABLE CO., INC.(PARTS) 46.67 * PETTY CASH(SUPPLIES) 40.00 * ROYAL OAKS CAR WASH(SERVICE) 7.72 Total for Department 1,737.39 Page: 5 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount GOVERNMENT BUILDINGS A T & T(MONTHLY SERVICE) 82.69 AUDIO COMMUNICATIONS(SUPPLIES) 128.00 * CCP INDUSTRIES, INC.(SUPPLIES) 35.16 DALCO(SUPPLIES) 278.59 KNOX LUMBER COMPANY(SUPPLIES) 19.88 * NORTHERN STATES POWER(MONTHLY SERVICE) 483.13 * POSTAGE BY PHONE SYSTEM(POSTAGE) 2,816.94 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 1,214.84 Total for Department 5,059.23 MAYOR AND COUNCIL COUNTRY INN - WHITE BEAR LAKE(BREAKFAST/SPINNAKERS) 88.06 MN. MAYORS ASSOCIATION(MEMBERSHIP DUES) 20.00 Total for Department 108.06 PARKS DEPARTMENT A T & T(MONTHLY SERVICE) 14.62 BEACON BALLFIELDS DIVISION OF(SUPPLIES) 320.57 * CELLULAR ONE(MONTHLY SERVICE) 25.37 CIRCLE PINES, CITY OF(MONTHLY SERVICE) 480.93 * INTL OFFICE SYSTEMS(MAINTENANCE) 39.73 J & E SMALL ENGINE & SPORT(SUPPLIES) 1.17 * N.R.P.A.(SUBSCRIPTION RENEWAL) 35.00 * NORTHERN STATES POWER(MONTHLY SERVICE) 521.29 PRINTERS SERVICE, INC.(SHARPEN CHIPPER KNIVES) 26.25 * UNIVERSITY OF MINNESOTA(REGISTRATION (2)) 187.50 URICH, TRACY(UNIFORM ALLOWANCE) 21.00 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 121.72 * WYLAND, CATHY(NEWSLETTER) 168.76 PLANNING AND ZONING BOARD GELBMANN, RICK(QUARTERLY STIPEND) LANDERS, JOHN(QUARTERLY STIPEND) MESICH, THOMAS(QUARTERLY STIPEND) NORDINE, KATHLEEN(QUARTERLY STIPEND) ROBINSON, AL(QUARTERLY STIPEND) SCHAPS, JAMES(QUARTERLY STIPEND) SCHONES, EDWARD L.(QUARTERLY STIPEND) PLANNING DEPARTMENT Total for Department 1,963.91 100.00 100.00 50.00 100.00 100.00 150.00 100.00 Total for Department 700.00 * A T & T(MONTHLY SERVICE) 38.19 Page: 6 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount A TO Z RENTAL CENTER(SUPPLIES - 20/20 VISION) 365.10 * CELLULAR ONE(MONTHLY SERVICE) 13.69 * NORTHWEST ASST CONSULT(MONTHLY SERVICE) 2,611.43 * S. E.H.(MUNICIPAL ENGINEER) 948.24 * T.K.D.A.(MUNICIPAL ENGINEER) 4,930.30 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 1.53 * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY - 20/20 V) 63.00 Total for Department 8,971.48 POLICE DEPARTMENT A T & T(MONTHLY SERVICE) 6.24 ANOKA COUNTY(MOBILE DATA TERMINALS) 450.00 ANOKA COUNTY CHIEFS OF POLICE(MEMBERSHIP DUES) 20.00 BANYON DATA SYSTEMS, INC.(COMPUTER SOFTWARE INSTALL) 225.00 INTL OFFICE SYSTEMS(MAINTENANCE) 120.07 KAULFUSS, RENEE(SUPPLIES) 11.80 MN DEPT OF PUBLIC SAFETY/OISM(MONTHLY SERVICE) 390.00 OTTER LAKE ANIMAL CARE CENTER(MONTHLY SERVICE) 659.07 PETTY CASH(SUPPLIES) 69.65 PETTY CASH(SUPPLIES) 7.35 PETTY CASH(SUPPLIES) 23.00 * PETTY CASH(SUPPLIES) 1.50 * POSTAGE BY PHONE SYSTEM(POSTAGE) 183.06 * ROYAL OAKS CAR WASH(SERVICE) 54.04 TREADWAY GRAPHICS, INC.(SUPPLIES FOR DARE) 200.15 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 283.65 Total for Department 2,704.58 PUBLIC WORKS * A T & T(MONTHLY SERVICE) 2.04 * AMERICAN FASTENERS(PARTS) 24.71 * CELLULAR ONE(MONTHLY SERVICE) 25.37 DEWOLFE, THOMAS(UNIFORM ALLOWANCE '95) 250.00 MSSA(MEMBERSHIP APPLICATION) 25.00 * NORTHERN STATES POWER(MONTHLY SERVICE) 3.14 RIVARD ELECTRIC COMPANY, INC.(STREET LIGHT REPAIR) 110.90 TOTAL WEATHER(MONTHLY SERVICE) 165.00 UNIVERSITY OF MINNESOTA(REGISTRATION) 50.00 ZEP MANUFACTURING CO.(CLEANING COMPOUND) 157.17 RECREATION DEPARTMENT * CELLULAR ONE(MONTHLY SERVICE) * INTL OFFICE SYSTEMS(MAINTENANCE) MRPA(REGISTRATION APPLICATION) * N.R.P.A.(CERTIFICATION APPLICATION) * TODORA, GAIL(SPRING BROCHURE) Total for Department 813.33 56.76 68.11 25.00 30.00 310.00 Page: 7 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * WYLAND, CATHY(NEWSLETTER) 168.76 Total for Department 658.63 SOLID WASTE ABATEMENT COMO LUBE & SUPPLIES, INC.(RECYCLE OIL FILTERS) SMITH OFFICE EQUIPMENT(SERVICE AGREEMENT) * TODORA, GAIL(RECYCLING NEWSLETTER) * WYLAND, CATHY(NEWSLETTER) INTERIM CONSTRUCTION FUND INTERIM CONSTRUCTION 100.00 130.80 70.00 56.24 Total for Department 357.04 Total for Fund 41,989.67 * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY/HWY 49&LK) 36.00 PROGRAM RECREATION RECREATION DEPARTMENT PIONEER COMPANY, INC.(SUPPLIES) PIONEER COMPANY, INC.(SUPPLIES) SEWER OPERATING SEWER DEPARTMENT Total for Department 36.00 Total for Fund 36.00 45.36 325.42 Total for Department 370.78 Total for Fund 370.78 * INFRATECH, INC. SUIT(RECALIBRATE GAS DETECTOR) 170.20 * METRO COUNCIL WASTEWATER SERVI(MONTHLY SEWER SERVICE) 21,267.00 * NORTHERN STATES POWER(MONTHLY SERVICE) 604.48 * OLSEN CHAIN/CABLE CO., INC.(PARTS) 91.38 Total for Department 22,133.06 Total for Fund 22,133.06 SURFACE WATER MANAGEMENT OTHER Page: 8 Date: 02/24/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * S.E.H.(MUN ENGINEER/SURFACE WATER) 576.79 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/SURFACE WATER) 422.00 Total for Department 998.79 Total for Fund 998.79 WATER OPERATING Water Department C. W. HOULE(WATERMAIN WORK) 2,228.98 FEED RITE CONTROLS(CHLORINE CYLINDERS) 10.00 * INFRATECH, INC. SUIT(RECALIBRATE GAS DETECTOR) 170.20 * NORTHERN STATES POWER(MONTHLY SERVICE) 442.04 NORTHERN STATES POWER(MONTHLY SERVICE) 540.45 * PETTY CASH(SUPPLIES) 5.07 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 35.86 Total for Department Total for Fund ** Total ** * - Invoice split to different Departments 3,432.60 3,432.60 $125,597.89 Page: 1 Date: 02/24/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 000010 - A & B SANITATION 000032 - A TO Z RENTAL CENTER 000040 - A T & T 000050 - A T & T 000052 - A T & T 000137 - ALLDRIGE, SUSAN A. 000140 - ALLEN COMPANY 000168 - ALBINSON, INC. 000210 - AMERICAN FASTENERS 000260 - AMERICAN PRESSURE, INC. 000370 - ANOKA COUNTY 000424 - ANOKA COUNTY CHIEFS OF POLICE ASSOC 000430 - ANOKA COUNTY G.I.S. DIVISION 000510 - AUDIO COMMUNICATIONS 000573 - BANYON DATA SYSTEMS, INC. 000620 - BEACON BALLFIELDS DIVISION OF 000810 - BRAUER & ASSOCIATES, LTD. 000930 - WILLIAM G. HAWKINS & ASSOCIATES 000950 - C. W. HOULE 001030 - CELLULAR ONE 001065 - CENTRAL SUPPLY AND MFG. CO. 001110 - CIRCLE PINES, CITY OF 001127 - CITIZENS LEAGUE 001165 - CCP INDUSTRIES, INC. 001171 - COMO LUBE & SUPPLIES, INC. 001211 - COUNTRY INN - WHITE BEAR LAKE 210.00 365.10 32.47 82.69 56.27 1,248.72 300.00 59.41 142.69 79.75 450.00 20.00 45.00 128.00 225.00 320.57 223.20 10,480.70 2,228.98 121.19 37.28 480.93 20.00 416.78 100.00 88.06 Page: 2 Date: 02/24/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001260 - D.C.A. INC. 001270 - DALCO 001288 - DEAN GALLERY, INC. 001300 - DEWOLFE, THOMAS 001407 - EGAN OIL COMPANY 001450 - EXPRESS MESSENGER 001480 - FEED RITE CONTROLS 001530 - FOREST LAKE FORD, INC. 001604 - GELBMANN, RICK 001700 - GOVERNMENT TRAIN SERVICE 001956 - INTNL CONF OF BUILING OFFICIALS 001971 - INFRATECH, INC. SUITE 100 001980 - INTL OFFICE SYSTEMS 002025 - J & E SMALL ENGINE & SPORT 002113 - KAULFUSS, RENEE 002155 - KNOX LUMBER COMPANY 002285 - LANDERS, JOHN 002401 - LINO LAKES MANAGEMENT ASSOCIATION 002512 - MCCRADY, MARLOWE J. 002555 - MESICH, THOMAS 002570 - METRO COUNCIL WASTEWATER SERVICES 002580 - METROPOLITAN AREA 002781 - MN DEPT OF PUBLIC SAFETY/OISM 002930 - MN. MAYORS ASSOCIATION 003050 - MRPA 003060 - MSSA 155.80 278.59 341.59 250.00 1,011.96 68.19 10.00 14.41 100.00 130.00 15.65 340.40 233.59 1.17 11.80 19.88 100.00 268.00 1,421.12 50.00 27,157.50 39.00 390.00 20.00 25.00 25.00 Page: 3 Date: 02/24/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003080 - N.R.P.A. 65.00 003195 - NORDINE, KATHLEEN 100.00 003250 - NORTHERN STATES POWER 2,594.53 003320 - NORTHWEST ASST CONSULT 4,628.48 003390 - OFFICEMAX 241.02 003410 - OLSEN CHAIN/CABLE CO., INC. 138.05 003443 - OTTER LAKE ANIMAL CARE CENTER 659.07 003486 - PELOUZE SCALE COMPANY 7.45 003489 - PETERSON, HARVEY 1,269.44 003490 - PETTY CASH 174.28 003492 - PETTY CASH 100.00 003510 - PIONEER COMPANY, INC. 370.78 003560 - POSTAGE BY PHONE SYSTEM 3,000.00 003620 - PRINTERS SERVICE, INC. 26.25 003789 - RIVARD ELECTRIC COMPANY, INC. 110.90 003805 ROBINSON, AL 100.00 003850 - ROYAL OAKS CAR WASH 61.76 003880 - S.E.H. 28,186.86 003915 - SCHAPS, JAMES 150.00 003939 - SECRETARY OF STATE, ELECTIONS 17.50 003978 - SHARP ELECTRONICS CORPORATION 6,407.00 003985 - SCHONES, EDWARD L. 100.00 004030 - SMITH OFFICE EQUIPMENT 130.80 004126 - ST. PAUL BOOK AND STATIONERY 36.21 004350 - T.K.D.A. 16,358.15 004427 - TIMESAVER OFF-SITE SECRETARIAL 192.00 Page: 4 Date: 02/24/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004428 - TIMOTHY A. PETERS AND 004456 - TODORA, GAIL 004460 - TOTAL WEATHER 004479 - TREADWAY GRAPHICS, INC. 004630 - UNIVERSITY OF MINNESOTA 004640 - UNIVERSITY OF MINNESOTA 004660 - URICH, TRACY 004670 - US WEST COMMUNICATIONS 004850 - WYLAND, CATHY 004900 - ZEP MANUFACTURING CO. 6,250.00 380.00 165.00 200.15 375.00 50.00 21.00 1,657.60 675.00 157.17 ** Total ** $125,597.89 AGENDA ITEM 3 STAFF ORIGINATOR Daniel Tesch, Assistant to the City Administrator DATE 24 February 1995 TOPIC Emerging Communication Services Act of 1995 Please find attached a copy of Draft Six of the Minnesota Emerging Communication Services Act of 1995, as well as Resolution 95-25 which outlines our support of this bill's passage in the Legislature. All members of the North Suburban Cable Communications Commission are being asked to approve this resolution, and forward it on to our state representatives. There are four points to this bill: 1. The protection of public rights-of-way from emerging communication service providers, 2. Recognizes that a wide range of voice, data, and video providers are now and will be on the scene shortly, 3. States that current state statute does not adequately address these needs, 4. Concludes that local authorities must have the authority to require control of rights-of-way via our permitting authority. 1. Approve Resolution 95-25 and instruct staff to forward this resolution to our state representatives. Deny Resolution 95-25. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 25 RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the North Central Suburban Cable Communications Commission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statute 471.59, as amended, and includes the following eight (8) municipalities: Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park (hereinafter "Cities"), and, WHEREAS, the Commission's Joint Powers Agreement, assigns to the Commission the responsibility to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement of the cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to insure equitable and reasonable rates and service levels for the citizens of the Member Cities and, WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications systems so that the Cities may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents and, WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights -of -Way. NOW, THEREFORE, at a regular meeting of the City Council of the City of Lino Lakes, the City has reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation and encourages its adoption by the Minnesota State Legislature for the following reasons: FINDINGS 1. Public Property and Public Rights -of -Way are valuable public assets and Local Authorities are entitled to ensure that the public is benefitted, compensated, protected and able to access and share in the use of any Emerging Communications Services that makes use of those Public Rights -of -Way by a private for- profit provider. RESOLUTION NO. 95 - 25 Page -2- 2. There is a wide range of Persons seeking to use Public Property and the Public Rights -of -Way to deliver video, voice and data services and all such Persons should be treated similarly by State and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze and implement the needs and interests of the local citizen/consumer, and protect taxpayer's investment in Public Property and Public Rights -of -Way. CONCLUSIONS The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Property and Public Rights -of -Way. 1. Obtain permits and comply with minimum state standards and existing local standards for use of Public Property and Public Rights -of -Way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on a city, county and school district specific basis as determined by Local Authorities. 5. Allow Local Authorities to receive compensation for use of Public Property and Public Rights -of -Way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in the value of Public Property and Rights -of -Way as a result of the construction of and occupancy by Emerging Communications Services. RESOLUTION NO. 95 - 25 Page -3- 3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts. This resolution was adopted by the Lino Lakes City Council on the 27th day of February, 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. DRAFT 6 1 A bill for an act 2 relating to Persons who provide Emerging Communications Services; 3 encouraging the development and proliferation of Emerging Communications 4 Services in the State of Minnesota; empowering Local Authorities to control 5 the use of Public Property and Public Rights -of -Way by communications 6 providers; proposing coding for new law as Minnesota Statutes, Chapter 237A. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 8 Section 1. [237A.01] [SHORT TITLE.] 9 Sections 1 - 8 may be cited as the "Minnesota Emerging Communications Services 10 Act of 1995." 11 Section 2. [237A.02] [OVERVIEW.] 12 Minnesota communications law and policy have developed in response to advances in 13 the communications industry. Major policy goals include fostering development of the 14 industry, universality of service, and regulation of actual or near monopolies. In pursuit of 15 these goals, use of Public Property and Public Rights -of -Way has been granted to private 16 interests for the purpose of furthering the development of such business. 17 Section 3. [237A.03] [LEGISLATIVE FINDINGS; POLICY.] 18 Subdivision 1. Findings. The Legislature of the State of Minnesota finds and 19 declares the following: 381648 - February 9, 1995 - Page 1 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 kcjl In the Minnesota Cable Communications Act. Minnesota Statutes 2 Chapter 238, the Legislature has established a plan for the occupancy 3 and use of Public Property and Public Rights -of -Way and declared that 4 it is in the public interest to protect and to preserve the interests of 5 communities with regard to Plain Old Cable Service ("POCS") and yet 6 at the same time established uniform policies that will bring about 7 development and the availability of POCS subject to reasonable state 8 and municipal oversight. 9 0.1 The Legislature recognizes that the services offered by the 10 communications industry and the number of Persons providing those 11 services are rapidly growing and changing. A need exists to develop a 12 comprehensive state communications policy.__ 13 in It has long been the intent of the Legislature to assure that Emerging. 14 Communications Services are fully accessible to every state resident. 15 business and public institution. 381648 - February 9, 1995 - Page 3 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 (k) Local Authorities are responsible for the development and maintenance 2 of Public Property and Public Rights -of -Way. Public Property and 3 Public Rights -of -Way are valuable assets for which it is appropriate for 4 Local Authorities to receive reasonable compensation for the use 5 thereof by Persons for profit. 6 ul In light of Local Authorities' compelling and legitimate interests in 7 ensuring broad and diverse access to communications services in 8 exchange for the occupancy and use of Public Property and Public 9 Rights -of -Way by private communications providers. it is appropriate to 10 require communications providers to reserve capacity for public use. 11 The Public Utilities Commission, as a state agency, is well equipped to 12 develop uniform, statewide policy in the convergence of. 13 communications services. Local Authorities are well equipped to 14 implement and enforce such statewide policies. 15 Subdivision 2. The Legislature of the State of Minnesota makes the following policy 16 statements: 17 Local Authorities must have the authority to require Emerging 18 Communication Services utilizing Public Property and Public Rights -of - 19 Way to: 381648 - February 9, 1995 - Page 5 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 f� ensures enforcement of and compliance with state and federal 2 technical and connectivity standards: 3 L21 enforces financial. technical. and legal qualifications of 4 Emerging Communications Services providers: 5 al authorizes local collection of fees adequate to reimburse Local 6 Authorities for the use and diminution of value and useful life of 7 public rights-of-way and public property in addition to 8 reimbursement for expenses associated with permitting; 9 141 protects local interest in the management of public rights-of-way 10 and public property: 11 in assures discrete delivery of certain communications services to 12 relevant constituencies within Local Authorities. local school 13 districts, and adjoining Local Authorities: _. 14 Section 4. [237A.04] [DEFINITIONS.] 15 Subdivision 1. [APPLICATION.] The definitions in this section apply to this statute 16 237A. 17 Subdivision 2. [EMERGING COMMUNICATIONS SERVICE OR SERVICES.] 18 "Emerging Communications Service or Services" means any communications service 19 other than POTS or POCS delivered to a Subscriber through the utilization of Public 20 Property or Public Rights -of -Way. 381648 - February 9, 1995 - Page 7 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 Subdivision 10. [SUBSCRIBER.] "Subscriber" means a consumer or user of a 2 communications service delivered through the utilization of Public Property or Public 3 Rights -of -Way. 4 Section 5. [AUTHORITY FOR USE OF PUBLIC PROPERTY AND PUBLIC RIGHTS - 5 OF -WAY TO PROVIDE EMERGING COMMUNICATIONS SERVICES.] 6 Subdivision 1. A Person cannot offer Emerging Communications Services unless a 7 Permit is obtained from the Local Authority. 8 ) Application. This Act applies to every Person using (over. under. on, 9 or across) public property or public rights-of-way for the purpose of 10 constructing. operating, maintaining. offering or delivering any 11 Emerging Communications Services. 12 th) A Local Authority acting pursuant to its own authority or in 13 conjunction with other political subdivisions shall require a Permit of 14 any Person subject to this Act. 15 Subdivision 2. 16 The PUC shall promulgate uniform statewide standards and regulations 17 to ensure that the intent and policy of this Act will be accomplished. 18 bi) Within 180 days after the date of enactment of this Act. the PUC shall 19 prescribe. and periodically thereafter revise regulations to carry out its 20 obligations under paragraph (a) above. 381648 - February 9, 1995 - Page 9 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 Interconnection requirements to attain interconnection between 2 Persons providing Emerging Communications Services, where 3 possible,_ within the jurisdictions of Local Authorities. 4 Regulations to ensure that all providers of similar Emerging 5 Communications Services shall be subject to the same 6 requirements pursuant to this Act. 7 Requirements that all existing commitments to municipal, 8 educational. and other public/community services shall be 9 maintained. 10 .7 Requirements that providers of Emerging Communications 11 Services shall provide services to identified discrete communities 12 within Local Authorities. school district. and county boundaries. 13 in Requirements which ensure open access to all communications 14 architecture through the development of a "seamless web" of 15 Emerging Communications Services delivery systems. 16 Uniform construction and safety standards ensuring that Local 17 Authorities retain control over the use of and equipment and 18 facilities located on or in Public Property and Public Rights -of - 19 Way• 381648 - February 9, 1995 - Page 11 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 Requirements for filing written documentation (e.g. location 2 maps) with the PUC and Local Authorities by every Person, 3 including Local Authorities. providing Emerging 4 Communications Services which identifies all wires. conduits or 5 other equipment necessary for the purpose of constructing, 6 operating. maintaining. offering or delivering the Emerging 7 Communications Services which are placed under. above or on 8 Public Property or Public Rights -of -Way. 9 Subdivision 3. Nothing in this Chapter shall diminish. limit. or otherwise restrict the 10 existing authority of cities relative to any corporation or other business association 11 organized to construct. acquire. maintain; or operate telephone lines, as such authority 12 exists as of the effective date of this Act. 13 Section 6. [237A.06] [COMPENSATION FOR USE OF THE RIGHT-OF-WAY.] 14 Subdivision 1. The Local Authority may charge and collect reasonable Permit fees 15 sufficient to recoup the costs of regulation. Such fee may include not only the actual 16 costs of permitting. but all expenses associated with the monitoring of Permit 17 compliance, costs associated with enforcement of PUC regulations and any diminution 18 of value of Public Property or Public Rights -of -Way as a result of the installation 19 upon or continued occupancy of Public Property or Public Rights -of -Way. 381648 - February 9, 1995 - Page 13 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 3 4 5 for the .eriod from throu • h June 0 19 6 On July 1. 19,, such persons shall pay a charge calculated by 7 multi plyinthe applicable base annual charges) by the percentage 8 change during the previous calendar year in the National Consumer 9 Price Index. published by the United States Department of Labor} and 10 then multiplying the sum thereof -by the total length of conduit and/or 11 aerial wire within the Local Authority. Thereafter, such persons shall 12 pay an annual charge which shall be calculated by multiplying the 13 previous year's charge by the percentage change during the previous 14 calendar year in the National Consumer Price Index and then 15 multiplying the sum thereof by the total length of conduit and/or aerial 16 wire within the Local Authority. In the event such Index ceases to be 17 published. the PUC. may select another measure of general price 18 changes. The Local Authority shall notify such persons of the base 19 annual charges for the subsequent year by June 1 of each year, setting 20 forth the calculation of the charge. Under subsection (b), persons providing emerging communications services shall pay. as initial compensation, an amount calculated by multiplying the applicable base license chargefs) by the total length of conduit and/or aerial plant system within the Local Authority. pro -rated 381648 - February 9, 1995 - Page 15 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson 1 Subdivision 5. Regulations promulgated pursuant to this Section 7 shall provide that 2 if the Local Authority determines that any portion of reserved public space will go 3 unused, the reserved amount may be reduced by such unused portion. 4 Subdivision 6. The technical quality of reserved public space shall be equivalent to 5 the highest technical quality of the remaining capacity of the affected communications 6 network in all respects. 7 Subdivision 7. Eligible Entities. The following entities are eligible for access to 8 public space reserved under this section which shall be allocated and used in the 9 discretion of the Local Authority. 10 Lai state and tribal governments. and Local Authorities and their agencies: 11 @) accredited educational institutions open to enrollment by the public; 12 public and nonprofit libraries: and 13 ) nonprofit organizations described under section 501(c)(3) of the Internal 14 Revenue Code of 1986 that are formed for the purpose of providing 15 nondiscriminatory public access to noncommercial educational, 16 informational, cultural, civic. or charitable services. 17 Subdivision 8. Terms and conditions of access. Such eligible entities shall have 18 access to such public space at no charge (for installation or service) if using such 19 public space only for the provision of educational, informational, cultural. civic or 20 charitable services directly to the public without charge for such services. 381648 - February 9, 1995 - Page 17 Prepared jointly by the law firms of Fredrikson & Byron and Bernick and Lifson COMMISSION'S SENATOR & REPRESENTATIVE MAILING LIST STATE SENATORS: Senator Don Betzold State Capitol Room G-24 St. Paul, MN 55155 (612) 296-2556 Senator Jane Krentz State Capitol Room 235 St. Paul, MN 55155 (612) 296-7061 Senator Gene Merriam State Capitol Room 122 St. Paul, MN 55155 (612) 296-4154 STATE REPRESENTATIVES: Rep. Mike Delmont State Office Building Room 575 St. Paul, MN 55155 (612) 296-4226 Rep. Joel Jacobs State Office Building Room 485 St. Paul, MN 55155 (612) 296-4231 Rep. Phil Krinkie State Office Building Room 303 St. Paul, MN 55155 (612) 296-2907 Rep. Doug Swenson State Office Building Room 255 St. Paul, MN 55155 (612) 296-4124 Senator Paula E. Hanson State Capitol Room 328 St. Paul, MN 55155 (612) 296-3219 Senator Linda Runbeck State Office Building Room 107 St. Paul, MN 55155 (612) 296-1253 Rep. Tom Hackbarth State Office Building Room 313 St. Paul, MN 55155 (612) 296-2439 Rep. Alice M. Johnson State Office Building Room 539 St. Paul, MN 55155 (612) 296-5510 Rep. Teresa Lynch State Office Building Room 295 St. Paul, MN 55155 (612) 296-5369 Rep. Charlie Weaver State Office Building Room 261 St. Paul, MN 55155 (612) 296-1729 PLANNING & ZONING BOARD February 8, 1995 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED .............................................. TIME ENDED MEMBERS PRESENT: ALSO PRES ENT February 6:33 P.M. 9:58 PM. Gelbmann, Landers, Mesch, Nordne,_ Robinson, Schaps, Schones Planning Coordinator Wyland, Bu ldang Inspector Pete'Kiuegel, Planning Consultant Brixius, and Acting City Engineer Powell. I. II. IV. CALL TO ORDER AND ROLL CALL APPROVAL OF MINUTES: Al Robinson made a MOTION to approve the minutes of the January 11, 1995 meeting as submitted and was supported by John Landers. All voted aye. Motion carried. APPROVAL OF AGENDA: Chairman Schaps noted a change to the agenda regarding item V. D., this item would be continued until the March 8, 1995 meeting. Chairman Schaps indicated the Department of Natural Resources had not had an opportunity to give an opinion and this is the reason for the continuation. Al Robinson made a MOTION to approve the agenda as amended and was supported by Ed Schones. All voted aye. Motion carried. OPEN MIKE: Chairman Schaps declared the Open Mike portion of the meeting opened at 6:36 p.m. Chairman Schaps at this time asked if anyone in the audience wished to address the Planning and Zoning Board regarding issues not already on the agenda. Kim Sullivan addressed the Board with an update of the 20/20 Vision Community meetings held on January 25 and 26. Ms. Sullivan noted measurable interest in the City for the project, approximately 250 residents were involved in the two day meetings or wrote her. Ms. Sullivan briefly reviewed information that was discussed at these meetings and the results. Ms. Sullivan noted the main concerns of residents were: 1. Citizens desire a balance of growth in the city, with environmentally friendly and in appearance, reflect the community's strong environmental flavor. PLANNING & ZONING BOARD February 8, 1995 2. Citizens desire to maintain wetlands and wildlife habitats. 3. Citizens want this growth to follow a documented plan about which they are consistently informed. 4. Citizens want concentrated development: town square, commercial/light industrial parks, residential areas and open space. 5. Citizens want a community center. 6. Citizens want more community activities, organized recreation and education. 7. Citizens want more information about city business issues. Ms. Sullivan indicated advisory groups will be formed, made up of 12-15 members each. Any individual wishing to be on an advisory group should apply, Ms. Sullivan has created a two page form that will be filled out and the applicant is asked to indicate why they are interested in the group and provide their qualifications. Ms. Sullivan noted these advisory groups will meet for approximately eight to ten weeks and then regroup and form recommendations to the city council and boards. Mr. Mesich inquired how the groups will contain a group with a variety of ideas and concerns. Ms. Sullivan indicated this is the reason for the applications, this will provide an avenue for reviewing the individuals and establishing a variety for the groups. Chairman Schaps thanked Ms. Sullivan for her information. Al Robinson made a MOTION to close the Open Mike portion of the meeting and was supported by John Landers. All voted aye. Motion carried. Open Mike portion was closed at 6:45 p.m. V. PLANNING ITEMS: A. 95-3-P, Hardwood Creek, 7979 24th Avenue, Minor Subdivision. Planning Coordinator Wyland indicated Mr. and Mrs. Erickson, owners of the property at 7979 24th Avenue, known as Hardwood Creek Farm, have reconsidered their requested minor subdivision submitted at the January Planning and Zoning Board meeting. The revised request is to split a 10 acre parcel, containing the dwelling, from the 50+ acre site. Ms. Wyland indicated this 10 2 PLANNING & ZONING BOARD February 8, 1995 acre parcel will meet the lot area and street frontage requirements for the rural zoning district. Ms. Wyland indicated staff has reviewed the request and would recommend approval of the minor subdivision as submitted with the following conditions: 1. A park dedication fee in the amount of $500 be collected prior to recording of the minor subdivision with Anoka County. John Landers made a MOTION to approve the Minor Subdivision as submitted with conditions listed by staff and was supported by Tom Mesich. All voted aye. Motion carried. Chairman Schaps noted this item will be reviewed by the Lino Lakes City Council at their February 13, 1995 meeting. B. PUBLIC HEARING, 95-3-C, Kids at Heart Child Care, 7330 Lake Drive, Conditional Use Permit. Chairman Schaps OPENED the public hearing at 6:50 p.m. Planning Coordinator Wyland, indicated the Kids at Heart Child Care Center is located at 7330 Lake Drive in the Gethsemane Methodist Church building. They have been at this site since January of 1993 and hold a license from the State of Minnesota for 35 children. Ms. Wyland noted that recently a request was submitted to the State to increase the number of children to 42. Ms. Wyland noted the State Licensing Division, Fire Marshall, the Building Inspector and herself have inspected the site and found it to be in compliance with all applicable requirements. She indicated the Conditional Use Permit will be subject to various State Inspections and City review on an annual basis. Ms. Wyland indicated staff recommends approval of the Conditional Use Permit with the following conditions: 1. A License from the Minnesota Department of Human Services be maintained at all times. 2. Access to the premises be provided upon notification of annual and periodic inspections from appropriate City Staff. 3. An increase in the number of children to be served in the facility will require modification of the license from the State. Staff would require 3 PLANNING & ZONING BOARD February 8, 1995 notification of any increase and inspection by the building inspector and fire marshall to determine adequacy of structure but waive the requirement of an Amended Conditional Use Permit. Mr. Landers indicated concern if the facility was notified of an upcoming inspection, problem areas would be missed regarding care of the children. Mr. Robinson indicated notification would help staff identify people in the building, that normally would not be present. Mr. Mesich indicated the City is not qualified to denote any problem areas in the care giving, that would be up to the Licensing Division, therefore notification would be a mute issue. Chairman Schaps invited anyone who had comments regarding this public hearing to step forward. Mr. John Dorsuch, 7252 Stage Couch Road, indicated since the area is being reviewed, he would like to see a cul- de-sac instead of a dead end street, for traffic purposes. Mr. Dan Cook, 7290 Stage Couch Road, indicated drainage problems due to a ball field constructed on the church property. City Engineer Powell indicated the issue would be reviewed in the spring. Mr. Cook indicated he was not opposed to the day care, but just wanted the drainage issue addressed. Al Robinson made a MOTION to close the public hearing and was supported by Rick Gelbmann. All voted aye. Motion carried. Public hearing was CLOSED at 7:08 p.m. Ed Schones indicated he would like to add a fourth condition directing staff to review the drainage and grading issues and address them this spring. Ed Schones made a MOTION to approve the Conditional Use Permit for Kids at Heart Child Care, 7330 Lake Drive with the stated four conditions and was supported by Al Robinson. All voted aye. Motion carried. Tom Mesich abstained from voting. C. 95-5-P, Wayne Scanlan, 6848 Otter Lake Road, Minor Subdivision Planning Coordinator Wyland indicated Mr. Wayne Scanlan, owner of the Otter Lake veterinarian Clinic at 6848 Otter Lake Road, is requesting a Minor Subdivision to split a 4.01 parcel of property from his 5.45 acre lot. Ms. 4 PLANNING & ZONING BOARD February 8, 1995 Wyland noted both the existing lot and the newly created lot will meet the lot size requirement. Ms. Wyland indicated the City's Economic Development Advisory board would recommend approval of this proposed lot split. The property is intended to be sold for the development of a pet supply and dog training facility. Ms. Wyland added a site plan review will, most likely, be submitted for Planning and Zoning Board review in the near future. Ms. Wyland indicated staff has reviewed this request and would recommend approval of the Minor Subdivision with the following condition: 1. A Park Dedication fee in an amount as determined by Ordinance No. 5-91' be submitted prior to issuance of any building permits for the site. This fee is determined based on both the use of a building and the size of said building, therefore, a determination of the actual Park Dedication Fee can not be made at this time. Mr. Landers inquired if the dogs would be housed on site. Ms. Wyland indicated they would not be housed, it would be a training facility only. Mr. Scanlan indicated the facility would be used for obedience and show training. Chairman Schaps inquired as to what time frame the developer is estimating completion. Mr. Scanlan indicated a fall goal has been set for completion. Mr. Schones indicated concern that an on-site septic system would be allowed on a small acre parcel. Ms. Wyland indicated their is not a 10 acre requirement for industrial zones. John Landers made a MOTION to approve the Minor Subdivision for 6848 Otter Lake Road, with stated condition and was supported by Al Robinson. 6 voted aye 1 nay, Mr. Schones voting nay. Motion carried. D. Shoreland Management Ordinance. CONTINUED TO MARCH MEETING. E. PUBLIC HEARING MUSA Amendment. Planning Consultant Brixius indicated a "Neighborhood Meeting" was held on Thursday, February 2, 1995. He indicated the meeting was well attended. As a result of the meeting, approximately six properties were removed 5 PLANNING & ZONING BOARD February 8, 1995 from the designated growth area and a few added. Mr. Brixius presented a report regarding amendment and its contents. Mr. Brixius designated growth areas and estimated growth properties the MUSA noted the rate. Mr. Brixius explained the designated growth areas are areas that are anticipated to have the greatest pressure to develop, due to surrounding existing developments. Mr. Brixius reiterated, although an area is designated, it in no way states that this area will be developed, that will be up to the individual property owner. Mr. Brixius indicated the benefit of the Land Bank procedure is so that property owners are not required to pay inflated taxes due to property value based on designated MUSA land. He indicated this would give the owner an opportunity to decide whether their property should be developed or not, if undeveloped it would not be included in MUSA designation. Mr. Robinson inquired if there is 40 acres to be developed but only 20 acres is buildable and the rest is wetland, is the entire amount contributed as MUSA land. Mr. Brixius indicated only the buildable land would be attributed to MUSA land. Mr. Schones indicated that the fact that Lino Lakes contains so much wetland, should be a viable cause for the Met Council to review the flexibility requests. Mr. Brixius indicated actually the Charter will be more viable as an indication of unique features in Lino Lakes. Chairman Schaps CONTINUED the public hearing at this time and opened the floor for public comment. Mr. Christopher Lyden, 6275 Holly Drive, inquired if the City decides that 300 homes a year is too much for development, what is the recourse. Mr. Brixius indicated the City will continue to have control on the amount of development and what kind of development. Mr. Lyden indicated he did not feel the Land Bank would provide efficiency and believed it to be premature. Mr. Gelbmann indicated the efficiency referred to regarding the amendment, is in regards to providing urban services, such as utilities, emergency services, not how the City develops and how many house can be developed in one year. Ms. Amy Donlin read a letter from her father, Mr. Art Hawkins regarding the MUSA amendment. He had indicated he felt further review should be made and numbers verified before the City move forward. Mr. Hawkins did 6 PLANNING & ZONING BOARD February 8, 1995 state the proposed ordinance presented a wealth of information for long-range planning, but hoped the word was not final yet. Ms. Donlin then indicated resident concerns for well rounded development and not just roof top development. Mr. Maurice Chenal inquired if the MUSA would require low cost housing to be included in development. He also inquired as to the determination of affordable housing. Mr. Brixius indicated affordable housing is based on the regions average income, and currently Lino Lakes has one- third of stock of homes that are under $90,000. Mr. Gerald Clausen, 6129 Baldwin Lake Road, indicated he was against the requirement for residents to hook up to city sewer. He believes his property would not benefit from city sewer and would only impose unnecessary additional taxes. Mr. Powell indicated clarification, residents will not be forced to hook to city sewer as dictated by the City Charter. Mr. Powell indicated because the MUSA is designated does not mean the sewer will be developed. Mr. Powell also indicated when assessments are made, the burden of proof falls on the City to show that utilities will appreciated the value of the property. If this cannot be proven in an amount at least equal to the proposed assessment, the assessment is not allowed. Mr. Powell noted for information that other areas such as North Oaks has had contamination to on-site septic systems and sometimes on-site septic system can provide for a catastrophic circumstances. Mr. Paul Montain indicated support for the MUSA amendment and noted he believed this to be a tool to help the City better plan development in the future. He noted residents are not forced to develop, but those who wish to develop their land can then have an opportunity to apply for MUSA designation. Ms. Sue Moliter, 7806 Sunset Avenue, indicated support for the MUSA amendment and noted she was impressed with the City staff and all their efforts. Ms. Moliter indicated she had attended the 20/20 Community meeting and the concern was for proper planning. She believed the MUSA amendment is the preliminary stage and will compliment the goals of the residents, therefore there would be no reason to wait to proceed with the amendment. Ms. Moliter indicated the rights of all residents need to be insured, including the residents who wish to develop portions of their properties. 7 PLANNING & ZONING BOARD February 8, 1995 Ms. Tracy Douglas, 540 Lilac Street, indicated support for the MUSA amendment. Mr. Duff Dorshner, 307 Lilac Street, inquired if he wished to divide his property how would his taxes be affected. Mr. Brixius indicated his taxes would not be affected until the time of actual development, excluding any increase in property value. Mr. John Johnson indicated support for the MUSA amendment, he is representing Mr. Gary Uhde who will be developing 40 acres in the Behm's Century Farms project. Mr. John Thompson indicated his property is located along Baldwin Lake Road and is in support of the MUSA amendment. He believes the Land Bank system to be a practical way to development Lino Lakes. Mr. Roger Weisner, 499 -62nd Street, indicated support for the MUSA amendment and is looking forward to development. Ms. Alice Junes inquired how her land that has been designated as growth area could be developed, since over 50 percent is wetland. Mr. Brixius indicated that her land would not be developed unless she requested platting and then she would apply for MUSA designation, if it is not in the desire of the owner to develop they do not have to develop. Mr. Tom Donlin indicated general support for Land Banking, but noted a couple of problems. First he indicated transportation will have to be addressed, and secondly schools. Mr. Chris Lavear, indicated he believed the City should slow down and wait for the recommendations of the 20/20 Community Project. Mr. Mesich inquired as to amount of land zoned R-1 and R - lx. Mr. Brixius noted except for a small portion the land is not zoned. Mr. Mesich indicated then the City still has control over the development that would be constructed. Mr. Brixius indicated this would be correct. Chairman Schaps indicated there is also the possibility that the Met Council might not even accept this MUSA amendment. Ms. Sharon Lane indicated her support for the 20/20 Community Project and felt the City should wait until June when recommendations from the community have been made. 8 PLANNING & ZONING BOARD February 8, 1995 Ms. Wyland indicated she had received a letter from a resident from, 505 62nd Street, wished not to be included in the designated growth area. Ms. Caroline Dahl indicated she would like the City to wait until the recommendations of the Community Project are presented. Chairman Schaps indicated this MUSA amendment provides a vehicle by which to develop, but does not establish developments. He indicated this would also provide for flexibility against citizens being unfairly taxed if the land is never going to be developed. Mr. Schones indicated his desire to wait on a decision. Ms. Nordine commented that moving forward would not affect the recommendations of the 20/20 Community Project. Mr. Robinson publicly thanked Ms. Nordine for her contributions to the Planning and Zoning Board, this would perhaps be Ms. Nordine's last meeting. (Ms. Nordine excused herself at 9:05 p.m.) Ms. Wyland noted that she had received a letter from Ray Miller, property owner along 62nd Street, who would like to be included in the designated growth area. Mr. Tim Kytonen indicated support for the MUSA amendment and noted interest in developing land south of Fox Trace. Mr. Tom McDonough indicated support for the MUSA amendment as a property owner near Ash Street and Baldwin Lake Road. Ms. Joyce Sharpen indicated support for the MUSA amendment, she noted the City should proceed and not wait. Al Robinson made a MOTION to CLOSE the public hearing and was supported by Tom Mesich. All voted aye. Motion carried. Discussion was held at length regarding the MUSA amendment. Ed Schones made a MOTION to table the MUSA amendment until a later date and was supported by John Landers: Ayes: Schones, Landers Nays: Gelbmann, Mesich, Schapes Robinson Motion was failed. 9 PLANNING & ZONING BOARD February 8, 1995 Al Robinson made a MOTION to approve the MUSA amendment and was supported by Rick Gelbmann. Ayes: Robinson, Gelbmann, Schaps, Mesich Nays: Landers, Schones Motion carried. Chairman Schaps called a brief recess at 9:25 p.m. The meeting was reconvened at 9:38 p.m. F. Ordinance N. 1-95 Revisions to Fence Ordinance PUBLIC HEARING. Chairman Schaps OPENED the public hearing at 9:39 p.m. Planning Coordinator Wyland indicated at the request of our Building Inspector, City Staff has reviewed the existing fence ordinance and proposed changes. Ms. Wyland indicated staff has reviewed the fence ordinance in several adjoining communities including Circle Pines, Blaine, Hugo, Forest Lake, White Bear Township, New Brighton, and Arden Hills. Al Robinson made a MOTION to CLOSE the public hearing and was supported by Rick Gelbmann. All voted aye. Motion carried. Discussion was held regarding fence requirements for businesses. By consensus the addition to condition number six was removed and left as originally written. Rick Gelbmann made a MOTION to approve the Ordinance Amending the Fence Ordinance and was supported by Al Robinson. All voted aye. Motion carried. VI. DISCUSSION: Mr. Landers requested information regarding low income housing at a future meeting. VII. ADJOURNMENT: Al Robinson made a MOTION to adjourn the meeting. All voted aye. Motion carried. The meeting was adjourned at 9:58 p.m. 10 COUNCIL MEETING kVA CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 27, 1995 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Assistant to the City Administrator, Dan Tesch; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Accountant, Paula Schloer; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The agenda was approved as presented. OPEN MIKE Tom Donlin, 6100 Centerville Road - Mr. Donlin said he is speaking as a citizen of Lino Lakes and is concerned about the proposed development of Clearwater Creek. He said he was not opposed to Mr. Emmerich's right to develop his land and is not opposed to development in general as long as it is done in an organized and consistent manner. Mr. Donlin said he is not opposed to development as long as the concerns of the existing residents and citizens are addressed and answered in full. Mr. Donlin said that at this time he is opposed to the Clearwater Creek development because it is not a logical extension of existing services and the legitimate concerns of the residents and the Planning and Zoning Board have not been answered. He asked the City Council to address each of the following concerns and answer them in full before any action is taken on the development. Mr. Donlin said he would read his concerns, and asked each Council Member to think about the timing of the development and ask themselves if, at this time, does adding 456 new homes make sense. PAGE 1 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Donlin's first concern was White Bear School District No. 624. He noted that his daughter will be attending this school district. Mr. Donlin felt that this should also be a great concern to Mr. Emmerich (the developer) because one of the most important issues when buying a new home is where will the children be going to school. He noted that in recent months, this school district has been forced to lay off teachers, increase class sizes and eliminate many programs. Although the school district policy is not to oppose or support development issues, Mr. Donlin asked if adding 456 new homes to this school district makes sense at this time? Mr. Donlin's second concern is the sewer and water extensions in the Joint Powers Agreement with the City of Hugo. He said it is his understanding that the Clearwater Creek development will be served by a gravity sewer with a lift station connecting it to the existing 10 inch forcemain pipe which will carry the sewage to the Hugo/Forest Lake interceptor. Mr. Donlin's concern is the existing 10 inch pipe which was constructed in 1976/1977 as an interim system designed to be replaced around 1990 with a permanent gravity system. Mr. Donlin noted a letter dated April 28, 1976 from Richard Dougherty of the Metropolitan Waste Commission to the City Clerk -Treasurer of Hugo, Carole Williams. Mr. Dougherty assures the City of Hugo, "based the current trends this system will have a design life beyond the year 2020". Mr. Donlin said he could not help but think of some other fine products of the late 1970's such as the Ford Pinto and the AMC Pacer. Mr. Donlin said, "with proper maintenance they were designed to last until 2020 and beyond". However, he doubted that in the year 2020 anyone will jump into the family Pacer and expect it to go anywhere. Mr. Donlin said his point is that the forcemain has broken three (3) times and needs to be thoroughly inspected before any new capacity is added. He asked, does adding 456 new homes to this system make sense. Mr. Donlin's third concern is Otter Lake Road. He explained it does not have any shoulders, is only 28 feet wide and is rated poor by one Anoka County Engineer. He said this development would add 2,950 trips per day to a road which is considered below county road standards by the same engineer. Mr. Donlin noted that SEH prepared a traffic study for the City of Lino Lakes. This study states, "the traffic volumes added to Otter Lake Road will not create significant traffic problems". Mr. Donlin said this statement is also reflected in Mr. Brixius' planning report, Executive Summary to Ms. Wyland dated October 7, 1994. Mr. Donlin said that part of the sentence from this report is missing in Mr. Brixius statement. The missing part of the sentence states, "This is one of the most intense single family developments possible between the County Road J interchange and PAGE 2 COUNCIL MEETING FEBRUARY 27, 1995 Clearwater Creek, however the traffic volumes added to Otter Lake Road will not create significant traffic problems". Mr. Donlin continued quoting from the same report, "SEH generally considers that more than 2000 vehicles per day traveling past a residential unit is very undesirable". Mr. Donlin asked if the City is going to tell 15 to 20 existing homeowners between County Road J and Clearwater Creek that 2950 cars per day will pass their homes? Mr. Donlin explained that the SEH study does not consider the new theater under construction on the south side of County Road J and the number of "kids" using County Road J to get to the theater or the traffic generated by the new commercial and industrial park north of Clearwater Creek. Mr. Donlin asked if it made sense to approve this development without Otter Lake Road improvements, and if the improvements occurred, who will pay the costs. He asked again, at this time, does adding 2950 trips per day to Otter Lake Road make sense? Mr. Donlin thanked the City Council for allowing him to speak and said he hoped that the City Council would answer some of the questions and problems in a way that makes sense. Karen Cunningham, 2310 Cedar Street - Mrs. Cunningham noted that she has inquired about this same issue before but is again asking about the water drainage from the development. She noted that she has talked about the matter many times and voiced her many concerns. Mrs. Cunningham referred to a newspaper article about this development and quoted from it as follows: "I have listened to the same questions for a year and no matter how well we have answered them, it is not good enough". Mrs. Cunningham said she did not feel the questions have been answered well enough. She explained that every answer makes her feel more than ever before that she will have a water drainage problem and her pasture will be flooded. She noted that she was very concerned and questioned the joint water study prepared for the City's of Hugo and Lino Lakes. Mrs. Cunningham was told at the City Hall that the water study had been completed but heard from citizens that the study was not complete. She talked to someone at the Hugo City Hall and they drafted a letter to her. She gave the City Council a copy of the letter. The letter is written by the Hugo Administrator and states that they are still awaiting the final study and it is not complete. Mrs. Cunningham has been keeping notes on the development process and noted that they were told earlier that the study was to be completed before the development would be voted on. She felt that this is misleading. Mrs. Cunningham explained that she and her neighbors want to think that what they are being told is correct and felt it was vital that the drainage study be completed before this development is approved. PAGE 3 COUNCIL MEETING FEBRUARY 27, 1995 Acting Mayor Neal asked who told Mrs. Cunningham that the study was completed. Mrs. Cunningham explained that there were letters in the packet that she was given at city hall stating that the water study was completed. Also she noted that it has been stated over and over that the study has been completed. Mrs. Cunningham said that the drainage problem is not the only thing that has not been resolved. She explained that the ditch crossing her land from the proposed development is in need of repair. Mrs. Cunningham felt that if more homes are going to be built in this area there is a potential that more water will be going through her land and flood if the ditch is not repaired. She felt that the responsibility for maintenance or repair of the ditch is not just the responsibility of the Rice Creek Watershed District (RCWD) but the responsibility of everybody who lives around it. Mrs. Cunningham explained that although she has said this before, she would say it again. The area is very nice as a rural area and although she is not against development she felt that too many homes were being proposed for a rural area that now contains farm lands and hobby farms. Mrs. Cunningham said that all the problems should be addressed before additional homes are built. She also noted that if the area was left rural, these issues could be handled. Mrs. Cunningham gave the City Council a copy of the letter she received from the City of Hugo. Dennis Cunningham, 2310 Cedar Street - Mr. Cunningham said he had concerns to those already expressed. He quoted from the minutes of February 13, 1995, page eight (8), Drainage., "A hydrological study funded jointly by the City of Hugo and the City of Lino Lakes for this areas has been completed by the Hugo City Engineer, OSM". Mr. Cunningham noted that the minutes reflects that the study is complete and yet the information just presented by Mr. Donlin seems to indicate that the study is not complete. Mr. Cunningham referred to a report dated October 7, 1994 from Northwest Associated Consultants (NAC) which mentions that an area storm water management plan is being prepared in cooperation with the City of Hugo. Mr. Cunningham quoted, "The results of this study directly affects this proposed plat" and further recommends that the City of Lino Lakes continue the hearing to allow the study to be completed in order to properly evaluate storm drainage aspects. The conclusion of the NAC report says studies pertinent to this subdivision are outstanding and did not believe that sufficient information is available to properly evaluate the proposal. NAC recommended that without this information the consideration of the rezoning and the preliminary plat is premature. Another letter from TKDA dated February 10, 1995 mentioned a preliminary study which has been reviewed by PAGE 4 COUNCIL MEETING FEBRUARY 27, 1995 Hugo and Lino Lakes, however a great many details regarding implementation and financing of any improvement must be worked out. Mr. Cunningham also referred to the recent letter from the City of Hugo which states that the study is not complete. Mr. Cunningham noted that many times it has been stated that only two (2) phases of the proposed plat are being proposed at this time, however, all phases are necessary to bring about the commercial and industrial growth. Yet the City is still looking at only this one small portion. He felt that is why some people are calling this an island of development. If the other phases do not occur, there will be just this one section and it will not fit into the area. Mr. Cunningham referred to page 11 of the February 13, 1995 minutes in which the White Bear Lake School Superintendent's letter was mentioned. He took exception to this portion of the minutes. The minutes quoted the letter as follows: " it is not the policy of the White Bear School District to look at stoppage of growth as a way of controlling School District problems". Mr. Cunningham felt that the minutes appear to say that the School District is not opposed to or does not want to limit development to control growth. He said that the letter that was written by the Superintendent does not say what was quoted. Mr. Cunningham said he was still concerned about the five (5) criteria for rezoning. The Planning and Zoning Board did not approve the rezone or the preliminary plat. He said that when the rezone and the preliminary plat were presented to the City Council it was passed. Mr. Cunningham listed the five (5) criteria as follows: Consistency to Comprehensive Plan - Mr. Cunningham found no fault with this finding since the MUSA and everything else is there. Compatible With Present and Future Land Use - The Planning and Zoning Board did not feel that this criteria was met. There are no other R-1 areas near the development, it is bordered on the west by a freeway, rural with hobby farms to the south, rural with wetlands to the east and rural and industrial to the north. This subdivision would be a small island with a lot of houses in a rural area. Council Member Bergeson asked that a warning be issued to prospective new home buyers that there are horses in this area. Mr. Cunningham felt that if there is a need for this warning, then it is not compatible with existing uses. Since the proposed plat is bordered on the south and east by hobby farms, problems could occur. Conforms with Performance Standards Within the Zoning Ordinance - PAGE 5 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Cunningham said the Planning and Zoning Board stated concerns about the wetlands. He listed the three criteria for wetlands, vegetation, soil and the water table. Mr. Cunningham noted that Mr. Emmerich's delineation expert was out and looked at the land, studied the vegetation, looked at the soil maps. Some borings were made. Mr. Cunningham asked if these boring sufficiently determined where the water table is for the entire project. He asked if the third criteria had been met. Proposed Use can be Accommodated by Existing Public Services - Mr. Cunningham said that the Planning and Zoning Board did not feel that the school facilities issue was adequately addressed and noted that two (2) bond issues have been defeated since the Planning and Zoning Board's consideration of the matter. He also noted that both staff and Mayor Reinert, at the last Council meeting and the following neighborhood meeting, said that this is not a City issue but a school district issue. Mr. Cunningham said that as a responsible governmental unit, the City Council must consider the ramification of its actions. He said if the City Council is not part of the solution then it is part of the problem. If more problems are being created, the City Council is not a responsible unit. Traffic Generated by Proposed Use is Within the Capacity of the Street Serving the Property - Mr. Cunningham noted that the Planning and Zoning Board took issue with the condition and capacity of the roadway and expressed concern regarding bicycle and pedestrian traffic. He said that SEH appears to address capacity to some extent however, only that it is designed wide enough to handle traffic with turn lanes and yellow lines for no passing zones. The SEH report says nothing about the underlying road structure and that is where the problems are. The road is breaking up and is in need of constant repair. It was stated at the last Council meeting that perhaps the County will have to overlay the roadway more often and this situation is a County problem. Mr. Cunningham suggested that if the City adds more traffic to this roadway, the City should look at it as their problem, not just a County problem. Mr. Cunningham said that since a rezone of the proposed plat will have a direct affect on schools and roads serving the plat, the City must responsibly assess the impact of their actions upon these areas of concern. He said that unless the City Council can say, with no reservation, that the proposed plat does not present a burden upon schools and roads serving the area, the Council must vote no to the proposed plat or become a part of the solution to any negative impact the Council decision imposes on any other government unit. Mr. Cunningham said that he feels the best use for the 121 acres is still as a rural area. PAGE 6 COUNCIL MEETING FEBRUARY 27, 1995 John Elder, 13920 Elmcrest Avenue, Hugo - Mr. Elder said that his concern is in regard to the breaks in the forcemain interceptor that runs between the City of Centerville and the City of Hugo. He noted that there have actually been four (4) breaks in this line since it was constructed. Mr. Elder explained that Mr. Powell does have written information from the former Metropolitan Waste Control Commission describing these breaks. Mr. Elder described the breaks in the line and also noted that he had received a letter from the Metropolitan Waste Control containing information regarding when the forcemain was constructed and information regarding the leaks. The letter states that the leaks were repaired upon notification to the Metropolitan Waste Control Commission, however some of the leaks were undiscovered for several days. The letter also says that the 18 year history of the forcemain indicates the condition of the forcemain. Mr. Elder talked to current Metropolitan Council Waste Water personnel and they told him that the pipe has never had a televised inspection to determine the condition of the pipe. Although there are plans to perform a televised inspection, this may not occur for another year or two. Mr. Elder said that because of the frequency of the breaks in the pipe line and because of the location of the pipe line he was concerned regarding whether this is really the time to connect another 450 homes. He asked if the pipe line should be thoroughly inspected now before the City makes the actual connection. Mr. Elders asked Mr. Powell what would happen if the flow of sewage has to be cut off to do a repair? Mr. Powell will respond to this question when the matter comes up later this evening. Mr. Elder referred to the joint Clearwater Creek drainage study and said that he has heard that there is now adequate information to go forward with the proposed plat. He noted that the Hugo City Council is meeting this evening and will discuss the Clearwater Creek development and the impact it will have for the City of Hugo. He explained that a letter was faxed to the Lino Lakes city hall about this situation. Mr. Elder said his biggest concern is that two (2) towns are trying to work together, however Lino Lakes does not want to wait until both towns get the final information regarding the drainage study and allow equal input into the development. He noted that this development will impact both cities because of the drainage and may affect whether or not the City of Hugo can connect to the force main pipe line. Mr. Elder said that the City of Lino Lakes is jumping into something before all of the preliminary work is completed. He said he sees a carrot being dangled and the City rushing to approve the development so that the commercial and industrial areas can be developed on County Road 14 (Main Street) and the City can offer the commercial developer a break. PAGE 7 COUNCIL MEETING FEBRUARY 27, 1995 Sherrie Eisele, 6509 - 24th Avenue - Mrs. Eisele said that her property would be in either phase four (4) or five (5) of the proposed development. She said that the sense of timing is what bothers her about the development. Mrs. Eisele said that the City keeps saying that the development will be "narrowed" into 153 homes or it will slowly phase in. She felt that this is not a slow process. Mrs. Eisele said that either the City will have 153 isolated homes or a huge community. She said timing is a big piece because at this time the school district is looking at a very serious school situation. Mrs. Eisele said she has two (2) children in the White Bear School District which is facing major problems. She said that the City of Lino Lakes according to the 20/20 Vision wants to be a community that offers "K through 12 quality education". Mrs. Eisele asked how can the City offer quality education when the White Bear Lake School District is considering closing a school, and increasing the number of kids in a school. She asked how are these children going to learn when they are sitting body to body. Mrs. Eisele asked if this is a serious part of the Lino Lakes vision, how does the City expect to offer a community of 450 new homes a school system. How can the development be marketed under these conditions and how can the City responsibly offer this community to new families. Mrs. Eisele referred to the 20/20 Vision program dealing with citizens concerns such as the citizens desire for a community that shows growth and balance and citizens value the physical environment and desire to maintain wildlife and wetland habitats as part of the overall balance of the development. Mrs. Eisele said that this is a rural area with horses and hobby farms. She said, "I do not understand why the Lino Lakes Council wants house after house after house". She said that there are many ways to develop property and she would prefer the area to stay the way it is. Mrs. Eisele noted that this is not realistic. However, she felt that the City must be realistic and say do we have to have 450 homes or is there another way to develop this property. She asked if the City could look at three (3) to five (5) acre developments and bring in big homes. Mrs. Eisele asked if this would be a better balance of land? John Landers, 7181 Sunrise Drive - Mr. Landers said that supports entirely everything that has been said to this point. He asked that when a vote is taken on both the rezone request and the preliminary plat request that each Council Member individually give their yes or nay along with their reasons for voting as they did. Mike Stricker, 84 White Pine Road - Mr. Stricker said he wished to talk about the Woods of Baldwin Lake, Second Addition. Acting Mayor Neal asked that Mr. Stricker reserve his comments until PAGE 8 COUNCIL MEETING FEBRUARY 27, 1995 this matter is reached on the agenda this evening. Acting Mayor Neal noted that the City Council does not take action on matters brought under open mike. The City Council will take under advisement the comments regarding the proposed Clearwater Creek rezone request and preliminary plat request and return to the matter later in this agenda. CONSENT AGENDA CONSIDERATION OF THE MINUTES OF FEBRUARY 13, 1995 - Council Member Kuether moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried unanimously. REGULAR AGENDA CONSIDERATION OF DISBURSEMENTS: February 13, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. February 27, 1995 - Council Member Elliott moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 25 SUPPORTING PASSAGE OF THE MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995, DAN TESCH Mr. Tesch explained that he had enclosed in the Council packets copies of Draft Six of the Minnesota Emerging Communication Services Act of 1995 and Resolution No. 95 - 25 which outlines City support for a bill now in the Legislature. The North Suburban Cable Communications Commission is asking all members of the Commission to support passage of the bill by adopting the resolution which includes protection of public rights-of-way from emerging communication service providers, recognizes that a wide range of voice, data, and video providers are now and will be on the scene, states that current state statute does not adequately address these needs, and concludes that local authorities must have the authority to require control of rights-of-way via their permitting authority. Mr. Tesch recommended that the City Council approve Resolution No. 95 - 25. PAGE 9 COUNCIL MEETING FEBRUARY 27, 1995 Council Member Kuether moved to approve Resolution No. 95 - 25. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Tesch explained that the resolution will be forwarded to the State Legislature. PLANNING REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 01 - 95, Clearwater Creek Rezone Request - Mr. Brixius explained that at the February 13, 1995 Council meeting, the Council voted to approve the FIRST READING of Ordinance No. 01 - 95 which is the rezoning of the Clearwater Creek subdivision from Rural (R) to Single Family Residential (R- 1). The City Council also continued the consideration of the preliminary plat to allow staff to meet with residents and answer questions. The neighborhood meeting was held on Wednesday, February 15, 1995 from 6:00 P.M. to 10:00 P.M. and a variety of issues were discussed. Mr. Brixius noted that most of the same issues were raised again under open mike this evening. He said that he would give a response to the issues as they were discussed at the neighborhood meeting. Mr. Brixus explained that the Clearwater Creek subdivision is located in the eastern portion of the City which is relatively undeveloped. In 1990, when the Comprehensive Plan was amended and the MUSA was established, this area was designated for single family urban densities in conjunction with commercial and industrial development around the interchange area (I35E and Main Street (CSAH 14). The comprehensive plan arrangement envisioned that it was necessary to provide for some residential support for the economic growth around the interchange. Mr. Brixius wanted to make clear that what is before the City Council this evening is a preliminary plat and a rezone for 153 homes not the 460 that was quoted earlier by the residents. He explained that eventually the 460 homes may have opportunity to come before the City Council but that is contingent upon the developer's pursuit of the property and his ability to put together a package that would accommodate the entire 460 homes. The 153 lots are sufficient to support the utility improvement that are being suggested independent of the balance of the development. Mr. Brixius explained and as was noted at the neighborhood meeting, the 153 lots would be phased in over a three (3) to five (5) year period. Mr. Emmerich has indicated that due to the increase in interest rates, further phasing of the development was likely. Mr. Brixius addressed the timing of the plat. He explained that the 1990 MUSA envisioned that development in this area would occur between 1990 and the year 2000. This is a 1995 development PAGE 10 COUNCIL MEETING FEBRUARY 27, 1995 application. Mr. Brixius explained that since that amendment occurred, the City was challenged for detachment/annexation of properties around the interchange with claims by those property owners that utility services could not be provided by the City. The City won the judgement on this matter by indicating that utilities could be provided. Mr. Brixius said his October report and a number of other items indicated that the timing is appropriate if those features are to be observed. He said that the area is in the MUSA, defense of the annexation position made claim that the City can provide the utility services and according to the City Engineer only a large development that could provide for the financing of the improvements would make utilities to that interchange immediately available. Mr. Brixius noted that the Economic Development Authority Advisory Board (EDAAB) has reviewed the development and has supported it on the basis that providing utilities to the interchange provides for economic development opportunities in a more immediate fashion. Finally the developer did worked with a number of property owners to try and assemble a larger piece of property to make this a more contiguous development. Since then a number of things have changed and the developer is focusing on the 153 lots proposed in the preliminary plat. Mr. Brixius referred to the impact this proposed development will have on the White Bear School District and noted that concerns of this district are the same as for any school district in Lino Lakes. Mr. Brixius also explained that it is not totally within the realm of the authority of the City Council to do much about school district concerns. He noted that claims have been made on the bases of 460 homes. The timing of the 153 homes was not considered and using the reduced number of homes over a larger period of time will allow them to be phased into the school district. In addition, based on the developers projection of $150,000.00 to $300,000.00 homes, the homes will generate taxes in excess of what they will generate in demand for services. Mr. Brixius said there will be some immediate tax benefit through an expanded tax base. He said as noted by a resident of this area, continued growth changes the profile within a school district. Additional families provide additional population base to make corrections within a government jurisdiction much like Lino Lakes. Mr. Brixius said that expansion of economic development to the eastern interchange provides some opportunity for industrial and commercial growth. This type of growth provides tax diversity that has been subjected by the 20/20 Vision Program and also would be supportive of the school district. PAGE 11 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Brixius said that Mr. Powell will address the gravity sewer utility and a representative of SEH will address the traffic study. He explained that Anoka County has issued a permit for access onto Otter Lake Drive. They have also given indication to the staff that this road can accommodate the development as outlined. The condition of the road is a maintenance that was observed and recognized by staff at the neighborhood meeting and will continue to be an issue that has to be responded to. Mr. Brixius said that the City Council is making a determination as to when this development is timely. In 1990 when the City Council approved a Comprehensive Plan and designated this area for urban development and included the area in the MUSA, it was anticipated that the area would develop within this decade. Additionally, the proactive posture of the City regarding economic development and the desire to see something happen along the eastern interchange, provides a City wide prospective as to differing land uses and how they complement one another. Mr. Brixius noted that Mr. Emmerich's plat conforms with R-1 standards and in most cases exceeds the required lot area. All lot areas have been tabulated and meet standards above wetland areas. RCWD has reviewed the drainage plan and a number of the required feasibility studies have been completed including utilities, traffic and storm water drainage. Mr. Brixius felt that a number of issues that were not necessarily available to the Planning and Zoning Board have been addressed and in fact, have been expanded upon. He said he felt that all issues have been satisfied and meet the criteria. Mr. Brixius explained that the City Council has a choice of approving or denying the request for a rezone and a request for preliminary plat approval this evening. He said based on the Comprehensive Plan and past planning decisions, he would recommend approval. Mr. Powell said he would address the concerns expressed by the citizens this evening. He referred to Mr. Donlin's comments regarding the sewer and water extension and said that he would refer the City Council to his February 10, 1995 report which summarized and updated these issues. Mr. Powell explained that currently the City of Lino Lakes does not have a Joint Powers Agreement with the City of Hugo for sewer and water services although Mr. Donlin alluded to such an agreement. The current 10 inch force main on Cedar Street is for the connection of Lino Lakes and the usage of the City of Centerville. It is not proposed or envisioned that the City of Hugo would make any direct connection to this forcemain. Their service is provided by a gravity extension from the Forest Lake Interceptor which has PAGE 12 COUNCIL MEETING FEBRUARY 27, 1995 adequate capacity. Mr. Powell said he met with the Metropolitan Waste Water Services personel on Friday and verified this information as well as the plan for the City of Lino Lakes to connect to the forcemain with a 153 lots. Beyond the 153 lots, whenever the Metropolitan Council Waste Water Services reviews the City's sewer extension application, they will keep in mind the future and how future services will be provided for this area. Mr. Powell said that the 153 lots proposed for Clear Water Creek subdivision can certainly be connected to the forcemain which is consistent with the Comprehensive Plan prepared in 1990. Mr. Powell continued, the SEH study regarding Otter Lake Road prepared in August, 1994 provides a preliminary study of the proposed plat. There is also an extensive study, completed January 17, 1995 which includes the commercial and industrial area around the interchange. The findings from this study were consistent with the August, 1994 review of the initial concept plan. Mr. Powell noted that Mrs. Cunningham indicated that she had a letter from the Hugo City Administrator stating the work outlined in the Joint Powers Agreement regarding drainage has not been completed. He said there may be confusion because the Agreement that was undertaken does not only analyze the drainage, it also requires management policies to be outlined, as well as funding sources and other similar requirements. As mentioned in Mr. Powell's February memorandum, the hydrological study has been completed and this has been confirmed by the Hugo City Engineer in a letter dated February 20, 1995. Mr. Powell quoted from the OSM letter, "the hydrologic and hydrological analysis and calculations necessary to develop this plat were completed prior to the meeting between the City of Hugo and the City of Lino Lakes on February 1, 1995". Mr. Powell said that the understanding from the very beginning was that the hydraulic study would be completed and then the two (2) cities would meet to discuss the findings. It was also the understanding that policies and the funding mechanism would be prepared after the joint meeting. Mr. Powell continued quoting from the letter, "they do not believe that any further analysis is warranted in order to finalize storm water policies in this area". Mr. Powell explained that the portion of the Joint Powers Agreement with the City of Hugo regarding the hydraulic analysis is completed. He said that discussion at the joint meeting included how the joint study findings would be implemented, and how the improvements will be funded such as by the RCWD or by the cities independently. Mr. Powell noted that some of the speakers tonight said that all phases of the proposed development would have to be completed in PAGE 13 COUNCIL MEETING FEBRUARY 27, 1995 order to get the commercial and industrial development that the City wants around the interchange. He explained that the initial two (2) phases will generate enough area and connection charges to cover the cost of the initial well and the lift station. Mr. Powell said that utilities to serve the commercial and industrial development around the interchange will not come for a while. He said the proposed plat is the very first step in getting utility service to the commercial and industrial area. It was never indicated that 450 lots were required to provide utilities to the commercial and industrial area. Mr. Elder asked about cutting off the sewage to do repairs on the forcemain pipe. Mr. Powell explained that the 10 inch forcemain on Cedar is pumped through a lift station in Centerville. If there was to be an interruption to the forcemain, the pumping would be stopped at the lift station or pumped into a temporary holding tank or truck. Mr. Powell explained the three different times that the forcemain had to be repaired. Mr. Powell said that the three (3) factors for determining wetlands was mentioned by a speaker this evening. These factors are soils, vegetation and water table. He again said that the RCWD has reviewed the delineations that have been prepared and concurs with the field study. Mr. Powell said that many of the other issues that were raised have been followed up since the initial memorandum of February 10, 1995 and have confirmed what was said at that time and the follow up is consistent with the review of last fall. Council Member Bergeson said that when the City Council heard the review of the drainage plan at the joint meeting with Hugo, the Hugo engineer presented the idea that one of the keys to drainage for this area is the culvert under Cedar Street. Council Member Bergeson said it appeared that it was his feeling if the culvert was cleaned and maintained, this would go a long way toward accommodating any potential water problems in the area because of heavy rains or whatever. He asked if Mr. Powell concurred with this assessment of the culvert under Cedar Street and who is responsible for getting the culvert cleaned. Mr. Powell explained that the culvert is outside of the Lino Lakes boundary but it does affect the entire watershed district and is a concern for Lino Lakes. He agreed with the statement of one of the speakers and said that the culvert needs to be maintained near the inlet and outlet. There is irregular topography and debris that needs attention. Mr. Powell said that the culvert is probably frozen at this time and under water. He felt through working with the City of Hugo, the RCWD and the contractor for the proposed development, the culvert can be cleaned and verify that it is clean. Mr. Powell said that the City should work with PAGE 14 COUNCIL MEETING FEBRUARY 27, 1995 the RCWD to coordinate continual maintenance. He noted that it is difficult to inspect at this time because it is frozen and obstructed. Acting Mayor Neal asked about the culvert under I35E. It was noted that there is a concern regarding that culvert, however, the immediate concern is the culvert under Cedar Street. Mr. Powell said he concurred with statements made by other consultants regarding the culvert and explained that the City should allow the RCWD to clean out the culvert if they have plans to do so. As part of the Clearwater Creek subdivision proposal, the City will make sure that the culvert is cleaned and will be maintained. The City will work with the RCWD to determine if they want the City to do any inlet or outlet treatment to help keep the culvert clean such as riprap, etc. Acting Mayor Neal asked if Mrs. Cunningham's question had been answered. Mr. Powell said as he had mentioned at the previous Council meeting, the question of will the proposed development have any direct affect on the nearby properties was directed to the Hugo consulting engineer. The answer was yes because any development has some affect. The Hugo consulting engineer said the effect would be "negligible" maybe a "bounce" of not more than an inch or two (2) if that. Mr. Powell said that some confusion was created earlier because the preliminary findings had indicated that by letting the wetlands "bounce" two (2) to three (3) feet some storage could take place. Mr. Powell explained that this would be true in other areas but would be taken on an individual wetlands basis. He said some wetlands could "bounce" two (2) to three (3) feet but the wetlands near the Cunninghams would not be one such area. Council Member Kuether asked if there would be a guarantee for the Cunninghams. Mr. Powell said that the developer would be held to the RCWD and City requirements and those requirements control the rate of runoff to pre-existing conditions. He explained that the down stream concerns noted in the drainage study such as obstructions which are backing the water up may be taken care of too. The developer will be held to all of the requirements of the RCWD. The RCWD and the City of Hugo are aware of the concern about the "bounce" in the wetland area. Mr. Schumacher explained for clarification reasons, that what is being consider is a preliminary plat. He asked if the plat proceeds final plat approval, what additional information would the developer provide to address the Cunningham issue as it relates to the RCWD. Mr. Powell explained that there would be a detailed drainage study based on the final grading plan for the subdivision. All the detailed analysis would be done which would evaluate the ponding, the rate of runoff, and the exact routing PAGE 15 COUNCIL MEETING FEBRUARY 27, 1995 of the flow from the subdivision. All this additional information would be put in context with fitting in with the overall drainage study which was prepared by the City of Hugo. Mr. Schumacher explained that more detailed information would be available to the property owners. Council Member Bergeson asked Mr. Powell to state the regulation regarding predevelopment runoff and post development runoff. Mr. Powell explained that the rate of runoff is controlled to predevelopment conditions. This means that if a landowner had a stream of water flowing through his property before development, that same stream of water would still be flowing through his property after the development is completed. The only difference is that the stream may flow longer than it did before the development occurred. Mr. Powell explained that predevelopment is evaluated based upon existing topography and where the water is currently draining and postdevelopment with the added roof tops, driveways and roadways would have to be routed through storm sewers and ponds in order to hold back until other drainage has time to clear the drainage way or ditch. The volume of runoff may increase but the rate of runoff will not increase. Mr. Powell explained that he spoke to Anoka County Highway Department last week. Their 1995 construction plan includes plans to overlay Otter Lake Road. Bids for this improvement will be taken this spring. County funding requirements could cause a delay in this play. Currently an overlay of Otter Lake Road from County Road J to County Road 14 (Main Street) is included their 1995 construction plans. Acting Mayor Neal asked what would happen if the Cunninghams placed a dike around their property or dug a ditch around their property. Mr. Powell said that the RCWD would be involved because such action would impact other neighboring property. He noted that the City has to rely on the RCWD to control the overall drainage plan for the area. Mr. Schumacher summarized by noting that the Planning and Zoning Board has held a public hearing on the request for a rezone and preliminary plat approval. At the last Council meeting additional input was taken from the public because some of their questions were still unanswered and a special work session was held with staff and residents last Wednesday evening. Mr. Schumacher said that on the agenda tonight are two (2) items for Council action, Ordinance No. 01 - 95, rezoning Clearwater and a preliminary plat approval request. He asked that the Council take action on the SECOND READING of Ordinance 01 - 95 first and then take action on the preliminary plat approval. PAGE 16 COUNCIL MEETING FEBRUARY 27, 1995 Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 01 - 95 rezoning the Clearwater Creek area from Rural (R) to Single Family Residential (R-1). Council Member Bergeson seconded the motion. Council Member Bergeson noted that a couple of residents who spoke under open mike requested that the City Council comment on why they were voting either yea or nay. He said the Council received a report on the neighborhood meeting with the names of those attending and was surprised to see that there were more people attending that did not live in the neighborhood than did live there. Council Member Bergeson said he thought the purpose of the neighborhood meeting was for the people who live in the neighborhood and people who own property there to talk with the developer and engineers and exchange information. He said if that had been a meeting regarding his neighborhood he would have been a little upset that all the other people showed up. Council Member Bergeson said he wanted to make the point that the request before the City Council is not a 456 homes, it is a rezone request and preliminary plat request for 153 homes. Obviously the developer would like to expand beyond this but there is no guarantee that this will happen. Council Member Bergeson felt that it is curious that people who are not engineers seem to know more than the engineers. He said the City Council must rely on the experts who have worked on this project regarding the adequacy of the sewer forcemain. Council Member Bergeson explained that the City Council has reports from engineers that this forcemain is adequate to handle 153 connections and possibly 450 connections. He said again the City Council has to rely on the engineers regarding the adequacy of Otter Lake Road and not opinions of persons who are not engineers. The engineers say that this road is adequate to handle the additional traffic. Council Member Bergeson referred to the wetland delineation and noted that the RCWD has reviewed the developer's delineation and approved it. He noted that in terms of regulatory agencies, they are one of the toughest agencies that the City deals with. If they feel that the wetland delineation is adequate, the City Council should rely on their expertise. Council Member Bergeson felt that drainage is a legitimate concern and if the rezone request is approved, further requirements could be added to the motion for approval of the preliminary plat such as cleaning the ditch. He said compatibility with adjoining land uses was also a concern. He felt that disclosure about neighboring uses is not a warning to prospective buyers, the concept is full disclosure by the builders and developer. A similar requirement was approved by the City Council in the area of the Lino Air Park. The builder and developer agreed to disclose this information. That does not PAGE 17 COUNCIL MEETING FEBRUARY 27, 1995 mean that the uses are incompatible but that homeowners are made aware of the uses of adjoining properties and that the people who own the adjoining properties also have certain rights. Council Member Bergeson explained that staff has already pointed out the findings of fact such as the request is consistent with the Comprehensive Land Use Plan, consistent with present and future land uses, and performance standards of the preliminary plat comply with all current City standards. He noted that it is unusual for a preliminary plat to conform to all City standards because of all the wetland regulations. Some preliminary plats do have some undersized lots and some variances are needed. It is important to note that no variances have been requested for the preliminary plat Clearwater Creek. Council Member Bergeson commented on other findings of fact such as the preliminary plat can be accommodated by existing City services. The school district situation was discussed and Council Member Bergeson noted that not all new homes are a drain on a school district. The taxes collected on a $70,000.00 or $80,000.00 new home may cause a drain on a school district because on the average the taxes collected on these homes will not cover the cost of the students who come from that home. However, a home valued higher than $150,000.00 is a plus for a school district. On the average these homes generate more taxes than are spent to supply services to that home. The comment was made that this matter was denied by the Planning and Zoning Board. This is true, however it was defeated on a four (4) to three (3) vote and that is as close to a tie vote as you can get. Mr. Mesich outlined his reasons why the matter should be denied and was very careful to stick to the requirements. However after reading the minutes from that Planning and Zoning Board meeting, it appeared that some other members did not follow the same logic and that they may have voted in terms of their view of what the pace of development should be in Lino Lakes and that is beyond the scope of the Planning and Zoning Board. Their responsibility is to make sure that the development is technically correct. Council Member Bergeson said that from what he has seen, he believes that the proposed development is technically correct. Council Member Elliott noted that Mr. Emmerich owns the land and legally he has the right to develop it. It does open the corridor that is needed for commercial growth and if the City Council is going to be responsible for the entire City, the Council has to look for commercial growth to take the burden off of the taxpayers. Council Member Elliott noted that she lives on Otter Lake Road and will have all of the cars "zooming" up and down her side yard. She said she would love to see the area remain rural. However, she does not own the land and to be legally responsibe she has to approve everything about the PAGE 18 COUNCIL MEETING FEBRUARY 27, 1995 proposed development. The City Council has all the information and there is no reason to deny it. Council Member Elliott explained that she has talked to one Planning and Zoning Member who did vote against the development and believes this members concerns have been taken care of and if this matter were to be returned to the Planning and Zoning Board, she felt that it would not be denied. Council Member Kuether agreed 100% with Council Member Bergeson and Council Member Elliott. She said the Council has to be concerned about commercial development and the City Charter makes commercial development very hard to do. The City cannot on a "whim" throw sewer and water in the ground. It takes a lot of planning to bring a large business to Lino Lakes and Lino Lakes needs this planning. Council Member Kuether said that the City Council does listen to all the concerns of the residents next to any development, however, the City Council must still act responsibly and hoped that the residents would understand. Acting Mayor Neal said a little more than a year ago, a company approached the City and asked to place a mobile home park in the area where this development is planned. He went and talked to some of the residents in the area and they said that they did not want a mobile home park in their area or commercial development in their back yard but did want houses. Council Member Neal also said that the developer does have a right to develop as long as that it is done legally. He said he still is concerned about the wetlands and the Cunningham's pasture. There has been no guarantees however, the matter will be addressed in the final plat. Council Member Bergeson explained that another concern discussed at the previous Council meeting was in regard to is this "leap frogging" or is this out of sequence in terms of development. He explained that we usually think of development coming from the south to the north and filling in etc. He said this would depend on how one looks at the matter. Council Member Bergeson said it is true that the area to the south is not completely developed but if you look from the direction of CSAH 14 (Main Street) south, there is commercial development up until about 200 feet of Cedar Street. Council Member Bergeson said he did not think this development would be "leap frogging" but would be a logical extension of development going out in rings from the I35E intersection. Acting Mayor Neal called for the question. On a roll call vote, all Members voted aye and motion carried unanimously. Ordinance No. 01 - 95 can be found at the end of these minutes. PAGE 19 COUNCIL MEETING FEBRUARY 27, 1995 Consideration of Preliminary Plat, Clearwater Creek - Mr. Brixius asked that the motion to approve the preliminary plat include the 11 conditions that are listed in the February 24, 1995 Northwest Associated Consultants (NAC) report. He also suggested that if the Council so desires, item No. 12 could be added requiring the developer and the builder to disclose adjoining land uses. Council Member Bergeson moved to approve the preliminary plat of Clearwater Creek subject to the 11 conditions outlined in the NAC report dated February 24, 1995 plus a 12th condition that the developer either independently or through the RCWD be responsible for cleaning the culvert under Elmcrest Avenue and a 13th condition that the developer or builder disclose the adjoining land use (horse hobby farms) to each purchaser of every lot. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Consideration of Conditional Use Permit, Kids at Heart Child Care, 7330 Lake Drive - Ms. Wyland explained that the Kids at Heart Child Care Center is located at 7330 Lake Drive in the Gethsemane Methodist Church building. They have been at this site since January, 1992 and hold a license from the State of Minnesota for 35 children. Recently a request was submitted to the State to increase the number of children to 42. The breakdown is as follows: 20 Pre -School Children 15 School Age Children 7 Toddlers 2 1/2 to 5 years of age 5 to 12 years of age 16 months to 2 1/2 years old The Methodist Church's property is zoned Medium Density Residential (R-3) and the Zoning Ordinance provides for day care nurseries (15 children or more) with a Conditional Use Permit. The City staff was asked to review the child care center as a result of the request to increase the number of children to 42. In the review process it was determined that the facility was originally licensed by the State, however a Conditional Use Permit was never required by the City. The applicant has now been required to obtain the necessary Conditional Use Permit. Space has been provided within the church building for a play/fellowship area, nursery, kitchen and rest rooms. A fenced playground on the site is used for outdoor recreation. There are currently four (4) full-time employees and two (2) part-time employees. The facility is open from 6:00 A.M. to 6:00 P.M. Parking in the church parking lot is more than adequate to serve this use. The State Licensing Division, the Fire Marshall, the Building PAGE 20 COUNCIL MEETING FEBRUARY 27, 1995 Inspector any Ms. Wyland have inspected the site and find it to be in compliance with all applicable requirements. The Conditional Use Permit will be subject to various State Inspections and City review on an annual basis. The Planning and Zoning Board held a Public Hearing on February 8, 1995. Condition No. 4 was added as the result of neighborhood concern regarding drainage on the church property. The Planning and Zoning Board and staff recommend approval of the Conditional Use Permit with the following conditions: 1. A license from the Minnesota Department of Human Services be maintained at all times. 2. Access to the premises be provided upon notification of annual and periodic inspections, from appropriate City staff. 3. An increase in the number of children to be served in the facility will require modification of the license from the State. Staff would require notification of any increase and inspection by the Building Inspector and Fire Marshall to determine adequacy of structure but waive the requirement of an Amended Conditional Use Permit. 4. Staff is to review drainage and grading issues on the church property in the spring. Acting Mayor Neal asked if the drainage concerns are the result of a baseball diamond that was constructed during summer of 1994. Ms. Wyland said yes. Acting Mayor Neal asked Ms. Wyland to explained the inspections of the premises. Ms. Wyland explained and noted that all of the inspections are performed annually. Council Member Kuether moved to approve the Conditional Use Permit subject to the four (4) provisions listed above. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, IMPROVEMENT OF WOODS OF BALDWIN LAKE, SECOND ADDITION, JOHN POWELL Mr. Powell used the overhead projector and displayed a map of the area to be platted into the Woods of Baldwin Lake, Second Addition. He explained that the preliminary plat was approved with conditions by the City Council on October 24, 1994. In response to a petition received by the City from the property owners within the project area, a report has been prepared evaluating the feasibility of installing public improvement to PAGE 21 COUNCIL MEETING FEBRUARY 27, 1995 serve the area. These public improvements would include sanitary sewer, watermain, storm sewers, and streets. The information contained within the report will be presented at this time and the City Council should take public input. Mr. Powell explained that utilities would be extended west from an existing manhole along White Pine Road to Baldwin Lake Road and south on Baldwin Lake Road to the south end of Woods of Baldwin Lake Road, Second Addition. In addition utilities would be extended west from an existing manhole on Woodridge Lane to Baldwin Lake Road. The watermain would be extended to complete a "looping" of the water service in this area. A water storage pond will be located at the northeast corner of Baldwin Lake Road and Woodridge Lane. Other utilities include construction of streets, curbs and gutters. A property owner, Mr. Thompson, west of Baldwin Lake Drive, expressed a concern during the preliminary plat process regarding where water runoff from the subdivision would be eventually go and a culvert across Baldwin Lake Drive. Mr. Powell pointed to a dark line on the map north of Woodridge Lane and explained that this represents a storm sewer collecting drainage from the roadway and depositing it across the street to the east in a ponding area. He noted that a detailed grading plan has not been presented by the developer, and said he envisioned this to be an overflow over the roadway to the west and no direct culvert would be installed. Mr. Powell explained that staff is pursuing from RCWD flexibility on whether a street section not including curb and gutter would be acceptable from a drainage standpoint. He said that curb and gutter allows water on a roadway to be collected and routed to a pond before it is discharged to the ultimate downstream conveyance area. This plan would allow the roadway to be constructed to the standard City section which includes five (5) inches of Class #5, two (2) inches of bituminous base and one and one-half (1 1/2) inches of bituminous wearcourse. If curb and gutter is not constructed, the amount of grading adjacent to the roadway would be lessened and also the impact on the adjacent properties. In response to a property owners concern on the north side of White Pine Road, there is a proposed six (6) foot jog to the south, in the roadway (not the easement) beginning at the existing curb and continue to the west to Baldwin Lake Road. The right-of-way remains unchanged. This alignment is acceptable to the City Utility Foreman. It still allows room for installation of private utilities on the boulevard. The preliminary cost estimates have been prepared and were outlined by Mr. Powell. The cost estimates includes providing utility stubs for property owners outside of the proposed subdivision. This action would eliminate the need to disturb the PAGE 22 COUNCIL MEETING FEBRUARY 27, 1995 roadway if an adjoining property owner decided to develop his land. The total project costs are estimated to be $229,764.00. The proposed assessment is estimated to be $301,113.67 and will be distributed equally on each lot. The proposed time table was also outlined by Mr. Powell. The plan is to begin construction by May 1, 1995 and complete construction in midsummer. Council Member Bergeson asked why a decision has not been made as to whether or not Baldwin Lake Drive can be reconstructed without curbs and gutters. Mr. Powell explained that although staff believes that reconstruction of the street can be done without curbs and gutters, a request has not been submitted to the RCWD for final approval. This request will be included with the final plans and specifications that are forwarded to all reviewing and permitting agencies. Acting Mayor Neal opened the public hearing at 8:08 P.M. Mike Strecker, 84 White Pine Road - Mr. Strecker gave the City Council a packet containing pictures and information regarding his property. He used the overhead projector and addressed the six (6) foot shift in the roadway in front of his property. Mr. Strecker noted the location of several mature trees on the right- of-way in front of his house and explained that if the road continues to Baldwin Lake Drive as planned these trees will be removed. He requested that the City consider a plan to shift the road back to the center of the right-of-way as it approaches his property line. Mr. Strecker said that the trees could be saved if this plan were approved. He felt that the trees add value to the neighborhood and should be preserved. Mr. Strecker said that the neighborhood is developing because it is natural and wooded. Mr. Strecker said he felt that the first shift to the south is necessary however if the roadway is not shifted back to the center of the right-of-way, not only the big trees at the corner of his lot would be lost, but other trees will be damaged by the construction and will probably die. He noted the pictures he had given to the City Council showing the location of the trees he wanted to save. Mr. Strecker gave a detailed report on how the shift back to the center of the right-of-way could occur and what the results would be. Acting Mayor Neal asked Mr. Strecker what his neighbor across the street felt about this proposal. Mr. Strecker said his neighbor is in the audience and could answer this question however, he would have a larger front lawn because the roadway would run at an angle until it reaches the west end at Baldwin Lake Road. Mr. PAGE 23 COUNCIL MEETING FEBRUARY 27, 1995 Strecker noted that there are no trees on the neighbors side of the easement that would be disturbed by the construction. Mr. Powell presented an overhead showing an engineer's rendering of the proposed area of construction. He noted White Pine Road going west out of the Woods of Baldwin Lake, the road shifts six (6) feet to the south and continues on this alignment to the intersection of Baldwin Lake Road. He said he disagreed with Mr. Strecker noting that his proposal is a major two (2) direction change in the roadway. Mr. Powell said he is more concerned about the utility construction for the area. He explained that if the utility lines are constructed as they normally are, they would be centered underneath the roadway. Where the roadway is shifted south, the reconstruction of the slope would bring the area of construction to the base of the trees located on the corner. Mr. Powell explained that with the amount of utility excavation that will take place at the base of the trees, particularly the two (2) trees on the corner, they would not survive and would have to be removed in the future. He further explained that he has looked at keeping the roadway shifted to the south as planned but keeping the utilities in the center of the right-of-way. However, the utility trenches will require a certain slope and construction will still be within four (4) or five (5) feet of the trees. This is still not enough distance to preserve the trees. He said that the placement of utilities require the use of the entire right-of-way. This makes it more imperative that the roadway be constructed with only one shift to the south. Mr. Strecker said he disagreed with Mr. Powell's comments about the change in direction of the road. He felt the "curvy" road would help in slowing down traffic and would add aesthetic appeal to the area. He felt that the road to the south was much more "curvy" than what he has proposed for White Pine Road. Mr. Strecker explained that the roadway has in part kept the tree roots from growing underneath the roadway because roots are always seeking water. He felt the trees would not be greatly affected by the excavation because the roots are growing away from the road. Mr. Strecker said preserving trees is important on any project. He said trees in North Oaks and Minnetonka are left within the roadway. He also noted that "curvy" roads are constructed in these two (2) areas. Mr. Strecker agreed that the trees were not on his property, they are on the right-of-way. He felt that the City should consider saving the trees to preserve the nature of the area. Acting Mayor Neal asked if the City has a tree board. Mr. Powell noted that all projects of this nature are reviewed by the City PAGE 24 COUNCIL MEETING FEBRUARY 27, 1995 Forester Marty Asleson. Mr. Strecker explained that he had talked to Mr. Asleson today. He said Mr. Asleson expressed concern that he has not been approached about this earlier. Mr. Powell explained that generally at this stage in a project, Mr. Asleson would not be involved on a detailed review. He did visit the site with Mr. Asleson this afternoon and looked at the two (2) oak trees that have to be removed. Mr. Asleson expressed concern regarding excavating over 40% of the tree roots within the drip -line. Mr. Strecker said he knows that this is true, however, he felt that the 40% being excavated is blacktop and the tree roots would not be there but in his yard. Mr. Powell explained that the excavation will extend to almost the base of the trees and felt the impact on the trees will be significant. He also noted that the two (2) trees will impact the sight line at the intersection. The current City standards require that trees not be planted within 30 feet of an intersection to keep sight -lines open. Mr. Powell also noted that there are a number of "curvy" streets in this City however, this particular curve ends at the intersection of another street creating a 90 degree angle. He explained that typically a street would not be shifted one way and then shifted back again within 400 feet. Acting Mayor Neal asked for a report from Mr. Asleson on this matter. Mr. Strecker said that even if the two (2) oak trees on the corner are not saved there are several trees growing on the property line that have not yet matured that will be affected by the utility construction. He felt that all the trees would eventually die and asked that these trees also be protected. Mr. Powell said that typically in a project such as this, staff would meet with the City Forester and identify all trees endangered by the proposed utility construction. If there are any trees on the right-of-way encroaching as much as the two (2) oaks on the corner, they will probably be removed at the same time. This situation will be evaluated with the City Forester. Brian Zewers, 6307 Baldwin Lake Road - Mr. Zewers lives on the north side of White Pine Road where the new road will jog to the south. He pointed out a house that is very close to the proposed alignment of White Pine Road. He felt that the new road will be very close and cause a problem if White Pine Road is extended west beyond Baldwin Lake Road. Jim Massa, 6301 Baldwin Lake Road - Mr. Massa asked if a connection for utility services will be constructed for his lot. Mr. Powell said yes, each lot will have a utility connection, however the properties will not be assessed until they petition for connection to the services. Mr. Massa said that he preferred PAGE 25 COUNCIL MEETING FEBRUARY 27, 1995 that the jog in the road proposed by Mr. Powell be accepted. Mr. Strecker asked if he could determine the location of the utility connection for his lot. Mr. Powell said yes within reason. John Thompson, 6125 Baldwin Lake Road - Mr. Thompson noted that he owns all the property that is directly west of the proposed Woods of Baldwin Lake, Second Addition. He said it appears that the storm sewer proposed for Baldwin Lake Road is stubbed to the west and to the east into the pond. Mr. Thompson asked what will happen to the storm water directed to the west. Mr. Powell explained and referred to the plat and noted that this plat shows two (2) catch basins in the roadway to catch the roadway drainage. This drainage would be directed to the east and into the pond. Mr. Thompson said that there still is talk about a concrete curb on the west side of the street and asked if a catch basin would be needed to catch the runoff from the curbing. Mr. Powell said no if the curbs on both the west side and/or east side of the road are deleted. The existing drainage pattern would be maintained. Mr. Thompson noted that the total cost to install services and streets for the proposed subdivision is approximately $300,000.00. Mr. Powell said that this would be the total assessment. Mr. Thompson asked if the $300,000.00 would be divided by the number of lots in the final plat to get a per lot cost. Mr. Powell explained that each lot would bear the cost of construction plus area and unit fees as well as a area drainage fee. Mr. Thompson asked if he wanted to develop some lots on his side of the street, would the assessment be approximately the same rate as on the lots in this proposed subdivision. Mr. Powell explained that any lot developed outside of the subdivision would pay the standard rates. Mr. Powell quoted the current standard rates. Mr. Thompson said then it appears that any lot assessment that he might incur would not be based on the developers assessment. Mr. Powell said that this is correct and explained an amendment to the City's assessment policy that says if utilities are extended past your property to serve a new subdivision and your property can not be subdivided, you may connect to the utilities and be assessed the current standard rates for the normal front footage in that particular zone. Council Member Kuether moved to close the public hearing at 8:32 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 26 Ordering Plans and Specifications for Woods of Baldwin Lake, Second Addition - Mr. Powell explained that a feasibility report has been prepared for PAGE 26 COUNCIL MEETING FEBRUARY 27, 1995 this project and the public hearing has just been completed. He explained that preparation of plans and specifications can begin upon receipt by the City Council of adequate financial security from the developer. The developer is willing to present the financial security immediately to keep this proposed improvement project moving forward. Mr. Powell also explained that the City cannot order the project for 60 days, however the developer will be submitting a waiver of 50 of the 60 days. If the waiver is received, the City Council can order the project at the March 13, 1995 Council meeting. Council Member Kuether moved to adopt Resolution No. 95 - 26 Ordering Plans and Specifications for Woods of Baldwin Lake, Second Addition and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 26 can be found at the end of these minutes. Consideration of Resolution No. 95 - 24 Setting Public Hearing to Vacate a Certain Drainage Easement on Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition - Ms. Wyland explained that the vacation of a drainage easement through Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition is necessary to clear the title for these two (2) properties. This easement was recorded as the southwesterly 15 feet of Lot 17, Block 2, Rohavic Oaks which was subsequently replatted as a portion of the Rohavic Oaks, Second Addition and never vacated when the new plat was approved. The City Attorney has recommended that this item be continued to the March 27, 1995 City Council meeting. Notification in the legal newspaper referenced a St. Paul Water Utility easement when, in fact, this easement relates to a City of Lino Lakes easement for drainage purposes. At this time it would be appropriate for the City Council to adopt the attached Resolution No. 95 - 24 setting a public hearing for Monday, March 27, 1995, 6:30 P.M. to consider the vacation of this drainage easement. Council Member Kuether moved to adopt Resolution No. 95 - 24 Setting Public Hearing to Vacate a Certain Drainage Easement on Lost 5 and 6, Block 2, Rohavic Oaks, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 24 can be found at the end of these minutes. FIRST READING, Ordinance No. 02 95 Amending the Zoning Code, B1, Subd. 29. Fences and Walls Provision - Ms. Wyland explained that the Building Inspector and other City Staff have reviewed PAGE 27 COUNCIL MEETING FEBRUARY 27, 1995 the existing fence ordinance and have proposed the following changes: A. Change the ordinance to allow a six (6) foot fence to be installed from the front of the home to the rear property line. The existing ordinance provides for a six (6) foot fence from the back of the house to the rear property line. B. Change the requirement providing for 30% of open area to 10%. This change would allow purchase of standard types of privacy fences offered for sale at Knox, Mennards, etc. C. Clarify the section relating to the side of the fence considered to be the face. Ms. Wyland said that staff has reviewed the fence ordinance in several adjoining communities including White Bear Township, New Brighton, Arden Hills, Circle Pines, Blaine, Hugo and Forest Lake. These ordinances were reflective of the changes staff is proposing. The Planning and Zoning Board held a public hearing on February 8, 1995 and recommended approval of the proposed ordinance. Acting Mayor Neal asked what this type of fence would be used for. Ms. Wyland said it would be used for privacy and for dog kennels. She noted that staff has received numerous requests to change the City fence ordinance. Council Member Bergeson asked about corner lots. Ms. Wyland explained that fences would be required to maintain a specified height distance to maintain the sight line. Mr. Brixius explained that at all times, fences in the front yard are limited to a four (4) foot height and a greater open area is also required. Anytime a rear yard abuts someone's front yard then the four (4) foot restriction would apply to preserve the visibility. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 02 - 95. Council Member Bergeson seconded the motion. Motion carried unanimously. The SECOND READING of this ordinance will be on the next Council agenda. Consideration of MUSA Comprehensive Land Use Plan Amendment - Ms. Wyland used the poster board to display a map of the proposed MUSA changes. She noted that the City Council has received a detailed MUSA Amendment Report prepared by Northwest Associated PAGE 28 COUNCIL MEETING FEBRUARY 27, 1995 Consultants. The report outlines the technical aspects of the amendment and the methods used to obtain the data contained in the report. Ms. Wyland said that additional information includes a map outlining, in shaded cross -hatch form, those areas staff is recommending be included in the designated growth area. The growth areas are in the vicinity of existing utilities. A neighborhood meeting was held for property owners within the designated growth area. Approximately 30 property owners attended the meeting. Some property owners expressed interest in being included in the growth areas and others indicated a desire to be excluded. To facilitate those property owners not wanting their property included in the growth areas, the map was revised and properties deleted from the growth area as requested. A copy of the revised map was enclosed in the Council packets for their review. Ms. Wyland noted that the growth which would equal an upland area the total 775 acres shown in the are actually about 450 buildable areas. area is a total of 775 acres of approximately 450 acres. Of growth areas on the map, there acres after removal of wetland Ms. Wyland noted that three (3) tables have been prepared outlining the following: Table 1 - Breakdown of acreage within the City according to various categories and an explanation of those categories. Table 2 - Breakdown of acreage within the City. Table 3 - Inventory of upland acres with the growth area. The Planning and Zoning Board held a public hearing on February 8, 1995 to review the MUSA Comprehensive Plan Amendment and recommended approval of the Amendment on a four (4) to two (2) vote. Mr. Schones and Mr. Landers vote no. Ms. Wyland said that staff is authorize staff to pursue the with the Metropolitan Council asking the City Council to MUSA Comprehensive Plan Amendment staff. Council Member Bergeson noted that at the last Council work session, staff presented a related item for Behm's Century Farms. Ms. Wyland explained that a letter has been received from Mr. Uhde, the developer of Century Farms which encourages the City Council to act on this MUSA amendment and advising staff that he PAGE 29 COUNCIL MEETING FEBRUARY 27, 1995 will be asking for a land exchange in conjunction with the preliminary plat that is scheduled to be reviewed by the Planning and Zoning Board in April, 1995. Ms. Wyland said that the Metropolitan Council has up to 90 days to review a MUSA amendment. With a MUSA amendment such as what Mr. Uhde is requesting, it is possible that Metropolitan Council review could take a much shorter period of time. Ms. Wyland explained that Mr. Uhde, in the interest of developing his land this year, would like to pursue the land exchange mentioned in his letter. Council Member Bergeson noted that at the Council work session some on the staff was going to check with the Metropolitan Council to see if there would be any adverse affect if both amendments were pursued at the same time. Ms. Wyland said she talked to two (2) persons at Metropolitan Council who will be responsible for reviewing the City's MUSA Comprehensive Plan Amendment. Both persons indicated that two (2) MUSA amendments filed separately but at the same time, would not have any bearing on the review of the larger amendment. Council Member Elliott moved to authorize staff to pursue the MUSA Comprehensive Plan Amendment with Metropolitan Council staff. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 95 - 22 ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW, POST #6583, CHIEF DAVID PECCHIA Chief Pecchia explained that commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in the local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E. Program will become totally funded through donations from the community. The Ladies Auxiliary, Circle -Lex VFW Post #6583 is aware of this goal and has donated $1,000.00 toward the cost of administering the Program in the elementary schools. The purpose of Resolution No. 95 - 22 is to publicly thank the ladies Auxiliary for their generous donation. Council Member Kuether moved adopt Resolution No. 95 - 22 accepting the donation and expressed her thanks. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 22 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 23 DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) FOR 1995/1996, RANDY SCHUMACHER PAGE 30 COUNCIL MEETING FEBRUARY 27, 1995 Mr. Schumacher explained that CDBG funds are federal funds administered through Anoka county for which the City is able to distribute to local organizations for services. These organization must generally provide assistance to the elderly, disabled or low to moderate income residents. The City Council discussed this matter at the last regular Council meeting and a public hearing was held earlier. The City has received a variety of applications from eligible organizations including ACCAP, Alexandra House, Community Emergency Assistance Program (CEAP), Forest Lake Youth Service Bureau (YSB), Meals on Wheels, as well as the Lino Lakes Senior Program and the Lino Lakes Land Use Housing Need/Economic Development Impact Study. The City Council at the last regular meeting asked staff to do some additional research regarding the impact on the community by each organization. Ms. Schloer had completed this additional research and included the information in the Council packets. Mr. Schumacher presented his recommendations which are based on the research by Ms. Schloer and Council recommendations from the previous Council meeting. He explained that there is $8,500.00 from an older CDBG program that has not been spent. ,He explained that the dollars not used in the older program must be used by June, 1995 or turned back to the County. Mr. Schumacher proposed that the Land Use Housing Need/Economic Development Impact Study be funded by $5,000.00 from the older program and $10,000.00 from the 1995/1996 CDBG program. Mr. Schumacher read his recommendation: ACCAP $3,500.00, Alexandra House $5,000.00, Community Emergency Assistance Program, Inc. $1,000.00, Forest Lake Youth Service Bureau $2,000.00, Meals on Wheels $1,500.00, Lino Lakes Senior Coordinator $14,601.00, Land Use Housing Need/Economic Development Impact Study $10,000.00. Council Member Elliott moved to adopt Resolution No. 95 - 23 Designating Community Development Block Grant Funding for Years 1995/1996. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF DESIGNATING LEGAL DEPOSITORIES, RANDY SCHUMACHER A list of depositories presently used by the Finance Department was included in the Council packets. These depositories are agencies with which the City invests its funds and maintains a checking and savings account. The City is required to appoint and/or reappoint depositories annually. Council Member Kuether moved to approve the list of depositories as presented by the Finance Department. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 31 COUNCIL MEETING FEBRUARY 27, 1995 CONSIDERATION OF AWARDING BIDS FOR DUMP TRUCK, RANDY SCHUMACHER Mr. Schumacher explained that the purchase of a replacement dump/snow plow truck was budgeted in the 1995 budget. The purchase is accomplished in two (2) steps. First the cab and chassis is bid. The City Council has already awarded bids for this step. The second step is the bidding for the dump box, hydraulic and snow plow equipment which will be installed on the cab and chassis. Mr. DeWolfe has received three (3) bids for the dump box and hydraulics and three (3) separate bids for the snow plow equipment. J -Craft, Inc. is the low bidder for all the equipment. Mr. DeWolfe recommended that the City Council award both bids to J -Craft, Inc. The low bids are $12,541.00 for the dump box and hydraulics and $12,521.00 for the snow plow equipment. Council Member Kuether moved to approve the two (2) low bids as recommended by Mr. DeWolfe. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF APPOINTMENT OF COUNCIL LIAISONS, RANDY SCHUMACHER Mr. Schumacher appointment of their February were discussed should be made explained that the City Council discussed the liaisons to various departments and committees at 22, 1995 work session. The following committees and it was decided that liaison appointments as follows: Solid Waste Committee Police Department Star City Program Government Efficiencies Program - Council Member Elliott Council Member Neal Council Member Kuether Council Member Neal At the work session Mayor Reinert suggested that Mr. Schumacher and Mr. Tesch form a committee to assist Council Member Neal with the Government Efficiencies Program. Council Member Elliott moved to set the committees as discussed and noted above. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS There was no old business. NEW BUSINESS PAGE 32 COUNCIL MEETING FEBRUARY 27, 1995 Verbal Update, Senior Housing, Randy Schumacher - Mr. Schumacher explained that the developer of the senior housing planned for the west side of St. Joseph Catholic Church has now received the federal tax credits and plans to start construction in 1995. There has been some delay in this matter due to changing some of the structural design. Also the federal tax credits are for 48 units, not the 96 units originally proposed. The balance of the property will be developed into 10 single family homes. The First Bank is still involved in the project. However, since the City Council last saw the proposal, interest rates have risen. The developer is looking for other financing in an effort to keep the rents affordable. He will have further information to Mr. Schumacher by March 7, 1995. Council Member Bergeson noted that the original City subsidy was based on 96 units. He asked if the number of units are reduced, will the City subsidy also be reduced. Mr. Schumacher said yes. He explained that he did review the latest proposal to be sure that this is the case. Mr. Schumacher also noted that there will be no City subsidy for the single family homes. No action was needed on this matter. NEW BUSINESS Set Public Hearing to Redesignate Community Development Block Grant 6:40 P.M. Council Member Elliott as noted. Council Member Kuether carried unanimously. a Portion of the 1994/1995 for Monday, March 27, 1995, moved to set the public hearing seconded the motion. Motion Council Member Elliott moved to adjourn at Member Bergeson seconded the motion. Aye. 9:04 P.M. Council These minutes were considered, corrected and approved at a regular meeting of the City Council on March 13, 1995. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 33 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 1 - 95 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO SINGLE FAMILY RESIDENTIAL (R-1), CLEARWATER CREEK The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council. on July 13, 1992 is hereby amended by rezoning from Rural (R) to Single Family Residential (R- 1) pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The NW 1/4 of the NE 1/4, the SW 1/4 of the NE 1/4, the SE 1/4 of the NE 1/4, Section 25, Township 31, Range 22, Anoka County except: The south 290.00 feet of the E 1/2 of the SE 1/4 of the NE 1/4 and the north 416.5 feet of the south 706.5 feet of the east 350 feet of said E 1/2 of the SE 1/4 of the NE 1/4, subject to Elmcrest Avenue on the East. All in Section 25, Township 31, Range 22, Anoka County, Minnesota. II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 27th day of February, 1995. 7//(// Wesley A. Meal, Acting Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken ORDINANCE NO. 1 - 95 Page -2- thereon, the following voted in favor: Bergeson, Elliott, Kuether, Acting Mayor Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 95 - 22 A RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY VFW, POST #6583 FOR THE SUPPORT OF THE DARE PROGRAM WITHIN LINO LAKES AND RICE LAKE ELEMENTARY SCHOOLS WHEREAS, The Lino Lakes Police Department began teaching the D.A.R.E program in local elementary schools in January, 1995; and WHEREAS, The curriculum, developed by educators, is an elementary school drug prevention curriculum taught by specially selected and trained uniformed police officers; and WHEREAS, the Ladies Auxiliary VFW, Post 6583 was made aware of the desire for the Lino Lakes Police Department to teach this program in the elementary schools and has donated $1000.00 to the City to defer the cost of this program. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $1000.00 to help fund the D.A.R.E. program and wishes to express its sincere gratitude and appreciation to the Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 27th day of February, 1995. Vernon F. Reinert, Mayor / ? :�,:•_... _/ - ( 2-4'7 _ L, t'-) Marilyn GAnderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Elliott, Kuether, Nen] . The following voted against same: None, Mayor Reinert was absent. 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 95-23 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1995-1996. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1995-1996 in the amount of $37,601.00 ($38,601.00 Tess $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach Program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its its goal of providing service to the communities youth, and WHEREAS, City Council supports the Meals on Wheels Program, designed to provide food to homebound seniors and handicapped individuals, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator Program which has been funded through C.D.B.G. funds since its inception, and WHEREAS, The City Council supports the continuation of the Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update), and Page 2 Resolution 95-23 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that $3,500.00 of its 1995- 1996 C.D.B.G. Funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that $5,000.00 of its 1995- 1996 C.D.B.G. Funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that $2,000.00 of its 1995- 1996 C.D.B.G Funds be designated towards the Forest Lake Youth Service Bureau. 5. That the Lino Lakes City Council hereby requests that $1,500.00 of it 1995- 1996 C.D.B.G Funds be designated towards the Meals on Wheels Program. 6. That the Lino Lakes City Council hereby requests that $14,601.00 of its 1995- 1996 C.D.B.G. Funds be used in support of the Senior Citizen Coordinator Program, designed to promote the center's activities, programs and general operation. 7. That the Lino Lakes City Council hereby requests that $10,000.00 of its 1995- 1996 C.D.B.G Funds be designated to the continuation of the City's Land Use/Housing Need/Economic Development Impact Study (in coordination with the Comprehensive Plan update). 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 95-23 Adopted by the Lino Lakes City Council this 27th Day of February, 1995. Vernon Reinert, Mayor , / Marilyn Cir. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. and the following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 95 — 24 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF A DRAINAGE EASEMENT ON LOT 5 AND LOT 6, BLOCK 2, ROHAVIC OAKS, SECOND ADDITION WHEREAS, a 15 foot wide drainage easement was recorded over the southwesterly border of Lot 17, Block 2, Rohavic Oaks at the time the plat was recorded, and WHEREAS, this portion of Rohavic Oaks has been replatted into Lot 5 and Lot 6, Rohavic Oaks, Second Addition and proper drainage easements were recorded over Lot 5 and Lot 6, Block 2, Rohavic Oaks, Second Addition at the time the plat was record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set for Monday, March 27, 1995 at 6:30 P.M. to consider the vacation of the drainage easement as shown on the attached map. Adopted by the Lino Lakes City Council this 27th day of February, 1995. Vernon F. Reinert, Mayor Marilyn C'. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether. Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 25 RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995" WHEREAS, the North Central Suburban Cable Communications Commission ("Commission") is a Joint Powers Commission organized pursuant to Minnesota Statute 471.59, as amended, and includes the following eight (8) municipalities: Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park (hereinafter "Cities"), and, WHEREAS, the Commission's Joint Powers Agreement, assigns to the Commission the responsibility to monitor the operation and activities of cable communications; to provide coordination of administration and enforcement of the cable franchise; to promote the development of locally produced cable television programming; and to conduct such other activities to insure equitable and reasonable rates and service levels for the citizens of the Member Cities and, WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications systems so that the Cities may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents and, WHEREAS, in pursuit of these goals the Cities have granted to private interests the use of Public Property and Public Rights -of -Way. NOW, THEREFORE, at a regular meeting of the City Council of the City of Lino Lakes, the City has reviewed the proposed Minnesota Emerging Communications Services Act of 1995, and hereby endorses the proposed legislation and encourages its adoption by the Minnesota State Legislature for the following reasons: FINDINGS 1. Public Property and Public Rights -of -Way are valuable public assets and Local Authorities are entitled to ensure that the public is benefitted, compensated, protected and able to access and share in the use of any Emerging Communications Services that makes use of those Public Rights -of -Way by a private for-profit provider. RESOLUTION NO. 95 - 25 Page -2- 2. There is a wide range of Persons seeking to use Public Property and the Public Rights -of -Way to deliver video, voice and data services and all such Persons should be treated similarly by State and Local Authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local Authorities are well equipped to analyze and implement the needs and interests of the local citizen/consumer, and protect taxpayer's investment in Public Property and Public Rights -of -Way. CONCLUSIONS The City concludes that Local Authorities must have the authority to require Emerging Communications Services utilizing Public Property and Public Rights -of -Way. 1. Obtain permits and comply with minimum state standards and existing local standards for use of Public Property and Public Rights -of -Way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Support community access to Emerging Communications Services. 4. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on a city, county and school district specific basis as determined by Local Authorities. 5. Allow Local Authorities to receive compensation for use of Public Property and Public Rights -of -Way. The City further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal and connectivity standards. 2. Authorizes local collection of fees to compensate Local Authorities for both the use of and decrease in the value of Public Property and Rights -of -Way as a result of the construction of and occupancy by Emerging Communications Services. RESOLUTION NO. 95 — 25 Page —3- 3. Assures delivery of Emerging Communications Services to Local Authorities and School Districts. This resolution was adopted by the Lino Lakes City Council on the 27th day of February, 1995. Vernon F. Reinert, Mayor Mar`ilyn Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-26 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR THE WOODS OF BALDWIN LAKE - 2ND ADDITION. WHEREAS, pursuant to Resolution No. 95-03 of the Lino Lakes City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, Resolution No. 95-04 of the City Council adopted the 23rd day of January, 1995, fixed a date for a public hearing on the proposed improvements. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 27th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 27th day of Februa 1995 Vernon F. Reinert, Mayor 71 1 (tit( A—, ) ��_ L_ .� _� ,_--' Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote tieing taker' ti iereon. ti e following voted in favor thereof: Bergeson, Elliott, Kuether, Neal. The following voted against same: None, Mayor Reinert was absent. Whereupon said resolution was declared duly passed and adopted.