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HomeMy WebLinkAbout12/18/1995 Council PacketAGENDA 5:30 P.M. - CLOSED COUNCIL MEETING, DISCIPLINARY ACTION 6:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY SCANNED CITY OF LINO LAKES Monday, DECEMBER 18, 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? Open Mike Consideration of Disbursements A. December 18, 1998 Police Department Report, Chief Pecchia A Swear -in Police Officer William Koch 6:30 P. M. PUBLIC HEARING, Modification.of the program for Development District No. 1 and Tax Increment Financing Plans for Tax Increment Financing (TIF) Districts No. 1-1 and 1-2, Brian Wessel A. Consideration of Resolution No. 95 - 186 Approving a Modified Program for Development District No. 1 and Tax Increment Financing Plans for TIF Districts No. 1-1 and 1-2 B. Consideration of Resolution No. 95 - 195 Authorizing Execution of Reimbursement of Development Agreements yConsideration of the Adoption of the City Drug and Alcohol Testing Policy Per U.S. Department of Transportation Regulations, 49 C.F.R. Part 382, Dan Tesch 6. City Engineers Report, Dave Ahrens PAGE 1 AGENDA Consider Resolution No. 95 - 187 Receive Feasibility Study and Call Hearing for Improvement - Clearwater Creek Trunk Utilities, John Powell Consider Resolution No. 95 - 188 Receive Feasibility Study and Call Hearing for Improvement - Elevated Water Storage Tank No. 2, John Powell Consider Resolution No. 95 - 193 Approve Final Payment for Ware Road Utility Improvements, John Powell Consider Resolution No. 95 - 194 Approve Final Payment for Well No. 4, John Powell Consider Resolution No. 95 - 189 Declare Adequacy of Petition and Order Preparation of Report - Marshan Lake Condominiums, Tim Murphy, OSM, Inc. Consider Resolution No. 95 190 Receive Report and Waiver of Public Hearing - Marshan Lake Condominiums, Tim Murphy Consider Resolution No. 95 - 191 Order Improvement and Preparation of Plans and Specifications- Marshan Lake Condominiums, Tim Murphy Consider Resolution No. 95 - 192 Approve Plans and Specifications and Order Advertisement for Bids - Marshan Lake Condominiums, Tim Murphy Consider Resolution No. 95 - 196 Declaring Adequacy of Petition and Order Preparation of Report, Pheasant Hills Preserve, 7th Addition 7. Finance Department Report, Randy Schumacher Consideration of Resolution No. 95 - 183 Adopting the General Fund and the Water and Sewer Fund Budgets Consideration of Resolution No. 95 - 184 Certifying the Final 1995 Tax Levy, Collectable in 1996 Consideration of Resolution No. 95 - 185 Authorizing the Transfer of Funds from Tax Increment District 1-1 and Tax Increment District 1-2 to the Area and Unit Fund PAGE 2 AGENDA 8 Consideration of Cost of Living Adjustment for 1996 for Non-union Employees, Randy Schumacher A. Consideration of City Administration Compensation for 1996 9. Old Business A. Update - Livable Communities Act, Mary Kay Wyland 10. New Business 11. Recognition of Service, Mayor Reinert and Council Member Elliott 12. Adjourn PAGE 3 AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY DECEMBER 18, 1995 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of November 13, 1995 3. Consideration of Resolution No. 95-16 adopting a modified program for Development District No. 1 and Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 and 1-2. 4. Consideration of Resolution No. 95-17 authorizing execution of reimbursements of development agreements 5. Adjourn DATE: TIME: MEMBERS PRESENT: MEMBERS ABSENT: OTHER PRESENT: CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES November 13, 1995 6:01 p.m. V. Reinert, L. Elliott, S. Kuether, J. Bergeson, A. Neal None Brian Wessel, Community Development Director Ron Batty, Bond Consultant Randy Schumacher, City Administrator Mary LaForest, EDA Secretary CONSIDERATION OF MINUTES EDA member Elliott moved to approve the minutes from the September 11, 1995 meeting. EDA member Neal seconded the motion. Motion passed unanimously. CONSIDERATION OF DISBURSEMENT Mr. Wessel explained to the board that the disbursement for $61,400 to Anoka County was for purchase of the Kaiser property on Hodgson Road and Birch Street. EDA member Kuether stated she wanted the money put into an interest bearing account until closing. She moved to disburse the funds contingent upon the funds being placed in an interest bearing account with interest to Lino Lakes until the title is transferred. EDA member Bergeson seconded the motion. Motion passed unanimously. CONSIDERATION OF CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN EDA AND FOGERTY DEVELOPMENT/CUSTOM REMODELERS Mr. Wessel explained to the board that a development contract between the EDA and Fogerty Development/Custom Remodelers allows the EDA to purchase the 3 acres of property in the Apollo Business Park from the city, and to write down the cost of the property and sell it to the developer for $100,603.50. In the agreement the developer agrees to pay the EDA $110,603.50 at closing, and the EDA will reimburse the developer that amount on a pay-as-you-go basis. The agreement also arranges for the city to remove $84,207 in special assessments once the building is complete. Mr. Wessel stated that minor details had not been finalized with Fogerty Development. He requested the EDA approve the development contract contingent upon Mr. Wessel and Mr. Batty being comfortable with the final agreement. If the developer required any substantial changes, Mr. Wessel will bring the contract back to the EDA for approval. EDA member Kuether moved to approve the development contract with the contingency. EDA member Elliott seconded the motion. Motion passed unanimously. RESOLUTION ADOPTING MODIFIED TIF PLAN FOR TIF DISTRICT 1-7 Mr. Batty explained to the board that this modification of the plan was in response to the Fogerty Development/Custom Remodelers proposal for office/warehouse and leasable space in the city - owned portion of the Apollo Business Park. EDA member Elliott moved to adopt resolution No. 95-12. EDA member Bergeson seconded the motion. Motion passed unanimously. PUBLIC HEARING ON PROPOSED SALE OF PROPERTY IN APOLLO BUSINESS PARK EDA president Reinert opened the hearing at 6:20 p.m. Mr. Wessel explained that the purpose of the hearing was to receive comments regarding the sale of city -owned property to Fogerty Development/Custom Remodelers. No comments from the public were received. EDA member Kuether moved to close the hearing. EDA member Elliott seconded the motion. The hearing was closed at 6:21 p.m. RESOLUTION AUTHORIZING SALE OF PROPERTY TO FOGERTY DEVELOPMENT/CUSTOM REMODELERS Mr. Wessel explained that adoption of this resolution would complete the EDA's transaction for the sale of property to the developer. Closing of the property is scheduled for January. EDA member Elliott moved to adopt Resolution No. 95-13. EDA member Kuether seconded the motion. Motion passed unanimously. CONSIDERATION OF RESOLUTION AUTHORIZING PREPARATION OF A MODIFIED PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TIF PLANS FOR TIF DISTRICTS NO. 1-1 AND 1-2 Mr. Wessel explained that this modification was to transfer funds within the district. The city constructed the West Central trunk project from accumulated service area funds, which serves as a source of funds for many of the city's largest sanitary sewer projects. In order to provide a continuing source of funds for similar projects, this modification will allow the EDA to reimburse the city's fund from accumulated tax increment in TIF Districts 1-1 and 1-2. EDA member Kuether moved to adopt Resolution No. 95-14 authorizing preparation of the modified program and plans. EDA member Bergeson seconded the motion. Motion passed unanimously. CONSIDERATION OF RESOLUTION NO. 95-15 AMENDING RESOLUTION NO. 95-11 AUTHORIZING THE EDA TO ENTER INTO A PURCHASE AGREEMENT WITH ANOKA COUNTY Mr. Wessel explained that the EDA had authorized in September 1995 for the purchase of 6508 Hodgson Road from Anoka County, with the contingency that legal costs to obtain title be prorated among agencies benefiting from the sale. The city attorney later advised staff that this would not be possible, and the county will not agree to the sale unless Lino Lakes is willing to pay for the cost of gaining title. Mr. Hawkins also explained that the county would reject the EDA's contingency made earlier that evening regarding putting the purchase money into an interest bearing account. The county believes the price on this property was well below the market price, and has the right to spend the money. The county has agreed to refund the purchase price if title cannot be cleared. Mr. Hawkins does not anticipate any problems with gaining title. The city can't take down the building until it has title. The biggest risk is that the city will be out interest on the $61,400 if it can't get title. EDA member Elliott moved to adopt Resolution No. 95-15 authorizing the EDA to enter into a purchase agreement with the county. EDA member Kuether seconded the motion. Motion passed unanimously. EDA member Bergeson removed his second from the earlier motion to require the city's payment for the land be put into an interest bearing account until title was gained. EDA member Kuether moved to approve the disbursement to Anoka County without the contingency. EDA member Bergeson seconded the motion. Motion passed unanimously. Meeting adjourned, 6:30 p.m. AGENDA ITEM 3 STAFF ORIGINATOR: Brian Wessel DATE: 12/18/95 TOPIC Consideration of Resolution No. 95-16 adopt'ns Tax Increment Financing Plans for Tax Increment' Fin in+q District Nos. 1-1 and 1 - BACKGROUND On November 13 the EDA authorized preparation of a modification of the plans for Tax Increment Financing Districts 1-1 (Rice Lake Estates) and 1-2 (Sunrise Meadows) This plan modification will reimburse the city's service area fund used to finance the West Central trunk project. OPTIONS: 1. Adopt Resolution No. 95-16 adopting a modification of the Tax In+ Financing Plan for Tax Increment Financing District Nos. 1-1 and 1-2 2. Return to staf'for further consideration; RECOMI NI' ATION Option 1 Member introduced the following resolution and moved its adoption: LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 95-16 RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1 AND 1-2 BE IT RESOLVED by the Lino Lakes Economic Development Authority as follows: Section 1. Recitals. 1.01. The city council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and Tax Increment Financing District No. 1-1 ("TIF District No. 1-1") on January 26, 1987. 1.02. The City established Tax Increment Financing District No. 1-2 ("TIF District No. 1-2") on December 27, 1988. 1.03. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred authority for the Development District and TIF Districts No. 1-1 and 1-2 to the Authority. 1.04. In the past the Development District Program (the "Program") and the TIF Plans have been modified to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act"). 1.05. It is proposed that the Plans for TIF District Nos. 1-1 and 1-2 again be modified in order to authorize reimbursement to the City of past expenditures for infrastructure improvements. 1.06. The Authority and the City have authorized preparation of modified TIF Plans which are contained in documents entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-1," and "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-2," dated December 18, 1995 and on file with the Authority. Section 2. Authority Approval. 2.01. The Authority finds that the objectives of the Authority and the City of encouraging development and redevelopment within Tax Increment Financing Districts No. 1-1 and 1-2 will be advanced by adoption of the modified Plans. 2.02. The modified Plans are hereby adopted by the Authority. Section 3. Further Proceedings. 3.01. It is noted that copies of the modified Plans have been. transmitted to the board of Independent School District No. 12 and the board of commissioners of Anoka County for review and comment and that said public bodies have been notified of the hearing to be held on the modified Plans by the City. 3.02. The Authority requests that the City hold a public hearing on the modified Plans pursuant to Minnesota Statutes, section 469.175, subd. 4, as soon hereafter as is practicable and recommends that the modified Plan be approved by the City. 3.03. Upon approval of the modified Plans by the City, the Authority's executive director is authorized and directed to file copies of the modified Plans with the Minnesota commissioner of revenue. Adopted by the Lino Lakes Economic Development Authority, Lino Lakes, Minnesota this day of , 1995. Vernon F. Reinert, President ATTEST: Randall Schumacher, Executive Director The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. WILLIE GREW UP IN SPRING LAKE PARK. WILLIE WAS HIRED AS A RESERVE OFFICER FOR THE BLAINE POLICE DEPARTMENT AND PUT IN 600 HOURS OF VOLUNTEER TIME FROM MAY 1991 TO MARCH 1992. IN MARCH OF 1993, HE WAS HIRED AS A COMMUNITY SERVICE REPRESENTATIVE FOR THE BLAINE POLICE DEPARTMENT AND THROUGH THIS POSITION BECAME A SUPERVISOR FOR THE EXPLORER PROGRAM. FROM JULY 1993 TO OCTOBER 1993, WILLIE COMPLETED AN INTERNSHIP AT THE SPRING LAKE PARK POLICE DEPARTMENT. WILLIE HAS MOST RECENTLY WORKED AT THE ANOKA COUNTY SHERIFFS OFFICE AS A COURT OFFICER AND ALSO PART TIME AS A SHERIFF'S DEPUTY FOR THE PINE COUNTY SHERIFFS OFFICE. HIS EDUCATIONAL EXPERIENCE INCLUDES: A.A.S. DEGREE FROM NORTH HENNEPIN COMMUNITY COLLEGE AND GRADUATION FROM SKILLS THROUGH MINNEAPOLIS COMMUNITY COLLEGE. AGENDA STAFF ORIGINATOR: Brian Wessel DATE: 12/14/95 ITEM 4 TOPIC: Resolution No. 95-17 authorizing execution of reimbursements of development agreements BACKGROUND:: The EDA has entered into a series of development agreements with businesses moving into Apollo Business Park. In these agreements the EDA has assumed revenue obligations alf of the city. Essentially, the EDA has been borrowing money from the city. To date there has been no formal means for transferring of funds from the EDA to the city. This resolution states that the EDA agrees to repay its obligations with interest to the city out of tax increment, as increment is received. 1. Adopt Resolution No. 95-17 authorizing execution of reimbursements of development agreements. further consideration Member adoption: introduced the following resolution and moved its LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 95 - 17 RESOLUTION AUTHORIZING EXECUTION OF REIMBURSEMENT AGREEMENTS WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City Council of the City of Lino Lakes (the "City) has established Development District No. 1 (the "Development District:) and therein has established seven tax increment financing district (the "TIF Districts"); and the City transferred authority for the Development District and the TIF Districts in 1990 to the Lino Lakes Economic Development Authority (the "EDA"); and since that time the EDA has assisted developments within the TIF Districts by offering a variety of financial incentives; and in each instance in which assistance has been offered, the EDA has entered into a development agreement specifying the terms and conditions under which the financial incentives are to be made available; and WHEREAS, the approved incentive package has frequently involved the EDA borrowing funds from the City for land acquisition costs and/or assuming responsibility for payment of special assessments levied or to be levied against benefited property for public improvements; and WHEREAS, it has been the intent of the parties that the EDA would repay the City through tax increment generated by the developments as increment is received; and WHEREAS, the EDA and the City now need to formalize the financial arrangements between them, NOW, THEREFORE, BE IT RESOLVED by the Lino Lakes Economic Development Authority as follows: 1. The president and executive director are authorized and directed to execute reimbursement agreements on behalf of the EDA with the City in regards to the projects in the TIF Districts which have received financial assistance. The PAGE 1 reimbursement agreements shall be consistent with the previously executed development agreements between the EDA and the developers. 2. The president, executive director and staff are hereby authorized and directed to take any and all steps necessary or convenient in order to effect the purposes of this resolution. Adopted by the Lino Lakes Economic Development Authority this 18th day of December, 1995. Vernon F. Reinert, Mayor ATTEST: Randall Schumacher, Executive Director The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. PAGE 2 DISBURSEMENTS 1 DECEMBER 18, 1995 Page:" 1 Date: 12/15/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Checking Account 1010 1994 CONSTRUCTION FUND BONINE EXCAVATING(CONTRACTOR/HODGSON ROAD) BONINE EXCAVATING(CONTRACTOR/COUNTRY LAKES EST) BONINE EXCAVATING(CONTRACTOR/HODGSON ROAD) BONINE EXCAVATING(CONTRACTOR/COUNTRY LAKES) * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/HWY 49 & LAKE) STATE OF MINNESOTA(INSPECTIONS) * WILLIAM G. HAWKINS & ASSOCIATE(MUN/ATTORNEY/HODGSON ROAD) * WILLIAM G. HAWKINS & ASSOCIATE(MUN/ATTORNEY/HWY 49 & LAKE) 1996 CONSTRUCTION FUND Amount 4,227.38 10,199.50 4,227.38 10,199.50 24,385.09 1,237.36 11.00 202.50 Total for Department 54,689.71 Total for Fund 54,689.71 * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/TRAPPERS CROSS) 3,945.62 Total for Department 3,945.62 Total for Fund 3,945.62 APOLLO DRIVE CONSTRUCTION FUND APOLLO DRIVE ARCON CONSTRUCTION(CONTRACTOR/APOLLO) 1,618.00 Total for Department 1,618.00 Total for Fund 1,618.00 AREA AND UNIT CHARGE KEYS WELL DRILLING COMPANY, IN(CONTRACTOR/WELL #4) MILLS CONCRETE(CONTRACTOR/WELL #4) RO-SO CONTRACTING, INC.(CONTRACTOR/WARE ROAD) * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/WELL #3) 8,328.16 16,625.00 1,958.45 6,875.00 Total for Department 33,786.61 Total for Fund 33,786.61 Page: 2 Date: 12/15/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) CAPITAL IMPROVEMENTS PROJECTS ADMINISTRATION * SMITH MICRO TECHNOLOGIES, INC.(COMPUTER SUPPLIES) Amount 106.18 Total for Department 106.18 POLICE DEPARTMENT * SMITH MICRO TECHNOLOGIES, INC.(COMPUTER SUPPLIES) Total for Department CONTRACTORS DEPOSITS 3,437.32 3,437.32 Total for Fund 3,543.50 * PRESS PUBLICATIONS, INC.(ADVERTISING/M LAKE TWNHMS) 11.69 * PRESS PUBLICATIONS, INC.(ADVERTISING/FOGERTY) 57.38 * PRESS PUBLICATIONS, INC.(ADVERTISING/TRAPPERS CROSS) 218.10 * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/PINERIDGE) 1,022.21 * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/PHEASANT HILLS) 557.48 * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER/TRAPPERS CROSS) 664.23 SOUTHAM BUSINESS COMM, INC.(ADVERTISING/TRAPPERS CROSS) 247.50 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/CLEAR WATER CK) 270.00 * WILLIAM G. HAWKINS & ASSOCIATE(MUN/ATTORNEY/BEHM'S FARM) 270.00 * WILLIAM G. HAWKINS & ASSOCIATE(MUN/ATTORNEY/FOGERTY) 607.50 Total for Department 3,926.09 Total for Fund 3,926.09 DEDICATED PARKS OTHER * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 33.38 INTERSTATE LUMBER, INC.(SUPPLIES/CITY HALL PARK) 77.10 Total for Department 110.48 Total for Fund 110.48 GENERAL ADMINISTRATION * PRESS PUBLICATIONS, INC.(ADVERTISING) 164.70 Total for Department 164.70 City of Lino Lakes Claims Roster sorted:, by Department, Grouped by Invoice Vendor Company (Entry Description BUILDING INSPECTIONS * LIGHTNING PRINTING, INC.(PRINTING SERVICE) Total for Department CHARTER COMMISSION * PRESS PUBLICATIONS, INC.(ADVERTISING) CONSULTANTS 41.10 41.10 19.13 Total for Department 19.13 * WILLIAM G. HAWKINS & ASSOCIATE(CRIMINAL ATTORNEY) 7,821.40 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY) 1,995.00 Total for Department 9,816.40 METRO COUNCIL WASTEWATER SERVI(SAC FOR NOVEMBER) METRO COUNCIL WASTEWATER SERVI(SAC FOR NOVEMBER) UNITED SYSTEMS TECHNOLOGY, INC(ANNUAL MAINTENANCE 1996) WALDOCH FARM & PRODUCE(GOPHER BOUNTY/114 PAIR) ECONOMIC DEVELOPEMENT -127.50 12,750.00 650.00 85.50 Total for Department 13,358.00 * LIGHTNING PRINTING, INC.(PRINTING SERVICE) * LIGHTNING PRINTING, INC.(PRINTING SERVICE) WILLIAM J ADVERTISING ASSOC, I(PLANNING/CONSULTATION) 57.35 90.68 1,200.00 Total for Department 1,348.03 ELECTIONS AND VOTER REGISTRATION * LIGHTNING PRINTING, INC.(PRINTING SERVICE) Total for Department ENGINEERING/PLANNING DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) NORTHWEST ASST CONSULTANT, INC(CONSULTING PLANNER) * SHORT-ELLIOTT-HENDRICKSON, INC(MUN ENGINEER) Total for Department 26.62 26.62 45.64 4.26 3,232.97 396.78 3,679.65 Page ...r Date: 12/15/95 City of Lino Lakes Claims Roster sorted by Departlueflt, Grouped Vendor Company (Entry Description) by Invoice Amount FLEET MANAGEMENT CENTER FRAME AND WHEEL ALIGN,(ALIGN WHEELS) * CRYSTEEL DIST., INC.(PARTS) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) MN. DEPT OF PUBLIC SAFETY(LICENSE TABS) STILLWATER MOTOR COMPANY(SUPPLIES) TRACY FUELS, INC.(FUEL) GOVERNMENT BUILDINGS 40.00 204.69 15.95 5.47 119.50 66.55 1,496.74 Total for Department 1,948.90 A & B SANITATION(PUMP SENIOR CENTER) * C. P. OFFICE PRODUCTS(SUPPLIES) DALCO, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) * US WEST COMMUNICATIONS(MONTHLY SERVICE) MAYOR AND COUNCIL 75.00 2.66 148.95 197.39 5.60 1,166.65 Total for Department 1,596.25 * C. P. OFFICE PRODUCTS(SUPPLIES) 45.25 ELLIOTT, LINDA(MEALS/PHONE CALLS/SHUTTLE) 48.85 PARK BOARD DONLIN, AMY(4TH QUARTER STIPEND) JOHNSON, KENNETH(4TH QUARTER STIPEND) LANE, SHARON(4TH QUARTER STIPEND) LINDY, GEORGE(4TH QUARTER STIPEND) PIPER, BETTY A.(4TH QUARTER STIPEND) SCHMIDT, JOE(4TH QUARTER STIPEND) TASCHUK, PAM(4TH QUARTER STIPEND) PARKS DEPARTMENT Total for Department 94.10 150.00 150.00 150.00 225.00 150.00 150.00 150.00 Total for Department 1,125.00 A T & T(MONTHLY SERVICE) * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * US WEST COMMUNICATIONS(MONTHLY SERVICE) * WINNICK SUPPLY, INC.(SUPPLIES) 5.30 25.52 128.79 135.03 4.26 181.28 312.66 155.28 Total for Department 948.12 Page: 5 Date: 12/15/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) PLANNING AND ZONING BOARD GELBMANN, RICK(4TH QUARTER STIPEND) HERR, GUY C.(4TH QUARTER STIPEND) JOHNSON, WILLIAM C.(4TH QUARTER STIPEND) MESICH, THOMAS(4TH QUARTER STIPEND) ROBINSON, AL(4TH QUARTER STIPEND) SCHAPS, JAMES(4TH QUARTER STIPEND) SCHONES, EDWARD L.(4TH QUARTER STIPEND) POLICE DEPARTMENT Amount 150.00 150.00 150.00 150.00 150.00 225.00 150.00 Total for Department 1,125.00 AMERIDATA, INC.(KEYBOARD REPAIR) 207.75 ANOKA COUNTY(MDT QUARTERLY SERVICE) 450.00 CAR WASH 65(CAR WASH) 5.06 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 2.11 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 112.69 HEALTHSPAN TRANSPORTATION(1ST RESPOND CLASS) 120.00 LABOR RELATIONS, INC.(CONSULTING SERVICE) 405.00 * LIGHTNING PRINTING, INC.(PRINTING SERVICE) 54.21 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 3.14 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 186.63 OTTER LAKE ANIMAL CARE CENTER(ANIMAL CONTROL) 25.37 STATE OF MINNESOTA(NEW ACCOUNTING SYSTEM) 390.00 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 298.98 * WILLIAM G. HAWKINS & ASSOCIATE(MUN/ATTORNEY/CIVIL DEFENSE) 36.00 Total for Department 2,296.94 RECREATION DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 26.34 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 7.50 * LIGHTNING PRINTING, INC.(PRINTING SERVICE) 238.46 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 MRPA(AWARDS LUNCHEON) 25.00 * PRESS PUBLICATIONS, INC.(ADVERTISING) 92.60 STAR TRIBUNE(ADVERTISING/P TIME HELP) 50.00 Total for Department 444.16 SOLID WASTE ABATEMENT ACE SOLID WASTE, INC.(REIMB/2130 RESIDENTS) LAKE SANATATION(REIMB 2ND QTR/247 RESIDENTS) WASTE MANAGEMENT BLAINE(REIMB 2ND QTR/234 RESIDENTS) WOODLAKE SANATATION - BFI(REIMB 2ND QTR/851 RESIDENTS) 745.50 86.45 81.90 297.85 Total for Department 1,211.70 e 12/15/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) STREETS * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * CARLSON EQUIPMENT COMPANY, INC(SUPPLIES) DECHEINE, THOMAS(UNIFORM ALLOWANCE) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) PAYNE, TIM(UNIFORM ALLOWANCE) * WINNICK SUPPLY, INC.(SUPPLIES) PROGRAM RECREATION GRANDT, NANCY(REIMB/ C WITH SANTA) TORRES, E. ANN(REIMBURSE/C WITH SANTA) RECREATION DEPARTMENT Total for Department Total for Fund Total for Department FESTIVAL FOODS(SUPPLIES/B WITH SANTA) TRIARCO ARTS/CRAFTS INC.(SUPPLIES/C WITH SANTA) Total for Department Total for Fund SEWER OPERATING METRO COUNCIL WASTEWATER SERVI(JANUARY 1996 SEWER CHARGE) Total for Department SEWER DEPARTMENT * CARLSON EQUIPMENT COMPANY, INC(SUPPLIES) * CRYSTEEL DIST., INC.(FLUSH LIFT STATION) * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) * LIGHTNING PRINTING, INC.(PRINTING SERVICE) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * TAUTGES,REDPATH & CO, LTD(SOFTWARE SUPPORT) Total for Department Amount 25.52 70.24 260.00 12.59 6.61 4.26 258.79 230.78 868.79 40,112.59 6.00 7.50 13.50 22.28 55.78 78.06 91.56 21,414.00 21,414.00 58.66 89.46 19.25 28.17 4.26 433.00 407.47 150.00 1,190.27 Total for Fund 22,604.27 2715795' City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description WATER OPERATING BLAINE, CITY OF(STATE WATER FEE) WATER DEPARTMENT Total for Department * CARLSON EQUIPMENT COMPANY, INC(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) * LIGHTNING PRINTING, INC.(PRINTING SERVICE) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) NORTHERN WATER WKS SUP, INC.(SUPPLIES) * TAUTGES,REDPATH & CO, LTD(SOFTWARE SUPPORT) 104.20 104.20 58.66 36.26 19.25 28.17 4.26 29.11 33.81 150.00 Total for Department 359.52 Total for Fund 463.72 Total for Checking Account 1010 150.00 ** Total ** $164,892.15 * - Invoice split to different Departments Page: 1 Date: 12/15/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Checking Account 1010 000010- A & B SANITATION 000052 - A T & T 000093 - ACE SOLID WASTE, INC. 000110 - A T & T WIRELESS SERVICE 000310 - AMERIDATA, INC. 000370 - ANOKA COUNTY 000480 - ARCON CONSTRUCTION 000720 - BLAINE, CITY OF 000740 - BONINE EXCAVATING 000930 - WILLIAM G. HAWKINS & ASSOCIATES 000931 - WILLIAM J ADVERTISING ASSOC, INC. 000946 - C. P. OFFICE PRODUCTS 000970 - CAR WASH 65 000980 - CARLSON EQUIPMENT COMPANY, INC. 001053 - CENTER FRAME AND WHEEL ALIGN, INC. 001230 - CRYSTEEL DIST., INC. 001270 - DALCO, INC. 001290 - DECHEINE, THOMAS 001329 - DONLIN, AMY 001408 - ELLIOTT, LINDA 001486 - FESTIVAL FOODS 001560 - FRATTALLONE'S HARDWARE, INC. 001604 - GELBMANN, RICK 001608 - GENERAL OFFICE PRODUCTS COMPANY/INC Amount 75.00 5.30 745.50 123.02 207.75 450.00 1,618.00 104.20 28,853.76 11,213.40 1,200.00 47.91 5.06 187.56 40.00 294.15 148.95 260.00 150.00 48.85 22.28 431.94 150.00 267.43 Page: 2 Date: 12/15/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001680 - GOPHER STATE ONE -CALL, INC. 38.50 001723 - GRANDT, NANCY 6.00 001827 - HEALTHSPAN TRANSPORTATION 120.00 001833 - HERR, GUY C. 150.00 001970 - INTERSTATE LUMBER, INC. 77.10 002095 - JOHNSON, KENNETH 150.00 002102 - JOHNSON, WILLIAM C. 150.00 002142 - KEYS WELL DRILLING COMPANY, INC. 8,328.16 002220 - LABOR RELATIONS, INC. 405.00 002243 - LANE, SHARON 150.00 002278 - LAKE SANATATION 86.45 002340 - LIGHTNING PRINTING, INC. 564.76 002355 - LINDY, GEORGE 225.00 002555 - MESICH, THOMAS 150.00 002570 - METRO COUNCIL WASTEWATER SERVICES 34,036.50 002687 - MILLS CONCRETE 16,625.00 002694 - MINNCOMM PAGING, INC. 25.56 002780 - MN. DEPT OF PUBLIC SAFETY 119.50 003050 - MRPA 25.00 003250 - NORTHERN STATES POWER, INC. 1,240.63 003280 - NORTHERN WATER WKS SUP, INC. 33.81 003320 - NORTHWEST ASST CONSULTANT, INC. 3,232.97 003443 - OTTER LAKE ANIMAL CARE CENTER 25.37 003474 - PAYNE, TIM 258.79 003521 - PIPER, BETTY A. 150.00 003600 - PRESS PUBLICATIONS, INC. 563.60 Page: 3 Date: 12/15/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name 003800 - RO-SO CONTRACTING, INC. 003805 - ROBINSON, AL 003880 - SHORT-ELLIOTT-HENDRICKSON, INC. 003915 - SCHAPS, JAMES 003935 - SCHMIDT, JOE 003985 - SCHONES, EDWARD L. 004030 - SMITH MICRO TECHNOLOGIES, INC. 004070 - SOUTHAM BUSINESS COMM, INC. 004150 - STAR TRIBUNE 004172 - STATE OF MINNESOTA 004192 - STATE OF MINNESOTA 004232 - STILLWATER MOTOR COMPANY 004367 TASCHUK, PAM 004370 TAUTGES,REDPATH & CO, LTD 004458 - TORRES, E. ANN 004470 - TRACY FUELS, INC. 004485 - TRIARCO ARTS/CRAFTS INC. 004608 - UNITED SYSTEMS TECHNOLOGY, INC. 004670 - US WEST COMMUNICATIONS 004750 - WALDOCH FARM & PRODUCE 004780 - WASTE MANAGEMENT BLAINE 004837 WOODLAKE SANATATION - BFI 004840 - WINNICK SUPPLY, INC. Amount 1,958.45 150.00 37,846.41 225.00 150.00 150.00 3,543.50 247.50 50.00 390.00 1,237.36 66.55 150.00 300.00 7.50 1,496.74 55.78 650.00 1,778.29 85.50 81.90 297.85 386.06 Total for Checking Account: 1010 164,892.15 ** Total ** $164,892.15 AGENDA ITEM NO. 4 STAFF ©RIGINAAT©R: Brian Wessel DATE: TOPIC: Public hearing on the modified Tax Increment Financing Plan for TIF Districts 1-1 and 1-2 BACKGROUND Earlier this evening the EDA adopted modified Plans for Tax Increment Financing Districts 1-1 (Rice Lake Estates) and 1-2 (Sunrise Meadows). The purpose of this modification is to transfer funds within the district to reimburse the city's service area fund for the dollars spent to fund the West Central trunk project1This hearing is to receive public comment regarding the modification of these Plans. OPTIONS: 1. Open the public hearing 2. Continue the public hearing RECOMMENDATION: AGENDA ITEM NO. 4A STAFF ORIGINATOR: Brian Wessel DATE: 12/14/95 • TOPIC: Resolution 95-186 approving modified TIF Plans for TIF District Nos. 1-1 and 1-2 BACKGROUND: This resolution finds that development occurring in TIF Districts 1-1 and 1-2 was made possible by infrastructure improvements in the modified Plans and would not reasonably have occurred solely through private investment. The modified Plans will reimburse the city for funds used to finance these improvements. OPTIONS: 1. Adopt Resolution No. 95-186 approving modified Plans for Tax Increment Financing District Nos. 1-1 and 1-2. 2. Return to staff for further consideration RECOMMENDATION: Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION 95-186 RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1 AND 1-2 BE IT RESOLVED, by the City Council of the City of Lino Lakes, Minnesota as follows: Section 1. Recitals. 1.01. The City Council of the City of Lino Lakes (the "City") established Development District No. 1 ("Development District") and Tax Increment Financing District No. 1-1 ("TIF District No. 1-1") on January 26, 1987. 1.02. The City established Tax Increment Financing District No. 1-2 ("TIF District No. 1-2") on December 27, 1988. 1.03. The City established the Lino Lakes Economic Development Authority (the "Authority") in 1990 and transferred authority for the Development District and TIF District Nos. 1-1 and 1-2 to the Authority. 1.04. In the past the Development District Program (the "Program") and the TIF Plans have been modified to assist improvements within the Development District pursuant to Minnesota Statutes, sections 469.171 through 469.179 (the "TIF Act") and sections 469.124 through 469.134 (the "City Development District Act"). 1.05. It is proposed that the Plans for TIF District Nos. 1-1 and 1-2 again be modified in order to authorize reimbursement to the city for past expenditures for infrastructure improvements. 1.06. The Authority and the City have authorized preparation of a modified Program and TIF Plans which are contained in documents entitled "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-1" and "Modified Tax Increment Financing Plan, Tax Increment Financing District No. 1-2, dated December 18, 1995 and of file with the Authority. 1.07. Copies; of the Plans have been forwarded to Independent School District No. 12 and Anoka County along with a notice of a public hearing to be held by the City on December 18, 1995. 1.08. The Authority has adopted the modified Plans and referred them to the City for public hearing and consideration as provided by the TIF Act and the City Development District Act. 1.09. The City has fully reviewed the contents of the modified Plans and has on this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings; Modification of Plans 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of Tax Increment Financing District Nos. 1-1 and 1-2 and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the Authority and the City to provide public financial assistance. 2.02. It is further found and determined, and it is the reasoned opinion of the City, that the development which has occurred within the TIF District Nos. 1-1 and 1-2 which was made possible by major infrastructure improvements in the modified Plans would not reasonable have been expected to occur solely through private investment and that therefore the use of tax increment financing was necessary. 2.03. The modified Plans conform to the general plan for development of the City as a whole. 2.04. The public assistance to be financed largely through tax increment financing in the form of a reimbursement to the City for funds previously spent on infrastructure improvements were necessary to permit the City to realize the full potential of Tax Increment Financing District Nos. 1-1 and 1-2 in terms of development intensity, employment opportunities and tax base. 2.05. The modified Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the area by private enterprise. Section 3. Approval of Modification; Filing 3.01. The modified Plans are hereby approved. The modified Plans incorporate by reference the original Plans and all subsequent modifications except as these modified Plans explicitly or by reasonable necessary implication conflicts with the original Plans for previous modifications. 3.02. The geographic boundaries of Tax Increment Financing District Nos. 1-1 and 1-2 are not affected by this modification and are as described in the original Plans. 3.03. The Authority is requested to file a copy of the modified Plans with the Minnesota commissioner of revenue as required by the TIF Act. 3.04. The clerk -treasurer is authorized and directed to transmit a certified copy of this resolution to the Authority. DATED: , 1995 Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson Clerk -Treasurer This motion for adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM NO. 4B STAFF ORIGINATOR: Brian Wessel DATE: 12/18/95 TOPIC: Resolution authorizing execution of reimbursements of development agreements. RESOLUTION NO. 95 195 BACKGROUND: The EDA has entered into a series of development agreements with businesses moving into the Apollo Business Park. In these agreements, the EDA has assumed revenue obligations on behalf of the city. There has been no formal agreement between the city and the EDA for transferring funds from the EDA to the city. This resolution states that the EDA agrees to repay its obligation with interest to the city out of tax increment, as increment is received. OPTIONS: 1. Approve the resolution authorizing execution of reimbursements of development agreements. Resolution No. 95 - 195 2. Return to staff for further consideration RECOMMENDATION: Option 1 Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 195 RESOLUTION AUTHORIZING EXECUTION OF REIMBURSEMENT AGREEMENTS WHEREAS, the City Council of the City of Lino Lakes (the "City") has established Development District No. 1 (the "Development District") and therein has established seven tax increment financing districts (the "TIF Districts"); and WHEREAS, the City transferred authority for the Development District and the TIF Districts in 1990 to the Lino Lakes Economic Development Authority (the "EDA"), and WHEREAS, since that time the EDA has assisted developments within the TIF Districts by offering a variety of financial incentives; and WHEREAS, in each instance in which assistance has been offered, the EDA has entered into a development agreement specifying the terms and conditions under which the financial incentives are to be made available; and WHEREAS, the approved incentive package has frequently involved the EDA borrowing funds from the City for land acquisition costs and/or assuming responsibility for payment of special assessments levied or to be levied against benefited property for public improvements; and WHEREAS, it has been the intent of the parties that the EDA would repay the City through tax increment generated by the developments as increment is received; and WHEREAS, the EDA and the City now need to formalize the financial arrangements between them, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino lakes, Minnesota as follows: 1. The Mayor and the City Administrator are authorized and directed to execute reimbursement agreements on behalf of the City with the EDA in regards to the projects in the TIF Districts which have received financial assistance. The reimbursement agreements shall be consistent with the PAGE 1 previously executed development agreements between the EDA and the developers. 2. The Mayor, City Administrator and staff are hereby authorized and directed to take any and all steps necessary or convenient in order to effect the purposes of this resolution. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor ATTEST: 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 passed and adopted. PAGE 2 AGENDA ITEM NO. 5 STAFF ORIGINATOR Daniel Tesch, Assistant to the City Administrator DATE TOPIC 13 Decernber 1995 Federal Omnibus Transportation Employee Testing Act The U.S Department of Transportation requires all public and private employers that have drivers which are required to carry a Commercial Driver's License (CDL) put in place a random drug testing policy. The attached policy is one that has been modified based on an approved model by several cities in the metro area. This policy meets all the guidelines necessary to comply with federal legislation including random and reasonable suspicion drug and alcohol testing. In January, i will be coming before the. Council to request that we enter into a contract with MetroTest to administer our testing program. We will be a member of a consortium of metropolitan cities thereby pooling our drivers and realizing a significant economies of scale. Adopt the attached Drug and Alcohol Testing Policy. (needs to be in place by January 1, 1996) Request additional information. 1. CITY OF LINO LAKES POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS 1. PURPOSE The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the federal Omnibus Transportation Employee Testing Act and the U.S. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from the City's Drug and Alcohol Testing Policy, which implements the requirements of state law and the federal Drug Free Workplace Act of 1988. 2. DEFINITIONS Accident - Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: (1) A fatality; (2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; (3) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under his policy and federal regulations BAT (Breath Alcohol Technician) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain of Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. 1 Commercial Motor _Vehicle - a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property of the motor vehicle; and (a) has a gross combination rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) has a gross vehicle weight rating of 26,001 or more pounds; or (c) is designed to transport 16 or more passengers, including the driver; or (d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. part 172, subpart F. (e) a commercial motor vehicle does not include a fire truck or other emergency fire equipment. Confirmation Test - for alcohol testing it means a second test, following a screening test with a result of.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing it means a second analytical procedure to identify the presence of a specific drug. A second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal form that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine). Confirmatory Retest - For controlled substances it means a third analytical procedure to reconfirm the presence of a specific drug. If the test result of the primary specimen is positive the driver may request that the MRO direct the split specimen be tested in any different DHHS-certified laboratory for presence of drug(s). (A confirmatory retest is done at the request and expense of the employee.) Consortium - an entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulations, or other U. S. Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. Controlled Substance - any drug which is not legally obtainable or which is legally obtainable but either has not been legally obtained or is misused. The term includes, but is not limited to, marijuana, cocaine, stimulants, depressants, narcotics, hallucinogens, prescription drugs not properly used according to physician directions, prescription drugs not being used for prescribed purposes and prescription drugs procured by fraud. 2 Driver - any person who operates or maintains commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the City for employment to drive a commercial motor vehicle. EBT (Evidential Breath Testing Device) - an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products list of Evidential Breath Measurement Devices." FHWA. - The Federal Highway Administration. MRO - Medical Review Officer. A licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with driver's medical history and any other relevant biomedical information. Performing (A safety sensitive function) - a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform, or in a state of readiness to perform any safety sensitive function while on duty. Reasonable Suspicion - means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refuse to Submit (to an alcohol or a controlled substances test) - occurs when a driver: (a) fails to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing in accordance with the provisions of this part, (b) fails to provide adequate urine for controlled substances testing without a valid medical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation, or (c) engages in conduct that clearly obstructs the testing process. 3 Safety -Sensitive Function - any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a state of readiness to drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the City; (b) All time inspecting equipment as required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (c) All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth confirming to the requirements of federal regulations; (e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (f) All time spent performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test) - in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. Substance Abuse Professional - a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances -related disorders. 4 3. PROHIBITED CONDUCT Conduct Related to Alcohol (a) A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform safety -sensitive functions, including driving a commercial motor vehicle. The driver shall not perform safety -sensitive functions until the start of the driver's next regularly scheduled duty, but not less than twenty-four hours following administration of the test and the driver will not be compensated during the time off. The driver may use vacation hours during the absence if accrued and available. A detectable alcohol concentration level is in violation of the City of Lino Lakes Drug and Alcohol Testing Policy and actions also may be taken under that policy, which may be in addition to this policy. (b) No driver shall report for duty or remain on duty requiring the performance of safety -- sensitive functions while having an alcohol concentration of 0.04 or greater. (c) The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the driver to perform or continue to perform safety -sensitive functions. (d) No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. (e) No driver shall use alcohol while performing safety -sensitive functions. (f) The City, having actual knowledge that a driver is using alcohol while performing safety -sensitive functions, shall not permit the driver to perform or continue to perform safety -sensitive functions. (g) No driver shall perform safety -sensitive functions within four hours after using alcohol. (h) The City, having actual knowledge that a driver has used alcohol within four (4) hours, shall not permit a driver to perform or continue to perform safety -sensitive functions. (i) No driver required to take a post -accident alcohol test because of loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident shall use alcohol for eight (8) hours following the accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first. (j) No driver shall refuse to submit to a post -accident alcohol test, a random alcohol test, a reasonable suspicion alcohol test, or a follow-up alcohol test mandated by this policy and federal law. 5 (k) The City shall not permit a driver who refuses to submit to the mandated alcohol tests under this policy and federal law to perform or continue to perform safety -sensitive functions. Conduct Related to Controlled Substances (a) No driver shall report for duty or remain on -duty requiring the performance of safety - sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. (b) The City, having actual knowledge that a driver has used a controlled substance, shall not permit the driver to perform or continue to perform a safety sensitive -function unless use is permitted pursuant to the written instruction of a physician. A driver shall inform the driver's supervisor of any therapeutic drug use. No driver shall report for duty, remain on duty, or perform a safety -sensitive function, if the driver tests positive for controlled substances. The City, having actual knowledge that a driver has tested positive for controlled substances, shall not permit the driver to perform or continue to perform safety -- sensitive functions. (f) No driver shall refuse to submit to a post -accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test, or a follow- up controlled substance test mandated by this policy and federal law. (g) The City shall not permit a driver who refuses to submit to the mandated controlled substance tests to perform or continue to perform safety -sensitive functions. 4. TYPES OF TESTS REQUIRED Pre-employment Testing Prior to the first time a driver performs safety -sensitive functions for the City, the driver shall undergo testing for controlled substances. For purposes of this subsection on pre-employment testing, the term driver includes but is not limited to a person applying to the City for a position which requires them to drive a commercial motor vehicle, a person who has recently obtained a commercial driver's license or a person whose has been reassigned or promoted into a position that requires the performance of safety -sensitive functions. Any job offer, reassignment or promotion to drive a commercial motor vehicle shall be contingent upon a negative drug and alcohol test report and the applicant's written agreement authorizing former employers to release 6 to the City all information on the applicant's alcohol tests with a concentration result of 0.04 or greater, positive controlled substances test results, and refusals to be tested, within the preceding two years. The City also retains the right not to hire a driver who has a positive test result and who has not participated and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional or who refuses to sign the release. Post -Accident Testing Drivers Tested. As soon as practicable following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances of each driver: (a) Who was performing safety -sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (b) Who receives a citation under State or local law for a moving traffic violation arising from the accident. (c) The City may also test under the City of Lino Lakes Alcohol and Drug Testing Policy. An employee who is subject to post -accident testing must remain available, or the City shall consider the employee to have refused to submit for testing. The driver should receive the alcohol test within 2 hours of the accident. If this is not done, the City shall prepare and maintain a record stating the reasons the test was not administered promptly. After 8 hours, no further attempts should be made to administer the alcohol test, and the reason must be documented. Controlled substance testing should be administered as soon as possible; if the employee has not submitted to this testing within 32 hours; the City shall cease all attempts to conduct the test and document the reason. The employee is prohibited from using alcohol for 8 hours following an accident or until the employee has undergone a post -accident alcohol test, whichever comes first. Random Testing Through a consortium, the City will receive the names of randomly -selected drivers subject to this policy for unannounced alcohol and controlled substances testing using a computer-based random number generator that is matched with the employee's identifying number. Alcohol testing shall be performed just before, during or after the driver's performance of safety - sensitive duties. Drivers selected for testing must proceed immediately to the testing site; provided, however, that if an employee is performing a safety -sensitive function at the time of notification, driver shall cease performing the safety -sensitive function and proceed to the testing site as soon as possible. FWHA rules require the City conduct random controlled substances testing on 50% of the average number of employees and random alcohol testing on 25% of the average number of drivers. Drivers may be selected for more than one test per year. Tests shall be spread reasonably throughout the year. 7 Reasonable Suspicion Testing (a) City's Determination Of Reasonable Suspicion Of Alcohol Violations. The City shall require a driver to submit to an alcohol test when the appointing authority has reasonable suspicion to believe that the driver has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. (b) City's Determination Of Reasonable Suspicion Of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the appointing authority has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. (c) Trained Supervisor Of Employee. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. (d) Timing Of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (1) above are made during, just proceeding, or just after the period of the work day that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety -sensitive functions, just before the driver is to perform safety - sensitive functions, just after the driver has ceased performing such safety -sensitive functions or while the driver is in a state of readiness to perform safety sensitive functions. (e) City Drug And Alcohol Testing Policy. If the driver is not performing safety -sensitive functions and reasonable suspicion exists, drivers may be tested for drugs and alcohol under the City of Lino Lakes Drug and Alcohol Testing Policy. (f) Prompt Administration Of Test. If an alcohol test required by federal law and this policy is not administered within two hours following the determination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law 8 and this policy is not administered within eight (8) hours following the determination of reasonable suspicion, the city shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (g) Under The Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the performance of safety -sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety -sensitive functions, until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four (24) hours have elapsed following the determination under paragraph (f) of this Section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (h) Written Records Of Observations. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or another city employee who made the observations within twenty -f our (24) hours of the observed behavior or before the test results are released, whichever is earlier. Return -to -Duty Testing An employee found to have violated this policy shall not return to work until after undergoing return -to - duty tests indicating an alcohol concentration of less than 0.02 and a verified negative result for controlled substances. Follow-up Testing (a) Follow-up Alcohol and/or Controlled Substance Test. Following a determination that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the employee is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the federal law. Follow up testing shall not exceed sixty (60) months from the date of the employee's return to duty. (b) Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety -sensitive functions, just before the driver is to perform safety -sensitive functions, just after the driver has ceased performing such safety -sensitive functions or while the driver is in a state of readiness to perform safety -sensitive functions. 9 5. DRUG AND ALCOHOL TESTING: Controlled substances testing is conducted by analyzing an employee's urine specimen. Split urine samples will be collected according to FHWA regulations. The employee will provide a urine sample at a designated collection site. The collection site person shall pour the urine specimen into two bottles labeled "primary" and "split", seal the specimens, complete a chain of custody document and prepare the bottles for shipment to the testing laboratory for analysis. If the employee is unable to provide the appropriate quantity of urine. The collection site person shall instruct the employee to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the employee is still unable to provide a complete sample. The testing shall be discontinued and the City notified. The MRO shall refer the employee for a medical evaluation to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the referral made and revoke the employment offer. Drug test results are reported directly to the MRO by the testing laboratory. The MRO reports the results to the City's designated contact person. If the results are negative, the County is informed and no further action is necessary. If the test result is confirmed positive, the MRO Shall give the employee an opportunity to discuss the test result. The MRO must review any medical records supplied by an employee to determine if a confirmed positive test is the result of the employee having taken legally prescribed medication. The MRO shall notify each employee that the employee has 72 hours in which to request a test of the split specimen at the employee's expense. The MRO will contact the employee directly on a confidential basis, to determine whether the person wishes to discuss the positive test result. The MRO will review the confirmed positive test result to determine whether there is an acceptable medical reason for the positive result. The MRO shall verify and report a positive test result to the City when there is no legitimate medical reason for a positive test result as received from the testing laboratory. If after making reasonable efforts and documenting these efforts, the MRO is unable to reach the employee directly, the MRO must contact the designated City contact person, who shall direct the employee to contact the MRO. If the City contact person is unable to contact the employee, the employee will be placed on suspension. The MRO may verify a test positive without having communicated directly with the employee about the test results under the following circumstances: 1. The employee expressly declines the opportunity to discuss the test results. 2. The employee has not contacted the MRO within five (51 days of being instructed to do so by the City. 10 The FWHA alcohol test rules require breath testing administered by a BAT using an EBT. Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result Tess than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If any employee attempts and fails to provide an adequate amount of breath, the City will direct the employee to obtain written evaluation from a licensed physician to determine if the employee's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. 6. ALCOHOL TESTING The FWHA alcohol test rules require breath testing administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.03 or greater, a second confirmation test must be conducted. If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. 7. REFUSAL TO SUBMIT If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the appointing authority shall recommend to the City Council that the driver be discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 8. CONFIDENTIALITY All alcohol controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without the written permission of the individual except as provided for by regulation or law. 9. CONSEQUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT Employees who are known to here engaged in prohibited behavior, with regard to alcohol misuse or use of controlled substances, are subject to the following consequences: 1. Employees shall not be permitted to perform safety sensitive functions; 2. Employees shall be advised by the City of the resources available to them in evaluating and resolving problems associated with misuse of alcohol or use of controlled substances; 11 3. Employees shall be evaluated by a substance abuse professional with the City Employee Assistance Program at City cost. The substance abuse professional shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use; 4. Before an employee returns to duty requiring performance of a safety -sensitive function he/she shall undergo a return -to duty test with a result Indicating a breath alcohol level of Tess then 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use; 5. In addition, each employee identified as needing assistance in resolving problems associated with alcohol or controlled substances shall be evaluated by a substance abuse professional to determine that the employee has followed the rehabilitation program prescribed; 6. The employee shall also be subject to unannounced follow-up alcohol and controlled substance testing following the employee's return to work. This testing shall be as directed by the substance abuse professional and federal law;. 7. Federal Highway Administration (FHWA) rules require that in the event of an alcohol test result over 0.02 but less then 0.04, an employee shall not be permitted to perform safety -sensitive functions for not less than 24 hours. No action will be taken against an employee or job applicant based on a positive initial result that has not been verified by a confirmatory test. If a job applicant receives a positive confirmatory test result, the City will withdraw the conditional offer of employment and provide the applicant with the reason. If an employee receives a positive confirmatory test result, the City will make reasonable accommodations to allow the employee to participate in a counseling or rehabilitation program. However, the City may discharge the employee if the substance abuse professional recommends a counseling or rehabilitation program and the employee refuses to participate or fails to successfully complete the program. Accommodations will be made for the initial rehabilitation. The City will consider the frequency and/or severity of subsequent positive confirmatory tests and such tests may be considered a failure to successfully complete the program. If the City deems that there was a failure to successfully complete the program, the employee will be disciplined up to and including discharge. If the City believes its necessary to protect the safety of the employee, other employees, or the public, the City may temporarily suspend or reassign the employee pending the outcome of the confirmatory test or re -test. 10. RIGHTS OF EMPLOYEES AND JOB APPLICANTS Rights of Refusal - Any employee or job applicant may refuse to undergo testing. However, if a job applicant refuses to undergo testing, that applicant's conditional offer of employment will be withdrawn. If an employee refuses to undergo testing, the employee will be considered as testing positive and may be subject to disciplinary action up to and including discharge. 12 Opportunity to Explain - Upon a positive confirmatory test result, an employee or job applicant will be given the opportunity to explain the positive drug confirmatory test result with the Medical Review Officer. If the MRO upholds the positive drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the rules. Confirmatory Re -Test - Any employee or job applicant may request a confirmatory re -test of the original sample, at the expense of the employee or job applicant, within 72 hours of receiving notice of a confirmed positive test result. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS-certified laboratory for analysis. If an employee has not contacted the MRO within 72 hours, the employee may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or the other circumstances unavoidable prevented the employee from making timely contact. If the MRO concludes that there is a legitimate explanation for the employee's failure to contact within 72 hours, the MRO shall direct the analysis of the split specimen. If the confirming retest is negative, no adverse action will be taken against the employee and an applicant will be considered for employment. The City may reimburse the employee for the expense of the re -test that is negative. The City will not discharge an employee that, for the first time, receives a verified positive drug or alcohol test result unless: 1. The employee refuses to meet with a substance abuse professional for the purpose of an evaluation for alcohol/controlled substance use/abuse and recommendations for an educational, counseling, or treatment program; or 2. The employee fails to enter the recommended program, or fails to successfully complete the program; or 3. The employee fails a return to duty alcohol and/or controlled substance test at the successful completion of the recommended program or subsequent unannounced follow-up alcohol and/or controlled substance testing. The City has in place an Employee Assistance Program to assist employees in addressing alcohol or drug abuse problems. Employees are encouraged to seek assistance before the problem affects their employment status. Participation in the program is confidential and normally voluntary, but participation may be required if usage of drugs or alcohol are determined to be present. Violations of this policy may constitute just cause for discipline, up to an including discharge. Each situation will be evaluated on an individual basis depending upon the severity and circumstances involved, and all disciplinary action shall be in accordance with the appropriate sections of the Minnesota Public Employers Labor Relations Act (MPELRA). 13 Any alcohol and/or drug testing other than that required for operators of Commercial Motor Vehicles shall be in accordance with Minnesota Statutes 181.950.957 (1987), the Minnesota Drug and Alcohol Testing in the Workplace Act. CONTACT The employer designated contact person will coordinate the implementation, direction, and administration of the City's alcohol and controlled substances policy. The contact person is the principal contact for the collection site, the testing lab, the MRO, the BAT and the person tested. Employee questions concerning this policy should be directed to the contact person: Dan Tesch Assistant to the City Administrator 464-5562 14 AGENDA ITEM 6A STAFF ORIGINATOR John Powell. TKDA DATE TOPIC December 15. 1995 Consideration of Resolution No. 95-187 Receive Feasibility Report and Call a Public Hearing for Clearwater Creek Trunk Utilities BACKGROUND The Lino Lakes City Council ordered the preparation of this Feasibility Report at the regular meeting on September 11, 1995. This report addresses the need for trunk utility service in the southeast quadrant of 1-35E/Main Street to support development of businesses in that area. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the Feasibility Report is to be received by the City Council and a public hearing scheduled. The public hearing will be held at the City Council meeting scheduled for January 22, 1996. OPTIONS 1. Approve Resolution No. 95-187 2. Return the matter to staff for further review. RECOMMENDATION Option No. 1 - Approve Resolution No. 95-187 receiving the Feasibility Report for the Clearwater Creek Trunk Utility Improvements and call a Public Hearing to be held January 22, 1995. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-187 RESOLUTION RECEIVING THE CLEARWATER CREEK TRUNK UTILITY FEASIBILITY REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to a resolution of the Council adopted September 11, 1995, a report has been prepared by John Powell, TKDA with reference to the improvement of trunk utilities for the Clearwater Creek area, and this report was received by the Council on December 18, 1995 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 22nd day of January 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 68 STAFF ORIGINATOR John Powell, TKDA DATE December 15. 1995 TOPIC Consideration of Resolution No. 95-188 Receive Feasibility Report and Call a Public Hearing for Elevated Water Storage Tank No. 2 BACKGROUND The Lino Lakes City Council ordered the preparation of this Feasibility Report at the regular meeting on September 11, 1995. In accordance with Minnesota State Statute Section 429 and the Lino Lakes City Charter, the Feasibility Report is to be received by the City Council and a public hearing scheduled. The public hearing will be held at the City Council meeting scheduled for January 22, 1996. OPTIONS 1. Approve Resolution No. 95-188 2. Return the matter to staff for further review. RECOMMENDATION Option No. 1 Approve Resolution No. 95-188 receiving the Feasibility Report for the Elevated Water Storage Tank No. 2 Improvements and call a Public Hearing to be held January 22, 1995. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-188 RESOLUTION RECEIVING THE ELEVATED WATER STORAGE TANK NO. 2 REPORT AND SETTING A PUBLIC HEARING. WHEREAS, pursuant to resolution of the Council adopted September 11, 1995, a report has been prepared by TKDA with reference to the improvement of Elevated Water Storage Tank No. 2, and this report was received by the Council on December 18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 for the estimated total cost of the improvement. 2. A public hearing shall be held on such proposed improvement on the 22nd day of January 1996, in the Council Chambers of the City Hall at 6:45 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 6Q STAFF ORIGINATOR John Powell. TKDA DATE December 15. 1995 TOPIC Consideration of Resolution No. 95-193 Approve Final Payment for Ware Road Utility Improvements BACKGROUNQ The construction of this project has been completed as well as the final submittals by the contractor, Ro-So Contracting, Inc. The final payment will initiate the contractor's one year warranty period. OPTIONS 1. Approve Resolution No. 95-193 2. Delay final payment pending further staff review. RECOMMENDATION Option No. 1 - Approve Resolution No. 95-193 Approving Final Payment for the Ware Road Utility Improvements. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-193 RESOLUTION APPROVING FINAL PAYMENT FOR THE WARE ROAD UTILITY IMPROVEMENTS. WHEREAS, construction of the Ware Road Utility Improvements have been completed by Ro-So Contracting, Inc. AND WHEREAS, the one-year warranty periods for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Final Payment is hereby approved for the Ware Road Utility Improvements. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson. Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer WARE ROAD UTILITY IMPROVEMENTS LINO LAKES, MN. COMM. NO. 10766 LOCATION MAP RESNANAU tv PROJECT LOCATION 0 Cpwrpil.R it is OF Cly• 0• 100 t STAFF ORIGINATOR DATE AGENDA ITEM AP, John Powell. TKDA TOPIC BACKGROUND December 15. 1995 Consideration of Resolution No. 95-194 Approve Final Payment for Well No. 4 The construction of this project has been completed as well as the final submittals by the contractor, Keys Well Drilling, Inc. The final payment will initiate the contractor's one year warranty period. The construction of the pumphouse, which is constructed by a separate contractor, has begun. OPTIONS 1. Approve Resolution No. 95-194 2. Delay final payment pending further staff review. RECOMMENDATION Option No. 1 - Approve Resolution No. 95-194 Approving Final Payment for Well No. 4. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-194 RESOLUTION APPROVING FINAL PAYMENT FOR THE WELL NO. 4 IMPROVEMENTS. WHEREAS, construction of the Well No. 4 Improvements have been completed by Keys Well Drilling Co. AND WHEREAS, the one-year warranty periods for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Final Payment is hereby approved for the Well No. 4 Improvements. Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson. Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer LAKE v Qool pi mm,_ mom,^mm�© sy rin.fiFRAiliajourkata err ■atirodeallafficorigradantivIMI 361. 5 3EC7 30. 33 T. 3r R.22 0 AGENDA ITEM 6E ORIGINATOR: Tim Murphy, OSM, Inc. DATE: December 15, 1995 TOPIC: Marshan Lake Condominiums Declare Adequacy of Petition and Order Preparation of Report BACKGROUND: The property owner and developer of the proposed condominium development located at the northeast corner of Aqua Lane and Lake Drive (STH 49) has submitted a petition to the City requesting sanitary sewer, storm sewer, streets and water service. Attached for the Council's reference is a location map of the subject area and a copy of the petition. Pursuant to Minnesota Statutes, Chapter 429, and the Chapter 8 of the Lino Lakes Charter, the Council is required to declare the adequacy of the petition and order the preparation of a report studying the proposed improvements. OPTIONS: 1. Return to staff for further review. t�9 . 2. Adopt Resolution 95 -# Declaring Adequacy of the Petition the Improvements. RECOMMENDATION: OSM recommends that Council adopt option number 2. Order a Report on Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 189 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER REPORT ON IMPROVEMENTS - MARSHAN LAKE CONDOMINIUM PROJECT. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, filed with the Council On December 15 , 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2 The petition is hereby referred to the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether it should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Adopted by the Lino Lakes City Council this 18th day of December, 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 duly passed and adopted. AGENDA ITEM 6F ORIGINATOR: Tim Murphy, OSM, Inc. DATE: December 15, 1995 TOPIC: Marshan Lake Condominiums Receive Report and Waiver of Public Hearing BACKGROUND: Pursuant to Minnesota Statute, Chapter 429, and Chapter 8 of the Lino Lakes Charter, Council must receive the report studying the proposed street and utility improvements to the Marshan Lake Condominium project area. As a result of the Utility construction completed as part of the Wenzel Farms and Marshan Shores developments, the sewer and water mains are readily accessible to serve the petitioning property located at the northeast corner of Lake Drive and Aqua Lane. The size, type and depths of the existing utilities are adequate to serve the property. OSM, Inc. has studied the proposed improvements and has determined that the improvements are feasible and should be constructed as shown on the attached figures. The engineer's estimate for the proposed improvements is $874,360. Funding is proposed to be through the collection of assessments levied against the benefitting property. The property owner has signed a waiver of public hearing and appeal of assessment (copy attached). Therefore, no public hearing is required . OPTIONS: 1. Return to staff for further review. t90 2. Adopt Resolution 95 -1 Receiving Report and Waiver of Public Hearing for the Marshan Lake Condominium Project RECOMMENDATION: OSM recommends that Council adopt option number 2. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 190 RESOLUTION RECEIVING REPORT AND WAIVING PUBLIC HEARING - MARSHAN LAKE CONDOMINIUM PROJECT. WHEREAS, Pursuant to resolution of the Council adopted December 18, 1995, a report has been prepared by OSM, Inc. with reference to the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, and this report was received by the council on December 18, 1995. WHEREAS, the property owner has waived his right to a public hearing and appeal of assessment. WHEREAS, the property owner waive the sixty (60) day waiting period provided in section 8.06 of the Lino Lakes City Charter. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such area in accordance with the report and the assessment of the beneficiary property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino Lakes City Charter, at an estimated cost of $874,360. Adopted by the Lino Lakes City Council this 18th day of December, 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 duly passed and adopted. AGENDA ITEM 6G ORIGINATOR: Tim Murphy, OSM, Inc. DATE: December 15, 1995 TOPIC: Marshan Lake Condominiums Order Improvements and Preparation of Plans and Specifications BACKGROUND: Pursuant to Minnesota Statute, Chapter 429, and Chapter 8 of the Lino Lakes Charter, Council received the report studying the proposed street and utility improvements to the Marshan Lake Condominium project area. The property owner has signed a waiver of public hearing and appeal of assessment, and a waiver of the sixty (60) day waiting period to order the project. Therefore, the council may order the improvements at this time. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution 95 -I Ordering Improvements and Preparation of Plans and Specifications for the Marshan Lake Condominium Project RECOMMENDATION: OSM recommends that Council adopt option number 2. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 191 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS - MARSHAN LAKE CONDOMINIUM PROJECT. WHEREAS, Pursuant to resolution of the Council adopted December 18, 1995, a report has been prepared by OSM, Inc. with reference to the improvement of the area at the northeast corner of Lake Drive and Aqua Lane by constructing streets, storm sewer, sanitary sewer, water mains and services, and this report was received by the council on December 18, 1995. WHEREAS, the property owner has waived his right to a public hearing and appeal of assessment. WHEREAS, the property owner waive the sixty (60) day waiting period provided in section 8.06 of the Lino Lakes City Charter. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the council resolution adopted the 18th day of December, 1995. 2. Plans and specifications are hereby ordered to be prepared by OSM, Inc. for such improvements pursuant to council resolution. Adopted by the Lino Lakes City Council this 18th day of December, 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 duly passed and adopted. AGENDA ITEM 6H ORIGINATOR: Tim Murphy, OSM, Inc. DATE: December 15, 1995 TOPIC: Approve Plans and Specifications and Authorize Advertisement to Receive Bids Street and Utility Improvements Marshan Lake Condominiums BACKGROUND The Lino Lakes City Council ordered the preparation of plans and specifications for the street and utility improvements associated with the Marshan Lake Condominium project. The plans and specifications are based on a feasibility report received by the City Council on December 18, 1995. The plans and specifications have been completed by the City's engineering consultant. The bid opening has been scheduled for January 11, 1996. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 95 - ; q 2 approving the plans and specifications and authorizing the advertisement to receive bids. RECOMMENDATION: OSM recommends to Council to adopt option number 2. H:15521.10CIVlLVLY)RRES%RES Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 192 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT TO RECEIVE BIDS. WHEREAS,pursuant to resolution of the Council adopted December 18, 1995, plans and specifications have been prepared by OSM & Associates, Inc., detailing the proposed street and utility improvements associated with the Marshan Lake Condominium project. A feasibility report on the proposed improvements was received by the Council on December 18, 1995. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council approved the plans and specifications for the proposed improvements based on staff recommendations. The estimated project cost is $874,360. 2. The Council authorizes the advertisement to receive bids for the proposed improvements. Bids are to be received on January 11, 1996 at 10:00 a.m. Adopted by the City Council this 18th day of December, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. HA5521.10\CI V IIJCORRESIRES AGENDA ITEM 61 STAFF ORIGINATOR: David Ahrens, Public Works Director DATE: 12/15/95 TOPIC: Declare Adequacy of Petition and Order Preparation of Report - Pheasant Hills 7th Addition BACKGROUND: The owners of property (Ed & Dori Vaughan) shown on the attached map have petitioned the City to construct street, storm sewer, sanitary sewer, and watermain for the Pheasant Hills 7th Addition. This parcel received Council preliminary plat approval in 1991. Council action is required to declare the petition adequate and order preparation of a report. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 95-196 Declaring Adequacy of Petition and Order Preparation of Report RECOMMENDATION: Staff recommends that Council adopt option number 2. IMPROVEMENT PETITIGI•I WE, THE t_TNDI ERSIGNED; LINO LAKES PROPERTY OWNERS, DO HEREBY PETMON THE CITY OF LINO LAKES TO CONSTRUCT STREETS, CURB & GUTTER,1STORM SEWER SYSTEMS, WATER SUPPLY SYSTEMS, AND SANTTARy SEWER SYS fEMS FOR THE PROPERTY LISTED BELOW IN ACCORDANCE WITH THE PROVISIONS OF THE LINO LAKES CITY CHARTER AND CHAPTER 429 OF N SOTA STATUTES. WE ALSO REQUEST THAT THE CITY OF LINO LAKES WAIVE FIFTY(50) OF THE SIKIIY(60) DAY WAITING PERIOD AS PROVIDED IN SECTION 8.06 OF THE LINO LAKES CITY CHARTER. OWNER ADDRES S ( 3 c PROPERTY DESCRIPTION .(7 /, • Post -it' Fax Note 7671 Date 1 •l # ot p. • pages To t 4 Ito. From Co./Oept. Co. PrIone # Phone * F # Z16, 2 - .:),8.)a. Fax TOTAL P. OLITLOI E ,`f1f.13:.t,.` r rittitt S / 1 `' ( 6."4,i,, .8, , I,l : ; u Ifs 14 =lt :a'r.W .I:n 1 ...a et tt �a �......... l ��in' J }1 F1q t L t ,�� :t;',\\ ,. t t^T fes----'-- -_ . .-; Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 196 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER PREPARATION OF REPORT FOR PHEASANT HILLS 7TH ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of by constructing streets, curb & gutter, storm sewer, water supply systems, and sanitary sewer systems, filed with the Council on December 18, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is make in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 18th day of December, 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 duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer AG NO. 7A STAFF ORIGINATOR: Randy Schumacher DATE December 12, 1995 TOPIC: Adopting the 1996 final General Fund Budget and the Water and Sewer Fund budgets. Pursuant to State Statute, -a final 1996 General Fund revenue and expenditure budget must be adopted. Also, per the 1994 utility' rate study, 1996 Sewer Revenue/Expend'tt re budget and a 1996 Water Revenue/Expenditure budget should be adopted. Adopt R Rej 'on 95-183. ofution as presented. Option 1 - Approve Resolution 95-183 Council member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-183 RESOLUTION ADOPTING THE FINAL 1996 GENERAL OPERATING BUDGET AND THE SEWER AND WATER BUDGETS FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting General Fund revenues and expenditures for the upcoming fiscal year and, WHEREAS, Based on a utility rate study, the 1996 Sewer and Water Fund budget has been established by the Engineering department and should be adopted through resolution. NOW THEREFORE BE IT RESOLVED: That the following General Fund operating budget be adopted on a final basis for 1996: 1996 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $2,328,302 Intergovernmental Revenue 740,034 Business Licenses and Permits 17,242 Non -Business Licenses and Permits 384,890 Charges for Services 28,100 Refunds and Reimbursements 62,500 Franchise Fees 60,900 Public Safety 64,080 Municipal Fines 90,000 Interest on Investments 50,000 Engineering/Planning Fees 90,000 Administrative Fees 138,000 Miscellaneous 30,500 TOTAL FINAL GENERAL FUND REVENUES $4,084,548 EXPENDITURES: Mayor and Council 56,085 Elections 10,440 Administration 276,255 Cable TV 5,770 Finance 212,280 Legal Consultants 112,000 Economic Development 136,480 Engineering/Planning 263,695 Planning and Zoning Board 9,190 Govemment Buildings 191,725 Charter Commission 4,250 Police 1,029,450 Fire 270,000 Building Inspections 126,910 Streets 522,953 Solid Waste Abatement 58,560 Page 2 Expenditures Continued Fleet Management 156,667 Parks 300,305 Recreation 100,490 Park Board 6,005 Forestry 99,983 Salary Reserve 87,200 Reserves 47,855 TOTAL FINAL GENERAL FUND EXPENDITURES $4,084,548 LET IT BE FURTHER RESOLVED: That the following Sewer and Water Budgets be adopted for 1996: 1996 SEWER FUND BUDGET Sewer Revenue Budget Sewer Expenditure Budget 1996 WATER FUND BUDGET Water Revenue Budget Water Expenditure Budget Adopted by the Lino Lakes City Council this 18th day of December 1995. Marilyn G. Anderson, Clerk -Treasurer $ 500,000 $ 431,842 $ 446,976 $ 178,857 Vemon F. Reinert -Mayor 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: Where upon said resolution was declared duly passed and adopted: STAFF ORIGINATOR: Randy Schumacher DATE December 12, 1995 TOPIC: Certification of the final 1995 Tax Levy, collectable in 1996. Pursuant to State Statute, a final a final 1995, collectable 1996 tax levy must be adopted. This levy includes the total of the General Operating levy, the Certificate of Indebtedness levies, and the Public Project Revenue Bond levy. In September, the Council set the proposed levy at $3,040,000. The Council has decided to certify this amount to Anoka County. Levy amount certified to Anoka County Less: HACA Total certified to Anoka County Adopt Resolution 95-184. Reject the resolution as presented. ve Resolution 95-184 $3,040,000 (415,957) $2,624,043 Council member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-184 RESOLUTION CERTIFYING THE FINAL 1995 TAX LEVY, COLLECTABLE IN 1996. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1996, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds, and WHEREAS, the City of Lino Lakes is not restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a proposed basis the following upon taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1995 to be spread for taxes due and payable in the year 1996 (including HACA) is the total sum of $3,040,000. 2. The total amount above levied is for the following purposes: GENERAL OPERATING $2,685,794 General Bonded Debt Public Project Revenue Bonds 104,055 Equipment Certificates of 1992 54,679 Equipment Certificates of 1994 82,688 Equipment Certificates of 1995 112,784 Total General Obligation Bonded Debt $ 354,206 TOTAL LEVIES $3,040,000 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and special levies for Equipment Certificates and the Public Project Revenue Bonds as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action. LET IT BE FURTHER RESOLVED that the total levy will be certified to the County of Anoka less the certified amount of Homestead and Agriculture Credit Aid (HACA) for payable 1996. Total Levy $3,040,000 Less Total HACA (415,957) Total Levy Tess HACA $2,624,043 Page 2 Adopted by the Lino Lakes City Council this 18th day of December, 1995. Vemon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: AGENDA ITEM NO. 7c STAFF ORIGINATOR: Randy Schumacher DATE: December 12, 1995 TOPIC: Authorization for transfer of funds from Tax Increment 1-1 and Tax Increment 1-2 to the Area and Unit Fund. The West Central Trunk sewer project was completed in the late 1980s serving the areas of Rice Lake Estates and Sunrise Meadows. Because of charter restrictions, a bulk of the project was financed with area and unit charges. As this is a qualifying expense under State Statute T.I.F. laws, the City is requesting authorization to pay back the Area and Unit Fund. 1 Adopt Resolution 95-185. 2. Reject the resolution as presented. EC MMEN A -I N Option 1 - Approve Resolution 95-185 Council member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-185 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM TAX INCREMENT DISTRICT 1-1 AND TAX INCREMENT DISTRICT 1-2 TO THE AREA AND UNIT FUND WHEREAS, the City installed the West Central trunk sewer main in the late 1980s, and WHEREAS, this trunk sewer main served the subdivisions of Rice Lake Estates and Sunrise Meadows, and WHEREAS, Rice Lake Estates is in T.I.F. District 1-1 and Sunrise Meadows is in District 1-2, and WHEREAS, The Area and Unit fund financed much of this project because of charter requirements. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes authorize the following transfer. Area and Unit Fund (406) Tax Increment 1-1 (407) Tax Increment 1-2 (408) INCREASE $1,609,687 Adopted by the Lino Lakes City Council this 18th day of December, 1995. DECREASE ($1,097,491) ( 512,196) Vemon 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: Where upon said resolution was declared duly passed and adopted: AGENDA ITEM NO. 8 STAFF ORIGINATOR Randy Schumacher, City Administrator DATE 13 December 1995 TOPIC Pay Program In 1995, the Lino Lakes City Council adopted a Pay Program which, per State Statute listed employees, job value points and minimum and maximum salaries for employees. This program was adopted for the following reasons: -Pay Equity Requirements -All other employee groups (49ers, Teamsters, and LLMA) already had step pay programs. The three existing pay programs were incorporated into the overall Pay Program. -Allows for equitable compensation administration. -Existing employees, as well as new hires know what to expect in terms of salary potential. The Council has already adopted a cost of living adjustment to the Pay Program for the 49ers and LLMA of 3%. I would recommend the Council approve a 3% cost of living (c.o.l.a.) adjustment for non-union employees. In addition, I would recommend non-union employees receiving satisfactory performance reviews advance to their next step in the pay program. This would keep them in line with LLMA employees (contract states upward movement given satisfactory performance) as well as Teamsters and 49ers (upward movement is automatic). Approve 3% cost of living and step advancement for employees with satisfactory performance evaluations. 2. Consider another figure other than 3% cost of living. STAFF ORII DATE TOPIC ATOR Randy Schumacher, City Administrator 15 December 1995 City Administrator Compensation for 1996 At their October 14th work session, the City Council reviewed the 1995 goals and accomplishments of the City/City Administrator. The areas included: Finance Community Development Personnel Labor Relations Community Projects Communications The Council also went through the feedback report +an 'the Assessment of Leadership Practices that I participated in this year. That the City Administrator proceed to the next step in the City's Program given a satisfatory Evaluation. That the City Administrator's performance was unsatisfactory and progression to the next step be denied. Council Perogative 4t' STAFF ORIGINATOR DATE TOPIC' VA Goo 0.9.1 0 AGENDA ITEM 9 A Mary Kay Wyland December 15, 1995 'Livable Communities - 1 Year Housing Goals At the December 11, 1995 City Council meeting, the Council tabled the Livable Communities Program Goals. Since that time Metropolitan Council Staff have advised us that a one-year goal would be acceptable and could be revised at the City's discretion. A suggested time -frame for this revision would be November of 1996 when Lino Lakes will again be asked for confirmation of our interested in continuing participation in the Livable Communities Program. Staff would recommend the following goals whichmirror current development trends based on 1995 building permits issued and anticipated development through 1996. City Index Benchmark Goal Affordability Ownership Rental 68% 23% 68%-69% 35%-48% 60% - e3/U Life -Cycle Type (Non -single family detached) 5% 35%-36% 3 Owner/renter Mix 96/4% 64-75/25-36% 90/10 Density /, Yt Single -Family Detached 1.0/acre 1.8-1.9/acre Iv Multifamily 0/acre 10-12/acre 5/acre Affordability/Ownership assumes current growth/building rates through the end of 1996 to come up with a goal of 60%. Affordability/rental used the Metropolitan Council benchmark of 35%. The Willow Ponds Senior Project will increase the City's current index of 23%. Life-Cycle/Non-single family detached will increase due to the Senior Project, Wenzel Farm Townhomes, and the Marshan Condo's. The Metropolitan Council benchmark was used as a goal. Life-Cycle/Owner/renter Mix, again the Willow Ponds Senior Project will raise this index, therefore an estimate was made at 90/10%. Density/Single Family Detached goal was left at 1.8 units per acre which is the current development trend in the City based on recent subdivisions. Density/Multifamily goal was estimated at 5 units/acre based on the existing Senior Project and Wenzel Townhomes and the proposed Marshan Condominium development and development of the R-3 Site on Apollo Drive. ................................. OPTIONS 1. Adopt Revised Goals subject to review in one year. 2. Adopt a variation of revised goals subject to review in one year. RECOMMENDATION'; 1. Council Decision Single Family Homes that Meet the Affordability Index Homes Built Homes Built Homes Built Per Year Per Year that from 1994 to are Affordable 1996 Homes Built from Existing homes 1994 to 1996 that as of the end are Affordable of 1994 Existing homes Existing affordable as of the end homes as of the of 1996 end of 1994 Existing affordable Percentage of homes as of the Affordable end of 1996 Homes 235470 L\ + 3272 - 3742 60%' \k\\\\\\\\e\ \\\\\\\ \�\ + \\\\\\\\\\ s ll\ \ v\ Development Multifamily Densities Number of Units Site Acres Density Willow Ponds (Senior Cottages) Wenzel Farms Marshan Condominiums Apollo Meadows Area (possible site) 48 9.1 5.3 75 21 3.6 139 25.5 5.5 40 5 8.0 TOTAL 302 60.6 5.0