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09/23/1995 Council Packet
AGENDA CITY OF LINO LAKES Monday September 23, 1995 6:30 P.M. - Call to Order and Roll Call SCANNED - Setting the Agenda: Are There Any Items to be Added or Deleted from the Agenda? 1. Open Mike 2. Consideration of Minutes: 666 lk Regular Council Minutes, August 14, 1995 3. Consideration of Disbursements: September 25, 1995 C. Centennial Fire District 4. Planning and Zoning Board Report, Mary Kay Wyland Site Plan Review, Dairy Queen, 7960 Lake Drive (95-25-S) Move House into City, Carl Buechller, 6974 Lake Drive. ,QteO WI (95-26-S) io 3C Resolution No. 95 - 125 Electing to Participate in the Local Incentives Account Program Under the Metropolitan -- Livable Communities Act Consideration of Resolution No. 95 - 129 Setting a Public Hearing to Establish a City Housing and Redevelopment Authority. Consideration of Accepting Easements for Drainage, eP Utility and Roadway Purposes on Marshan Lane 5. Consideration of a Transfer and Indemnification Agreement with the Friends of the Parks Foundation, Marty Asleson fry cc,s" ob. 6. Consideration of Resolution No. 95 - 130 Supporting A County- AGENDA Wide Curfew Ordinance, Chief Pecchia \ \� 7. Consideration of a Permanent Replacement for Police Secretary, Chief Pecchia 8. City Engineer's Report, David Ahrens A. Consideration of Resolution No. 95 - 126 Accepting Bids for the Trapper's Crossing Improvement, Steve Heth B. Consideration of Resolution No. 95 - 127 Approving Plans and Specifications and Ordering Advertisement for Bids, Well No. 4 Pumphouse (Clearwater Creek) C. Consideration of Individual Sewage Treatment System Code Revision, Resolution No. 95 - 128 9. SECOND READING, Ordinance No. 16 - 95 Authorizing the Sale of City Property in the Apollo Business Park to Bill Fogerty and Custom Remodelers, Brian Wessel 10. Consideration of Renewal of Hot Air Balloon Contract, Brian Wessel 11. Consideration of Resolutions Declaring Costs to Be Assessed and Preparation of Proposed Assessments, Marilyn Anderson A. Resolution No. 95 - 112, Pine Ridge, 3rd Addition B. Resolution No. 95 - 113, Pheasant Hills Preserve, 6th Addition C. Resolution No. 95 - 114, Country Lakes Estates, Plat 2 D. Resolution No. 95 - 115, Oaks of Lino E. Resolution No. 95 - 116, Wenzel Farms, 5th Addition F. Resolution No. 95 - 117, Woods of Baldwin Lake, 2nd Addition 12. Consideration of Resolution Setting Public Hearing on Proposed Assessment, Marilyn Anderson A. Resolution No. 95 - 118, Pine Ridge, 3rd Addition B. Resolution No. 95 - 119, Pheasant Hills Preserve, 6th Addition PAGE 2 AGENDA C. Resolution No. 95 - 120, Country Lakes Estates, Plat 2 D. Resolution No. 95 - 121, Oaks of Lino E. Resolution No. 95 - 122, Wenzel Farms, 5th Addition F. Resolution No. 95 - 123, Woods of Baldwin Lake, 2nd Addition 13. Consideration of Resolution No. 95 - 124 Setting a Public Hearing on Proposed Delinquent Sewer and Water Quarterly Utility Bills, Marilyn Anderson 14. Old Business 15. New Business A. REMINDER, League of Minnesota Cities Regional Meeting, Thursday, September 28, 1995 16. Adjourn 9/22/95, 2:30 P.M. PAGE 3 COUNCIL MINUTES AUGUST 14, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : August 14, 1995 6:00 P.M. . 9:40 P.M. : Bergeson, Elliott, Kuether, Neal, Reinert : None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Consulting Engineer, Steve Heth; Planning Coordinator, Mary Kay Wyland; Assistant to the City Administrator, Dan Tesch; Chief of Police, David Pecchia; 20/20 Vision Coordinator, Kim Sullivan, Parks and Recreation Director, Marty Asleson; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM Consideration of Minutes: Regular Council Meeting, July 23, 1995 Approved Closed Council Meeting, May 22, 1995 Approved REGULAR AGENDA DISPOSITION OPEN MIKE Kim Sullivan, 20/20 Coordinator - Ms. Sullivan explained that the 20/20 Vision summary is now available at City Hall. The summaries will be mailed to the public around the first of September with the newsletter. The complete document will be available at cost at the City Hall after the 28th of August. The complete document will be presented PAGE 1 COUNCIL MINUTES AUGUST 14, 1995 to the City Council on that date. Ms. Sullivan explained that the 20/20 Vision group leaders will attend the City Council on that evening to present the final document. Mayor Reinert and the Council thanked Ms. Sullivan for her presentation. CONSIDERATION OF DISBURSEMENTS July 31, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. August 14, 1995 - Council Member Bergeson moved to approve these disbursements as presented. Council Member Kuether seconded the motion. Council Member Neal questioned the amount of money paid to Sweeny Brothers Tractor for parts. Action on this matter was delayed until Mr. Schumacher was available to answer the question. Centennial Fire District - Council Member Elliott moved to approved these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF THE NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION (NCSCCC) 1996 OPERATIVE BUDGET, DAN TESCH Mr. Tesch explained that each year the proposed budget for the Cable Commission for the following year is brought to the City Council for their consideration. The 1996 proposed budget is $174,491.00 which is an eight (8) percent decrease from 1995. The decrease is a result of some of the decisions made by the NCSCCC such as becoming a non-profit organization that will eventually assume cable access. Mr. Tesch explained that Lino Lakes will be receiving approximately $18,000.00 in franchise fees in 1996. There were no questions from the City Council. Mr. Tesch explained that this item was for informational purposes and did not require City Council action. Consideration of Resolution No. 95 - 101 Authorizing the North Central Suburban Cable Communications Commission (NCSCCC) to Enter Into a Memorandum of Understanding with Meredith Cable - Mr. Tesch explained that this resolution requests the NCSCCC cable commission to prepared the necessary cable franchisee ordinance amendments to cause transfer of community programming from Meredith Cable to the NCSCCC. Terms of the transfer include: 1. $300,000.00 grant to NCSCCC for operating expenses. 2. Assignment of current real-estate and equipment to NCSCCC. 3. A guarantee of 15 years of community programming (past the life of the franchise agreement). PAGE 2 COUNCIL MINUTES AUGUST 14, 1995 4. On or before January 1, 1996, all subscribers and non -subscribers whose dwelling unit is passed by cable plant, shall receive free Public, Educational and Governmental service. Mr. Tesch explained that approval of the resolution will allow him to vote "yes" on the Memorandum of Understanding. He noted that five (5) cities have already voted in the affirmative on this matter. The Memorandum of Understanding will also allow the Commission to take over public education and government access and establish the NCSCCC as a non-profit group. The feeling is that NCSCCC can operate these cable functions better than Meredith Cable. Any home owner that has cable TV available to their home but do not subscribe to Cable TV, will be contacted and if they wish, they will get free government access channels. Mr. Tesch also explained that although the franchise itself will expire in two (2) years, this Agreement will guarantee community programming for 15 years beyond the life of the franchise agreement. Council Member Elliott moved to approve Resolution No. 95 - 101 as described above. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution NO. 95 - 101 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Minor Subdivision, Centennial School District, Elm Street - Centennial School District No. 12 is in the process of preparing a bond issue for the construction of a new middle school on property owned by the School District north of Elm Street. In planning for the proposed construction, it was determined that additional property should be added to the school district site to facilitate the proposed construction. This additional property consisted of approximately the north half of five (5) residential sites along Elm Street. The site are outlined on a preliminary survey presented by the School District. A minor subdivision is required to facilitate the sale of the properties to the School District. The pieces to be subdivided are as follows: Parcel A consists of the north 145 by 247.39 feet of the Thoeny property at 221 Elm Street. Some outbuildings on this parcel are located approximately 350 feet from Elm Street, therefore, only the north 145 feet is being split from this parcel. Parcel C consists of the north 290.50 feet by 308.56 feet of the Walter property at 231 Elm Street. Parcel E consists of the north 290.50 feet by 216 feet of the Milam property at 261 Elrn Street. PAGE 3 COUNCIL MINUTES AUGUST 14, 1995 Parcel G consists of the north 290.50 feet by 251 feet of the Matushak property at 291 Elm Street. This parcel of property is a separate lot of record and does not need to be subdivided to facilitate the sale. It is being mentioned now for informational purposes only. The School District is working with Mr. and Mrs. Allie at 351 Elm Street to purchase their entire site. If a satisfactory agreement cannot be reached, the School District has indicated they will initiate condemnation proceedings to acquire the site which is critical to their proposed expansion plans. The property to be subdivided is zoned Single Family Residential (R-1) and indicated as single family residential on the 1990 Lino Lakes Land Use Map. The property owned by the School District is zoned Public/Semi-Public (PSP) and adjoins the parcels to be subdivided. At some time in the future, should the bond issue be approved, the School District will be required to rezone the newly acquired parcels and obtain a conditional use permit to allow the construction of the new school. Feasibility studies are currently in process addressing traffic, sewer, water, roadway and assessment issues as they pertain to the School District site. Utilities will be available to service the new school building, however, they may not be available for the properties along Elm Street. These properties do contain adequate space for alternate on-site systems should the existing systems fail. The smallest lot created from this proposed subdivision will be 264 feet deep by 100 feet wide. This is slightly larger than four (4) existing parcels in the immediate vicinity that are 208.56 feet by 100 feet wide. The Planning and Zoning Board reviewed this request on August 9, 1995 and approved the minor subdivision request for parcels A, B, C, D and E with the following conditions: 1. The narrow strip of property to the east on Parcel B should be added to the parcel directly south of it to avoid confusion should the piece be split at a future date. These lots are currently two (2) separate parcels of record owned by Mr. Thoeny. 2. The Park Dedication fee shall be waived on this minor subdivision. The Planning and Zoning Board and staff feel justified in waiving this requirement as the School District will be providing athletic fields in conjunction with the school construction. Also, the Park Dedication ordinance does not specifically address PSP zoned property at this time. 3. This subdivision creates lots without public street frontage and as such approval of this minor subdivision should be contingent on Parcels A, C, E, and G being combined with the balance of the School District property. A revised survey should be provided that illustrates the new School District boundaries to be recorded with the County. PAGE 4 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether asked if there is a requirement that when property is subdivided and not hooked to the sewer and water utilities, the remainder of the original parcel be connected to sewer and water if the remainder is less than one (1) acre. Ms. Wyland explain that there is no sewer that runs along Elm Street at this time. Also, there are properties in the immediate area that are smaller than those being created with this subdivision. In addition, the City does not have an ordinance that requires that the remainder of a parcel being subdivided to be one (1) acre or more. Council Member Kuether explained that her concern is that the City would be creating smaller lots that are on well and septic. Ms. Wyland explained that there is adequate property on which to construct a new sewer system or municipal utilities could be extended to serve these properties. Municipal water is currently available on the south side of Elm Street. Sanitary sewer is in the vicinity and would be made available to these properties. Mr. Powell noted that in the past when such subdivisions were approved, the seller has agreed in writing to not petition agains the utility project as it proceeds abutting the property. However, this has not been made a condition of this subdivision. Mayor Reinert noted that when the lots were split along Rice Lake Lane, the balance of these lots was less than one (1) acre. Approval of this subdivision request should be handled in the same manner. Mr. Powell explained that when the lots were subdivided along Rice Lake Lane making the remaining portion of the lot less than one (1) acre, sewer and water services were not available and the owners were not required to sign an agreement not to petition against the extension of a utility project. He noted that the City already has an ordinance requiring connection to municipal services if the well or septic fails. Council Member Kuether asked how can parcels of one zoning be attached to parcels of another zoning. Ms. Wyland explained that there are other instances in the City where a parcel is zoned something on one (1) side and something else on another side. A condition of this subdivision is that before the school is constructed, all the property is to be rezoned to PSP with a conditional use permit. The purpose of requiring these lots to be combined immediately with the School District property is to avoid creating small lots of record that are landlocked in event that the School District bond issue fails. Ms. Wyland said originally the School District was going to purchase another parcel of land zoned Light Industrial and combine it with their parcel. Staff suggested that the School District purchase the residential land that is being addressed this evening and leave the Light Industrial zoned property for future industrial use. The sale of the property to the School District is not subject to approval of the bond issue but is subject to subdivision approval. After the subdivision is approved, the parcels must be combined with the School District's parcel. Then the entire parcel must be zoned PSP before the site plan can be approved. Council Member Elliott moved to approve the subdivision subject to the conditions outlined by the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 5 COUNCIL MINUTES AUGUST 14, 1995 Animal Ordinance Revision - Ms. Wyland explained that the Planning and Zoning Board had set a tentative neighborhood meeting to review the animal ordinance for August 22, 1995. This meeting has been postponed until September 5, 1995. A notice will be placed in the legal newspaper on two (2) consecutive weeks. This is not a public hearing, but is a meeting to discuss possible revisions to the present ordinance. The proposed animal ordinance will address all domestic animals. DISBURSEMENTS August 14, 1995 - Earlier in this meeting Council Member Neal had asked about a disbursement to Sweeny Brothers Tractor for $11,586.00. Mr. Schumacher explained that this disbursement was for repair on the motor grader and for replacing the blade. He noted that this piece of equipment is old and is used for grading the gravel streets in this City. It is hoped that this piece of equipment will hold up for three (3) or four (4) more years. Leasing another piece of equipment or contracting out the grading was considered. Repairing the motor grader was the best option. This piece of equipment is not used enough to justify the cost of a new motor grader. The motion introduced by Council Member Bergeson and seconded by Council Member Kuether was approved unanimously. CONSIDERATION OF HIRING MR. TODD SCHMATZ AND MR. WILLIAM KOCH AS LINO LAKES POLICE OFFICERS, CHIEF PECCHIA Chief Pecchia explained that the Police Department is preparing to fill the existing positions in the Police Department by hiring Todd Schmatz and William Koch. Mr. Schmatz was raised on a farm near Princeton, Minnesota and is very involved in horseback riding. He is also a volunteer horseback riding trainer for youth. Most recently Mr. Schmatz has been employed by the Crystal Police Department as a Community Service Officer. In addition, he was employed by the Anoka County Parks Department as a Park Ranger Supervisor. Mr. Schmatz's educational experience includes a B. A. Degree from St. Cloud State University and graduation from the Skills Course at Alexandra Technical College. Mr. Koch was raised is Spring Lake Park. He was hired as a Reserve Office for the Blaine Police Department and has put in 600 hours of volunteer work from May, 1991 to March, 1992. In March of 1993, Mr. Koch 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, Mr. Koch completed an internship at the Spring Lake Park Police Department. He 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.A. S. Degree from North Hennepin Community College and graduation from the Skills Course through the Minneapolis Community College. PAGE 6 COUNCIL MINUTES AUGUST 14, 1995 Chief Pecchia explained that Mr. Schmatz will be hired about August 21, 1995 and Mr. Koch will be hired about September 5, 1995. He asked the City Council to confirm the hiring of Todd Schmatz and William Koch. Council Member Neal moved to confirm the hiring of Todd Schmatz and William Koch. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 09 - 95, FIREARMS, CHIEF PECCHIA As a result of several meetings conducted with members of the community, several changes are proposed for the Firearms Ordinance. The changes were prompted by various hunting issues that arose in the community. The proposed draft ordinance would update the current ordinance utilizing pubic safety as the foundation for the proposed changes. As of August 11th the 1995 hunting dates are as follows: Deer Hunting (bow and arrow only) September 16 through December 31st Grouse September 16 through December 31st Pheasant October 14 through December 17th Partridge September 16 through December 31st Rabbits/Squirrels September 16 through February 29th Duck Anticipated to start September 30th Metro Goose Hunt September 2 for 10 days The Anoka County Board of Commissioners has set September 16th through December 31st for deer bow hunting in the Rice Creek Chain of Lakes Park. There is a $5.00 fee for hunting in this area. Hunting regulations in the Park include hunters must be at least 500 feet from private property and 300 feet from trails and roads in the Park. A map was included in the Council packets showing the boundaries of 500 feet and 750 foot radius around both the Rice Lake Elementary School and Lino Elementary School. The changes in the ordinance include: - 504.01 (4) Non -firearm - Bow and arrow was removed from this section. (6) Bow and Arrow - Provided a definition for bow and arrow. (7) - Written Consent - Further defines written consent. - 504.02 (3) This sentence was extended to include, "unless otherwise provided by this section or County Ordinance. (5) Changed shotgun hunting to 750 feet and added school district property and added a sentence stating, "In no event shall said person discharge a shotgun PAGE 7 COUNCIL MINUTES AUGUST 14, 1995 where the projectile or pellets leave the premises upon which said person is authorized to hunt onto some other premises." (6) Relates to bow hunting regulations. Chief Pecchia explained that the added changes will assist the Police Department in the proper enforcement of the ordinance. The ordinances deals with such public safety issues as the "car hit deer" issue, the safety of the community and the perception of fear when they see a hunter within eye sight. By allowing hunting in portions of the City, it is hoped that the deer herd will be reduced. It was noted that the ordinance would become effective October 5, 1995. Council Member Bergeson asked if there would be some confusion by allowing the ordinance to become effective in the middle of a hunting season. Chief Pecchia explained that the Police Department's plan is to educate the hunter about the new ordinance and only take enforcement action in the event that there is a repeat offender. At the same time the Police Department is planning a study on the number of hunting ordinance violations and the type of violations. A report will be made to the City Council so that the ordinance can be reviewed prior to the 1996 hunting season. Mayor Reinert explained that these types of changes are difficult and asked that the Police Officers be patient and take the roll of educator at this point. This ordinance tries to reach the satisfaction level of both hunters and non -hunters. The City Council will review the ordinance following the current hunting season to address any issues that have not been resolved. Mayor Reinert thanked Chief Pecchia for taking the leadership in this matter and all of the citizens who were involved. He asked for patience and support and give the ordinance a chance to work. Mrs. Scharpen, a resident, asked that the maps be printed in the Quad Paper. Council Member Bergeson noted that originally the proposed ordinance contained mention of several areas of the City that were to be added to the no -hunting zone. This portion of the proposed ordinance was deleted. He explained, at some time in the future the City Council will find it necessary to add some areas to the no -hunting zone. He felt that a formula should be developed to implement this process. No -hunting areas should not be determined based solely on the opinion of persons who live in the area. One such criteria could be housing density. A fair way to identify no -hunting areas must be identified which are not related to the people in the areas. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 09 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 8 COUNCIL MINUTES AUGUST 14, 1995 PUBLIC HEARING, TRAPPER'S CROSSING IMPROVEMENT PROJECT Mayor Reinert opened the public hearing at 7:15 P.M. Mr. Steve Heth used the overhead projector for his presentation. Mr. Heth explained that the City Council received the feasibility report for this improvement project at the June 26, 1995 Council meeting. The project is located adjacent to Holly Drive and 12th Avenue between Birch Street and County Road J (Ash Street). The project includes 71 acres and will be developed in phases. The first phase contains 28 residential lots. The second, third and fourth phases will contain 87 additional lots. The property owner (Hokanson Development) has petitioned for the improvements to be installed by the City. The improvements consist of sanitary sewer, municipal water, storm sewer, streets, curbs and gutters. There is an existing trunk sanitary sewer located south of Birch Street. This trunk sewer serves the Brandywood and Pheasant Hill Preserve subdivisions. The sewer truck for Trapper's Crossing would connect to this existing sewer trunk. The municipal trunk watermain in Brandywood Estates was stubbed out to 12th Avenue. A 16 inch watermain would be extended to Trapper's Crossing and six (6) inch service would be extended into the development. The storm sewer plan for this project includes several ponds. Drainage from the ponds will eventually exit to County Ditch #25. The storm sewer would be designed to handle a "five (5) year storm event". Streets within the plat will meet the typical Lino Lakes section which was modified in 1994 to include 24" borrow and draintile. There are no unusual maintenance requirements for the plat. The estimated project cost is $953,780.00 not including engineering or administration costs. A Rice Creek Watershed District permit for filling and mitigating wetlands, a Minnesota Pollution Control Agency permit for extension of sanitary sewer line and a Minnesota Department of Health permit for watermain extension will be required. The developer will pay for extending the sanitary sewer to the plat and a credit will be given for oversizing the pipe. The watermain to be extended south on 12th Avenue will be paid out of the Trunk Area and Unit Fund. About $250,000.00 will be assessed against Trapper's Crossing for future improvements to 12th Avenue and Holly Drive. Surface water management planning in the subdivision will cost approximately $31,000,00. Mr. Heth explained that sewer and water service stubs will be extend to existing lots adjacent to 12th Avenue and Holly Drive. Area and Unit Charges for the subdivision were described. Sewer and watermain service can be extended to the plat consistent with the City's Comprehensive Plan. Streets meeting City Code minimum requirements will be adequate. No additional easements will be required. Estimated assessments including area and unit charges, MSA and surface water management charges total $1,466,654.00. Mr. Heth explained that the project is feasible. He added that the feasibility report should be PAGE 9 COUNCIL MINUTES AUGUST 14, 1995 carefully reviewed by financial and legal advisors. If the project is ordered, it should be constructed as outlined in the feasibility report. Council Neal asked who would pay for reconstruction of 12th Avenue and Holly Drive. Mr. Heth explained that road costs in the feasibility report will only bring the roadway to the current condition. There will be no widening of the street. It will look the same as it does now. Council Member Neal said he had not seen a drainage plan with the retention ponds. Mr. Heth explained that drainage and ponding was considered when the preliminary plat was approved. The ponds are part of the grading plan. Mr. Heth used the overhead projector to show where the retention ponds are to be located. Mr. Powell also explained where a swale and other ponding is to be constructed. Council Member Elliott explained how her street was documented to show the condition of the roadway prior to any construction so that it would be reconstructed to current standards. Mr. Heth noted that 12th Avenue and Holly Drive would be documented in this same manner. Mayor Reinert referred to a previous conversation regarding widening of the roadway. Mr. Powell explained although the costs included in the feasibility report addresses returning the roadway to the current standard, these dollars would be used to reconstruct the street to MSA standards. A feasibility study is currently in process to address making 12th Avenue and Holly Drive a state aid roadway. Chris Lyden, 6275 Holly Drive said that there is a traffic study on the roadway and asked how the costs of upgrading the roadway would be divided. He asked how much would the developer pay. Mr. Powell explained that the cost for the roadway improvement will be considered along with the feasibility study. At this point those costs are not known. Mr. Lyden said although the costs are not known, there must be a formula for determining what costs the developer will be required to pay. Mr. Powell said that there was a traffic study prepared some time ago which indicated what type of roadway would be required for the additional traffic generated by the subdivision. However, costs or how the costs would be shared has not been finalized. Mr. Lyden said that he believed that 60% of the cost would be the responsibility of the developer. Sue Walseth, 1101 Holly Drive said that since the development has started she has been living on an island. She did not realize how much dirt would be would be cut away from her property. A 15 foot vertical drop-off was created on the north side of her fence. Since Friday, it has been filled in slightly. On the east side of her property, a ditch ranging from seven (7) or eight (8) feet to three (3) feet has been created. The banks are not sloped but are a steep drop-off. After the rain there have been washouts and the fence had to be moved closer to the barn . She asked that a retaining wall be placed in this area so that the animals could use this area to get into the barn. Since there is no incline along her property, she felt that her land was going to wash away. Ms. Walseth said that she did not know that there would be a swale along her property. She said she felt that people purchasing these lots would not have much of a lot. Ms. Walseth also noted that according to the plans, her property was to be at the same height as the new road. At this time her property is much lower than the road. She noted that the contour of the entire PAGE 10 COUNCIL MINUTES AUGUST 14, 1995 area has changed and there has been a lot of erosion. There is no silt fence and with the recent rain storms, silt has been accumulating in her ditch and in her culvert. She said there was silt fencing placed in other areas, but the rains have caused them to fall down. Ms. Walseth suggested that there be two (2) or three (3) silt fences in this area. Also there was a silt fence at the bottom of the hill, however, the rain has washed the silt fence away. Silt is going into the wetlands and eventually to County Ditch 23. Ms. Walseth referred to a fence issue. It appears that her pasture fence is nine (9) feet off of her property. She talked to Kirk Corson (the developers representative) on Wednesday, August 9, 1995 and he has suggested that there be no letter writing. He invited Ms. Walseth and several other people for lunch to seriously discuss the development. Two (2) days following this discussion, Ms. Walseth received a letter in the mail threatening a lawsuit for trespassing in regard to the fence line. She said she would like to take the issue of the fence line to court, however it would cost at least $3,000.00 and she did not have the money. She will now have to give nine (9) feet of her property to the developer. Ms. Walseth said she did not appreciate friendly talk and then threatening a lawsuit two (2) days later. Ms. Walseth read from the minutes of the August 22, 1994 Council meeting quoting Mr. Brixius and Council Member Elliott; "As part of the PDO an appropriate solution to the existing property owners animals, is that the purchasing parties of Hokanson's Development be made aware of the hobby farm next door and its continuing use as such". She asked that this statement be included in the development contract because she has no control if her peacocks or other animals make noise. She did not want the new neighbors petitioning against her hobby farm use. Ms. Walseth thanked Council Member Neal for coming and viewing her situation. Mayor Reinert asked if the grading is completed for this development. Mr. Corson said no it is not and some of the grading has washed out. Mr. Corson said he doubted that there was a 15 foot vertical drop at the back of Ms. Walseth's property. There was a big washout over the weekend. The swale will be regraded and silt fencing will be replace. Mr. Corson also noted that often when grading, poor soils will be removed and appropriate soils will be brought back in. There will be several sites where good soil with good compaction characteristics will be brought in for house pads. When the grading is finished, there will be a three (3) to one (1) slope in the area back of Ms. Walseth's property. Mr. Corson explained that the silt fence was washed out in several places. The silt fencing was replaced today. The grading contractor said that silt fencing would be placed along Holly Drive to prevent silting in the ditch and culvert. He said that he visited the site this afternoon and where there was runoff, backhoes were bringing the silt material back on site. If there is any fill dirt in the ditch along Holly Drive, the dirt will be removed. The PAGE 11 COUNCIL MINUTES AUGUST 14, 1995 grading contractor has been very responsive and Mr. Corson was sure that these items will be addressed. Mr. Corson referred to the letter written by the attorney for Hokansons Development and explained that although there has been an exchange of concerns, the development must move ahead because there is a lot of equipment on the site costing Hokanson thousands of dollars each day. The fence had to be moved expediently. Since there was no conclusion after he and Ms. Walseth talked, he was not surprised that the letter had been sent by the attorney. Mr. Corson also said that Mr. Hokanson would be participating in mediating on this matter. He said that Mr. Hokanson is willing to work out a solution, however, the solution may not be exactly what Ms. Walseth wants or what Mr. Hokanson wants. Mayor Reinert noted the purpose for silt fencing and also noted the unusually heavy rains this summer. He asked if additional support could be placed on the fencing in this area to control runoff. Mr. Corson said that the area where the fencing washed out will be double fenced. Within several days, the grading should be completed and the swale in place. This area will collect sediment. The area will be double fenced until the swale is complete. He also noted that there will be a gradual grade from the Walseth property. Mr. Corson explained that the fence was not properly located on the Walseth property prior to the Walseth's purchasing the property. This led the Walseths to believe that they had more land than they actually had. Mayor Reinert explained that this is a civil matter and the City cannot be responsible for the fence. Council Member Elliott said she felt the silt fence should have been 100 percent in place before any dirt was moved. She also said that this fence should be maintained daily. Council Member Elliott also noted that when the project is completed the fence should be removed. Mr. Powell explained that silt fence is left up until the vegetation is strong enough to keep the soil from eroding. Council Member Elliott asked about the Trapper's Crossing, Landscaping Agreement that was included in the Council packets. Mr. Corson explained that this agreement was arrived at during a meeting at the Walseth home. He explained that Hokanson Development is willing to comply with the agreement. However another version of the agreement prepared by Ms. Walseth is not what was agreed upon. The version in the Council packet is not what was agreed on and that is why mediation is needed. Caroline Dahl, 1101 Holly Court substantiated what Ms. Walseth said. She has taken pictures of the soil erosion to document what is happening. Ms. Dahl explained that the ditch is overflowing and is filled with dirt. There was no silt fencing in this area. She was under the impression that silt fencing had to be in place before any grading was done. Ms. Dahl also noted that there was no silt fencing in the area of the 15 foot drop-off which washed away. She said that the excavating company was working in the rain so they cannot say that they did not know the rain was coming. Ms. Dahl felt that the area where the horses are is dangerous and could wash away. PAGE 12 COUNCIL MINUTES AUGUST 14, 1995 Mr. Corson said that this area will be completed this week and there will be no drop-off. He also noted that he was at the site today and the ditch is still full of water. He did not notice if the culvert was plugged. If it is plugged, it will be unplugged. Mr. Powell clarified that there is a 15 foot drop where the pond is north of the property. The slope will be graded in. Al DeMotts, 6265 Holly Drive asked about the figure of $250,000.00 for reconstruction of Holly Drive. Is this just for the 28 lots of the first phase or is it for all 115 lots. Mr. Heth explained that this is for the entire development. Mr. Powell explained that there will be a public hearing on the upgrading of 12th Avenue and Holly Drive and these issued can be discussed in detail. Council Member Elliott moved to close the public hearing at 7:50 P.M. Council Member Neal seconded the motion. Motion carried unanimously. The public hearing is for information and no Council action is required at this time. PUBLIC HEARING, CLEARWATER CREEK IMPROVEMENT PROJECT, JOHN POWELL Mayor Reinert opened the public hearing at 7:50 P.M. Mr. Powell used the overhead projector and showed the location of this project. He explained that the Clearwater Creek feasibility study was submitted to the City Council previously. Mr. Powell said that he would provide details of the subdivision as well as an overview of the area. The subdivision is located generally southeast of the intersection of I35E and County Road 14 (Main Street). The utilities that are being installed to initially serve this subdivision will also serve the commercial and industrial development in the area on both the east and west side of135E. The commercial development under consideration by Mr. Wessel, Community Development Director, is consistent with some of the results of the 20/20 Vision effort which is to develop a broader tax base. The Clearwater Creek subdivision provides the necessary utility service for development in the area. The changes from the original preliminary plat include phasing the development. The first phase will be constructed this fall. A cul-de-sac that was proposed through the wetlands has been eliminated because it became impractical to construct. The ponding areas were outlined by Mr. Powell. He also noted the location of the sanitary sewer lift station. The lift station will be constructed to serve the entire area and will connect to the existing force main near Cedar Street. Well No. 4 will be located at the corner of Cedar Street and Clearwater Creek Drive. The culvert that will convey the Clearwater Creek flow through the area was noted. The improvements that will be constructed are consistent with City standards and with the Comprehensive Plan. Mr. PAGE 13 COUNCIL MINUTES AUGUST 14, 1995 Powell outlined the construction costs for sanitary sewer, municipal watermain, storm sewer and streets. The total cost of the improvements including engineering, legal expenses and administrative cost is approximately $1,866,000.00. The developer has indicated that he will be financing the first phase improvements himself. The subdivision will be assessed for area and unit charges, and surface water management charges. The area and unit charges collected from this subdivision will finance Well No. 4 and for the capacity required in the new sanitary lift station for the subdivision. The developer has indicated that he wishes to proceed with the development and construct the first phase and construct model homes. Later this evening, the City Council will be asked to order the plans and specifications for the first phase. The plans and specifications should be ready for Council approval on August 28, 1995. Since the first phase will be developer financed, the City will not ask for public bids. The project will be bid directly by the developer using the plans and specifications prepared by the City Engineer. The improvements will be completed late this fall in the first subdivision. At this time, the subdivision is being graded. After the last rain storm some silt fencing was destroyed. The developer is required to replace the silt fence. Some of the silt fencing was in an area used for site access. In this area, a rock entrance is required to reduce the erosion. One condition of approval of the preliminary plat was that the developer was responsible for working with the Rice Creek Watershed District (RCWD) to maintain flow through a particular culvert under Cedar Street.. The status of this culvert is uncertain and Mr. Powell will contact the RCWD to determine if this requirement has been met. Mr. Powell explained that the Clearwater Creek project is a feasible project from an engineering standpoint and as a City project. Karen Cunningham, 2310 Cedar Street explained that her husband called Mr. Powell this morning to let him know that not only did some of the silt fencing fall down, there is no fencing in some areas where silt fencing was supposed to be installed. She said that although she has previously expressed concern about the condition of the ditch, the ditch is now completely brown because all of the erosion is going into the ditch and then it will flow directly through her property. The ditch needs repair now. If it is not repaired, the flow through the ditch will be impeded, the water level in the ditch will become elevated and her horse pasture will flood. Ms. Cunningham explained that they have talked to the RCWD about this concern and they were going to check a particular survey. However, she has not heard anything from them. She noted that Mr. Powell is going to check into the culvert situation. Mr. Powell noted the call from Mr. Cunningham. He said that he did not know why silt fencing was only placed around the wetlands and near the road. Mr. Powell said that he would direct the inspector on the site to actively enforce the silt fence requirement. PAGE 14 COUNCIL MINUTES AUGUST 14, 1995 Ms. Cunningham explained that banks of dirt about 10 to 15 feet high have been pushed up along the ditch. She asked if these banks eroded into the ditch, would the developer be required to dig it out? Mr. Powell explained that the developer has been excavating ponds and respreading some of the topsoil. The developer will be responsible for cleaning out the ditch. Mr. Powell said that the City will make sure that the grading is done according to the plans and that the contours are correct. The City has not received verification from the developer's surveyor that grades are according to the approved plan. When this information is received, the City does another thorough inspection of the site. Mr. Powell will be talking to the contractor and the RCWD. Anything that has been a contribution from their lack of erosion control will be their responsibility to correct. Ms. Cunningham asked what will happen if the silt has filtered further down stream. Mr. Powell said that he will make the RCWD aware of the concern and to be sure that they have their enforcement support in place. Mayor Reinert asked Mr. Powell to prepare a report for the next Council work session regarding soil erosion concerns for both Clearwater Creek and Trapper's Crossing. Council Member Elliott moved to close the public hearing at 8:05 P.M. Council Member Neal seconded the motion. Motion carried unanimously. The City Council did not take any action on this matter. CONSIDERATION OF RESOLUTION NO. 95 - 90 ACCEPTING DONATION FROM THE CENTENNIAL YOUTH HOCKEY ASSOCIATION, MARTY ASLESON Mr. Asleson explained that the 1995 goal of the Park and Recreation Board was to establish a new hockey rink at the City Hall park site. The project was approved by the City Council as part of their goals for 1995. Funds were solicited to help pay for the project. The Centennial Youth Hockey Association was made aware of this goal and has contributed $1,500.00 to help pay a portion of the hockey rink. Mr. Asleson recommended that the City Council adopt Resolution No. 95 - 90 Accepting the Donation from the Centennial Youth Hockey Association for Use in Constructing a Hockey Rink in the City Hall Park and to express gratitude for the donation. Council Member Elliott moved to accept Mr. Asleson's recommendation. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 90 can be found at the end of these minutes. PAGE 15 COUNCIL MINUTES AUGUST 14, 1995 OLD BUSINESS Consideration of Letter Regarding Brandywood Park - Mr. Asleson reminded the City Council of a recent Council meeting where some residents of Brandywood Estates expressed disagreement with some portion of the park development in that subdivision. Since that time, Mr. Asleson has met with the neighborhood and determined exactly what they wanted in their park. The neighborhood has sent a letter to the City Council expressing their appreciation to Mr. Alseson and the Park Board for their help in reaching an amicable conclusion to their concerns. Mr. Asleson read the letter to the City Council. Mr. Asleson also noted that some park equipment was installed in the Wenzel Farms subdivision park over the week end. The residents were involved in erecting the equipment. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 87 Accepting Bids for the Lake Drive (CSAH No. 23/Hodgson Road (T.H. 49) Improvement - Mr. Heth explained that the City Council adopted Resolution No. 95 - 67 authorizing advertisement for bids for the T.H. 49, CSAH 23, CSAR 10 Intersection improvements. Bids were received on July 12, 199.5, were tallied and the low bid was for $1,295,564.52 from Forest Lake Contracting. Awarding of the bid was delayed because the cultural investigation by the State Historical Preservation Office was not completed. Staff has now been informed that the cultural investigation has been completed. Mr. Heth recommended that the City Council award the bid as outlined in Resolution No. 95 - 87. Council Member Bergeson asked how the cultural investigation costs will be split between all the agencies involved in this improvement project. Mr. Powell explained that an agreement with Anoka County has been completed and they will pay a significant portion of the cost. The City will be given credit for work that City crews did to prepare the site for the cultural investigation. Council Member Bergeson asked how much of the total cost of the project will Lino Lakes have to pay. Mr. Heth said close to $600,000.00. Final figures will be prepared and presented at the next Council meeting. Council Member Kuether asked how close the low bid was to the engineer's estimate. Mr. Heth explained that the engineer's estimate was $1,399,000.00. Council Member Neal asked if Circle Pines will be responsible for any of the project costs. Mr. Heth said that they will be responsible for approximately 1% of the costs. Mr. Powell explained that there is a signal agreement which is not the same split as the project itself. This does complicate preparation of the cost breakdown. He also explained that the State is paying a significant amount of the cultural investigation costs. PAGE 16 COUNCIL MINUTES AUGUST 14, 1995 Council Member Elliott moved to approve Resolution No. 95 - 87 awarding the bid to Forest Lake Contracting for $1,295,564.52. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Powell noted that the reconstruction meeting was held this morning. Site preparation will start this week. Resolution No. 95 - 87 can be found at the end of these minutes. Consideration of a Petition for Sewer and Water Service to the Gladstone Drive/Lakeview Drive Area - Mr. Powell explained that several property owners in the Gladstone Drive/Lakeview Drive area have submitted a petition to the City requesting sewer and water service. The utilities do exist in the vicinity of the petition so service to this area could likely be provided. However, prior to actually preparing a feasibility study, a neighborhood meeting could be held to discuss the possible improvements. The neighborhood meeting would have a two -fold purpose. It would determine if there are other interested residents in the area who could be served; it would also give the petitioning residents a rough estimate of the costs involved whereby they could decide whether they want to continue pursuing utility service. Neighborhood meetings have been held in the past for short utility extensions and have been found to be very useful. Council Member Kuether moved to refer the petition to the Acting City Engineer directing him to hold a neighborhood meeting with the residents in the area to discuss the improvement possibilities and estimated assessments. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of a Petition for Sewer Service to Lake Drive Residents Near Marshan Lake Condominiums - The property owner at 7074 Lake Drive most recently contacted the City regarding utility service. At the time the cost to extend sewer and the assessments to be generated were evaluated and the property owner was told of the potential condominium development. The property owner did not pursue a formal petition for utility service as their property could be served from the utilities extended to serve the condominium development much less expensively. The condominium project is proceeding and the property owners at 7074 and 7080 Lake Drive have now formally petitioned for sewer service. As part of the feasibility study for the Marshan Condominium project, OSM has been assigned the task of evaluating utility service for the area east of Lake Drive near these properties. The utility service and potential assessments for the petitioning properties could be reviewed along with the Marshan Condominiums without much additional effort. Council Member Kuether moved to refer the petition to OSM to evaluate providing utility service to these properties along with the Marshan Condominium project. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 17 COUNCIL MINUTES AUGUST 14, 1995 Consideration of Resolution No. 95 - 91 Ordering Preparation of Plans and Specifications for the Fourth Avenue Trunk Utility Improvements - Mr. Powell explained that this improvement involves the extension of trunk sanitary sewer and watermain along Fourth Avenue and Lilac Street to serve the proposed Behm's Century Farm subdivision. The feasibility report for these improvements was submitted to the City Council on June 12, 1995 and a public hearing to discuss the proposed improvements was held on July 24, 1995 at which time public comment was received. According to the schedule presented at the public hearing, the project will be bid in order for construction to begin this fall. Council Member Neal moved to approve Resolution No. 95 - 91 Ordering Preparation of Plans and Specifications for the Fourth Avenue Trunk Utility Improvements. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 91 can be found at the end of these minutes. Consideration of Resolution No. 95 - 92 Ordering Preparation of Plans and Specifications for the Clearwater Creek Utility and Street Improvements - Mr. Powell explained that this project involves the installation of sanitary sewer, watermain, storm sewer, and street improvements to serve the Clearwater Creek subdivision located southeast of the Cedar Street/Otter Lake Road intersection in Lino Lakes. The feasibility report for these improvements was prepared and a public hearing on the proposed improvements will be held at the City Council meeting on Monday evening, August 14, 1995. Preparation of plans and specifications will not begin until the City receives adequate financial security from the developer. According to the proposed schedule, the construction of these improvements will begin this fall. Mr. Powell noted that the contractor will secure a contractor independently. To be sure that the improvement will be completed, the City will get financial guarantees and a development agreement. Mr. Powell recommended that the City Council approve Resolution No. 95 - 92 Ordering Preparation of Plans and Specifications for the Clearwater Creek Utility and Street Improvements. Council Member Kuether moved to approve the Acting City Engineer's recommendation. Council Member Bergeson seconded the motion. Motion approved unanimously. Resolution No. 9.5 - 92 can be found at the end of these minutes. Consideration of Resolution No. 95 - 102 Authorizing Preparation of a Community Water Supply Plan - Mr. Powell explained that in the 1993 legislative session, the Minnesota State Legislature passed Chapter 186 of the State Law which requires municipal water suppliers within the State to prepare Community Water Supply Plans. The content guidelines for these plans were developed jointly by the Department of Natural Resources, Division of Waters and the Metropolitan Council. The major parts of this plan are as follows: PAGE 18 COUNCIL MINUTES AUGUST 14, 1995 I. Water Supply System Description and Evaluation II. Emergency Planning III. Water Conservation Plans IV. Items for Metropolitan Area Public Suppliers The details of these parts were reviewed at the Council work session on August 9, 1995. The city is required to submit the Water Supply Plan as an amendment to the local comprehensive plan to the Metropolitan Council and to the Department of Natural Resources by January 1, 1996. The preparation of the City's Water Supply Plan will required assistance and coordination between the Public Works and Finance Departments and policy guidance from the City Council. City staff will be utilized to the maximum extent possible depending on their availability in order to reduce the overall cost of preparing the plan. Failure to prepare and submit the plan to appropriate agencies may jeopardize future approvals of permits and comprehensive plan amendments by the Minnesota Department of Health, the Minnesota Department of Natural Resources, and the Metropolitan Council. Mr. Powell noted that he did review the work scope prepared by Curt Johnson and assuming that the City staff will be available for work as outlined, the cost should be approximately $8,000.00. He recommended that the City Council adopt Resolution No. 95 - 102 Authorizing Preparation of a Community Water Supply Plan. Mayor Reinert noted that this is another example of another mandate passed onto local governments by the State without a funding source. Mr. Schumacher asked Mr. Powell to prepare a work scope that will show the staff responsibilities and the engineer's responsibilities. He also asked for a time schedule for this project. Council Member Kuether moved to adopt Resolution No. 95 - 102. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to direct Mr. Schumacher to write a letter to the Lino Lakes representatives in the Legislature expressing our displeasure with unfunded mandates. Council Member Kuether seconded the motion. Motion carried unanimously. Anoka County Conservation District Cost Sharing Program for Sealing Wells - Mr. Powell explained that the Anoka County Conservation District has funds available from the Minnesota Board of Water and Soil Resources to assist Anoka County residents with PAGE 19 COUNCIL MINUTES AUGUST 14, 1995 the cost of sealing unused wells. This program will reimburse the property owner 50% of the direct cost to seal a well with a maximum reimbursement of $2,000.00 per well. There is no reimbursement limit per property or owner, only per well. This item is for informational purposes only and no Council action is required. 1995 FINANCE ADJUSTMENTS, RANDY SCHUMACHER Mr. Schumacher explained that in the past, the City Council has approved fund transfers, fund closures and all other audit adjustments once at the end of the year. He recommended that the adjustments be approved by the Council on a more timely basis. Mr. Schumacher explained that all of the following are "house keeping" resolutions. Consideration of Resolution No. 95 - 95 Authorizing the Transfer of Funds from Tax Increment Financing District 1-1 and 1-2 to the General Fund - Council Member Kuether moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 95 can be found at the end of these minutes. Consideration of Resolution No. 95 - 96 Authorizing the Closure and Transfer of Funds from the 1989B Certificates of Indebtedness to the Closed Bond Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 95 - 96 can be found at the end of these minutes. Consideration of Resolution No. 95 - 97 Authorizing the Closure and Transfer of Funds from the 1988A General Obligation Improvement Bonds to the Closed Bond Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 9.5 - 97 can be found at the end of these minutes. Consideration of Resolution No. 95 - 98 Authorizing the Transfer of Funds from the Closed Bond Fund to the Escrow Fund - Council Member Bergeson moved to adopt this resolution as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 98 can be found at the end of these minutes. Consideration of Resolution No. 95 - 99 Authorizing the Transfer of Funds to the Escrow Fund from the General Fund - Council Member Elliott moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 20 COUNCIL MINUTES AUGUST 14, 1995 Resolution No. 95 - 99 can be found at the end of these minutes. Consideration of Resolution No. 95 - 100 Authorizing the Transfer of Funds to the Escrow Fund from the Woods of Baldwin Lake, Second Addition Construction Fund - Council Member Bergeson moved to adopt this resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 100 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 93 DESIGNATING EMPLOYEE PRETAX FORFEITS, RANDY SCHUMACHER Mr. Schumacher explained that the City of Lino Lakes has available medical and day care pretax spending accounts for eligible employees who wish to participate. Federal law states that any funds remaining in an employees account after the payment of all eligible expenses incurred during the plan year will be forfeited. The plan also states that the forfeitures will be used in the manner determined by the City Council. Mr. Schumacher explained that the Finance Department is recommending that a fund be established to accumulate all employee pretax forfeitures and designate the money for employee related activities. These dollars will then be returned indirectly back to the employees. The fund would accumulate about $200.00 to $300.00 per year. The City Council would be required to take action to spend any of the dollars in the fund. Council Member Elliott moved to adopt Resolution No. 95 - 93 setting up an account that will accumulate all employee pretax forfeitures and designate the money towards employee related activities such as the annual picnic and the Christmas party or any other employee related activity that may need help with financing. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 93 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 95 - 94 AMENDING THE 1995 GENERAL FUND BUDGET, RANDY SCHUMACHER Mr. Schumacher explained staff is recommending that the 1995 General Fund Budget be amended to reflect the salary adjustments and benefits increases approved by the settlement of the International Union of Operating Engineers union contract. In addition staff is recommending that the Budget be amended to reflect the 1995 salary adjustments that were authorized by City Council in December, 1994. The money for these salary adjustments is included in the 199.5 General Fund Budget in the Salary Reserve Account. Staff is requesting authorization to transfer these funds from the Salary Reserve Account to the proper department account. PAGE 21 COUNCIL MINUTES AUGUST 14, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 94 Amending the 1995 General Fund Budget as recommended. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 94 can be found at the end of these minutes. CONSIDERATION OF AN APPLICATION FOR OFF -SALE LIQUOR LICENSE, BARBARA ANN HAUER, MARILYN ANDERSON. Mrs. Anderson explained that an off -sale liquor establishment has been in existence at the Tom Thumb Store site for several years. The former license holder did not renew his off - sale liquor license this year, thus leaving the opportunity for someone else to apply for the license. An application for an off -sale liquor license has been received from Ms. Hauer. The application is complete, a copy of the signed lease with the Tom Thumb Food Markets is on file in the Clerk's office, the investigation fee and the license fees have been paid. The Police Department has completed a background investigation of Ms. Hauer and her Lino Lakes manager, Richard S. Hauer. The investigation was routine and the Police Department noted that the license can be issued to Ms. Hauer on the basis of their investigation. A certificate of insurance is also on file in the Clerk's office. Council Member Neal moved to approve the off -sale liquor license as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal introduced Ms. Hauer to the City Council. CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Citizen Petitions and Request to Prepare Ordinances for Two (2) Proposed Initiative Issues - Mr. Hawkins explained that two (2) citizen petitions as allowed by the City Charter, have been submitted to the City Council for consideration. The City Council has discussed these petitions with the sponsors at several Council work sessions. The citizens are presenting the petitions at this time to allow the City Council to adopt the provisions contained in the petitions by ordinance. If the City Council decides not to adopt the provisions contained in the petitions, the citizens plan to obtain the required number of signatures on the petitions so that the provisions contained in the petitions can be placed on the election ballot so that the citizens can vote on them at the November 7, 199.5 election. Mr. Hawkins explained that the City Council is requested to decide this evening if the provisions in the petitions should be enacted by ordinance or if the provisions in the petitions should be placed on the November 7, 1995 election ballot. PAGE 22 COUNCIL MINUTES AUGUST 14, 1995 Council Member Bergeson noted that the Conflict of Interest petition contains a caption stating that if this measure is approved by ordinance, the ordinance cannot be repealed except by the majority of the vote by the registered voters. Mr. Hawkins explained that this language is not included the proposed ordinance. The City Council could repeal the ordinance in the same manner as they would repeal any other ordinance. Council Member Kuether said that at one of the Council work sessions, it was noted that whether the measure was approved by an election or by a City ordinance, it could only be repealed by a vote of the registered voters. Mr. Landers, 7181 Sunrise Drive, a member of the committee sponsoring the petitions explained that if the measure is adopted by the voters, it can only be repealed by the voters. Proposed Notification Requirements Petition - The citizens petition to require that notices of a change in property status be mailed to all property owners within 600 feet of the property requesting a change in status was discussed. Also discussed was the proposed provision that would require that all notices be sent by certified mail. Ms. Wyland prepared three (3) examples of the cost break down. She noted that it would be extremely costly to mail notices by certified mail. Ms. Wyland also noted that it would take a considerable amount of stafftime to prepare the necessary mailing documents required to send the notices by certified mail. Mayor Reinert noted that at the work session, he asked why the citizens decided everyone within 600 feet should be notified of the change of status of a property. He asked why is 600 feet the magic number? What is the rationale? Mr. Landers said he was not sure why 600 feet was selected, however he felt that 350 feet was not adequate especially around a lake. If a piece of lake front property was requesting a change of status, all landowners around the lake should be notified. Mayor Reinert asked Mr. Landers if he preferred a provision requiring the notification by certified mail to persons within 350 feet of the property requesting a status change or if he preferred that all landowners within 600 feet be notified by regular mail. Mr. Landers said he preferred that all persons within 350 feet of the property requesting a status change be notified by certified mail. However, he did not feel that the other petitioners would agree. Mayor Reinert asked that an ordinance be prepared indicating a compromise and then review the ordinance after one year. Mr. Landers said he was concerned that after a year or two, staff would "fall back" to preparing notices in the current manner. Mr. Schumacher explained that when notices are mail, an affidavit of mailing is prepared. He suggested that the mailing be prepared by normal mail services and a copy of the affidavit and the names and addresses of each person who was being notified be included in the mailing. Mayor Reinert presented the following compromise: all person within 600 feet of the property requesting a change in status be notified by normal mail and an affidavit of mailing which includes the names and addresses of persons being notified be included with each letter. PAGE 23 COUNCIL MINUTES AUGUST 14, 1995 Mayor Reinert suggested that the proposed Conflict of Interest ordinance be adopted as presented and that in the interest of saving staff time and tax dollars, a Notification ordinance be drafted that would require that all property owners within 600 feet of a property requesting a status change be notified by normal mail and the notification will include an affidavit of mailing including the names and addresses of the persons who were mailed the notification. Mr. Landers went out to the hall to confer with other petitioners. Consideration of Letter from Attorney Regarding the Construction of a Townhouse Unit in Wenzel Farms - Mr. Hawkins explained that a townhouse under construction was located only 11 feet from the street right-of-way. The builder did apply for a variance but later sent a letter to the City revoking the variance request and stating that they did have a right to complete the townhouse in the place where it was started. The letter cited other court cases to support the claim. Mr. Hawkins noted that the preliminary plat indicates that the location of all the buildings for this subdivision and indicates that this unit is located the required distance from the right-of-way. The building permit was issued and the building placement error was found when the footing were prepared. Mr. Hawkins said it is his opinion that the error was committed by the builder, Gold Star Builders. All setback requirements have to be met. Mr. Hawkins said based on his review of the matter, the building must be moved to comply with the City Code. Mr. Hawkins will respond to the letter written to the City. NEW BUSINESS Consideration of Minutes, Closed Council Meeting, June 12, 1995 - Council Member Elliott moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Gambling License for the Dead Broke Saddle Club - Mrs. Anderson explained that the Dead Broke Saddle Club applied for a gambling license earlier this year. However, they did not meet the eligibility requirements at that time and the gambling license was denied. This organization now meets the eligibility requirement; more that 15 members of the Saddle Club live in Lino Lakes and have been members for more than six (6) months. They have already submitted their application to the State and expect to begin their gambling operation at the 49 Club on September 1, 1995 if the City Council approves the gambling license. Council Member Elliott moved to approve the gambling license for the Dead Broke Saddle Club for operation at the 49 Club. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 24 COUNCIL MINUTES AUGUST 14, 1995 Consideration of an Application for a Block Party, Woodridge Court - Mrs. Anderson explained that an application for a block party has been received for Woodridge Court. The subdivision of Woodridge Estates has been holding block parties for several years, but not in this location. The block parties have been held at the west end of Woodridge Lane. Woodridge Lane was extended to the west and now connects to Baldwin Lake Drive. This year the request is for a block party on Woodridge Court. Both the Police Department and the Public Works Department have reviewed the request and have indicated that the cul-de-sac is the best location for a block party in this subdivision. The Public Works Superintendent noted that he is always apprehensive of any "people" type use of roadways because of the liability factor. A letter was received from a resident on the cul-de-sac objecting to the block party at this location in this subdivision. He listed several concerns and wanted the City Council to be aware that he is not in favor of the block party. Council Member Neal noted that the letter said only 50% of the residents signed the petition. Mrs. Anderson explained that seven (7) lots border on the cul-de-sac. Four (4) residents signed the petition. One house is sold and the current owners will not be there when the party takes place. Mayor Reinert asked if the City Clerk recommends approval of the petition if at least 50% of the residents sign the petition. Mrs. Anderson explained that currently there is no criteria for block parties. Normally a substantial number of residents sign the petition. Mayor Reinert noted that there will be more requests for block parties and suggested that a better procedure be implemented. He noted that the City has been encouraging block parties and such events as National Night Out. These are social events or neighborhood events. Mrs. Anderson explained that the Planning Department is considering a revision to the Zoning Ordinance. She asked them to include a provision for block parties. She explained that she gave the Planning Department information on how both St. Paul and Minneapolis govern block parties to be used as examples. Council Member Kuether asked why the writer of the letter suggested that there will be about 70 homes represented at the block party. Mrs. Anderson explained that the block party is for residents of Woodridge Estates. They consider this area a neighborhood and the party will be a neighborhood party. Council Member Elliott explained that a private individual living on a cul-de-sac has every right to hold a party for 250 people. This would cause all types of congestion and would not have the camaraderie. There are some concerns about who will clean the area after the block party. Council Member Elliott noted that block parties are very good about cleaning because the people have a vested interest. She said that she understood the letter writers concerns however, if the City Council says no to the block party because of the PAGE 25 COUNCIL MINUTES AUGUST 14, 1995 one letter, will the City Council say no to private parties because they may be too big, have too much trash or may have alcohol? Mayor Reinert asked if there would be police protection at the party. Mrs. Anderson said no, however, the Police Department normally makes a courtesy call at each block party to discuss Crime Watch and other neighborhood concerns. Council Member Kuether asked that the Chief of Police assist in preparing a block party ordinance so that the safety aspect can be addressed. Chief Pecchia explained that generally speaking, block parties have been trouble free. However, he felt that Lino Lakes is unique because the residents use block parties not only as a means of getting together but also use it as an opportunity for the officers to meet more and more of the residents and talk about safety issues. He said he was more than willing to provide input into an ordinance for block parties. Mayor Reinert asked if anyone was in the audience who opposed this particular block party. There was no one. Several persons who are planning the block party were present in the audience. Council Member Elliott moved to approve the application for a block party. Council Member Elliott seconded the motion. Motion carried unanimously. Mrs. Anderson noted that one of the letter writers concerns was debris. She asked the person in the audience to be particularly sensitive to this issue. Consideration of an Application for a Block Party in Caribou Circle An application for a block party on Caribou Circle was received. This area in Sunrise Meadows has been holding block parties for the last several years. Both the Police Department and the Public Works Department have reviewed the request and have indicated that they do not see any problems. As with the first block party request, the Public Works Superintendent noted that he is always apprehensive of any "people" type of use of roadways because of the liability factor. Council Member Elliott moved to approve the block party as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Hawthorn Road - An application for a block party on Hawthorn Road has been received. This area in PineRidge Estates has been holding block parties for several years. This year the neighborhood is proposing to barricade a portion of Hawthorn Road which is a through street. The Public Works Superintendent has expressed concern regarding blocking a through street. The Police Department has reviewed the request and has also expressed the same concern. PAGE 26 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether moved to approve the block party as requested. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Buckthorn Lane - An application for a block party on Buckthorn Lake has been received. Buckthorn Lane is a connecting street between 12th Avenue and White Tail Trail. All homeowners on this street have signed the petition agreeing to the block party. The Public Works Superintendent has expressed the same concern regarding blocking a through street. The Police Department has reviewed the request and has also expressed the same concern. Council Member Elliott moved to approve the block party as requested. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Request for $200.00 for City Hall Picnic - Council Member Neal explained that the employees use the profits from the pop machine and donations from some of the consultants to fund a picnic for staff, the City Council and board and/or commission members. Because of recent legislation, staff can no longer solicit donations from consultants. Since pop machine profits are not sufficient to finance the picnic, Council Member Neal moved to use $200.00 of the pretax hind to help finance the City picnic. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Neal suggested that a portion of the City funds picnic be budgeted for next year. Consideration of Setting Date for Quarterly Meeting with the City of Hugo for Thursday, September 7, 1995, 7:00 P.M. - This item is just a reminder. Reminder, City Council Budget Work Session, Monday, August 21, 1995 - This item required no action by the City Council. Continuation of City Attorney's Report - Council Member Kuether expressed concern regarding the Conflict of Interest proposal. Mr. Landers said that if an item on the agenda directly involves a Council Member, that Member must physically remove himself from the Council chambers. Council Member Kuether felt that this is discriminatory. Mr. Hawkins explained that the language in the proposed ordinance is taken from the state statutes. He said it is true that the Member is being discriminated against, however, the State Legislature has said that ethics in government is so important that in these instances it is deemed necessary to have the individual removed from any consideration. Mr. Hawkins explained that this City has always complied with this legislation. Mr. Landers said that his group has agreed to Mayor Reinert's proposal that land owners within 600 feet of a property requesting a change in status be notified by normal mail and that a notarized affidavit be included in the mailing. The affidavit will contain the names and addresses of all property owners who were mailed the notice. The mailing list will be prepared by Anoka County upon request from City staff. PAGE 27 COUNCIL MINUTES AUGUST 14, 1995 Council Member Kuether moved to direct staff to prepare an ordinance titled "Conflict of Interest" as proposed by the citizens petition and present it at the next regular Council meeting for the first reading. Council Member Elliott seconded the motion. Mr. Hawkins explained that this ordinance will amend the City Code. He also noted that there are other State Statutes that deal with conflict of interest in terms of contracts. Mr. Hawkins explained that it is his opinion that there was no necessity for additional regulations. However, the petitioners did feel it was necessary to adopt additional standards. Mayor Reinert felt that this proposal is common sense. Council Member Bergeson expressed concern regarding layering City requirements on top of Charter requirements, statute laws and City Code requirements which already exist. Mr. Hawkins noted that the ordinance would repeal the City Code requirement and substitute the new one in its place. Mr. Hawkins said that it is still his opinion that the existing City ordinance along with the state statutes provisions are sufficient to insure that no City Council member violates any of the provisions without severe sanctions. Mayor Reinert said that there are two(2) choices here. You can listen to the people and enact a new ordinance or you can have the citizens gather signatures on a petition and have the matter placed on the November ballot. Mr. Landers explained that if the proposed ordinance is placed on the ballot and is approved, the only way this ordinance can be removed is by another election. Voting on the motion, motion carried with Council Member Bergeson voting no. Staff will prepare an ordinance and it will be placed on the next regular Council agenda for the first reading. Council Member Bergeson moved to direct staff to prepare an ordinance titled, "Notification Requirements" as agreed expanding the area to be notified from 350 feet to 600 feet and to require that an affidavit of mailing be prepared listing the names and addresses of all property owners notified and deleting the certified mail requirement. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 9:40 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular meeting of the City Council on September 25, 1995. PAGE 28 COUNCIL MINUTES AUGUST 14, 1995 Marilyn G. Anderson, Vernon F. Reinert, PAGE 29 Council Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 87 RESOLUTION ACCEPTING BIDS FOR THE LAKE DRIVE (CSAH NO. 23)/HODGSON ROAD (HIGHWAY 49) IMPROVEMENT WHEREAS, pursuant to an advertisement for bids for the improvement of Lake Drive (CSAH No. 23)/Hodgson Road (Highway 49) intersection, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Forest Lake Contracting $1,295,564.52 14777 Lake Drive Forest Lake, Minnesota 55025 Hardrives, Inc. $1,592,174.92 9724 - 10th Avenue North Plymouth, Minnesota 55441 Midwest Asphalt Corporation $1,466,770.03 P. O. Box 5477 Hopkins, Minnesota 55343 Valley Paving Incorporated $1,632,581.40 8800 - 13th Avenue East Shakopee, Minnesota 55379 AND WHEREAS, it appears that Forest Lake Contracting, 1477 Lake Drive, Forest Lake, Minnesota, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Forest Lake Contracting, 14777 Lake Drive, Forest Lake, Minnesota, in the name of the City of Lino Lakes for construction of the Lake Drive (CSAH No. 23)/Hodgson Road (Highway 49) intersection improvement, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. RESOLUTION NO. 95 - 87 Page -2- 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 14th day of August, 1995. Vernon F. Reinert, Mayor Marilyn G. derson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted... Council Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 90 RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL YOUTH HOCKEY ASSOCIATION FOR USE IN CONSTRUCTING HOCKEY RINK IN THE CITY HALL PARK WHEREAS, the Lino Lakes City Council has established the Dedicated Parks Fund to receive all donations from developers and other interested citizens and organizations, and WHEREAS, the Dedicated Parks Fund is used to fund major park development and park land acquisition, and WHEREAS, the Centennial Youth Hockey Association has donated $1,500.00 to be used for the construction of a hockey rink in the City Hall park, and WHEREAS, the monies will be appropriated to the Dedicated Park Fund in the following manner: Increase Revenue, Dedicated Park Fund $1,500.00 Increase Expenditures: Dedicated Park Fund $1,500.00 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $1,500.00 for the Dedicated Parks Fund and wishes to express its sincere gratitude and appreciation to the Centennial Youth Hockey Association for its donation. Adopted by the Lino Lakes City Council this 14th day of August, 1995. Vernon F. Reinert, Mayor Marilyn a. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 90 page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-91 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FOURTH AVENUE TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 95-68 of the Lino Lakes City Council adopted the 12th day of June, 1995, a report was prepared for this improvement and, WHEREAS, Resolution No. 95-69 adopted the 12th day of June, 1995 fixed a date for a City Council hearing on the following described improvement: FOURTH AVENUE TRUNK UTILITIES AND WHEREAS,published and mailed notice of the hearing as required by the Lino Lakes City Charter was given, and a hearing was held thereon on July 24, 1995 at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the City Council this 14th day of Auguste Vernon F. Reinert, Mayor Marilyn G: Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-92 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF UTILITY AND STREET IMPROVEMENTS FOR CLEARWATER CREEK. WHEREAS, pursuant to Resolution No. 95-51 of the Lino Lakes City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, Resolution No. 95-70 of the City Council adopted the 10th day of July, 1995, fixed a date for a public hearing on the proposed improvements. AND WHEREAS, mailed notice and published notice of the hearing as required by the Lino Lakes City Charter was given, and the hearing was held on the 14th day of August, 1995, at which all persons desiring to be heard were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the City Council this 14th day of August, 1995. I� Marilyn G'. Anderson Clerk -Treasurer The motion for adoption of the Member Bergeson Vernon F. Reinert, Mayor foregoing resolution was duly seconded by Council and upon vote being Bergeson, Elliott, Kuether, Neal, taken thereon, the following voted in favor thereof: Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on /4 , 1995. Marilyn . Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: City of Lino Lakes Resolution No.95-93 Resolution Authorizing the Designation of Employee Pretax Forfiets WHEREAS, the City of Lino Lakes has available medical and day care pretax spending accounts for eligible employees to participate in, and WHEREAS, Federal Law states that any funds remaining in an employees account after the payment of eligible expenses incurred during a plan year will be forfeited, and WHEREAS, the plan states that any forfeitures will be used in the manner determined by the City Council. NOW THEREFORE BE IT RESOLVED, that an account be set up in the Escrow Fund to accumulate all employee forfeitures from the medical and day care pretax accounts. The monies will be used to help finance employee related activities such as the annual picnic, the Christmas party or any other employee related activity that may need financing. Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Vernon F. Reinert - Mayor / Marilyn G. Anderson - Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council Member Elliott introduced the following resolution and moved its adoption: City of Lino Lakes Resolution Number 95-94 Resolution Amending the 1995 General Fund Budget Whereas, the General Fund budget should be amended to reflect 1995 salary increases that were authorized by the Council in December 1994, and Whereas, the General Fund budget should be amended to reflect salary and benefit increases for the International Union of Operating Engineers (Local 49) that were authorized in July, 1995. Now Therefore Be It Resolved, that the 1995 General Fund budget be amended accordingly (Please see attached schedule). Adopted by the City Council of Lino Lakes this 14th clay of August, 1995. 111. s, Marilyn G, nderson - Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against sante: None. Where upon said resolution was declared duly passed and adopted: Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-95 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM TAX INCREMENT 1-1 AND TAX INCREMENT 1-2 TO THE GENERAL FUND WHEREAS, the 1995 Budget provided funding for the Community Development Director position, and WHEREAS, 1/2 of this position was to be funded with Tax Increment Financing funds, and WHEREAS, this amount is $38,000. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease General Fund (101) 38,000 Tax Increment 1-1 (407) 19,000 Tax Increment 1-2 (408) 19,000 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. / jn('vim- (-L ;".- i =a ; l Marilyn G. Anderson, Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council member Elliott introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-96 RESOLUTION AUTHORIZING THE CLOSURE OF THE 1989B CERTIFICATES OF INDEBTEDNESS AND TRANSFER OF FUNDS TO THE CLOSED BOND FUND WHEREAS, the 1989B Certificates of Indebtedness matured February 1, 1995, and WHEREAS, there remains a balance in this fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective July 31, 1995. Increase Decrease Closed Bond Fund (301) 20,166.91 1989B Certificates of Indebtedness (304) (20,166.91) Adopted by the City Council of Lino Lakes this 14th day of August, 1995. . Marilyn d. Anderson, Clerk Treasurer Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council member Elliott resolution and move its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 95-97 RESOLUTION AUTHORIZING THE CLOSURE OF THE 1988A G.O. IMPROVEMENT BONDS AND TRANSFER OF FUNDS TO THE CLOSED BOND FUND WHEREAS, the City Council authorized the early redemption of the 1988A G.O. Improvement Bonds November 16, 1994, and WHEREAS, these Bonds were redeemed on February 1, 1995, and WHEREAS, there remains a balance in this fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective July 31, 1995. Closed Bond Fund (301) 1988A G.O. Improvement Bond Fund (302) Increase Decrease 266,780.68 (266,780.68) Adopted by the City Council of Lino Lakes this 14th day of August, 1995. G � Vernon F. Reinert - Mayor lam( j t_� ✓�'T'r'L IV1ailyn G.. nderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-98 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CLOSED BOND FUND TO THE ESCROW FUND WHEREAS, after review of escrow accounts ended June 30, 1995 by Finance and Planning, and WHEREAS, there are outstanding escrows that cannot be collected, and WHEREAS, Oakbrook Peninsula escrow should be written off as the 3% administrative fee was paid, and WHEREAS, this amount is $3,688.49 WHEREAS, the other outstanding escrows are as follows: 49 Club 165.20 Molin Concrete (33.74) Francis Lichtscheidl .10 Kevin McLevish 10.00 NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Closed Bond Fund (301) Escrow Fund (801) 3,830.05 Decrease (3,830.05) Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Vernon F. Reinert - Mayor Marilyn G? Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. RESOLUTION No. 95 - 98 Page -2- The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council Member Elliott adoption: introduced the following resolution and moved its City of Lino Lakes Resolution No.95-99 Resolution Authorizing the Transfer of Funds to the Escrow Fund from the General Fund (Senior Cottages) WHEREAS, a $467.00 credit was received for Northwest Associated Consultant planning costs and credited to the wrong fund, and WHEREAS, the credit should have been put towards the Senior Cottages Escrow account and not the General Fund. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Senior Cottage Escrow(801) General Fund(101) Increase 467.00 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Marilyn G. /Anderson - Clerk Treasurer Decrease 467.00 Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was dully seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council Member Bergeson adoption: introduced the following resolution and moved its City of Lino Lakes Resolution No.95-100 Resolution Authorizing the Transfer of Funds to the Escrow Fund from Woods of Baldwin Lake, 2nd Addition Construction Fund WHEREAS, and WHEREAS, WHEREAS, WHEREAS, $2,105.02. an escrow fund was established for Woods of Baldwin Lake, 2nd Addition in 1994, there were costs charged to the escrow fund in 1994, and this project is now a City financed project, and 1994 costs should now be transferred to the construction fund in the amount of NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized: Escrow Fund Woods of Baldwin Lake, 2nd Add Construction Fund Increase 2,105.02 Adopted by the City Council of Lino Lakes this 14th day of August, 1995. Marilyn G,VAnderson - Clerk Treasurer Decrease 2,105.02 Vernon F. Reinert - Mayor The motion for the adoption of the foregoing resolution was dully seconded by Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 101 A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN MEREDITH CABLE COMPANY AND THE NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION WHEREAS, the North Central Suburban Cable Communications Commission (hereinafter "Commission") was created for the purpose of administering the cable communications franchises for the cities of Blaine, Centerville, - Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes and Spring Lake Park; WHEREAS, the Commission has recommended to the City of Lino Lakes (hereinafter "City") a Memorandum of Understanding (hereinafter "Memorandum") which, among other issues, provides for the settlement of rate regulatory issues with Meredith Cable Company and, further, resolves a major issue in the upcoming franchise renewal negotiations by ensuring the continued funding of community programming through the transfer of the management of community programming to the Commission; and WHEREAS, the City has reviewed the Memorandum and has determined that its implementation is in the best interests of the cable subscribers in the City. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Lino Lakes that the City's representative on the Commission is authorized to vote in favor of the Memorandum and authorize its execution by the appropriate officers of the Commission. FURTHER BE IT RESOLVED, that the Commission is requested to prepare the necessary cable communications franchise ordinance amendments for consideration by the City to cause the implementation of those portions of the Memorandum which require further action by the City. Adopted by the Lino Lakes City Council on the 14th day of August, 1995. Vernon F. Reinert, Mayor / / r� C4-k.i/1.. 7 7� Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 101 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 95-102 RESOLUTION ORDERING PREPARATION OF A COMMUNITY WATER SUPPLY PLAN. WHEREAS, in 1993 the Minnesota State Legislature passed State Law, Chapter 186, and WHEREAS, Chapter 186 requires municipal water suppliers to prepare a Community Water Supply Plan, and WHEREAS, this plan must be prepared in accordance with guidelines provided by the Minnesota Department of Natural Resources and the Metropolitan Council, and WHEREAS, this plan is to be submitted to these agencies for their review by January 1, 1996, and AND WHEREAS, Lino Lakes as a municipal water supplier is required to comply with Chapter 186 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Acting City Engineer is directed to prepare a Community Water Supply Plan in accordance with Minnesota Department of Natural Resources and Metropolitan Council guidelines and to submit for review to these agencies prior to January 1, 1996. Adopted by the City Council this 14th day of August, JA5. Vernon F. Reinert, Mayor Marilyn C . Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on CLQ 1.1 , 19-•- j , l_ Marilyn G. Anderson, Clerk -Treasurer CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 The August 7, 1995, City of Lino Lakes Park Board meeting was called to order at 6:34pm. Roll call was taken, members present were Joe Schmidt, Acting Chair, Amy Donlin, Betty Piper, Sharon Lane and Pam Taschuk. Also present were Marty Asleson, Park, Recreation, and Forestry Coordinator, and Sandie Wood, Recording Secretary. Members absent were George Lindy and Ken Johnson. APPROVAL OF JUNE 5, 1995 MINUTES: Sharon Lane made a motion to approve the June 5 minutes, Amy Donlin seconded the motion. Minutes were approved with no corrections. OPEN MIKE: There was no one present to speak under Open Mike. UPDATES AND OLD BUSINESS: Trappers Crossing - Mini Park: Marty told the members that copies of previous minutes, a vicinity map, location map, as well as a drawing by the City Engineering Department, concerning a location that would work for a small mini -park in the south Trappers Crossing area was included in the packet. At a previous meeting the board directed Marty to investigate the possibilities of a site such as this. Marty has talked to Roger Hokenson about this but has not connected on this firmly yet. He will be walking the area when Roger gets back into town. Marty did say that Roger did mention naming the park after a deceased nephew of his. Joe asked if it was low land. Marty responded that the park area would be comprised of a division of two lots in a wetland area with approximately 13,500 square feet of upland. The remaining lots would have enough area to conform to our zoning regulations. Trails - Gravel and Paving Updates: In the packets Marty included a recent survey completed on gravel trail sections in the city that are ready for paving. He has talked to John Powell about "piggy -backing" these trails on to another project in the city. Marty explained that this would give the city more of an economy of scale advantage. He said we 1 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 are working with $15,000 worth of dedicated park funds only, this year. Last year, with paving trails on the city overlay road projects, we placed 7020 feet of trail in at a cost of $28,829.84 including engineering costs of $1402.02. Without this combined effort, this project would have cost much more. Marty went on to say that his concern is if we are not able to combine with some other efforts, does the Park Board still wish to spend the dedicated park dollars, or wait until we can get more "bang for the buck". Pam wanted to know how many feet could be done with the dedicated dollars we have now. Marty responded, maybe 1/3 could be done this year. Sharon's thought on this issues was that if a trail could be connected it should be given high priority, instead of a new trail. Betty asked how Marty determined priority for the trails. Marty said first priority were trails on the list the longest, secondly was the safety standpoint, but mainly were the ones in the residential areas. Joe asked if the $1,400 was dedicated money. Marty said there was $15,000 in the dedicated park fund and $15,000 in the general fund. The $1,400, spent on engineering costs, came from the general fund and park dedication fund.. The members were concerned about the rising cost to complete trails if the city waits to do them, and the increase of future trail development. The Park Board recommended that Marty go forward and write the specs to get price quotes for trail paving. It was suggested that this be discussed at the September goal setting meeting. Projects: Wenzel Farms - The playground was raised in the Wenzel Farm development on Saturday, August 5, 1995, by the neighborhood, Dave Lichtscheidl, and a representative from the playground company. It took them about eight hours to 2 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 do the work. Marty continued by saying the residents had put a lot of sweat equity in this park. Approximately two weeks ago they poured the cement for the basketball court. The playground company will be giving (at no charge) the neighborhood a Four Seater -Teeter because some of the posts, that were delivered, were the wrong color. The staff will be putting pea rock and edging in. Marty invited the Board to come and see this new park. He is very proud of the Park Maintenance staff and the job they do for the City of Lino. Lakes. Birchwood Park - Marty said the city crews will have to do a "total kill" of the grass in this area again because it started growing again after the first total kill was done. Marty has been in contact with the neighborhood group and they may wait and implement this park next year. City Hall Park - This will be the next project the city crews will be working on so that the building, from Shoreview, can be moved in this fall. Tables - Moline Concrete has given the City of Lino Lakes, through the Friends of the Park, 12 handicap accessible tables. The city crews have poured eight slabs at Country Lakes Park, two at Birch Park and two at Wenzel Park for these tables. Birch Park - The city crew poured the extra concrete, from the picnic slab pour, around the building to start a handicap access. Concrete will now have to be poured from this area to the road. Plaques have been ordered for the tables that will recognize Moline Concrete as donors through the Friends of the Park. Brandywood Park - Marty passed out a letter from a group of residents that have concerns about this park. He discussed their concerns with tree removal, the area for the basketball court, parking and traffic, and their lack of involvement in the park process. He told the Board that after a few field meetings it was determined that the _ problem was not the master plan that was approved, but the location of a wetland on the master plan. This was a problem because of the intended buffer of trees that we determined to leave and the location of the trees on the 3 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 backside of the wetland (which would screen the residents), was thought to be needed to be removed by the residents when they viewed the master plan. The wetland drawn by Jeff Schoenbauer was correct as it was presented in the final plat description. The field observation the residents pointed out seems to indicate an inaccuracy in this plat drawing. Marty believes we now have an understanding with the neighborhood that the trees are to remain, and we are waiting a letter of petition from the concerned residents to proceed. The mayor requested that this be resolved before proceeding. Marty was informed by the residents that the letter would be in the office on September 7th or 8th. Marty went on to talk about the base mapping for future expansion. He said Michael Krech, City of Lino Lakes Engineering Department, did an excellent job on this project. Jeff Schoenbauer took Michael's information and incorporated it into the master plan for half the cost or less than what it would have normally cost the city. What Marty would like to get done now is grading and putting the trails in. There was discussion on a temporary culvert that is going to be put in so equipment can be brought in to do the trail work. Amy asked about traffic and parking. Marty felt parking was not going to be a problem, but, if it became a problem it would have to be posted residential parking only. Pam asked if the people were concerned that this was going to become a programmed park. Marty said this is a concern in all our parks not just this one. Joe wanted to know if the wetlands, west of the picnic area, would affect the trail. Marty responded yes, you can't place a permanent trail in a wetland. There was discussion about surrounding neighborhoods using this park. It was also asked if the Brandywood Park residents know this can happen. Joe said they are aware of this because it was addressed in their letter to the city. 4 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 Joe suggested that the next pre -meeting be at the Brandywood Park. Rice Lake Estates - There is a couple of issues with this park. One is the two lots that are in need of improvements. Marty said he, the Corps of Engineers, and Rice Creek Watershed were questioning the need for a permit. He has sent all the information to the Corps of Engineers and they determined that we definitely need a permit to do this work. Marty said President Clinton has legislation on his desk pertaining to lot filling of residential lots. He said the Corps of Engineers said we could wait and see if the president signs the legislation because it would pertain to these lots. Jim Keinath from the City of Circle Pines and their lawyers were working on language changes to the joint agreement. Jim thought they were to wait unit the master plan was done Marty told Jim the agreement should be completed so we know we have an agreement before money is put into the master plan. Jim will contact the attorneys and get them working on it again so he may be able to bring something to the next Park Board meeting. Athletic Complex - Marty reported that he and George are still meeting with residents to shop for another piece of property. He said that sometime in September or October he should have a response back on the grant that was submitted on the original site. Living Waters Church Trail - Marty has received bids on this project and is ready to start the work. There has been a little modification to the trail where it comes out on Birch Street and wraps around the church. It involves some culvert design. John Powell is working with him on the change. Recreation Programs: Adult summer softball is over and it was a big success again this year. The playground program is also over and it seemed to go over well. He and Barry were talking over new programs last week and they may have a kid/parents camp -out next year. 5 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 Safety Camp will be held on Thursday, August 10, at Rice Lake Elementary School. It is a joint effort between the Lino Lakes Park and Recreation Department, Centennial Fire District, Circle -Lex and Lino Lakes Police Department. The cost is $10 and it is a great event that the kids really seem to enjoy. Marty encouraged members to attend this event if they were able to. Joe asked if there was a limited number that could enroll. Sandie reported that 100 kids to participate and approximately 80 kids had already registered. Country Lakes Park Swimming Beach: Marty said that a daily count was taken this summer and many times there were six people or more swimming and using this area. Joe said he felt the usage would go up when this park becomes more developed. It was suggested that this topic be discussed at the goal setting meeting. Performance In the Park: The performances sponsored by Target Industries, through the Friends of the Park Foundation went well this summer. The number of people attending varied but overall, attendance was great. The Friends sold T-shirts and popcorn at the performances. Friends of the Park: The Friends of the Park will not meet in August. They are working on a form that would release them from liability if someone funnels a piece of equipment, through them, to the City of Lino Lakes. They are also working on setting up an initial meeting for the golf tournament they would like to hold next fall. Recognition plaques have been ordered for the picnic tables and irrigation system. There was discussion about having a farmers market in the park next summer. Marty has found someone that would be interested in managing this project. Pam said this has been a popular event in other cities and asked when this would be done. Marty wasn't sure if it would be during the week or on weekends. He is going to meet with Dan at Waldoch's to check and see if Sunrise Park would be a good location and 6 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 see if they would be interested in participating in a farmers market/flea market. ADA: Marty told the board that he has gotten City Council approval to hire an ADA Coordinator. He will be updating the board as he goes along. Butterfly Garden: Girl Scout Troops 417 and 241 put a flower plot at Shores of Marshan Park. They will be putting interpretive signing by this butterfly garden. He told members that this looks very nice and invited them to come and see what has been done. He reported that there has already been an increase in butterflies around the garden. Marty said there are several boy scouts that are looking for projects too. He has several ideas and will pass them along to the scouts. He asked the members to let him know if they had any project ideas. Amy said this was something that could be put in the residents library at City Hall. She asked Marty to check with the girls and see if they would mind putting their information in the library so it can be shared with Lino Lakes residents. Other UlDdates and Old Business: Marty included a report, in members packets, that was submitted to the Lino Lakes Police Department concerning two break-ins at Sunrise Park shelter. He said he understood that there has been some apprehensions on this vandalism. He will keep the board informed on any recovery. The sad thing about this is that it takes valuable staff time to secure, fix and repair, therefore, taking time away from other important projects that need to be completed. Amy said we should make an example of these people. They should be put to work to repair/cleanup what was destroyed. Pam thought that this might be out of the Cities hands _ because the county takes it over. Marty has been meeting with Jeanie Kenow on CEPTED and one things she continues to bring out is that lighting can make a difference in an area. CITY OF LINO LAKES PARK BOARD MEETING MONDAY, AUGUST 7, 1995 Amy said we need to stay on top of this and we should get the word out that there are neighborhood watch groups that do keep an eye on things. Schedule of Goal Setting Meeting: The meeting will be Wednesday, September 20 at 6:30pm at the Park and Recreation Building. Schedule of September Park Board Meeting: The next Park Board meeting will be held on Monday, September 11, 6:30pm at City Hall. We will have to hold the meeting in another room because there is a City Council meeting scheduled for that evening. Adjourn: Pam Taschuk made a motion to adjourn, seconded by Betty Piper. Meeting was adjourned at 8:OOpm. 8 DISBURSEMENTS SEPTEMBER 25, 1995 Page: 1 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount Checking Account 1010 1994 CONSTRUCTION FUND BONINE EXCAVATING(CONTRACTOR SERV/C LAKE EST) 25,716.15 BONINE EXCAVATING(CONTRACTOR SERV/HODGSON ROAD) 14,803.56 FOREST LAKE CONTRACTING, INC.(CONTRACTOR HWY 49/LAKE DR) 307,334.91 RICHARD KNUTSON, INC.(CONTRACTOR/COUNTRY LK EST) 10,029.96 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/HWY 49 & LAKE) 675.00 Total for Department 358,559.58 Total for Fund 358,559.58 APOLLO DRIVE CONSTRUCTION FUND APOLLO DRIVE * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/APOLLO DRIVE) 270.00 Total for Department 270.00 Total for Fund 270.00 CAPITAL IMPROVEMENTS PROJECTS POLICE DEPARTMENT ANOKA COUNTY(REIMBURSE LLPD SQUAD) 9.00 Total for Department 9.00 Total for Fund 9.00 COMMUNITY DEVELOPEMENT BLOCK GRANT * NORTHWEST ASST CONSULTANT, INC(PLANNING CONSULTANT) 228.60 Total for Department 228.60 CONTRACTORS DEPOSITS E. G. RUD & SONS, INC.(SURVEY WORK) EXPRESS MESSENGER, INC.(MESSENGER SERVICE) OSM, INC.(ENGINEER SERV/MARSHAN L COND) Total for Fund 228.60 680.00 10.58 5,934.38 Page: 2 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) * PRESS PUBLICATIONS, * PRESS PUBLICATIONS, * WILLIAM G. HAWKINS * WILLIAM G. HAWKINS * WILLIAM G. HAWKINS INC.(PUBLICATION/TRAPPERS CROSS) INC.(PUBLICATION/CLEARWATER CREEK) & ASSOCIATE(MUN ATTORNEY/WILLOW PONDS) & ASSOCIATE(MUN ATTORNEY/MAG-CON) & ASSOCIATE(MUN ATTORNEY/TRAPPERS CROSS) Total for Department Total for Fund DEDICATED PARKS * BRYAN ROCK PRODUCTS, INC.(CLASS 5) * INTERSTATE LUMBER, INC.(SUPPLIES) OSM, INC.(ENGINEERING SERV/C LAKES PK) TURF SUPPLIES, INC.(SUPPLIES) Total for Department Total for Fund GENERAL ADMINISTRATION * A T & T(MONTHLY SERVICE) ANOKA COUNTY CHAMBER OF COMMER(1995 MEMBERSHIP DUES) * HEALTH PARTNERS(INSURANCE) * NYSTROM PUBLISHING COMPANY, IN(QUARTERLY NEWSLETTER) * PRESS PUBLICATIONS, INC.(PUBLICATION) SCHUMACHER, RANDALL B.(MEAL) SIGNS BY NORTHLAND, INC.(NAMEPLATE) * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY) Total for Department BUILDING INSPECTIONS * A T & T(MONTHLY SERVICE) * HEALTH PARTNERS(INSURANCE) Total for Department CHARTER COMMISSION Amount 79.69 102.00 135.00 675.00 135.00 7,751.65 7,751.65 7,191.91 83.29 619.20 835.28 8,729.68 8,729.68 26.68 195.00 1,352.71 1,250.80 48.87 8.79 21.30 180.00 3,084.15 3.20 390.01 393.21 LEAGUE OF MN CITIES(CONSULTATIONS/DRAFT/PREP) 523.20 * PRESS PUBLICATIONS, INC.(PUBLICATION) 7.44 Total for Department 530.64 Page: 3 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount CONSULTANTS * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY) * WILLIAM G. HAWKINS & ASSOCIATE(MUNICIPAL ATTORNEY) 1,705.00 7,488.20 Total for Department 9,193.20 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) * HEALTH PARTNERS(FLEX INSURANCE) * LAKESIDE AUTO & PAINT(REPAIR/REFINISH) * METRO COUNCIL WASTEWATER SERVI(SAC CHARGES - AUGUST) * METRO COUNCIL WASTEWATER SERVI(SAC CHARGES - AUGUST) ECONOMIC DEVELOPEMENT 5.55 451.68 220.38 15,300.00 -153.00 Total for Department 15,824.61 * A T & T(MONTHLY SERVICE) 5-.15 LAFOREST, MARY(4TH QTR BANNER CONTRACT) 300.00 * LIGHTNING PRINTING, INC.(PRINTING SERVICE) 90.58 * NYSTROM PUBLISHING COMPANY, IN(QUARTERLY NEWSLETTER) 312.70 Total for Department 708.43 ELECTIONS AND VOTER REGISTRATION * PRESS PUBLICATIONS, INC.(PUBLICATION) 17.00 Total for Department 17.00 ENGINEERING/PLANNING DEPARTMENT * A T & T(MONTHLY SERVICE) 16.42 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 44.66 AMERICAN PUBLIC WORKS ASSOCIAT(MEMBERSHIP FEE) 90.00 AMERICAN PUBLIC WORKS ASSOCIAT(MEMBERSHIP) 292.00 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 55.91 * HEALTH PARTNERS(INSURANCE) 1,195.17 * LIGHTNING PRINTING, INC.(PRINT SERV -20/20 VISION) 385.53 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 * NORTHWEST ASST CONSULTANT, INC(PLANNING CONSULTANT) 2,359.46 OFFICEMAX(SUPPLIES - 20/20 VISION) 84.24 SIGNS BY NORTHLAND, INC.(NAME PLATE) 21.30 * UNIVERSITY OF MINNESOTA(WORKSHOP) 50.00 FINANCE * A T & T(MONTHLY SERVICE) * HEALTH PARTNERS(INSURANCE) Total for Department 4,598.95 31.70 474.91 Page: 4 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) SMITH MICRO TECHNOLOGIES, INC.(NETWORK SUPPORT) TAUTGES,REDPATH & CO, LTD(TAX EXEMPT -SENIOR CENTER) FIRE DEPARTMENT Amount 348.25 371.50 Total for Department 1,226.36 * HEALTH PARTNERS(INSURANCE) 415.15 Total for Department 415.15 FLEET MANAGEMENT * A T & T(MONTHLY SERVICE) 4.20 * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 41.21 * COAST TO COAST, INC.(SUPPLIES) 8.10 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 85.26 PIONEER RIM AND WHEEL COMPANY,(PARTS) 129.65 STANDARD SPRING & ALIGN(U-BOLTS) 48.79 TRACY FUELS, INC.(FUEL) 1,153.75 UNIVERSITY OF MINNESOTA(WORKSHOP (2) 100.00 Total for Department 1,570.96 FORESTRY DEPARTMENT * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 20.19 * HEALTH PARTNERS(INSURANCE) 415.15 * INTL OFFICE SYSTEMS, INC.(COPIER MAINTENANCE) 4.23 Total for Department 439.57 GOVERNMENT BUILDINGS * A T & T(MONTHLY SERVICE) 77.24 BROWNING -FERRIS INDUSTRIES, IN(MONTHLY SERVICE) 290.00 * COAST TO COAST, INC.(SUPPLIES) 51.40 DALCO, INC.(SUPPLIES) 48.03 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 3.94 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 71.69 MN. CONWAY FIRE & SAFETY, INC.(RECHARGE/CHEMICALS) 24.00 SUNSHINE LIGHTING COMPANY, INC(SUPPLIES) 143.77 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 1,282.28 PARK BOARD DONLIN, AMY(QUARTERLY STIPEND) JOHNSON, KENNETH(QUARTERLY STIPEND) LANE, SHARON(QUARTERLY STIPEND) LINDY, GEORGE(QUARTERLY STIPEND) PIPER, BETTY A.(QUARTERLY STIPEND) Total for Department 1,992.35 150.00 150.00 150.00 225.00 150.00 Page: 5 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount SCHMIDT, JOE(QUARTERLY STIPEND) TASCHUK, PAM(QUARTERLY STIPEND) PARKS DEPARTMENT 150.00 150.00 Total for Department 1,125.00 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) CIRCLE PINES, CITY OF(MONTHLY SERVICE) * COAST TO COAST, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * HEALTH PARTNERS(INSURANCE) * INTERIOR COMM SYSTEM, INC.(TRIP CHARGE/LABOR) * INTERSTATE LUMBER, INC.(SUPPLIES) * INTL OFFICE SYSTEMS, INC.(COPIER MAINTENANCE) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * NYSTROM PUBLISHING COMPANY, IN(QUARTERLY NEWSLETTER) * PETTY CASH(SUPPLIES) * SKILLPATH, INC.(SEMINAR) * US WEST COMMUNICATIONS(MONTHLY SERVICE) PLANNING AND ZONING BOARD 26.30 12.76 6.42 22.60 1.05 1,145.17 49.50 127.70 25.36 4.26 260.55 938.13 3,19 99:00 117.51 Total for Department 2,839.50 GELBMANN, RICK(QUARTERLY STIPEND) HERR, GUY C.(QUARTERLY STIPEND) JOHNSON, WILLIAM C.(QUARTERLY STIPEND) MESICH, THOMAS(QUARTERLY STIPEND) ROBINSON, AL(QUARTERLY STIPEND) SCHAPS, JAMES(QUARTERLY STIPEND) SCHONES, EDWARD L.(QUARTERLY STIPEND) TIMESAVER OFF-SITE SECRETARIAL(SECRETARIAL SERVICE) POLICE DEPARTMENT 150.00 150.00 150.00 150.00 150.00 225.00 150.00 85.50 Total for Department 1,210.50 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 124.16 * HEALTH PARTNERS(INSURANCE) 1,899.98 * LAKESIDE AUTO & PAINT(REPAIR/REFINISH) 500.00 NO SUBURBAN FAMILY PHYS. SH(PHYSICALS (2) 315.00 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 390.26 OTTER LAKE ANIMAL CARE CENTER(ANIMAL CONTROL) 167.74 PETTY CASH(UPS) 29.53 PETTY CASH(BATTERIES) 10.03 PETTY CASH(CERTIFICATION FEE) 15.00 STREICHER'S, INC.(GRILLE LIGHT KIT) 42.55 THOMPSON AND VRAA(PERSONNEL EVALUATION (2) 600.00 Total for Department 4,094.25 Page: 6 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount RECREATION DEPARTMENT * A T & T(MONTHLY SERVICE) 0.16 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 54.18 * HEALTH PARTNERS(INSURANCE) 390.01 * INTERIOR COMM SYSTEM, INC.(TRIP CHARGE/LABOR) 49.50 * INTL OFFICE SYSTEMS, INC.(COPIER MAINTENANCE) 54.94 * LIGHTNING PRINTING, INC.(PRINTING SERVICE) 59.53 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 MRPA(WORKSHOP) 40.00 * NYSTROM PUBLISHING COMPANY, IN(QUARTERLY NEWSLETTER) 938.13 PACK-O-FUN(SUBSCRIPTION) 14.97 * PETTY CASH(SUPPLIES) 7.03 * PETTY CASH(SUPPLIES) 9.57 Total for Department 1,622.28 SOLID WASTE ABATEMENT DELARIAS KENTUCKY FRIED CHICKE(MEAL FOR RECYCLING DAY) * NYSTROM PUBLISHING COMPANY, IN(QUARTERLY NEWSLETTER) * PRESS PUBLICATIONS, INC.(PUBLICATION) TODORA, GAIL(RECYCLING FLYER) STREETS 136.94 312.70 53.60 20.00 Total for Department 523.24 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 33.87 * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 22.84 * BRYAN ROCK PRODUCTS, INC.(CLASS 5) 726.00 COMMERCIAL ASPHALT COMPANY, IN(ASPHALT) 2,742.78 COON RAPIDS MEDICAL CENTER(PHYSICAL) 72.00 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 16.90 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 25.53 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 6.42 * HEALTH PARTNERS(INSURANCE) 987.56 J & C EXCAVATING(HAULING ASPHALT) 850.50 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 NEWMAN TRAFFIC SIGNS, INC.(STREET SIGNS) 552.74 OSM, INC.(SEAL COATING) 1,488.55 RO-SO CONTRACTING, INC.(STREET REPAIR) 2,875.00 T.A. SCHIFSKY AND SONS, INC.(ASPHALT) 3,375.71 T.A. SCHIFSKY AND SONS, INC.(ASPHALT) 3,289.47 * UNIVERSITY OF MINNESOTA(WORKSHOP) 50.00 WARNING LITES OF MN, INC.(BARRICADES/FLASHERS) 175.00 Total for Department 17,295.13 Total for Fund 68,704.48 Page: 7 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount r PROGRAM RECREATTON HOFFMAN, JEANNE(REIMBURSE PROGRAM REC) 17.00 Total for Department 17.00 RECREATION DEPARTMENT COOPER, KEN(REIMBURSE PROGRAM REC) REHBEIN TRANSIT, INC.(TRANSPORTATION SERVICE) SEWER OPERATING SEWER DEPARTMENT 34.00 114.00 Total for Department 148.00 Total for Fund 165.00 * CURTIS 1000 INC.(UTILITY BILLS) 235.45 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 4.97 * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) 80.50 * HEALTH PARTNERS(INSURANCE) 322.35 * METRO COUNCIL WASTEWATER SERVI(MONTHLY CHARGE - OCTOBER) 21,267.00 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 1,033.28 * SKILLPATH, INC.(SEMINAR) 49.50 * TRUCK UTILITIES(UTILITY VEHICLE) 6,296.28 Total for Department 29,293.59 Total for Fund 29,293.59 WATER OPERATING WATER DEPARTMENT * A T & T(MONTHLY SERVICE) 0.15 * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 0.95 * CURTIS 1000 INC.(UTILITY BILLS) 235.46 FEED RITE CONTROLS, INC.(CHEMICALS) 5.00 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 6.91 * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) 80.50 * HEALTH PARTNERS(INSURANCE) 555.10 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 * NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 1,372.97 * SKILLPATH, INC.(SEMINAR) 49.50 * TRUCK UTILITIES(UTILITY VEHICLE) 6,296.28 Page: 8 Date: 09/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount Total for Department Total. for Fund Total for Checking Account 1010 ** Total ** * - Invoice split to different Departments 8,607.08 8,607.08 6,296.28 $482,318.66 Page: 1 Date: 09/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount Checking Account 1010 000052 - A T & T 164.90 000110 - A T & T WIRELESS SERVICE 159.01 000210 - AMERICAN FASTENERS OF MINNESOTA, IN 65.00 000277 - AMERICAN PUBLIC WORKS ASSOCIATION 382.00 000350 - ANOKA COUNTY 9.00 000422 - ANOKA COUNTY CHAMBER OF COMMERCE 195.00 000740 - BONINE EXCAVATING 40,519.71 000870 - BROWNING -FERRIS INDUSTRIES, INC. 290.00 000880 - BRYAN ROCK PRODUCTS, INC. 7,917.91 000930 - WILLIAM G. HAWKINS & ASSOCIATES 11,263.20 001110 - CIRCLE PINES, CITY OF 12.76 001170 - COMMERCIAL ASPHALT COMPANY, INC. 2,742.78 001194 - COAST TO COAST, INC. 65.92 001204 - COON RAPIDS MEDICAL CENTER 72.00 001206 - COOPER, KEN 34.00 001240 - CURTIS 1000 INC. 470.91 001270 - DALCO, INC. 48.03 001301 - DELARIAS KENTUCKY FRIED CHICKEN 136.94 001329 - DONLIN, AMY 150.00 001350 - E. G. RUD & SONS, INC. 680.00 001450 - EXPRESS MESSENGER, INC. 10.58 001480 - FEED RITE CONTROLS, INC. 5.00 001531 - FOREST LAKE CONTRACTING, INC. 307,334.91 001560 - FRATTALLONE'S HARDWARE, INC. 187.35 Page: 2 Date: 09/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001604 - GELBMANN, RICK 150.00 001608 - GENERAL OFFICE PRODUCTS COMPANY/INC 263.73 001680 - GOPHER STATE ONE -CALL, INC. 161.00 001825 - HEALTH PARTNERS 9,994.95 001833 - HERR, GUY C. 150.00 001849 - HOFFMAN, JEANNE 17.00 001940 - INTERIOR COMM SYSTEM, INC. 99.00 001970 - INTERSTATE LUMBER, INC. 210.99 001980 - INTL OFFICE SYSTEMS, INC. 84.53 002010 - J & C EXCAVATING 850.50 002095 - JOHNSON, KENNETH 150.00 002102 - JOHNSON, WILLIAM C. 150.00 002230 LAFOREST, MARY 300.00 002243 - LANE, SHARON 150.00 002270 - LAKESIDE AUTO & PAINT 720.38 002310 - LEAGUE OF MN CITIES 523.20 002340 - LIGHTNING PRINTING, INC. 535.64 002355 - LINDY, GEORGE 225.00 002555 - MESICH, THOMAS 150.00 002570 - METRO COUNCIL WASTEWATER SERVICES 36,414.00 002694 - MINNCOMM PAGING, INC. 25.56 002870 - MN. CONWAY FIRE & SAFETY, INC. 24.00 003050 - MRPA 40.00 003180 - NEWMAN TRAFFIC SIGNS, INC. 552.74 003250 - NORTHERN STATES POWER, INC. 3,057.06 003320 - NORTHWEST ASST CONSULTANT, INC. 2,588.06 Page: 3 Date: 09/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003347 - NO SUBURBAN FAMILY PHYS. SH 003370 - NYSTROM PUBLISHING COMPANY, INC. 003390 - OFFICEMAX 003430 - OSM, INC. 003443 - OTTER LAKE ANIMAL CARE CENTER 003455 - PACK -O -FUN 003491 - PETTY CASH 003492 - PETTY CASH 003511 - PIONEER RIM AND WHEEL COMPANY, INC. 003521 - PIPER, BETTY A. 003600 - PRESS PUBLICATIONS, INC. 003730 - REHBEIN TRANSIT, INC. 003783 - RICHARD KNUTSON, INC. 003800 - RO-SO CONTRACTING, INC. 003805 - ROBINSON, AL 003915 - SCHAPS, JAMES 003935 - SCHMIDT, JOE 003985 - SCHONES, EDWARD L. 004001 - SCHUMACHER, RANDALL B. 004003 - SKILLPATH, INC. 004010 - SIGNS BY NORTHLAND, INC. 004030 - SMITH MICRO TECHNOLOGIES, INC. 004140 - STANDARD SPRING & ALIGN 004240 - STREICHER'S, INC. 004280 - SUNSHINE LIGHTING COMPANY, INC. 004340 - T.A. SCHIFSKY AND SONS, INC. 315.00 3,752.46 84.24 8,042.13 167.74 14.97 19.79 54.56 129.65 150.00 308.60 114.00 10,029.96 2,875.00 150.00 225.00 150.00 150.00 8.79 198.00 42.60 348.25 48.79 42.55 143.77 6,665.18 Page: 4 Date: 09/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 004367 - TASCHUK, PAM 150.00 004370 - TAUTGES,REDPATH & CO, LTD 371.50 004416 - THOMPSON AND VRAA 600.00 004427 - TIMESAVER OFF-SITE SECRETARIAL 85.50 004456 - TODORA, GAIL 20.00 004470 - TRACY FUELS, INC. 1,153.75 004510 - TRUCK UTILITIES 12,592.56 004530 - TURF SUPPLIES, INC. 835.28 004640 - UNIVERSITY OF MINNESOTA 200.00 004670 US WEST COMMUNICATIONS 1,399.79 004770 - WARNING LITES OF MN, INC. 175.00 Total for Checking Account: 1010 482,318.66 ** Total ** $482,318.66 PLANNING & ZONING BOARD September 13, 1995 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE September 13, 1995 TIME STARTED : 6:35 p.m. TIME ENDED 7:30 p.m. MEMBERS PRESENT: Gelbmann, Herr, Johnson, Mesich, Schaps, Schones Robinson Planning Coordinator Wyland, Planning Consultant Brixius, Building Official Kluegel MEMBERS ABSENT ALSO PRESENT . I. CALL TO ORDER AND ROLL CALL: II. APPROVAL OF MINUTES: Ed Schones made a MOTION to approve the minutes of the August 9, 1995 meeting as submitted and was supported by Rick Gelbmann. All voted aye. Motion carried. III. APPROVAL OF AGENDA: There were no changes or additions to the agenda. IV. OPEN MIKE: Chair Schaps declared the Open Mike portion of the meeting opened at 6:39 p.m. No one approached the Board at this time. Ed Schones made a MOTION to close the Open Mike portion of the meeting and was supported by Tom Mesich. All voted aye. Motion carried. Open Mike portion was closed at 6:39 p.m. V. PLANNING ITEMS: A. 95-25-S, Diary Queen, 7960 Lake Drive, Site Plan Review. Planning Coordinator Wyland presented a staff report outlining a request for site plan review. Mr. Ronald Hoffman has purchased the property at 7960 Lake Drive, south/east corner of Lake and James, and would like to construct a Dairy Queen. Ms. Wyland noted the proposed building is designed to meet the setback requirements of the Zoning Code. The drive-through lane, however, is shown as five foot from the property line and a ten foot setback is required. She recommended that the ten foot setback be maintained and those waiting for service be directed toward the parking area on the east side of the building. PLANNING & ZONING BOARD September 13, 1995 Ms. Wyland indicated a landscaping plan has been provided and reviewed by the City Forester who recommended some minor changes to the species selected for the south/west corner of the site to insure the height does not block visibility. Ms. Wyland noted the proposed construction will be a welcome addition to the Central Business District. The existing building is to be removed and the new construction should greatly enhance the looks of the area. Ms. Wyland noted staff would recommend the 28+/- spaces would be adequate to serve the site. Ms. Wyland reported the owner's architect has reviewed these plans with MnDot and determined that access will be limited to James Street. An in/out driveway arrangement is provided. The City Engineer has concurred that this arrangement is acceptable. Ms. Wyland indicated staff would recommend and welcome approval of the Dairy Queen site plan with the following conditions: 1. A building permit shall be required prior to any construction. The permit fee shall include 1% of construction costs to insure completion of site improvements. 2. Sign permits shall be required for all signage. 3. A grading and drainage plan, signed by a certified engineer, shall be provided prior to issuance of any building permits and approved by the City Engineer. 4. The landscaping plan shall be reviewed and approved by the City Forester as to species type and location. 5. The parking area shall be paved with concrete curb and gutter according to City Standards. 6. Roof top heating and ventilating units shall be proper_3y screened. 7. The City Engineer shall review and approve the on-site septic plans. 8. Parking spaces shall be provided according to the staff recommended calculation. A minimum of 16 spaces shall be provided with handicapped parking according to ADA Rules and Regulations. Mr. Schones inquired as to where the septic system would be on the property. Ms. Wyland pointed out the location on the overhead transparency map. Mr. Schones asked how many feet would be required for the drainage system. Mr. Ronald Hoffman, petitioner, 2 PLANNING & ZONING BOARD September 13, 1995 explained the sewer design and noted the system is over sized by 300 gallons and is rated at 600 gallons per day. Mr. Hoffman noted the water usage is very minimal. Mr. Johnson inquired as to what will be done regarding the drive-through lane. Mr. Hoffman indicated they would comply with City requirements, if the ten foot setback is used, they would eliminate an escape lane in the drive through. He noted this is not preferred, but they would comply. Ms. Wyland questioned where deliveries would be made. Mr. Hoffman noted 85% of the deliveries are made prior to the opening of business, and they have only one supplier. There would be only one delivery, not several deliveries. Consulting Planner Brixius inquired if the delivery is by semi -truck and would they enter by James. Mr. Hoffman indicated this is correct. Mr. Brixius then suggested that a condition could be added requiring that deliveries be made "before hours". Mr. Hoffman did not have a concern with that request. Mr. Brixius noted for observation, it is nice to have the escape lane in regard to the drive-through, to prevent stacking. Mr. Gelbmann inquired as to the property to the south. Ms. Wyland indicated it is the His/Hers Salon. Mr. Gelbmann inquired if there would be outdoor seating. Mr. Hoffman indicated they would set up a picnic area with tables in front of the building. Mr. Schones inquired if the adjacent property had been contacted regarding this application. Ms. Wyland indicated they had not been contacted, but the property has been for sale for some time. Ms. Wyland indicated they could be contacted prior to the City Council meeting. Mr. Mesich inquired if there would be a privacy fence for screening to the adjacent property. Ms. Wyland indicated this was reviewed, but it was staff's feelings that the trees were adequate screening. Mr. Mesich inquired if there is an in-between setback amount that could be used for the drive through lane. Mr. Ray Raffel architect for the project indicated it is preferred to have at least 19 feet. 3 PLANNING & ZONING BOARD September 13, 1995 Mr. Mesich inquired if the employees would be locally hired. Mr. Hoffman indicated there would be approximately 25-30 employees hired from the area. Mr. Herr inquired if there are road restrictions on James Street. Ms. Wyland believed there are restrictions in the spring. Mr. Herr indicated in regard to the five foot setback, a variance should be granted to allow for the escape lane. Ed Schones made a MOTION to approve Application 95-25-S, Dairy Queen, 7960 Lake Drive, Site Plan Review subject to the conditions outlined by staff, and the additional conditional that deliveries be made "before hours". He was supported by Rick Gelbmann. All voted aye. Motion carried. Ms. Wyland indicated this application will be before the City Council at their September 25, 1995 regular meeting. Mr. Brixius indicated the motion does not directly address the suggestion of a variance, a recommendation of variance would be appropriate. Ed Schones made a MOTION to approve a five foot setback variance for the southern property line and was supported by Guy Herr. Mr. Mesich expressed some concern for granting the variance. Mr. Brixius read the findings for a variance. He noted the site design complies with setback requirements off James Street. Chair Schaps indicated the Board would not want to take space from the parking lot or the sidewalk area. Further discussion was held regarding the variance and concurrence among the P & Z that the variance findings of fact could be justified in this case. The motion carried 5-1 with Commissioner Johnson opposed. B. 95-26-S, Carl Buechler, 6974 Lake Drive, Site Plan Review to Move House into City. Planning Coordinator Wyland reviewed the staff report outlining the request for site plan review to move a home from 1 Willow Road in North Oaks onto a site at 6974 Lake Drive (two lots south of the Surfside Seaplan Base). 4 PLANNING & ZONING BOARD September 13, 1995 Ms. Wyland noted the proposed dwelling can be located on the lot so as to conform to the setback requirements of the Zoning district and Shoreland Management Ordinance. The structure will be located on the lot to blend with the adjacent homes. In relations to the adjacent homes, the structure to be moved in appears to be of equal or greater value. Ms. Wyland indicated the Building Official has inspected the dwelling to be relocated and indicates that it is approximately 25 years old with a new cedar shake roof. The electrical and mechanical systems are up to code. Ms. Wyland indicated staff recommend approval of this request with the following conditions: 1. Proper building permits be obtained prior to construction. 2. Sewer and water utilities be extended to serve the site or an on-site system be designed by an authorized septic system designer and approved by the City Engineer prior to the issuance of any building permits. 3. The new dwelling shall be located on the lot so as to blend with the adjoining residential homes and conform to all setback requirements. Bill Johnson made a MOTION to approve Application 95-26- S, Carl Buechler, 6974 Lake Drive, Site Plan Review to Move House into City and was supported by Rick Gelbmann. All voted aye. Motion carried. VI. DISCUSSION: Ms. Wyland indicated the Commissioners should have received a final report from the 20/20 Vision Community Group. If the Board desires to have the chairman of the various committees scheduled at one of its meetings, staff could do so. Ms. Wyland noted the Park Board has scheduled discussion with the Parks Advisory Group Chairperson. Ms. Wyland indicated perhaps the Chair and Co -Chair of the Growth and Development Committee could present their recommendations and if the Board had any questions, they could ask at that time. Chair Schaps indicated that would be appropriate. Ms. Wyland also reported that the property owner and contractor have responded to her letter concerning placement of dirt on the corner of Birch and Hodgson Road. Apparently the stockpiling is very temporary in nature and should contain about 1400 cubic yards by 5 PLANNING & ZONING BOARD September 13, 1995 October lst. No permit has been required to date. Silt fence is currently surrounding the site and material is being hauled out on a regular basis. VII. ADJOURNMENT: Tom Mesich made a MOTION to adjourn the meeting at 7:30 p.m. and was supported by Bill Johnson. All voted aye. Motion carried. 6 AGENDA ITEM 4 E STAFF ORIGINATOR Mary Kay Wyland DATE TOPIC ACK ROUNND September 22, 1995 Marshan Lane - Easements for drainage, utility and roadway purposes Mr. Mike Winge has requested permission to construct a home on a parcel of property on the south side of what is known as Marshan Lane. In researching City records it was determined that the street right-of-way and existing cul-de-sac on Marshan Lane were never officially dedicated to the City. We have, therefore, requested that the property owner provide the City with a Quit Claim Deed for this right of way. Attached for Council information, are copies of those deeds. OPTIONS 1. Accept Quit Claim Deeds for Drainage, Utility and Roadway Purposes on Marshan Lane 2. Return to staff for further consideration ............................................................... • >RECOIMEND TION Option 1 (612) 464.5222 For: Raymond Rehbein Form No. 2028-28M —QUIT CLAIM DEED Individual(s) to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) tiled ( ) not required Certificate of Real Estate Value No. By . 1 9 County Auditor Deputy STATE DEED TAX DUE HEREON: S Date: September 20 1995 Walter S. Booth—SI. Paul Minnesota Uniform Conveyancing Blanks (1978) (reserved for recording data) FOR VALUABLE CONSIDERATION, Michael D . Wince and Cheryl Winge_,_ Husband & Wife hereby convey(s) and quitclaim(s) to (marital status) The City of Lino Lakes Grantor(s), a Municipal Corporation under the laws of Minnesota Grantee. real property in Sika County, Minnesota, described as follows: An easement for street, utility and drainage purposes across that part of the following described property lying within the circumference of a circle having a radius of 60 feet and the center of said circle being point A. That part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota, described as follows: Begin at a point on the south line of said Southeast Quarter, distance 1013.21 feet east from the southwest corner thereof; said line bears north 89 degree 56 minutes east; thence North 13 degrees, 59 minutes East, 281.80 feet to a point hereinafter called point A; thence South 46 degrees, 01 minutes East, 324.20 feet to the east line of said Southeast Quarter of Northwest Quarter; thence south 00 degrees, 04 minutes West along said east line 50.85 feet to the southeasts corner thereof; thence South 89 degrees, 56 minutes West 298.56 feet to the point of beginning. (if more space is needed. continue on back) tooethcr with all hereditaments and appurtenances belonging thereto. STATE OF MINNESOTA COUNTY OF Anoka 0-27 lite foreo<)it1! instrument 'vas acknowledged before me this__ZOth day of_September by Michael D. Winge and Cheryl P. Winge, Husband Wife SOT:\RI:\I_ ST Utt' OR SF AL (OR OTHER TITI_F OR RANK ) LARRY A. HEIMOAL NOTARYPUBUC-MINNESOTA 199.5_ Grantor(s). in No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value By County Auditor Deputy STATE DEED TAX DUE HEREON: $ Sept. Y - 20- 19._25 (reserved for recording data) FOR VALUABLE CONSIDERATION Raymond A. Rehbein & Dorothy Rehbein Husband and Wife Grantor(s). (marital status) hereby convey(~) and quitclaim(s) to The City o f _L i n.o---..Lakes u Mnici al Corporation Minnesota a Municipal P _-- under the laws of real property in Anoka County, Minnesota. described as follows: A easement for street, utility and drainage purposes commencing at the s.utheast corner of the following described Quarter, Quarter; thence north 0�1 degrees, 04 minutes, East assumed bearing along the east line thereof 269.91 f et; thence North 66 degrees, 01 minutes, West 212.56 feet to the point of beginning of the road easement; thence continuing North 66 degrees, 01 minutes W st 30 feet; thence South 23 degrees, 59 minutes, West 40 feet; thence South 6 degrees, 01 minutes, East 30 feet; thence North 23 degrees, 59 minutes East 4a feet to the point of beginning; and Grantee. At easement for street, utility and drainage purposes across that part lying within the circumference of a circle having a radius of 60 feet and the center b-ing point "A" of the following described property -T at oart of the Southeast Quarter of the Northwest Quarter of Section 17, T.wnship 31, Range 22, Anoka Co(IliatYp6ceWeracMr2rtAf,CObaCIgscribed as follows: C.mme na �at� ,that cis.outhements ta)stfplctotrtnler soflt�saidg tl�Oeaorter, Quarter; thence North STATE OF MINNESOTA COUNTY OF. Anoka The foregoing instrument was acknowledged before me this 20ti-_.-.-day of September by _Raymond A. Rehbein &_Dorothy Rehbein, Husband and Wife .rs. NOTARIAL_ STAN -II' OR SEAL (OR OTHER TITLE OR R,\NK) 19 95 Grantor(s). GO degrees, 04 minutes, East, assumed by along east line thereof 249.91 feet; thence North 66 degrees, 01 minutes, West 810.56 feet to the southeasterly right-of-way line of old Trunk Highway No. 8, and point of beginning of land to be described; thence North 24 degrees, 56 minutes, East along said right-of-way line to a point 938.14 feet northeasterly (as measured along said right-of-way line) of south line of said Quarter, Quarter; thence South 66 degrees, 23 minutes, East 242.6 feet; thence South 24 degrees, 14 minutes, west 213.98 feet; thence South 67 degrees, 07 minutes, East 527.8 feet to east line of said Quarter, Quarter; thence South 00 degrees, 04 minutes, West along said East line to a point 269.91 feet north of southeast corner of said Quarter, Quarter; thence North 66 degrees, 01 minutes, West 212.56 feet; thence South 23 degrees, 59 minutes, West 91 feet to center of 50 foot radius circle, said point hereinafter called point "A"; thence South 13 degrees, 59 minutes, West 281.8 feet to south line of said Quarter, Quarter; thence South 89 degrees, 56 minutes, West along said south line to a point 384.89 feet West of southeast corner of said Quarter, Quarter; thence North 4 degrees 36 minutes, East 63 feet; thence North 34 degrees, 45 minutes, West 200 feet; thence North 55 degrees, 30 minutes, West 85 feet; thence North 72 degrees, 16 minutes, West 301.27 feet to said easterly right-of-way line of said road; thence North 24 degrees, 56 minutes, East, along said right-of-way line to point of beginning. T I Individuals) to Corporation or Partnership No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.. By , 19 County Auditor Deputy STATE DEED TAX DUE HEREON: $ Date: September 20 , 19 95 Minnesota Uniform Conveyancing Blanks (1978) (reserved for recording data) FOR VALUABLE CONSIDERATION, Michael D . Wing and Cheryl P. Winge Husband & Wife Grantor(s), hereby convey(s) and quitclaim(s) to , Grantee, a Mun pal Corporation under the laws of Minnesota real property in Anoka County, Minnesota, described as follows: (marital status) The City of Lino Lakes n easement for street, utility and drainage purposes across the northwesterly 0 feet and also that part lying within the circumference of a circle having radius of 60 feet and the center of said circle being point A. of the ollowinq described parcel: that part of the Southeast Quarter of Northwest Quarter, Section 17, Township 1, Range 22, Anoka County, Minnesota, Described as follows: Commencing at th outheast corner of Southeast Quarter of Northwest Quarter; thence north 00 agrees, 04 minutes East assumed bearing along the east line of said Southeast uarter of Northwest Quarter a distance of 50.85 feet to the point of beginnin f property to be described; thence continuing North 00 degrees, 04 minutes Ea 4 distance of 219.06 feet; thence North 66 degrees, 01 minutes West a distance f 212.56 feet; thence South 23 degrees, 59 minutes West a distance of 91 feet o a point hereinafter called point A; thence South 46 degrees, 01 minutes Eas 'stance of 324.20 feet to a pf3lIfietp 3iln i°fIffif'Mack) together \\ ith all hereditaments and appurtenances belonging thereto. ti STATE OF MINNESOTA COUNTY OF .Anoka The foregoing instrument was acknowledged before me this_LQth day of September 19 95 by Michael D. Winge and Cheryl P.-Winge, Husband Wife_ ss. NOT.ARI:\I. ST,\\IP OR SI::\L IOR OTHER TITLE OR RANK) Grantor(s). 'NO 13 w LINO LAKES - ttYlll�,� REHABILITATION CENTER GEORGE WAT( 2 3 10 a 5 6 12 L RESHANAU LAKE STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 4 D Mary Kay Wyland August 22, 1995 Resolution No. 95-129, Setting Public Hearing for Consideration of Resolution Establishing City Housing and Redevelopment Authority For some time, the City of Lino Lakes has been considering the establishment of a Housing and Redevelopment Authority to assist in Providing decent and safe housing for citizens of Lino Lakes. In order to establish this Authority, a public hearing must be held to gather input. The attached Resolution No. 129, sets a Public Hearing to Discuss the consideration of a resolution creating a Housing uthority for the City of Lino Lakes. 0 DNS ;)-C>12-7 Nr)ce-- 14/5 11) 0- 1. Adoption Resolution No. 95-129 Setting a Public Hearing for C Monday, October 23, 1995 at 6:45 P.M. to Consider the Establishment of a City Housing and Redevelopment Authority for the City of Lino Lakes. 2. Return to staff for further consideration R OMMENDAT .ON Option 1 s Council Member introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-129 RESOLUTION SETTING PUBLIC HEARING FOR THE CONSIDERATION OF ESTABLISHMENT OF A CITY HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the City of Lino Lakes has determined that there may be a need for the City to Establish a Housing and Redevelopment Authority, and WHEREAS, a public hearing is required to establish this need, and WHEREAS, said public hearing must be set by the City Council of the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota hereby sets a Public Hearing for Monday, October 23, 1995 at 6:45 P.M. to consider the establishment of a City Housing and Redevelopment Authority. Adopted by the Lino Lakes City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said Resolution was declared duly passed and adopted. STAFF ORIGINATOR DATE TOPIC Mary Kay Wyland August 22, 1995 Livable Communities Act Resolution No. 95-125 This past session, the Legislature adopted the Livable Communities Act intended to assist communities in providing life cycle housing for the metropolitan area. Attached is a memo outlining the steps necessary for the City to participate in this program and the funding sources available along with a Resolution indicating our intent to participate in the program. 1. Adopt Resolution No. 95-125 2. Return to staff for further consideration '.ERDATION` Adopt Resolution No. 95-125 MEMORANDUM TO: Randy Schumacher FROM: Mary Ray Wyland DATE: September 13, 1995 SUBJECT: Livable Communities Act - Metro Council Following our meeting of September 7th with Tom Caswell, Mark Filipi and Jim Uttley of the Metropolitan Council and of September 9th with Brian Wessel and Mary LaForest, you asked that I prepare some information on the Livable Communities Act including steps to meet the requirements of the Act and what is the benefit to the City for participation in the program. The first step in the program would be the adoption of a resolution electing to participate. This resolution must be submitted to the Met Council by November 15, 1995. We have four Council meetings between now and 11/15 with the last meeting on November 13. A model resolution is attached for your information. This resolution outlines key points of the Act, summarizes the funding sources, indicates that a community is not eligible unless they opt to participate, stipulates that a community must negotiate housing goals with the Met Council by mid-December 1995 and prepare an action plan to achieve these goals by June 30, 1996. I have attached a copy of some "Principles" the City may want to adopt as a portion of our Housing Goals Agreement. As mentioned, the actual goals are to be negotiated with Met Council staff sometime prior to mid-December The purpose of the Act is to provide affordable housing throughout the metropolitan area. "Affordable" housing is defined as 80% of median for ownership (a $115,000 home in 1994) and 50% of median for rental ($500 per month in 1994). In return for this agreement, three funds are available for community use via grants and/or loans to assist in the provision of affordable and life -cycle housing. These funds include a Tax Base Revitalization Account ($6.5 million), the Livable Communities Demonstration Account ($4.6 million) and the Local Housing Incentives Account ($1 million). The Tax Base Revitalization Account is earmarked for cleaning polluted sites and providing increased economic development and jobs for area residents. The Livable Communities Demonstration Account can be accessed for more compact, efficient development close to transit with a variety of housing and employment opportunities. And the Local Housing Incentives Account is provided to create affordable and life -cycle housing. All three funding sources have potential benefit to the Town Center Project. The City may be able to access funds to provide "afffordable life -cycle" housing, enhance economic development, create jobs, or provide efficient and diverse housing options as part of the overall development plan for the Center. We have been advised by Met Council Staff that participation in the Livable Communities program may be considered by the Council in the review of "other items" such as our "MUSA Growth Area" request and the Land Exchange request. Additionally, a "report card" is to be forwarded to the Legislature in January indicating which communities have signed up for the program. Mr. Uttley, our liaison with the Metropolitan Council, has encouraged our participation. For the year 1996, there is no cost to the City's participation in the Livable Communities Act. A Metropolitan Council Affordable Life Cycle Fund will be developed for succeeding years that may place a cost on participation. However, the criteria for determining this cost has not been finalized. The Met Council representatives were sketchy, at best, on how this Fund will be determined and what can be used as a credit. In any event, there is no cost for the first year. In succeeding years, communities will have the opportunity to opt in or out of the program. If you would like me to expand on any of the information provided above, please let me know. Enc: CC: B. Wessel M. LaForest Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 75 /a'� RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNFI1ES ACT CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup finding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each munici- pality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life- cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Pro- gram must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life -cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life -cycle housing goals for each municipality; NOW, THEREFORE, BE IT RESOLVED THAT the City of Lino Lakes hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Ute-- ,)' 41/41\o tx AGENDA ,ITEM 4 A STAFF ORIGINATOR Mary Kay Wyland DATE August 22, 1995 TOPIC 95-25-S, Dairy Queen, 7960 Lake Drive, Site Plan Review Mr. Ronald Hoffman has purchased the property at 7960 Lake Drive, south/east corner of Lake and James, and would like to construct a Dairy Queen. The property is Zoned CB, Central Business District, and is 31,761 square feet in area or .729 acres. According to the Zoning ordinance, a site plan review is required for any commercial construction. The building is proposed to be 2,708.44 square feet in area. An "eat --in" area will be provided including a solarium and outside eating area for warmer months. A drive-through lane is also provided. The exterior finished is proposed as face brick with 4" Lap Siding. A typical Dairy Queen Mansard roof is proposed. Setbacks: The proposed building is designed to meet thesetback requirements of the Zoning Code. A 40' setback off Lake Qrive is proposed with a 15' setback for the parking area off JamesStreet. The drive-through lane, however, is shown as 5' from the property line. The City Code requires a 10' setback for a drivewat in the Central Business District. Several inconsistencies exist in the Ordinance as it relates to setback for driveways and parking area. 10' setback required in the LB, GB and CB Zoning Districts. 5 setback required in the LI and SC Districts. 5on the side and 10' on the rear for GI Districts. 10' on the rear and 5' on the side for PSP Districts. Section 4 of Subd. 28, Access Drives and Access, indicates that access drives can be no closer than 5' to any side or rear lot line. section 8 of Subd. 4, Design & Setback Requirements for Off -Street Areas, indicates that curbing can be no closer than 5' to any side property line. The Planning and Zoning Board recommended approval of a 5' variance to allow the drive-through to be located as shown on the plan. Due to the inconsistencies within the Ordinance, staff would concur with this recommendation and advise Council that we will be reviewing these setback requirements in the overall review of the Zoning Ordinance currently in process. Building Height: A maximum height of 45' is allowed by the Zoning Ordinance. The proposed building is well within this requirement. Green Area: The Zoning Ordinance requires a minimum green area of 15%, 34.6% is being provided. Landscaping: A landscaping plan has been provided and will be reviewed by the City Forester to insure durability of species. The Ordinance provides for buffering where a commercial property abuts a residential district. Along the east property line a large stand of trees including some Norway Pine exist that will screen the site from the adjoining residential area. The south property line is also screened with an existing stand of trees, mostly scrub trees, that separate the property in question from the His & Her's Beauty Shop to the south. The Beauty Shop owners have been contacted regarding the proposed development. They were pleased with the proposed improvement and the removal of the existing structure. They indicated a desire to have the existing fence between the two properties removed as it is unsightly. Aesthetic Compatibility: The proposed construction will be a welcome addition to the Central Business District. The existing building is to be removed and the new construction should greatly enhance the looks of the area. Off -Street Parking: The property owner is proposing approximately 28 parking stalls with 1 handicapped stall. The City's Parking Ordinance provides the following: Restaurant: 10 spaces/1,000 sq. ft. of dining area plus one space/employee/shift Drive In: 30 space/1000 sq. ft. of gross area Fast Food: 30 spaces/1000 sq. ft. of gross area Since the proposed construction is for a combination of eat -in and drive-through our Planning Consultant has recommended the following formula: 10 cars/1,000 square feet of net dining area 15 cars/1,000 square feet of net ordering area 1 car/employee at busiest shift Total: 16 cars Using the recommended formula, the 28 +/- spaces proposed are adequate to serve the site. Circulation and Access: The property owner's architect has reviewed these plans with MnDot and determined that access will be limited to James Street. An in/out driveway arrangement is provided. The City Engineer has concurred that this arrangement is acceptable. Loading & Trash Handling: Trash handling areas are located on the site plan and will be required to be properly screened. The Planning and Zoning Board recommended that deliveries be limited to "after" hours. Lighting: Off-street parking areas will be required to be illuminated so as to reflect light away from the adjoining properties. Signs: The proposed signs for the site appear to meet the requirements of the City's Sign Ordinance. Proper permits will be required prior to installation. Utilities: No utilities are available to serve the site at this time, therefore, an on-site system will be required. A mound system has been designed to serve the property and will require approval of the County Health Department prior to issuance of any permits. The Developer has also indicated an interest in city sewer and water when it does become available. Grading & Drainage: A grading and drainage plan signed by a certified engineer will be required prior to issuance of any building permits. Storm sewer is available to serve the site so on-site ponding will not be required. The Planning and Zoning Board reviewed this request at their September 13, 1995 meeting and recommended approval with the following with the following conditions: 1. A building permit shall be required prior to any construction. The permit fee shall include 1% of construction costs to insure completion of site improvements. 2. Sign permits shall be required for all signage. 3. A grading and drainage plan, signed by a certified engineer, shall be provided prior to issuance of any building permits and approved by the City Engineer. 4. The landscaping plan shall revised as recommended by the City Forester as to species type and location. 5. The parking area shall be paved with concrete curb and gutter according to City Standards. 6. Roof top heating and ventilating units shall be property screened. 7. The City Engineer shall review and approve the on-site septic plans. g 8. Parking spaces shall be provided accordin o the staff recommended calculation. A minimum of4) spaces shall be provided with handicapped parking accordi g to ADA Rules and Regulations. D .iv -'y e icl ha •ter -hours" very as recommendeby the Planning & Zo - :oar OPTIONS N `o ‘al �eA4. ©c ti J � S' &)c 1. Approve site plan with conditions outlined above 2. Return to staff for further consideration RECOMMENDATION Option 1 • Zp9P_WEIASICIFI NOMIN 11-eem55em352eevoEs LJ tt RQNDEAU 2' 441114P R/CE CREEK GEORGE WATCH LAKE �5 MARSHAN LAKE °��• c'XIST1 J' Aon l 8(.At7DP cog -5 J ��. A/ • I�OL1L - Huta/ 0 frP9 i P (A (N61°�7-�5) I`fi9',ii1 uID• t it .ol--i7 fiJI.S1 too) +r-{ IO,5I lo,ls 't'tia a Sr t�,(NLVNA t DItA1NA't- ,', /0�Lk./= jz,o //// -/ RPGc Nvt.GN / 50 f) T _ �9l0,0� Do / t 'ro. brLLue.± -Hrcu ��rlr5 7 pµltaAtiE ILA iuA4f Dn.AiNAkt, i I a il.o 4, 41' 44'I t Iu,SJ r l7ur1P Sit . ElJu.o riE / ,Ji441FZ,._ T (YM•117 w 1) 51.'0-••••. ra _-- 4M1i..tis / ab 11 0 i i�aTirMOO • Si: 1.. .1•W1 t< Pria1-iNct!i twf•s r -.4 .2 1 1 t8. MUG /5 �1. qua. a 5w•a 4,14WC-11,W •a 0 y1 --- (5e1•41'11'4) 285,7a'--- r'rY-YN�Y Nen- A.LTERwuTE TP.+Mla FV-O•1 LIVE of5o��a( WWI] 9E 10.0 1N1 Txu%-T U L 4 v1xx.O TMe.I ee 446' W WID S1T�—r SN-. ..'}/4141. I• . Z,. o' 1 14.4 = 1,./ O awwy a", y$ece.stm) {aipM y.Ly w/p,0, te t CRVNtiI ... P°hx I r, Pcsvu-cuwrst I. 10 4a4 Lk COO 1F.A 01•Wpq 4/15A L 18 0.4M1s ®"• YET ar. or ALIA '♦. 1 c.o. 0.101•1,..oiSS N mate t•tlrr 51T6. /.140 1W1AING1 DATA ciu9 GPL wL.1Tt ON S1 Aa_ CG ZITS0, 31,141 59,9c (.72.9 nc) .. ivyLi1,116H 'WSW. xn• papal. AL4••1115 qtwxti . I'S1 ua S_ ASA% of atzw408 a 11.4+ sa. ars (41oes) 1.... ootPt. (e 1• e1%xl25rPr ._ fr uM1s Pw-Y- J P.621v15e0• cats CSCE cNcuL..nous) •."a.a. lm,ruO Tout 142440•1a w -s p.1FKwy PWvtCM a 2b CA (11?1pC . , l t wool coca, tl',1a1) Amu .Wa Kaaaii(15%). SI,-tW 144)x15%• 4."1.4 4a.11t 4Kw.1‘0.101: ?AMU= 1.,1•• 14.n•.(5IA.%) rU .Oluy GOUsiWCTtoW TYPt + Y -u (5az .1•P. ,a,wwxM.t Push .a -Ca) PMA.O INy /t FAN G1 41.-oX 1111 II 11. t-� ISIS �IJt TII pop UL -E_ A V1DUR-Nvt-1,coNPACT MAO -414W GrzANNe:10-tet (v 113k)(2>-)Uk rQii.c2BuH) L.,. E Pr.t 'c s (:5p112-tA ,ARAN+ck) li MAPS, At -10 C Ac J 24" 1.3113 15° E3.1 2" cl 64'5 f:z/9faJTIU-a / G DL D Dr -or Q -4,-1-&71u,4, F v cos4) 2`t N g4 a w tfl MEMORANDUM TO: Mary Ray Wyland FROM: Marty Asleson DATE: September 12, 1995 SUBJECT: Landscaping Plan for Dairy Queen - Lake Drive I have reviewed the proposed landscaping plan for the Dairy Queen on Lake Drive. My only suggestion would be to consider an alternate to the Viburnum American Cranberry on the south west corner - this particular species grows to a height of 5' and may be a visibility problem at maturity. MA/mk IIllh11HhIIIllhII 111111 IIIftIuhiIuhuII IlliL9IIIliiu1ai !'III 1111111111=1111111i, t111111 NMI11.11.111 1111 1 1111,111011,11111 1111111111111111,111 1111111 TERIOR ELEIATION MC@C@Dil ..111...•••••• 0.....11.0 r: Va•VMOXIP 4 N:0 0,k1W EX7EFZIOR ELEVATION sc,e td• --MEE071i, t=f NOTES, • ".artZ:41.1Valf-447;..... • EXTERIOR ELEVATION 11 W11111111. .r E XTL .10R ELEVATION IV 3. .41 o41.4 on.. no wono. oozon. wooPro. on e ref .• WPM. lo.00n nn Vrono Teo izY..QL;:l���U/!/•• YCZ'L as.::7;1/lG//o.'l!U/::::� SITE PLAN TO 5.-0" r•ROM eUILDING MENU BOARDOPTIONAL MENU ER OAD O LOCATION DETAIL �L LOCATION DETAIL REMOTE SPEAKER OEASE FL ATE PLAN.. 9SPEAKER SECTION ____NU _.D ARD SECTION NIP LOOP INDUCTION ISO BASE PLATE PLAN 0 LOOP INDUCTION SECTION OBASE PLATE PLAN • DIRECTIONAL SIGN SECTION PYLON SECTION. 4c.le ancsceAm • lonivel...eul P cLON ELEVATION fi INTENTIONS OF PLANS AND 5PEGIFIGATIONS SHEET INDEX n fne •»+1u»w�w. +.n °*4000"°!. ww M�bK.v. u.a�y var.— • 1,a` iw....11.:cruns.o°""` K.Yw "L.tJ4WC.0“.M. •O eICYCe ,KY cows., VocasinrS LeYM.e ro KC,, �. tosnM▪ ° osc. nlscs lr 00 000 04 oft y�WMYD°f. one.tancsiAL 10C no .. nos K,w TTOOTio. vsovester man 1.4. • Lai • .7. -of ate• .p.1.': w'. -r ..cwTc+lia .a ua MOOR R.4 .00, *44.00 . 0CT R.4 fecnw t DETAIL. *LC Ta4 I oer)4L° ROM. reo C.0R. 0*0* MU c.MYr 10enONNJ .101°.4. 1M T. 0Y..LY R.4 w tw Y4.011 M.A. .3 K nell 0)44...0 n..T0.m oTV ....wv.ae..nw R.4 nawe.w.L !� CLe4T.I44' R.4 Ca 1.10.000 R.4 .o°CIC.N4:LS 4 Mr.., 0044)4444' KR.4 C.1.../ST MC.a. Cor°.e0neeee. vi mos. ? R 000..o1T *41001.*! O e401 *4(2.+1001 1 .44C44.C. BUILDING GLASS c4,0f01.4Tl04 ...e. .rve w OW% •.c .. °°: 6R0Te w ... 004)41+0° (310)00, le . ABBREVIATIONS TA. } b3 %• 6 I' AGENDA ITEM 4 B ` SG\V a st QtGMctSaAti STAFF ORIGINATOR Mary Kay Hyland DATE August 21, 1995 0 TOPIC 95-26-S, Carl Buechler, 6974 Lake Drive, Site Plan Review to Move House into City Mr. Buechler is requesting a site plan review to move a home from 1 Willow Road in North Oaks onto a site at 6974 Lake Drive (two lots south of the Surfside Seaplan Base). According to Sec. 14, Subd. 23 Relocated Structures "Before any house or other structure is moved onto a vacant lot, the Planning & Zoning Board shall report to the City Council whether the structure will be compatible with other development in the area, and conform to all city codes and ordinances..." The property in question is Zoned R-1 and indicated as residential on the City's Land Use Map. The proposed dwelling can be located on the lot so as to conform to the setback requirements of the Zoning District and our Shoreland Management Ordinance. The structure is 1,660 square feet in area with an attached two car garage. It will be located on the lot so as to blend with the adjacent homes. In relation to the adjacent homes, the structure to be moved in appears to be of equal or greater value. Sewer and water are not currently available to serve the property and the homeowner has petition the City for an extension of utilities. A cost has not been determined at this time, however, it may be prohibitive. If the extension of utilities is not possible, a location for an on-site system has been identified on the site plan. This location will have to be confirmed by a certified septic system designer and presented to the City Engineer for his review and approval prior to issuance of any building permits. The Building Official has inspected the dwelling to be relocated and indicates that it is approximately 25 years old with a new cedar shake roof. The electrical and mechanical systems are up to code. The Planning & Zoning Board recommended approval of the site plan at their September 13, 1995 with the following conditions: 1. Proper building permits be obtained prior to construction. 2. Sewer and water utilities be extended to serve the site or an on-site system be designed by an authorized septic system designer and approved by the City Engineer prior to the issuance of any building permits. 3. The new dwelling shall be located on the lot so as to blend with the adjoining residential homes and conform to all setback requirements. OPTIONS 1. Approve request with conditions outlined above. 2. Deny request. RECOMMENDATION Option 1 k v_ e■l k■ -p ,£ - ;�m k_ 'ria avt �9Gq 0 m app r g HAM EOM a§e \ \ SKETCH PAN FOR: CARL BUECKLER North \ R' that (his plan, or report wos prepared by me or under my n and that l om o duly Licenseo,Lond Surveyor ,under the lows of ?neso(o. Doted this wT day of /14y44t7 /995' ONS, INC. 28 AVE. NE N 56014 x. (612) 186-600'1 MN License No. ?G9..6' \ Lot 3, AUDITORS SUBDIVISION NO. 151, Anoka County, Minnesota. SCALE: 1" = 60" Disk No. 51 Bearings shown are assumed Drown By. CJP o Denotes Iron Set Job No.: 95498HS • Denotes Iron Found .14 ♦_ 9• Olt AGENDA ITEM NO. 5 STAFF ORIGINATOR: Marty Asieson DATE: September 22, 1995 TOPIC: Transfer of Property and Hold Harmless for Friends of the Parks BACKGROUND Over the last two years the Friends of the Parks Support Group has received several contributions for parks and recreation. Since the Friends carry no personal liability insurance and are community volunteers, concern was created by the possibilities of exposure from accidents that may occur as a result of these donations. After investigating what other non -profits have done, it was decided that the state laws concerning immunity for public non- profit support groups covered their exposure. In addition the Friends wish to carry this a step further and modeled a Transfer of Property and Hold Harmless agreement similar to the City of Little Canada's non-profit group procedure. This Hold Harmless Agreement has been reviewed by our Attorney Bill Hawkins and found to be satisfactory and proper, with the recommendation that inspection of donations be made prior to accepting such transfers. Please find attached a copy of Bill's letter, and agreements transferring donations to the city. These donations include playground equipment for Wenzel Farms Park, an irrigation system for Sunrise Park, a six foot long park bench for Lamotte Park, and twelve concrete picnic tables for Country Lakes Park, Birch Park and Wenzel Farms Park. Martha Walmsley from the Friends of the Parks will be present to answer any questions for you. OPTIONS 1. Accept the procedure for property and services transfer from the Friends of the Parks to the City, and the gifts described in the accompanying agreements. 2. Refer back to the Friends of the Parks for further consideration RECOMMENDATION Option 1. LAW OFFICES OF William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN September 7, 1995 Legal Assistants WENDY B. DEZELAR JEANINE KUZMICH Ms. Marilyn Anderson Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 RECEIVED SEP 1 1 14 CIV nFonloIAIKE` Re: Hold Harmless Agreements\Friends of the Park Dear Marilyn: SUrrE 101 299 COON RAPIDS BLVD. COON RAPIDS, MINNESOTA 55433 PHONE (612) 784-2998 I have had an opportunity to review the three Hold Harmless Agreements on the property proposed to be transferred by the Friends of the Park. I find the agreements are in proper form and will effectively transfer title to these items and will require the City to hold harmless and indemnify the Friends of the Park Foundation for any problems that may arise with this equipment. The City should inspect all of the equipment to insure that it is in proper working order prior to accepting the transfer. cerely, Afillliam G. Hawkins WGH:wbd SEP -22-95 FRI 12:50 oei22/05 11:03 •• eve 189? CONCRETE PRODUCTS COMPANY September f9, 1995 Attri. BUSINESS LEADERS of LTNO LAKES Donations to the "The 'Friends of the Lino Laken Parks Foundation." Dear Fel1ow,Businesa•People, 2 at a Vice President and' Director of Eingineerinq and Marketing at Holin' Concrete products Co. here in Lino Lakes. I am writing . on behalf of The Friends of • the. Lino .Lakes' • Parks •Poundation. ' • The reason for this letter' .ia two fold. The: first reason is to bring to.your ettention,'.if you didn't already know,'to.thin fouridAtion which does -exist and a group of fine people who are working,tia.rd to improve the,parke Which your Businesses reside in. Please find enclosed a. brochure which 'explains what the foundation 'is•&bout.and a request for a donation. She second. reason le to bring to your attention that :the foundation is planning a Charity Golf. Tournament for. 1996 which they will need significant help. This help could he a range fzoig Sponsorship • to donations .of prizes or money and all .proceaas goes towards improvement of the , patrks. Molin Concrato'has already donated 12 precast picnic tablas • to the • foundatibn, which were delivered to Lino. Laltets Parks this past summer; that totaled over $12,004.00 in'donations. lie felt fax the families we employ and the . slay which helps 'us• remain•' i.h buuiness' thtlt this was a small gesture of our. appreciation.' Furthermore, investing in' our families and children today, will =only benefit our personal and business relationships , in the future.. • Please read the,brochure and give generously. Remember, this is a tax-deductible gift. . Also, contact 'The Friends of the Lino ..lakes Perks' with ideas on how • you .can help their Charity Golf Touinataent be a •SIG 'SUCCESS. Sincerely, 3•ohnla. eac;goman, V.P. Engineering'& Marketing•Direator jilt• f lexloore f *Jowcore Ptank • PrOsIadt Seams and Cahtmns . Archeachual Pnocast 416 t, 5ttevt • Ut lake*, Miroteaata 55014 n FAX 612 786-0220 h Wee 612-780-7722 • 1-80:}335.6546 • EAUM Friends of the Lino Lakes Parks Foundation , 1j 118-9 Main Strcct ? 0. -box t 8 ` Lino Lakes, MN 55014 To: Randy Schumacher, City Administrator From: Martha Walmsley "rritaD Treasurer, The Friends of the Lino Lakes Parks Foundation Date: August 15, 1995 Re: Hold Harmless Agreements Attached are three agreements transferring ownership of a bench, playground equipment and an irrigation system to the City of Lino Lakes, and indemnifying the Friends of the Parks from future claims. Little Canada has a similar nonprofit organization called the Little Canada Recreation Association. The Little Canada city attorney prepared a "hold harmless" agreement for them and they shared it with us. I modified their agreement to specify the particular items we wish to transfer to the city. Please review these documents (they are identical except for the items being donated). Upon your approval, I would like to get on the worksession and city council agendas to execute the transfer. Please call me with any proposed changes or questions. My daytime phone number is 582-4071. Our address is shown above on the letterhead (P.O. Box 184). CITY Or fiNO LAFkES 1 189 MAIN ST.. LINO LAKES. MN 55014 (612) 464-5562 FAX (612) 464-4568 TRANSMITTAL RE: File Number WE A RE nclosing () Sending Under Separate Cover ()As Requested For Your O Information Re vie w () Records () Distribution () Approval () Revision & Resubmittal Der-cc-ao t11 1e;4 ' FMX N0. �=x'6125822830 TRANSFER AND INDEMN F CATION AGREEMENT THIS AGREEMENT, is made this day of , 1995, by and between the Friends of the Lino bakes Parks Foundation, a Minnesota nonprofit corporation (the "Foundation"), and the City of Lino Lakes, a Minnesota municipal corporation, (the "City"). WITNESSETH WHRRFAS, the Foundation has received ten (10) cement picnic tables, (the "Tables"), that have been installed (eight (8) in Country Lakes Park and two (2) in Birch Park) on property owned by the City; and WHEREAS, the Foundation desires to transfer and assign ownership of the Tables to the City under the tenns of this agreement; and WHEREAS, the City has inspected the Tables together with its installation and location and has agreed to accept the transfer of ownership; and WHEREAS, in consideration of the transfer, the City has agreed to assume all responsibility for the Tables and to indemnify and hold harmless the Foundation from and against any liability related to the Tables. NOW, THEREFORE, for and in consideration of the transfer by the Foundation and the covenant to indemnify by the City, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows; I . transfer of.Owner5hip. The Foundation hereby sells, assigns and transfers all of its right, title, interest and ownership in the Tables to the City. The Foundation acknowledges it is the owner of the Tables, that there are no Liens or other encumbrances attached to it, and that it has full power and authority to make this transfer. 2. Acceptance. The City acknowledges it has :made a full and complete inspection of the Tables together with its installation and location and expressly agrees to accept the transfer of the Tables in its present condition and location and agrees to assume all risks in connection with ownership. 3. Agreement to In;1emnify s nci Hh1d Harmless. The City agrees to assume all responsibility for the Tables, including, but not limited to maintenance, upkeep and liability for any bodily injury which may result from the Tables. The City agrees to indemnify and hold 1 SEP -22-95 FRI. 12'49 -CPI ENG . FAr X N0: 612582$30 harmless the Foundation, its officers, directors, employees, successors and assigns (all herein referred to as the Foundation) from and against any loss, damage, claim, demand, suit, liability or expense (including reasonable attorneys' fees) that arise out of or result from injuries or death to persons or damage to property, in any way arising out of or occasioned by the Tables, and also any failure by the City to perform any or its obligations under this Agreement. The City further agrees to defend the Foundation, at its request, against any such claim, demand or suit. 4. Disclairndr of Warjanties. THE TABLES TRANSFERRED UNDER TH1S AGREEMENT TS CONVEYED "AS IS, WHERE IS" WITI-I ALL FAULTS, LATENT AND PATENT. THE FOUNDATION MAKES NO WVARR.ANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FI'INESS POR A PARTICULAR PURPOSE. S. Successors and Assigns. All covenants and indemnifications contained in this Agreement shall be binding upon the parties and their successors and assigns. 6. Amendment. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and shall not be modified or amended except upon the written consent of both parties. 7. Ceeral Provisions, In case any section or provision of this Agreement is for any reason held to be illegal or invalid, such illegality or invalidity shall not affect the remainder of the Agreement or any other section or provision. The laws of the State of Minnesota shall govern the construction, interpretation and performance of this Agreement. 2 S t'- 2-yb hkl 1250 t CPI ENG �' FAX NO. 6125822830 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as to the date first above written. The Friends of the Lino Lakes Parks Foundation By: Martha Walmsley Treasurer City of Lino Lakes By: Randy Schumacher City Administrator By: Vern Reinert Mayor 3 STAFF ORIGINATOR DATE TOPIC BACKGROUND AGENDA ITEM 6 David J Pecchia, Chief of Police September 25, 1995 Supporting a County wide Curfew Ordinance The Anoka County Board is considering a curfew ordinance that will conform to others in the metropolitan area. They are asking all Law Enforcement agencies in Anoka County to endorse the concept of a uniform juvenile curfew ordinance. The City of Lino Lakes finds that juvenile violence and crimes committed by juveniles are of great concern. In addition, juveniles are susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. Therefore, the Lino Lakes Police Department is requesting that the Lino Lakes City Council adopt, a resolution in support of establishing a County -wide Curfew Ordinance which is in conformance with other metropolitan counties. OPTIONS 1. Approve and sign. 2. Deny RECOMMENDATION 1. Approve resolution Council Member introduced the following resolution and moved its adoption: RESOLUTION NO. 95 - 130 RESOLUTION IN SUPPORT OF ESTABLISHING A COUNTY CURFEW ORDINANCE IN CONFORMANCE WITH OTHER METROPOLITAN COUNTIES WHEREAS, WHEREAS, the City of Lino Lakes finds that juvenile violence and crimes committed by juveniles are of great concern; and the City of Lino Lakes finds that juveniles are susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime; and WHEREAS, the County Board will be considering a curfew ordinance that will conform to others in the metropolitan area; and WHEREAS, the City of Lino Lakes supports the policy of uniform curfews for juveniles in the metropolitan area. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council endorses the concept of a uniform juvenile curfew in the metropolitan area and urges the Anoka County Board to adopt a conforming juvenile curfew ordinance. Adopted by the Lino Lakes City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. STAFF ORIGINATOR DATE TOPIC BACKGROUND AGENDA ITEM 7 David J Pecchia, Chief of Police September 25, 1995 Permanent Replacement for Police Secretary The Police Department has a full time clerical position which has been held open since March 1995 for the anticipated return of the employee. This staff person has exhausted all vacation and sick time accrued. The Family Medical Leave benefit has been exhausted and the employee has been placed on an unpaid Leave of Absence. The employee is not able to return to work at this time and future prognosis is uncertain. We request termination of said employee to enable us to fill this position with a full time permanent employee. OPTIONS 1. Approve termination. 2. Deny termination RECOMMENDATION 1. Approve STAFF ORIGINATOR AGENDA ITEM NO. 8A sieve Heth, P.E. , Consulting Engineer September 21, 1995 TOPIC RESOLUTION No. 95 126 Receiving Bids for Trapper's Crossing BACKGROUND: The bids for this project will be received and opened at 10:00 A.M. on Friday, September 22, 1995. They viii be tabulated and a recommendation regarding award will be presented to the City Council at the meeting on Monday night. STAFF ORIGINATOR David Ahrens. City Engineer DATE TOPIC BACKGROUND: September 21. 195 Resolution No. 95-127 Approving Plans and Specifications and Authorizing Advertisement for Bids for Well Pumphokise No. 4 The Plans and Specifications for Well and Pumphouse No. 4 were ordered by the City Council on June 12, 1995. The well drilling is nearly complete and pumphouse construction will begin immediately after the driller has cleared the site. These operations are typically bid as separate contracts. The pumphouse construction is scheduled to be completed by April 1, 1996. OPTIONS: 1. Approve Resolution No. 95-127. 2. Return to staff for further review. RECOMMENDATION: Option No. 1 - Approve Resolution No. 95-127 Approving the Plans and Specifications and Authorizing Advertisement for Bids Well Pumphouse No. 4. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-127 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WELL PUMPHOUSE NO. 4. WHEREAS, pursuant to a resolution passed by the Council on June 12, 1995, the Engineer has prepared plans and specifications for Well Pumphouse No. 4 Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, October 23, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday October 23, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, chashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the City Council this 25th day of September, 1995. Vemon F. Reinert, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer STAFF ORIGINATOR David Ahrens. Cjty Engineer DATE TOPIC September 21, 1995 BACKGROUND: Individual Sewage Treatment System Code Revisions Section 403.04 of the Lino Lakes City Code pertains to the inspection of Individual Sewage Treatment Systems. Currently, the code allows property owners to inspect the system and report their findings to the City. The Metropolitan Council has indicated that this is unacceptable. Instead, the inspection is to be completed by a certified inspector. In response to the Metropolitan Council's concerns, the following outline has been prepared to replace the existing Code Subdivision calling for Bi -Annual inspections: 1. The City will mail an inspection report form by March 1st of every year to one-third of the properties containing on-site sewage disposal systems. A property will therefore receive an inspection form once every three years. 2. The City will be divided into thirds for the purposes of triennial reporting by property owners. Each property owner receiving an inspection report form is to have their septic tank pumped; the tank and system inspected; and return the report form to the City by September 1 of that same year. 4. The inspection of the tank and system is to be made by a certified inspector. A listing of certified inspectors is available from the MPGA and will also be available from the City. 5. Failure by the property owner to complete the form and return it to the City will be cause for the City to have the system pumped and inspected. The City will contract to have the work done with all costs to be assessed to the property. Before proceeding with the Code revisions we will contact the Metropolitan Council to review the proposed changes to ensure their concerns have been addressed. We are requesting that the City Council approve Resolution No. 95-128 which will indicate to the Metropolitan Council that City staff has the support of the City Council to complete the changes as proposed. OPTIONS: 1. Approve Resolution No. 95-128 supporting the proposed revisions to the Individual Sewage Treatment System Code. 2. Return the proposed revisions to staff for further consideration. 3. Leave the Individual Sewage Treatment Code unchanged. RECOMMENDATION: Option No. 1 - Approve Resolution No. 95-128 Supporting the proposed revisions to the Individual Sewage Treatment System Code. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-128 RESOLUTION SUPPORTING A DRAFT REVISION TO THE INDIVIDUAL SEWAGE TREATMENT SYSTEM CODE. WHEREAS, the City of Lino Lakes has over 2,100 households with Individual Sewage Treatment Systems, and WHEREAS, the proper maintenance of these systems is critical to protecting surface and subsurface waters and the public health, and WHEREAS, City Code Section 403.04 addresses maintenance of existing systems, and WHEREAS, the proposed revision to the Code will help ensure that the systems are properly maintained, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Lino Lakes City Council supports the draft revision to Individual Sewage Treatment Code Section 403.04 as outlined on the attached sheet. Adopted by the City Council this 25th day of September, 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 1. The City will mail an inspection report form by March 1st of every year to one-third of the properties containing on-site sewage disposal systems. A property will therefore receive an inspection form once every three years. 2. The City will be divided into thirds for the purposes of triennial reporting by property owners. 3. Each property owner receiving an inspection report form is to have their septic tank pumped; the tank and system inspected; and return the report form to the City by September 1 of that same year. 4. The inspection of the tank and system is to be made by a certified inspector. A Fisting of certified inspectors is available from the MPCA and will also be available from the City. 5. Failure by the property owner to complete the form and return it to the City will be cause for the City to have the system pumped and inspected. The City will contract to have the work done with all costs to be assessed to the property. (1.1hT►NU 6oc� for the purpose of making such inspections. Upon satisfactory completion and final inspection of the system, the plumbing inspector shall issue to the applicant a certificate of approval. If upon inspection the plumbing inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this chapter, he shall give the applicant written notification describing the defects. The applicant shall pay an additional fee of $7.50 for each re- inspection that is necessary. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Subd. 2. Bi -Annual. Every individual privy, vault, septic tank and cesspool in the city shall be inspected by the owner thereof at least once every two years and such owner shall report the results of such inspection to the clerk -treasurer on forms provided by the city. 403.05 Sewage Tank Cleaners. Subdivision 1. Definition. "Sewage tank cleaner" shall mean any person, firm or corporation who, as a business, cleans or performs work on a privy, vault, septic tank, cesspool, or other part of an individual sewage disposal system within the city. Subd. 2. License, Bond, and Insurance Required. The same license, bond, and insurance required in Section 402.04 shall be required of all sewage tank cleaners; however, the license, bond and insurance shall include the services performed by sewage tank cleaners, if a person, firm or corporation has or shall have such license, bond and insurance required by said section. Subd. 3. Removing Material From Individual Sewage Disposal Systems. No sewage tank cleaner, or any other person, firm or corporation shall empty or remove the materials or contents, or any portion thereof, of any vault, privy, cesspool, septic tank or drain, or of any other part of any individual sewage disposal system other than into a container made tight and closely covered. Subd. 4. Disposal of Contents. No sewage tank cleaner or any other person, firm or corporation shall dispose of any of the contents so removed as described in Subd. 3, above, upon open ground or in any well, open stream or body of water and such contents shall be disposed of in a sanitary manner and as approved by the city building official. Subd. 5. Approved Vehicle. No sewage tank cleaner or other person, firm or corporation shall remove or cause to be removed any of the contents as described in Subd. 3, above, in any container or vehicle except such as shall be approved by the city building official, and under no circumstances shall any container 95 TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: David Ahrens, City Engineer 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:812/292-0083 Reference: On-site Sewage Disposal Copies To: System Management From: John Powell Date: Lino Lakes. MN September 19. 1995 Commission No. 10414-950 The Metropolitan Council requires cities with rural service areas to include a program for managing on-site sewage disposal systems in their Local Comprehensive Plans. Lino Lakes currently has about 2,100 households using on-site systems in the rural service areas. A key element of this program is the requirement that on-site systems are to be inspected once every two years. This inspection is to be completed by trained and licensed personnel. Currently, City Code Section 403.04 only requires that the owners inspect the system and report to the City that they have completed the inspection. This requirement does not meet the Metropolitan Council guidelines. Metropolitan Council representatives have indicated they may show some flexibility in the inspection interval if other aspects of the City's Code are revised. The following is an outline of the proposed changes to the inspection portion of the on-site system code. If these changes are acceptable to the Lino Lakes City Council as outlined we will then review them with the Metropolitan Council for their concurrence prior to the City formally revising the City Code. 1. The City will mail an inspection report form by March 1st of every year to one-third of the properties containing on-site sewage disposal systems. A property will therefore receive an inspection form once every three years. 2. The City will be divided into thirds for the purposes of triennial reporting by property owners. 3. Each property owner receiving an inspection report form is to have their septic tank pumped; the tank and system inspected; and return the report form to the City by September 1 of that same year. Memorandum Page 2 September 20, 1995 4. The inspection of the tank and system is to be made by a certified inspector. A listing of certified inspectors is available from the MPCA and will also be available from the City. 5. Failure by the property owner to complete the form and return it to the City will be cause for the City to have the system pumped and inspected. The City will contract to have the work done with all costs to be assessed to the property. JMP/mha AGENDA ITEM 9 STAFF ORIGINATOR Brian Wessel DATE September 25, 1995 TOPIC Second Reading of Ordinance No. 16-95 authorizing the sale of city property in the Apollo Business Park Developer Bill Fogerty and Custom Remodelers, Inc. are purchasing a 3 -acre parcel of land in the city -owned portion of the Apollo Business Park for an office/warehouse facility. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the city. ....................... ....................... 1. Adopt the Second Reading of Ordinance No. 16-95 2. Return to staff for further consideration Option 1 Councilmember moved its adoption: introduced the following ordinance and CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 16-95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF 3 ACRES IN OUTLOT B, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: The real property is described as approximately 400 feet fronting on the east side of Apollo Drive and approximately 333 feet in depth, Apollo Business Park, Anoka County, Minnesota. (The "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. The city council of the City authorizes sale of the Property to Bill Fogerty and Custom Remodelers for $117,000. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by councilmember and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on , 1995 Second Reading Approved on , 1995 Published in the official newspaper on , 1995 AGENDA ITEM 10 STAFF ORIGINATOR Brian Wessel DATE September 25, 1995 TOPIC Annual Hot Air Balloon Contract The promotional program that included use of Mary LaForest's hot air balloon carrying the economic development logo was a great success in 1995. The use of the balloon has been a cost effective and integral part of our promotional program. The contract expired September 7, 1995. To maintain continuity in our promotional program, I am recommending the council approve the annual contract with Blue Yonder Bafloon Co. The terms of the contract will remain the same in 1996. 1. Approve the contract between Blue Yonder Balloon Company and the City of Lino Lakes 2. Return to staff for further consideration .OMMENDATION Option 1 SEP -22-95 FEI 10:03 LAW OFFICES FAX NO. 7842305 A CONTRACT BETWEEN THE CITY OF LINO LAKES AND BLUE YONDER BALLOON CO. FOR ADVERTISING SERVICES P. 02 THIS CONTRACT is made and entered into this day of 19, by and between the City of Lino Lakes, a municipal corporation, 1189 Main Street, Lino Lakes, Minnesota 55014, hereinafter referred to as .,City.', and Mary LaForest d/bla Blue Yonder Balloon Co., 4819 Wood Avenue, White Bear Lake, Minnesota 55110, hereinafter referred to as "Contractor". WHEREAS, the City deems it advantageous to advertise the benefits of residing and conducting business within the City of Lino Lakes to prospective residents and commercial enterprises; and WHEREAS, Minnesota Statutes allow the expenditure of public funds for advertising purposes; and WHEREAS, Blue Yonder Balloon Co. has proposed advertising the City by the carrying of a banner on a hot air balloon owned by Contractor. NOW, 11-IEREFORE, in consideration of mutual promises and agreements contained herein, the parties do agree as follows: 1. TERM. The term of this Contract shall be from , 19 to , 19, the date of signature of the parties notwithstanding, untes5 earlier terminated as provided herein. 2. CONTRACTOR OBLIGATIONS_ Contractor shall provide the following services, materials, goods and equipment. SEP -22-95 FRI 10:03 LAW OFFICES FAX NO. 7842305 P.03 a. Contractor shall carry a special banner on their regular flights which measures fifteen (15) feet by twenty-eight (28) feet on a hat air balloon. Contractor's flights will include flights over the major arteries entering the City such as f -35E and i -35W. In addition Contractor shall generally fly over White Bear Lake, Lino Lakes, Hugo, Forest Lake, Stillwater, Lake Elmo, Shoreview, Blaine and other metro area suburbs. Contractor agrees that they will fly a minimum of twenty (20) hours per contract year. 3. PAYMENT; TOTAL COST. The total amount to be paid by the City pursuant to this Contract shall not exceed One Thousand Two Hundred and no/100 01,200.00) Dollars per year for carrying the banner while conducting their regular flights. a. The City shall pay to the Contractor the sum of Three Hundred and no/100 ($300.00) Dollars upon execution of the Contract and Three Hundred and no/100 ($300.00) Dollars quarterly through the contract year. b. Contractor shall submit their pilot logs with each quarterly billing showing the actual number of hours flown and the areas over which the flight was conducted. c. The City shall pay to the Contractor the sum of Two Hundred Fifty and no/100 ($250.00) Dollars per (light for flights specifically requested by the City (excluding brochure and poster photo flights). -2- SEP -22-95 FEI 10:04 LAW OFFICES FAX NO. 7842305 P.04 d. The City shall pay to the Contractor the sum sof One Hundred and no/100 ($100.001 Dollars for inflation only at special events. e. The City shall pay Contractor's cost to list the City as a certificate holder. 4. INDEPENDENT CONTRACTOR STATUS. Contractor is to be and shall remain an independent contractor with respect to any and all work performed under this Contract. It is agreed that nothing contained is intended or shall be construed in any mariner as creating or establishing the relationship of agents, partners, joint venturers, or associates between the parties hereto or as constituting Contractor as an employee of the City for any purpose or in any manner whatsoever for the services provided under this Contract. 5. INDEMNIFICATION. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Contractor or its agents, servants or employees while engaged in the performance of the Contract shall in no way be the obligation or the responsibility of the City. Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers and employees hereinafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligation pursuant to this Contract. -3- SEP -22-95 FRI 10:05 LAW OFFICES FAX NO, 7842305 P.05_ 6. INSURANCE. Contractor further agrees that in order to protect itself as well as the City under the indemnification provision set forth, it would at all times during the term of this Contract keep in force the following insurance protections in the limits specified. a. Commercial general liability ($200,000.00 per individual; $600,000.00 per incident) b. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed; or not renewed without thirty (30) days prior written notice hereof to the City. c. Prior to the effective date of this Contract, it is a condition precedent to this Contract, the Contractor will furnish the City with a certificate of insurance listing the City as a certificate holder. 7. TERMINATION. This Contract may be terminated with or without cause by either party upon ten (10) days written notice. 8. SEVERABILITY. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability to the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 9. MERGER. This Contract is a final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There am n0 representations, warranties, orstipulations, either oral or written not herein contained. -4- SEP -22-95 FRI 10:05 LAW OFFICES FAX NO. 7842305 P.08 IN WITNESS WHEREOF, the parties have executed this Contract on the date and year first above written_ -5- CITY OF LINO LAKES By Mayor By Clerk BLUE YONDER BALLOON CO. By Mary La Forest AGENDA ITEM NO. 11 STAFF ORIGINATOR Marilyn Anderson, Clerk -Treasurer DATE September 22, 1995 TOPIC Consideration of Resolutions Declaring Costs to be Assessed and Preparation of Proposed Assessments ABACKGROUND* Six (6) improvement projects have progressed to the point where assessment rolls can be prepared. Costs for each improvement have been calculated by the consulting engineers and resolutions have been prepared ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for each improvement project. Each resolution will require a separate vote of the City Council. OPTIONS 1. Adopt separate motions approving each resolution. 2. Return matter to staff for further consideration 'RECOMMENDATION Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 112 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, PINE RIDGE, 3RD ADDITION WHEREAS, Pine Ridge, 3rd Addition is a "contractor improvement" and a contract for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction contract is not included in the assessment total, and WHEREAS, additional costs outlined in the Development Agreement have been determined to be $93,594.43 so that the total cost of the improvement to be assessed is $93,594.43. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $93,594.43. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 112 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 113 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, PHEASANT HILLS PRESERVE, 6TH ADDITION WHEREAS, Pheasant Hills Preserve, Sixth Addition is a "contractor improvement" and a contract for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction contract is not included in the assessment total, and WHEREAS, additional costs outlined in the Development Agreement have been determined to be $105,688.83 so that the total cost of the improvement to be assessed is $105,688.83. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $105,688.83. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 113 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 114 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, COUNTRY LAKES PRESERVE, PLAT 2 WHEREAS, contracts have been awarded for the improvement of Country Lakes Estates, Plat 2 and the contract price for such improvement is $219,099.70, and WHEREAS, additional costs outlined in the Development Agreement have been determined to be $166,553.30 so that the total cost of the improvement to be assessed is $385,653.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $385,653.00. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 114 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 115 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, OAKS OF LINO WHEREAS, Oaks of Lino is a "contractor improvement" and a contract for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction contract is not included in the assessment total, and WHEREAS, costs outlined in the Development Agreement have been determined to be $47,989.00 so that the total cost of the improvement to be assessed is $47,989.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $47,989.00. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 115 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 116 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, WENZEL FARMS, 5TH ADDITION WHEREAS, Wenzel Farms, 5th Addition is a "contractor improvement" and a contract for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction contract is not included in the assessment total, and WHEREAS, costs outlined in the Development Agreement have been determined to be $142„081.00 so that the total cost of the improvement to be assessed is $142,081.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $142,081.00. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 116 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 117 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL, WOODS OF BALDWIN LAKE, 2ND ADDITION WHEREAS, contracts have been awarded for the improvement of Woods of Baldwin Lake, 2nd Addition and the contract price for such improvement is $112,334.00, and WHEREAS, additional costs outlined in the Development Agreement have been determined to be $91,047.94 so that the total cost of the improvement to be assessed is $203,381.94. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the portion of the cost to be assessed against benefitted property owners is declared to be $203,381.94. 2. Assessments shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 1996, and shall bear interest at the rate of seven and one-half (7 1/2) per cent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such assessment in her office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 117 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. STAPF ORIGINATOR Marilyn Anderson, Clerk -Trey DATE TOPIC CRROL September 22, 1995 Consideration of Resolutions Setting Public Hearing on Proposed Assessment Resolutions have just been adopted ordering preparation of assessment rolls for six (6) improvement projects in the City. Assessment rolls have already been completed and approval of resolutions setting the date of the public hearings on the assessments must be adopted to fulfill the requirements of State Statutes and the City Charter. PTONS; .......................... 1. Adopt separate motions approving each resolution. 2. Return matter to staff. RECO Option No. 1 Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 118 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN PINE RIDGE, 3RD ADDITION WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Pine Ridge, 3rd Addition, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 118 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 119 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN PHEASANT HILLS, PRESERVE, 6TH ADDITION WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Pheasant Hills Preserve, 6th Addition, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. or as soon thereafter is practicable to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 119 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 120 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN COUNTRY LAKES ESTATES, PLAT 2 WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Country Lakes Estates, Plat 2, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 120 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 121 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN OAKS OF LINO WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Oaks of Lino, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 121 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 122 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN WENZEL FARMS, 5TH ADDITION WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Wenzel Farms, 5th Addition, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 122 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolutions and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 123 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN WOODS OF BALDWIN LAKE, 2ND ADDITION WHEREAS, by a resolution passed by the City Council on September 25, 1995, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Woods of Baldwin Lake, 2nd Addition, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on October 23, 1995, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. RESOLUTION NO. 95 - 123 Page -2- Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor: The following voted against same: Whereupon said resolution was declared duly passed and adopted. STAFF ORIGINATOR DATE TOPIC ........................... 3ACNGRO Marilyn Anderson, Clerk-Trea September 22, 1995 Consideration of Resolution No. 95 - 124 Setting a Public Hearing on Proposed Delinquent Sewer and Water Quarterly Utility Bills Each year the Lino Lakes Utility Department experiences difficulty in collecting some overdue sewer and water bilis. The unpaid bills left behind when a homeowner moves from the residence are turned over to a collection agency. This procedure has been successful in collecting most outstanding bills. Resolution No. 95 - 124 will establish the public hearing on the matter. OPTION .........................:. 1. Adopt Resolution No. 95 - 124 establishing the public hearing date. 2. Return matter to staff [Ei ATION Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 124 RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL, AND SETTING A PUBLIC HEARING FOR UNPAID SEWER AND WATER UTILITY BILLS WHEREAS, WHEREAS, WHEREAS, the City of Lino Lakes has established a quarterly billing for sewer and water service for residential and commercial users, and certain residential and commercial users have not paid their quarterly billing in a timely manner, and the City Code provides for the assessment of all delinquent sewer and water billings, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The City Clerk is directed to prepare an assessment roll containing the names, address and delinquent amounts of sewer and water utility bills together with a $30.00 administration charge. 2. A hearing shall be held on October 11, 1995 in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:45 P.M. or as soon as practicable to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll. 4. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property. Such payment must be made before October 15, 1995. Adopted by the Council of the City of Lino Lakes this 25th day of September, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 124 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted.