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HomeMy WebLinkAbout11/27/1995 Council PacketAGENDA CITY OF LINO LAKES Monday, NOVEMBER 27, 1995 6:30 P.M. SCJ4NNEO - Call to Order and Roll Call - Setting the Agenda: Are there any items to be added or deleted to the Agenda? Open Mike 2. Consideration of Minutes: October 23, 1995 B' Joint Meeting with the City of Hugo, September 14, 1995 Consideration of Disbursements 1' 4. Police Department Report, Chief Pecchia November 27, 1995 Centennial Fire District 6 A. FIRST READING, Ordinance No. 23 - 95 Amending the Lino Lakes City Code by Adopting the Anoka County Juvenile Curfew Ordinance SECOND READING, Ordinance No. 21 - 95 Authorizing the Sale of City of Lino Lakes Land in the Apollo Business Park to UDOR, U.S.A., Brian Wessel SECOND READING, Ordinance No. 22 - 95 Amending Chapter 207, Personnel Policy, Dan Tesch Consideration of Authorizing Publishing a Summary of Ordinance No. 22 - 95 Consideration of Memorandum of Understanding, Cable Commission, Dan Tesch 8. Planning and Zoning Report, Mary Kay Wyland PAGE 1 AGENDA A. Amended Conditional Use Permit, Teleport (Communications Compound), 6221 Holly Drive (95-29-C) Amended Conditional Use Permit, Church of St. Joseph, 171 Elm Street (95-30-C) C. Final Plat, Behm's Century Farms, 1st Addition City Engineers Report, Dave Ahrens A Resolution No. 95 - 151 Accepting Bids and Authorize Purchase of Backhoe Resolution No. 95 - 158 Approving the Final Payments for Apollo Drive Phase I and Phase II Improvements C. Resolution No. 95 - 159 Receiving Report and Calling a Public Hearing, Holly Drive/ 12th Avenue Improvement D. Establishing a Street Construction/Maintenance Policy 10. Consideration of Resolution No. 95 - 160 Establishing a Trail Committee, Marty Asleson 11. Consideration of the Resignation of David Bruder, Building Maintenance, Randy Schumacher 12. Old Business 13. New Business - C1-1 1°55 14. Adjourn PAGE 2 -45 1 NOVEMBER 27 1995 1 DISBURSEMENTS City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) 1994 CONSTRUCTION FUND Amount * ASHBACH CONSTRUCTION COMPANY(COUNTRY LAKES ESTATES) 805.49 * FOREST LAKE CONTRACTING, INC.(CONTRACTOR HWY 49/23) 211,834.56 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/HODGSON ROAD) 135.00 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/HWY 49 & LAKE) 270.00 Total for Department 213,045.05 Total for Fund 213,045.05 APOLLO DRIVE CONSTRUCTION FUND ARCON CONSTRUCTION(CONTRACTOR/APOLLO DRIVE) C. W. HOULE, INC.(CONTRACTOR/APOLLO DRIVE) * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/APOLLO DRIVE) AREA AND UNIT CHARGE 118,453.32 79,429.37 337.50 Total for Department 198,220.19 Total for Fund 198,220.19 E. H. RENNER & SONS(ENGINEERING/WELL #3) KEYS WELL DRILLING COMPANY, IN(CONSTRUCTION OF WELL #4) CAPITAL IMPROVEMENTS PROJECTS ADMINISTRATION 41,655.12 14,118.19 Total for Department 55,773.31 Total for Fund 55,773.31 * SMITH MICRO TECHNOLOGIES, INC.(COMPUTER MOUSE (2) 106.50 Total for Department 106.50 ENGINEERING/PLANNING DEPARTMENT * SMITH MICRO TECHNOLOGIES, INC.(COMPUTER MONITOR) Total for Department 893.54 893.54 Total for Fund 1,000.04 DateT'11'/ 2 2 / 9 5' City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) CONTRACTORS DEPOSITS Amount ADVANCE RESOURCES FOR DEV., IN(ADVISORY SERVICES/TAYMARK) 2,500.00 E. G. RUD & SONS, INC.(SURVEY WORK/FOGERTY) 450.00 K & G DEVELOPMENT(REIMBURSE ESCROW/WDS OF B II) 24,121.20 * OSM, INC.(FEASIBILITY STUDY/C SCHOOL) 4,317.75 * OSM, INC.(FEASIBILITY REPORT/M CONDOS) 415.13 * PETTY CASH(MAG-CON) 18.37 Total for Department 31,822.45 Total for Fund 31,822.45 DEDICATED PARKS * ASHBACH CONSTRUCTION COMPANY(DEDICATED PARKS) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY/DEDICATED PARK) GENERAL ADMINISTRATION 45,880.76 35.40 508.00 Total for Department 46,424.16 Total for Fund 46,424.16 D.C.A. INC.(FLEX INSURANCE) 163.40 * HEALTH PARTNERS(INSURANCE) 1,352.71. LA LOVING(SHIRT) 25.78 * OFFICEMAX, INC.(SUPPLIES) 250.81 SCHUMACHER, RANDALL B.(MEALS/PARKING) 52.29 * WYLAND, CATHY(NEWSLETTER PREPARATION) 251.28 BUILDING INSPECTIONS * HEALTH PARTNERS(INSURANCE) ROYAL OAKS CAR WASH, INC.(CAR WASH) CONSULTANTS Total for Department 2,096.27 390.01 7.72 Total for Department 397.73 * WILLIAM G. HAWKINS & ASSOCIATE(MUN ATTORNEY) * WILLIAM G. HAWKINS & ASSOCIATE(CRIMINAL ATTORNEY) Total for Department 1,196.00 8,756.50 9,952.50 . ''�` ai �'e ,y gcta :, � ,«^�. •^ ar' . � ,fir � Page �.��� v a•: x Date: 11/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) * HEALTH PARTNERS(INSURANCE) * HEALTH PARTNERS(INSURANCE) * HEALTH PARTNERS(INSURANCE) ECONOMIC DEVELOPEMENT Amount 364.80 25.14 781.96 Total for Department 1,171.90 ERDAHL AERIAL PHOTOS(PHOTOS) * MINNESOTA NAHRO (MN CHAPTER NA(CONFERENCE) * OFFICEMAX, INC.(SUPPLIES) * PETTY CASH(SUPPLIES) * WYLAND, CATHY(NEWSLETTER PREPARATION) ELECTIONS AND VOTER REGISTRATION 153.10 47.50 14.85 28.64 62.84 Total for Department 306.93 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 2.11 * PETTY CASH(SUPPLIES) ENGINEERING/PLANNING DEPARTMENT 19.00 Total for Department 21.11 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 42.71 AMERICAN PLANNING ASSN.(DUES) 150.00 ANOKA COUNTY(ADDRESS/STREET MAPS) 40.00 * HEALTH PARTNERS(INSURANCE) 805.16 * MINNESOTA NAHRO (MN CHAPTER NA(CONFERENCE) 47.50 * OFFICEMAX, INC.(SUPPLIES) 47.87 * PETTY CASH(SUPPLIES) 13.18 * PETTY CASH(CONFERENCE/MEALS/PARKING) 20.88 FINANCE * HEALTH PARTNERS(INSURANCE) * PETTY CASH(MILEAGE/MEAL) FIRE DEPARTMENT * HEALTH PARTNERS(INSURANCE) Total for Department Total for Department Total for Department 1,167.30 474.91 17.85 492.76 415.15 415.15 '4 Page Date: City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) FLEET MANAGEMENT * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) * AUTO -MEDICS, INC.(TOWING CHARGE) DETERMAN WELDING & TANK SERV,(TEST TANKS) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) MYHRER, RANDY(CLOTHING ALLOWANCE) TRACY FUELS, INC.(FUEL) FORESTRY DEPARTMENT * HEALTH PARTNERS(INSURANCE) * INTL OFFICE SYSTEMS, INC.(SUPPLIES) Amount 126.82 42.60 416.85 27.90 6.47 81.94 1,523.08 Total for Department 2,225.66 320.01 19.61 Total for Department 339.62 GOVERNMENT BUILDINGS BEST LOCK SYSTEMS OF MN, INC.(SERVICE) 361.90 DALCO, INC.(SUPPLIES) 149.13 DALCO, INC.(BRUSH) 15.23 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 4.02 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 21.54 * GLENWOOD INGLEWOOD, INC.(MONTHLY SERVICE) 40.21 HUGO HEATING AND COOLING(REPAIR FURNACE/WALL HEATER) 127.50 INTERIOR COMM SYSTEM, INC.(TRIP/LABOR) 138.50 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 1,156.26 Total for Department 2,014.29 PARKS DEPARTMENT A T & T(MONTHLY SERVICE) 14.62 A T & T(MONTHLY SERVICE) 5.39 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 25.52 * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 5.45 * AUTO -MEDICS, INC.(TOWING CHARGE) 106.50 * BRYAN ROCK PRODUCTS, INC.(BALLFIELD LIME) 2,908.22 CIRCLE PINES, CITY OF(MONTHLY SERVICE) 32.18 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 23.65 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 101.99 * HEALTH PARTNERS(INSURANCE) 1,050.03 * INTL OFFICE SYSTEMS, INC.(SUPPLIES) 52.46 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 * OFFICEMAX, INC.(SUPPLIES) 14.62 * PETTY CASH(SHARPEN A SAW) 30.00 * PETTY CASH(PARKING) 6.00 Page: 5 Date: 11/22/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) * PETTY CASH(FILING FEE) SEALMASTER/ST. PAUL(READY MIX COLOR) * TODORA, GAIL(PARK/REC NEWSLETTER) * US WEST COMMUNICATIONS(MONTHLY SERVICE) * US WEST COMMUNICATIONS(MONTHLY SERVICE) * WYLAND, CATHY(NEWSLETTER PREPARATION) Amount 6.50 162.22 300.00 0.01 55.98 188.52 Total for Department 5,094.12 PLANNING AND ZONING BOARD TIMESAVER OFF-SITE SECRETARIAL(OFF SITE SECRETARIAL SERVICE) Total for Department POLICE DEPARTMENT 176.25 176.25 CIRCLE PINES POST OFFICE(STAMPS) 64.00 CY'S UNIFORMS, INC.(BODY ARMOR) 974.66 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 108.15 * GLENWOOD INGLEWOOD, INC.(MONTHLY SERVICE) 15.84 * HEALTH PARTNERS(INSURANCE) 2,082.38 MN CRIME PREVENTION PRACTIONER(REGISTRATION) 40.00 NORTHERN STATES POWER, INC.(MONTHLY SERVICE/SIRENS) 3.14 PREMIERE VIDEO & PHOTO(FILM DEVELOPMENT) 48.56 ST. PAUL CITY OF(RADIO MAINTENANCE) 396.19 ST. PAUL CITY OF(REGISTRATION) 400.00 THE POLICE INSTITUTE(REGISTRATION) 45.00 * US WEST COMMUNICATIONS(MONTHLY SERVICE) 310.93 WH PENNY CO., INC.(SUPPLIES) 1,202.92 Total for Department 5,691.77 RECREATION DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 32.26 * HEALTH PARTNERS(INSURANCE) 390.01 * INTL OFFICE SYSTEMS, INC.(SUPPLIES) 79.83 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 * WYLAND, CATHY(NEWSLETTER PREPARATION) 188.52 Total for Department 694.88 SOLID WASTE ABATEMENT COMO LUBE & SUPPLIES, INC.(DRUM FOR OIL FILTERS) 20.00 COMO LUBE & SUPPLIES, INC.(CRUSHED OIL FILTERS) 50.00 * TODORA, GAIL(RECYCLING NEWSLETTER) 100.00 * WYLAND, CATHY(NEWSLETTER PREPARATION) 62.84 Total for Department 232.84 Claims Roster City of Lino Lakes sorted by Department, Grouped by Invoice Vendor Company (Entry Description) STREETS Amount * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 25.52 * AMERICAN FASTENERS OF MINNESOT(SUPPLIES) 61.88 ASHLAND CHEMICAL COMPANY(CHEMICALS) 282.00 * BRYAN ROCK PRODUCTS, INC.(CLASS 5) 5,962.93 * FOREST LAKE CONTRACTING, INC.(REGRADE,CLEAN BRUSH) 4,421.00 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 5.09 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 4.44 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 6.79 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 23.99 * GENERAL OFFICE PRODUCTS COMPAN(SUPPLIES) 68.98 H V JOHNSTON CULVERT CO., INC.(GUARD/MARILYN-BARBRA HLD PND) 133.57 HANSON, JOHN(UNIFORM ALLOWANCE) 127.78 * HEALTH PARTNERS(INSURANCE) 892.42 J & C TRUCKING, INC.(WASHED SAND) 2,364.30 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 4.26 NORTH AMERICAN SALT COMPANY(HIGHWAY SALT) 3,626.95 * OFFICEMAX, INC.(SUPPLIES) 7.32 * OSM, INC.(SEAL COATING '95) 92.25 RECTOR, JON(UNIFORM ALLOWANCE) 260.00 T.A. SCHIFSKY AND SONS, INC.(ASPHALT) 61.98 WILKE, CHARLES(UNIFORM ALLOWANCE) 90.01 Total for Department 18,523.46 Total for Fund 51,014.54 PROGRAM RECREATION RECREATION DEPARTMENT MIKASA SPORTS(BASKETBALLS) MIKASA SPORTS(VOLLEYBALLS) MRPA(REGISTRATION) TRIARCO ARTS/CRAFTS INC.(BREAKFAST/W SANTA SUPPLIES) SEWER OPERATING SEWER DEPARTMENT 80.00 70.00 318.00 18.79 Total for Department 486.79 Total for Fund 486.79 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) * HEALTH PARTNERS(INSURANCE) * MINNCOMM PAGING, INC.(MONTHLY SERVICE) NORTHERN WATER WKS SUP, INC.(FIELD SERVICE/#5 LIFT STATN) * OFFICEMAX, INC.(SUPPLIES) 1.58 3.40 37.62 322.35 6.39 307.03 1.22 Total for Department 679.59 Total for Fund 679.59 Claims Roster City of Lino Lakes sorted by Department, Grouped by Invoice Vendor Company (Entry Description) WATER OPERATING WATER DEPARTMENT Amount FEED RITE CONTROLS, INC.(CHEMICAL CONTAINERS) 10.00 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 2.33 * FRATTALLONE'S HARDWARE, INC.(SUPPLIES) 1.59 * GOPHER STATE ONE -CALL, INC.(MONTHLY SERVICE) 37.63 * HEALTH PARTNERS(INSURANCE) 459.96 MCCARTHY WELL COMPANY(REPAIR - WELL #1 & #2) 3,105.00 * MINNCOMM PAGING, INC.(MONTHLY SERVICE) 6.39 * OFFICEMAX, INC.(SUPPLIES) 1.22 * PETTY CASH(POSTAGE) 1.93 US WEST COMMUNICATIONS(MONTHLY SERVICE) 36.14 Total for Department 3,662.19 Total for Fund 3,662.19 Total for Checking Account 1010 36.14 ** Total ** $602,128.31 * - Invoice split to different Departments Page: 1 Date: 11/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Checking Account 1010 000040 - A T & T 000052 - A T & T 000110 - A T & T WIRELESS SERVICE 000210 - AMERICAN FASTENERS OF MINNESOTA, IN 000250 - AMERICAN PLANNING ASSN. 000350 - ANOKA COUNTY 000480 - ARCON CONSTRUCTION 000485 - ASHBACH CONSTRUCTION COMPANY 000487 - ASHLAND CHEMICAL COMPANY 000540 - AUTO -MEDICS, INC. 000680 - BEST LOCK SYSTEMS OF MN, INC. 000880 - BRYAN ROCK PRODUCTS, INC. 000929 - WILKE, CHARLES 000930 - WILLIAM G. HAWKINS & ASSOCIATES 000950 - C. W. HOULE, INC. 001100 - CIRCLE PINES POST OFFICE 001110 - CIRCLE PINES, CITY OF 001171 - COMO LUBE & SUPPLIES, INC. 001255 - CY'S UNIFORMS, INC. 001260 - D.C.A. INC. 001270 - DALCO, INC. 001299 - DETERMAN WELDING & TANK SERV, INC. 001349 - E. H. RENNER & SONS 001350 - E. G. RUD & SONS, INC. Amount 14.62 5.39 126.01 194.15 150.00 40.00 118,453.32 46,686.25 282.00 149.10 361.90 8,871.15 90.01 11,203.00 79,429.37 64.00 32.18 70.00 974.66 163.40 164.36 416.85 41,655.12 450.00 Page: 2 Date: 11/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 001434 - ERDAHL AERIAL PHOTOS 153.10 001480 - FEED RITE CONTROLS, INC. 10.00 001531 - FOREST LAKE CONTRACTING, INC. 216,255.56 001560 - FRATTALLONE'S HARDWARE, INC. 270.18 001608 - GENERAL OFFICE PRODUCTS COMPANY/INC 179.24 001620 - GLENWOOD INGLEWOOD, INC. 56.05 001680 - GOPHER STATE ONE -CALL, INC. 75.25 001770 - H V JOHNSTON CULVERT CO., INC. 133.57 001800 - HANSON, JOHN 127.78 001825 - HEALTH PARTNERS 10,127.00 001881 - HUGO HEATING AND COOLING 127.50 001940 - INTERIOR COMM SYSTEM, INC. 138.50 001980 - INTL OFFICE SYSTEMS, INC. 151.90 002020 - J & C TRUCKING, INC. 2,364.30 002105 - K & G DEVELOPMENT 24,121.20 002142 - KEYS WELL DRILLING COMPANY, INC. 14,118.19 002209 - LA LOVING 25.78 002511 - MCCARTHY WELL COMPANY 3,105.00 002682 - MIKASA SPORTS 150.00 002694 - MINNCOMM PAGING, INC. 25.56 002741 - MN CRIME PREVENTION PRACTIONERS,INC 40.00 002843 - MINNESOTA NAHRO (MN CHAPTER NATL 95.00 003050 - MRPA 318.00 003076 - MYHRER, RANDY 81.94 003228 - NORTH AMERICAN SALT COMPANY 3,626.95 003250 - NORTHERN STATES POWER, INC. 3.14 Page: 3 Date: 11/22/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name 003280 - NORTHERN WATER WKS SUP, INC. 003390 - OFFICEMAX, INC. 003430 - OSM, INC. 003490 - PETTY CASH 003590 - PREMIERE VIDEO & PHOTO 003700 - RECTOR, JON 003850 - ROYAL OAKS CAR WASH, INC. 003933 - SEALMASTER/ST. PAUL 004001 - SCHUMACHER, RANDALL B. 004030 - SMITH MICRO TECHNOLOGIES, INC. 004102 - ADVANCE RESOURCES FOR DEV., INC. 004125 - ST. PAUL CITY OF 004340 - T.A. SCHIFSKY AND SONS, INC. 004413 - THE POLICE INSTITUTE 004427 - TIMESAVER OFF-SITE SECRETARIAL 004456 - TODORA, GAIL 004470 - TRACY FUELS, INC. 004485 - TRIARCO ARTS/CRAFTS INC. 004670 - US WEST COMMUNICATIONS 004812 - WH PENNY CO., INC. 004850 - WYLAND, CATHY Total for Checking Account: 1010 ** Total ** Amount 307.03 337.91 4,825.13 162.35 48.56 260.00 7.72 162.22 52.29 1,000.04 2,500.00 796.19 61.98 45.00 176.25 400.00 1,523.08 18.79 1,559.32 1,202.92 754.00 602,128.31 $602,128.31 CITY OF CENTERVILLE CITY COUNCIL JOINT COUNCIL MEETING WITH HUGO AND LINO LAKES SEPTEMBER 14, 1995 MEETING NOTES The three councils got together to discuss the Joint Stormwater Comp Plan for Clearwater Creek and also the 35E Intersection business expansion. The Stormwater Comp Plan proposal would be to allow Clearwater Creek to.flow at a lower cfs (cubic feet per second) constantly. The current peak discharge is 417 cfs and this would reduce it by 30%, 275 cfs. They would put an additional, smaller culvert in at 35E. It would be placed lower than the current one to allow the constant run of water through but at a slow pace. They also want to widen the creek up from Lino Lakes and through Hugo to allow the storage ponds to drain. The funding would be from a storm drainage utility fund. The projected cost of the project is $1,200,000.00 over a 10 year period. This would allow utilization from the storage ponds without draining the increase rate of the creek. The plan is how water can be best drained and utilized more effectively. The proposal has been sent to Rice Creek Watershed Dist. (I forwarded a copy to Dave Nyberg, MSA on September 19, 1995). Rice Creek has it currently tabled for more detailed information. They have however, received comments of general support. Because Clearwater Creek is considered a ditch, they are running into problems with complying to ditch laws. In summery, this proposal would allow Clearwater Creek to run at a constant slower rate allowing the storage ponds also to drain. So when we get a week of rain yards, fields and streets will not be flooded. 35E Clearwater Creek Business Area Lino Lakes has the area around 35E and County Road 14 zoned as General Business and Light Industrial. There is a Clearwater Creek Housing Development going in on the east side of 35E - southeast of Centerville. There business area study consists of: elevated water storage, sanitary sewer, storm sewer and water mains. Res.ectfully submitted, Trudi Breuninger Assistant City Clerk City of Hugo COUNCIL MEETING OCTOBER 23, 1995 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES October 23, 1995 6:30 P.M. 9:25 P.M. Bergeson, Elliott, Kuether, Neal Reinert None Staff members present: City Attorney, Bill Hawkins; Acting City Engineer's, John Powell, Steve Heth and Kurt Johnson., Building Official, Pete Kluegel; Planning Coordinator, Mary Kay Wyland; Community Development Assistant; Mary LaForest; Recycling Coordinator, Jackie Constant., Chief of Police, David Pecchia; Financial Consultant, Ron Batty; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that an item titled, "Establishing a Policy for Rebroadcasting City Council Meetings" be placed under New Business. OPEN MIKE Remembering Bill Bohjanen - Mayor Reinert explained that past Mayor, Bill Bohjanen was killed early last week and asked for a moment of silence in remembrance of him. Mayor Reinert noted that Mr. Bohjanen has lived in Lino Lakes for many years and had been Mayor of the City as well as a Council Member. Mayor Reinert described many other offices held by Mr. Bohjanen and noted his very active membership in the VFW and in Gethsemane United Methodist Church. Mr. Bohjanen served his community well and was always ready when he was needed. Candyce Bohjanen-Hammitt, Eagan, Minnesota - Ms. Hammitt thanked the City Council, staff and residents of Lino Lakes for the support provided for Mr. Bohjanen's family. She asked the City to consider lowering the speed limits and adding additional street lighting before there are more deaths on City streets. CONSIDERATION OF DISBURSEMENTS October 23, 1995 - Council Member Kuether moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING OCTOBER 23, 1995 Centennial Fire District - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of a Joint Powers Agreement with Centennial School District for Youth Resource Program - Chief Pecchia explained that at the October 9, 1995 City Council meeting, the City Council approved the Police Department's request to enter into negotiations with the Centennial School District to develop a Joint Powers Agreement. The purpose of the Agreement is to formalize the Youth Resource Program to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. The Agreement sets out the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of Youth Resource Officer. The Lino Lakes Police Department and the Centennial School District have completed the necessary paper work for a Joint Powers Agreement. This Agreement has been reviewed by the City Attorney and the Centennial School District officials. A positive response was received from the City Attorney and the Centennial School District. Chief Pecchia recommended that the City Council approve and authorize the signing of the Joint Powers Agreement for a Youth Resource Officer Program. Council Member Elliott moved to approve and sign the Joint Powers Agreement between the City of Lino Lakes and the Centennial School District for a Youth Resource Officer Program. Council Member Neal seconded the motion. Motion carried unanimously. CENTENNIAL SCHOOL DISTRICT NO. 12 FACILITIES TASK FORCE REPORT, DONOVAN MAYNE AND RENEE' DIETZ Mr. Mayne explained that the Centennial School District appointed a 25 -member Citizen's Task Force to study and prepare a recommendation to the School Board regarding what facilities would be needed in the future. The Citizens Task Force recommendations are outlined in a "Referendum Fact Sheet" prepared by Centennial School District dated Fall, 1995. The Centennial area citizens will be asked to vote on three (3) questions which will be on the November 7, 1995 General Election ballot. Mr. Mayne reviewed each of the three (3) questions, outlined the cost of each question and how approval of each of the Questions on the ballot would affect property taxes. Ms. Dietz explained that the School District is currently renting/leasing space for its entire Early Childhood Family Education Program and approximately half of the Kindergarten Program. She outlined the proposal to build a new facility for these programs on property owned by the School District on Birch Street. This proposal it titled, "Question 3". PAGE 2 COUNCIL MEETING OCTOBER 23, 1995 Mr. Mayne asked the City Council to give favorable consideration to the Centennial School District referendum. Mayor Reinert asked if the proposed bond referendum would only construct facilities or would furnishing the facilities be included. Mr. Mayne said that proposal includes furnishings and staff. Mr. Mayne had noted that the Early Childhood Family Education Program is mandated by the Federal Government. Mayor Reinert asked if funding was provided for this Program. Mr. Mayne explained that this is not a "baby-sitting" program and there is Federal funding. Ms. Dietz said that if the program was cut from the Federal budget, the building could be used in many different ways. Ms. Dietz told the Council that there will be updates on the referendum in the Observer which should be in the mail by Friday. Council Member Neal referred to the sale of Lovell School several years ago. Mr. Mayne explained why that school was closed and sold. Mr. Mayne explained that part of the reason the School District is experiencing a shortage of classrooms is because of the population growth in the Centennial area. He also noted that families are getting larger. Mayor Reinert thanked Mr. Mayne and Ms. Dietz for their report. CLARIFICATION OF PROPOSED TAX LEVY, RANDY SCHUMACHER Mr. Schumacher explained that on September 11, 199.5, the City Council approved a preliminary tax levy for City operations in 1996. Shortly thereafter, a local newspaper ran an article explaining the impact of the proposed tax levy. The City received numerous telephone calls and letters indicating their interpretation of the newspaper article reflected significant tax increases to their property. In reality, the proposed tax levy would have no tax increase to the property owners. In fact, new figures from Anoka County indicate that there will be a slight reduction in the tax each property owner would pay to the City. Mr. Schumacher also explained that the Centennial School District voiced concerns over the newspaper article. They felt an unclear message was being sent to residents, and this might negatively affect their November bond referendum. Mr. Schumacher used the overhead projector to show a chart which outlines the City portion of the property tax from 1990 to 1996. The average increase over these years was very insignificant. Mayor Reinert noted that in a recent publication, Lino Lakes had dropped from the top 10 highest property taxed City to number 62. This is significant and shows that the City is addressing this important issue. PAGE 3 COUNCIL MEETING OCTOBER 23, 1995 PUBLIC HEARING, 1995 ASSESSMENT ROLLS FOR COUNTRY LAKES ESTATES, PLAT 2, OAKS OF LINO, PHEASANT HILLS PRESERVE 6 ADDITION, PINE RIDGE, 3RD ADDITION, WENZEL FARMS, 5TH ADDITION AND WOODS OF BALDWIN LAKE, 2ND ADDITION Mayor Reinert opened the public hearing at 7:21 P.M. Mr. Powell explained that he and Mr. Heth will address the 1995 assessment rolls. Country Lakes Estates, Plat 2 The first assessment project is Country Lakes Estates, Plat 2 located on the north side of Birch Street and west of Living Waters Lutheran Church. Mr. Powell used the overhead projector to show the location of this project and noted that this is the second and final phase of Country Lakes Estates. The first phase was assessed in 1994. Mr. Powell presented an overview of the project and then outlined the assessments. The total amount to be levied is $385,654.64 which will be spread over 28 lots. There were no questions or comments regarding this assessment from the City Council or the audience. Oaks of Lino The Oaks of Lino subdivision is located offthe west end of the D. Erickson's Subdivision which is south of Birch Street. Mr. Powell used the overhead projector to show the location of the project and explained that the improvements were developer installed. He presented an overview of the project and noted that the assessments consist of Area and Connection Charges, installation of the wear course and Surface Water Management charges. The total assessment of $47,989.08 will be spread over nine (9) lots. There were no questions or comments regarding this assessment from the City Council or the audience. Wenzel Farms, 5th Addition The Wenzel Farms, 5th Addition is the last addition to be completed in Wenzel Farms. This subdivision is south of Elm Street and is west of Lake Drive. Mr. Powell used the overhead projector to show the location of the project and explained that the improvement were developer installed. He presented an overview of the project and noted that the assessments consist of Area and Unit Connection Charges, and Surface Water Management Charges. The total assessment of $142,081.20 will be spread over 41 lots. Council Member Kuether asked Mr. Powell in areas where the roads are private and the developer does the wear course installation, is there an escrow established to ensure that the wear course will be installed. Mr. Powell explained that the City Improvement Policy states that in every development an escrow account is established or a letter of credit is PAGE 4 COUNCIL MEETING OCTOBER 23, 1995 presented to the City to guarantee that the project will be completed. These financial guarantees are retained by the City until the work is completed. There were no other questions or comments regarding this assessment from the City Council or the audience. Woods of Baldwin Lake, 2nd Addition The Woods of Baldwin Lake, 2nd Addition is located at the old termination of Woodridge Lane in the southeast quadrant of White Pine Road and Baldwin Lake Road. This project allowed for the completion of Woodridge Lane to Baldwin Lake Road and also for the improvement of White Pine Road throughout the length of the project. Mr. Powell noted that this is a City financed project. He used the overhead projector to show the location of the project and noted that the assessments consist of sanitary sewer and watermain lateral extension, street extension, Area and Connection Fund charges, and Surface Water Management Fund charges. The total assessment of $203,387.08 will be spread over 13 lots. Mr. Powell noted that there was some deviation from the current street standards to allow for construction of portions of the street to be installed without curb and gutter. This will minimize the impact on the wetlands and reduce the amount of flow that is routed through the storm sewer. This provides for maintaining the existing topography closer with less disruption. There were no comments or questions from the City Council or the audience. Pheasant Hills Preserve, Gth Addition, Steve Heth The Pheasant Hills Preserve, 6th Addition is located on the northeast portion of the Pheasant Hills Preserve development. Mr. Heth used the overhead projector to show the location of the project and noted that this improvement was developer financed. The assessments include Area and Connection charges, seal coat and wear course charges and Surface Water Management charges. The total assessment of $103,329.83 will be spread over 19 lots. There were no comments or questions from the City Council or the audience. Pine Ridge, 3rd Addition The Pine Ridge, 3rd Addition is connected to Pine Ridge, 2nd Addition and abuts the east side of Ware Road. Mr. Heth used the overhead projector to show the location of the project. This improvement is also a developer installed improvement. The assessments consist of Area and Connection Charges and wear course charges and Surface Water Management charges. The total assessment of $93,594.43 will be spread over 17 lots. PAGE 5 COUNCIL MEETING OCTOBER 23, 1995 Two (2) lots facing Ware Road will not be developed at this time. There is some uncertainty as to where the Metropolitan lift station facility will be constructed. These two (2) lots will be held and no assessment certified to them until it is know where the lift station will be constructed. There were no questions or comments regarding this assessment from the City Council or the audience. Council Member Elliott moved to close the public hearing at 7:44 P.M. Council Member Neal seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 137 ADOPTING THE ASSESSMENT FOR COUNTRY LAKES ESTATES, PLAT 2 Council Member Elliott moved to adopt Resolution No. 95 - 137 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 138 ADOPTING THE ASSESSMENT FOR OAKS OF LINO Council Member Elliott moved to adopt Resolution No. 95 - 138 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 139 ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE, 6TH ADDITION Council Member Bergeson moved to adopt Resolution No. 95 - 139 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 140 ADOPTING THE ASSESSMENT FOR PINE RIDGE, 3RD ADDITION Council Member Bergeson moved to adopt Resolution No. 95 - 140 as presented. Council Member Elliott seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 141 ADOPTING THE ASSESSMENT FOR WENZEL FARMS, 5TH ADDITION Council Member Elliott moved to adopt Resolution No. 95 - 141 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. RESOLUTION NO. 95 - 142 ADOPTING THE ASSESSMENT FOR WOODS OF BALDWIN LAKES, 2ND ADDITION PAGE 6 COUNCIL MEETING OCTOBER 23, 1995 Council Member Elliott moved to adopt Resolution No. 95 - 142 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC HEARING, ESTABLISHING A CITY HOUSING AND REDEVELOPMENT AUTHORITY, RESOLUTION NO. 95 - 143, RANDY SCHUMACHER Mayor Reinert opened the public hearing at 7:46 P.M. Mr. Schumacher explained that in December, 1994, the Anoka County Board of Commissioners created the Anoka County Housing and Redevelopment Authority (HRA). A memorandum from Ms. Wyland outlining the history of actions to date was attached to the "green sheet" included in the City Council packets. Ms. Wyland and Mr. Ron Batty were present to discuss whether or not the City of Lino Lakes should establish its own HRA or support the Anoka County HRA and its proposed budget and tax levy. After Anoka County created the Anoka County I -IRA, they developed a housing survey which has a lot of quality information about housing in Anoka County. Anoka County is proposing a tax levy for 1996 of $234,704.00. The City of Lino Lakes would be contributing $56,998.00 of this amount. At this time 12 other cities in Anoka County are proposed to participate in the overall levy. There are nine (9) other cities in Anoka County who already have their own HRA in place and they would not be participating in the Anoka County HRA. The Anoka County HRA is currently studying senior housing as well as housing rehab. The intent of the Anoka County HRA is to return the levied dollars back to the communities where the levy carne from by doing projects in the future. Mr. Batty explained that the Council packet included a resolution that if adopted would create the Lino Lakes Housing the Redevelopment Authority. The resolution makes the necessary findings that there are blighted conditions within the City or that there is a lack of safe and sanitary housing for low and moderate income people. If the resolution is adopted, a copy must be sent to the commissioner of trade and economic development and a copy must be published in the City legal newspaper. A second resolution will be required to appoint commissioners. The commissioners can consist of the City Council members or other citizens of the City. Mr. Batty noted that several years ago the City created an Economic Development Authority. This is what the City is currently using for economic development activities. Economic Development Authorities have become popular because they have the power of economic development authorities under the EDA Act and they also have the power of a housing and redevelopment authority under the HRA Act. They also have the power of a City Council operating under a City Development District Act. The Economic Development Authorities have the power under three (3) separate realms if they are given the power to do so in the resolution adopting them. When the City Council created the Lino Lakes EDA in 1990, the City Council conveyed upon the EDA the power to operate PAGE 7 COUNCIL MEETING OCTOBER 23, 1995 in all three (3) areas. Although the City does not have a I -IRA, the City does have an entity which has full HRA power. Council Member Bergeson asked that since Anoka County is proposing to assess Lino Lakes under the County HRA, is it correct to assume that they have already found that there are blighted conditions and/or lack of safe and sanitary housing in Lino Lakes. Mr. Batty said that the County would have had to make the same findings in areas of the County that were not covered by pre-existing city I -IRA's. County Commissioner Margaret Langfeld was present and noted that the City Council will be making a very difficult decision tonight on this matter. She explained that there are several good reasons for the City to approve its own HRA. One reason is that the City would have control of the HRA and would be able to target where the City wants the dollars to be spent. Commissioner Langfeld also said there are also good reasons to belong to the County HRA as well. Commissioner Langfeld explained that the County had reviewed every City in Anoka County to determine whether or not a HRA was needed. It was determined that it is clear that a HRA was needed. Commissioner Langfeld exhibited an Anoka County map showing properties in each of the cites where property value has remained constant or lost market value. The map clearly shows that there are properties in Anoka County that need rehab. Anoka County decided to initiate a HRA because blight will affect the property values and in turn this will affect the County taxing base as well as the quality of the cities and the neighborhoods. Some cities and counties to the south and west of Anoka County have some severe blight. Commissioner Langfeld said that it feels that it is moving out. Commissioner Langfeld said the County needed to do something to stop the spread of blight into these areas or some cities in Anoka County will look the same as in the adjacent blighted communities. Commissioner Langfeld explained that it has taken a long time for the County to establish a HRA. The timing has not worked well, however, Anoka County is at the mercy of the legislature. Anoka County was required to establish a levy well before it was determined what the cities were doing. This has put Anoka County into the position of making decisions without full information. Anoka County is still gathering more information. Commissioner Langfeld noted that there still are many cities who have not made a decision in this matter. Speculation is that larger cities in Anoka County will not join the Anoka County HRA. However, this is just speculation especially when they become aware of the challenge that they have before them. The Minnesota Housing Finance Agency would prefer to deal with one entity such as a County HRA with multiple members. Another good reason for considering joining the County HRA is that the more cities that participate, the more money will be available for a project. This is why the County is sure that whatever the citizens are taxed, the same amount will be returned to the community. Commissioner Langfeld also explained that Minnesota Housing Finance is familiar with Anoka County through the community action agencies who have an excellent track record. This helps a lot in establishing a relationship with the Minnesota Housing Finance Agency. Another reason Anoka County is putting a HRA in place is because when there are opportunities, the County can take advantage of them. The County has PAGE 8 COUNCIL MEETING OCTOBER 23, 1995 missed opportunities because there was no HRA. Regardless of how many cities participate in the County HRA, the County will establish a HRA so that the County will no longer miss any opportunities. Commissioner Langfeld noted that the senior population is growing tremendously. Every community is being asked by its citizens to do something about senior housing. She complimented Lino Lakes for work in providing some senior housing. Commissioner Langfeld explained that it would be beneficial for several cities to cooperatively prepare a proposal for senior housing. Such a proposal would be well received by the Metropolitan Council. Commissioner Langfeld felt that there will be more benefits in the future. At this time the entire project is vague. Mayor Reinert noted that if the City of Lino Lakes decides to form its own HRA, it could be abolished in the future if a HRA district is formed. He felt that it is best for Lino Lakes to form its own HRA and then watch what happens in the future. Commissioner Langfeld noted that the City Council will be making this same decision annually. Mr. Yantos, Deputy County Administrator and the acting HRA Director displayed a map showing areas of blighted housing in the County. He noted that there are about 13,000 housing units in Anoka County in need of rehab. There about 368 owner/occupied units and approximately 15 rental units in need of rehab in Lino Lakes. Senior housing is also an area that the County HRA is addressing. Mr. Yantos explained that the senior population will increase greatly in the next 10 years. Adequate housing for this portion of the population will be a great concern. He explained that programs have been created to determine the need in each city and then the County will use the dollars levied from each community to offset the needs. Mr. Yantos felt another benefit of a county HRA is staffing that will meet the needs of each community. Council Member Bergeson asked how it can be determined if a house has not been taken care of because the owner could not afford to or if the house has not been kept up because the owner has simply made a decision to not keep the property up to standard. Mr. Yantos said that this is a difficult situation and would require that each situation be individually evaluated. There are some guidelines that can be used to evaluate each situation. Ms. Kim Sullivan explained that when Metropolitan Council met with the Growth Group (20/20 Vision) earlier this year, they did indicate that Lino Lakes is an appropriate place for rehab housing versus building new affordable housing. She felt that the Metropolitan Council would support the Anoka County HRA proposals. Ms. Sullivan said she would support a Lino Lakes HRA because she felt that the City can control better what happens within our own community. She also suggested that a HRA be formed separate from the Lino Lakes Economic Development Authority because it would bring a different and broader viewpoint into some of the housing issues. PAGE 9 COUNCIL MEETING OCTOBER 23, 1995 Mayor Reinert thanked Mr. Yantos and Commissioner Langfeld for their presentation. Council Member Elliott moved to close the public hearing at 8:10 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 95 - 143 Establishing a City Housing and Redevelopment Authority. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott said she did not feel comfortable assessing the citizens of Lino Lakes for a program before evaluating the needs of Lino Lakes. Council Member Bergeson noted that the resolution does not address who will on the HRA board. He suggested that the HRA be a separate group that would meet at a different time than the Economic Development Authority. Mr. Batty explained that another resolution will which will outline who sits on the HRA board. Council Member Kuether said she felt that the HRA should be put in place and then later decide if the City should keep its own HRA or join the Anoka County HRA. FIRST READING, ORDINANCE NO. 17 - 95 AMENDING THE COMMERCIAL SOLID WASTE COLLECTION ORDINANCE, JACKIE CONSTANT Ms. Constant explained that Ordinance No. 95 - 94 was passed by the City Council in April, 1994. The ordinance required that commercial solid waste haulers be licensed. The ordinance also limited the number of commercial solid waste haulers to six (6). The ordinance should have limited the number of commercial solid waste haulers to seven (7). Ordinance No. 17 - 95 will allow eight (8) commercial solid waste haulers to work in Lino Lakes. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 17 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Site Plan Review for the Fogerty/Custom Remodelers Improvement in the Apollo Business Park - Ms. LaForest introduced Mr. Bill Fogerty of Fogerty/Custom Remodelers. Mr. Fogerty is proposing to build a 32,000 square foot office/warehouse facility in the Apollo Business Park. Custom Remodelers is a family owned remodeling/telemarketing company that has outgrown its location in Blaine and plans to own and occupy 15,000 square feet of the facility. The company has demonstrated strong growth over its five (5) year existence and employs 30 full-time employees and 20 contract employees. Mr. Fogerty will own the remaining 17,000 square feet to provide leasable manufacturing/ warehousing space within the Business Park. Ms. LaForest also PAGE 10 COUNCIL MEETING OCTOBER 23, 1995 introduced Mr. Craig Carpenter, President of Custom Remodelers and Darrell Anderson of the Design Partnership, the project architect. Ms. Wyland explained that the Apollo Business Park is zoned General Industrial with a minimum lot size of one (1) acre and 100 feet of front footage. This proposed development will be located on a three (3) acre parcel. The Economic Development Department has reviewed this request and recommends approval. Tax Increment Financing (TIF) is available for development of the site. A minor subdivision will be required and will be reviewed by the Planning and Zoning Board and City Council in November. Site plan review is before the City Council at this time to facilitate the TIF Financing arrangements that are necessary for the development. The proposed building meets or exceeds the setback requirements for the General Industrial District. The building height is well within the District standards, adequate green area is provided and landscaping and buffering have been designed. The landscape plan is subject to the review and approval of the City Forester. The proposed construction has been reviewed and approved by the Economic Development Advisory Board for aesthetic compatibility. The exterior is proposed as a combination of smooth block, rock face block and metal coping along the roof line. The block will be painted with a contrasting color window treatment on the smooth block surface. A total of 96 off-street parking spaces have been provided which should be adequate to serve the site as designed. The parking area will be designed to City standards and handicapped spaces provided according to ADA rules and regulations. The site will be accessed by a shared driveway with UDOR, U.S.A. A shared driveway agreement will be required prior to construction. The site plan indicates that the trash handling area will be enclosed and located on a rear corner. The area is required to be screened from public view from both I35W and Apollo Drive. The dock and loading area is located adjacent to I35W with a large stand of evergreen trees intended to screen the area from view of travelers on I35W. The City Forester will review the landscape plan to insure placement of trees and sizing to adequately screen the loading dock area from I35W. The off street parking area will be illuminated so as to reflect light away from adjoining properties. A ground sign will be located at least 20 feet from the front property line. Staff is requiring that all provisions of the Sign Ordinance be met in relation to this proposed construction and proper sign permits will be obtained from the Building Department. Plans for on-site grading, drainage and utilities are subject to review and approval of the City Engineer. PAGE 11 COUNCIL MEETING OCTOBER 23, 1995 Staff recommends that the site plan be approved with the following conditions: 1. The applicant shall sign a development agreement and post financial guarantees as specified by City Staff prior to issuance of any building permits. This development agreement shall include provisions for the shared driveway. 2. The City Engineer shall review and approve all utility, drainage and grading plans. The City Forester shall approve all landscape plans. Freeway landscaping shall provide an effective visual screen of the loading area with no adverse effect on the drainage easement. Proper sign permits shall be obtained prior to installation of signage. 5. The parking area shall be constructed according to City standards with concrete curb, gutter, bituminous paving and handicapped spaces as required by the ADA Rules and Regulations. The roof top heating and ventilating units shall be properly screened. Prior to issuance of any building permits, the City shall review and approve a Minor Subdivision for the site. If for any reason the minor subdivision is not approved by the City, the site plan review shall become null and void. The Planning and Zoning Board reviewed the request at their October meeting and recommended approval with the conditions previously outlined. Mr. Fogerty said that he liked the site in Lino Lakes. Mr. Anderson displayed the plan for the site and explained some of the difficulties in designing an acceptable plan for the site. Council Member Kuether moved to approve the Site Plan for Fogerty/Custom Remodelers. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 95 - 144 Award Bid for Construction of Pumphouse No. 4, Kurt Johnson, TKDA - Mr. Johnson explained that bids were opened this morning for construction of the pumphouse at well No. 4 and an alternate item, an irrigation system for the lawn. There were six (6) bidders. The TKDA estimate was $276,000.00 for the pumphouse and $5,000.00 for the irrigation system. The low bid was from Mills Concrete Restoration of Fridley, Minnesota in the amount of $297,300.00 and $5,100.00 for the sprinkler system. Mr. Johnson noted that many contractors have plenty of work for the season which generally means that the bids will be higher than if they were solicited earlier in the year. In addition, the schedule for completion of the project is very PAGE 12 COUNCIL MEETING OCTOBER 23, 1995 aggressive to get the pump on line as soon as possible. This is why all bids were above the engineer's estimate. Mills Concrete Restoration is a relatively new firm. Investigation of their references indicates that they have been performing satisfactory work. Although TKDA has had no experience working with this firm, the people who own and operate the firm have been in the industry for some time. Much of the actual work will be completed by subcontractors. All of the subcontractors are known to TKDA. Mr. Johnson recommended that the bid be awarded to Mills Concrete Restoration. Mr. Johnson noted that the pumphouse is the entry point to the Clearwater Creek subdivision. This presents a concern regarding appearance of the lot. The time it would take to maintain the large lot as well as creating a good growing environment for the seeding and sodding process, seemed to indicate a sprinkler system was needed. Mr. Johnson recommended awarding the sprinkler system to Mills Concrete Restoration. Mayor Reinert asked Mr. Johnson to explained why the sprinkler system was bid as an alternate. Mr. Johnson explained that bidding the sprinkler system as an alternate allows the City Council to choose whether or not to install a sprinkler system along with the pumphouse. Mayor Reinert said he felt that a sprinkler system should be part of this improvement but felt that the bid price was very high. Mr. Johnson said that a sprinkler system could be delayed until the landscaping is designed. Mr. Schumacher noted that Mills Concrete Restoration is relatively unknown and asked if there is anything that can be done to insure the project will be completed as designed. Mr. Johnson explained that a performance bond is required to insure completion of the project. Mr. Schumacher suggested that additional inspections would be appropriate. After further discussion, Council Member Neal moved to not approve the bid and investigate Mills Concrete Restoration ftirther. There was no second to the motion and the motion died. Mr. Powell suggested that if the Council was uncomfortable awarding the bid this evening, they could adopt a motion accepting the bids. He also explained that this action would delay the project about three (3) weeks. Mr. Johnson noted that the newspaper ad had indicated that the bids would be acted upon this evening. Mr. Hawkins explained that if the City Council is thinking about rejecting the Mills Concrete Restoration bid, the City Council must prove that the individuals operating the company are not responsible persons. Council Member Kuether moved to approve Resolution No. 95 - 144 awarding the bid to Mills Concrete Restoration without the sprinkler system. Council Member Elliott seconded the motion. Council Member Bergeson noted that posting a performance bond is standard procedure and if a bond cannot be secured by this firm, the City Council would have to reject the bid and award to the next lowest bidder. Voting on the motion, motion carried with Council Member Neal voting no. PAGE 13 COUNCIL MEETING OCTOBER 23, 1995 Resolution No. 95 - 144 can be found at the end of these minutes. Consideration of Resolution No. 95 - 145 Receiving Plans and Specifications and Authorizing Advertisement for Bids, Trapper's Crossing, Steve Heth Mr. Heth explained that plans and specification have been completed for the Trapper's Crossing public improvements. Bids will be opened Thursday, December 7, 1995 at 10:00 P.M. A bid tabulation will be presented to the City Council on December 11, 1995. Mr. Heth recommended that the City Council adopt Resolution No. 95 - 145. Council Member Kuether moved to adopt Resolution No. 95 - 145. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 145 can be found at the end of these minutes. Lake Drive (CSAH 23)/Hodgson Road (TH 49) Intersection Improvement Disbursement to Forest Lake Contracting - Mr. Heth explained that Forest Lake Contracting presented a request for partial payment after the Disbursement Listing was completed. The request for payment is in the amount of $593,925.44. Since there will be three (3) weeks until the next disbursement, Mr. Heth recommended that the City Council approve the disbursement at this time. There was discussion regarding submitting requests for payment in a timely manner. Mr. Schumacher asked how many payments would be given to the contractor. Mr. Heth explained there would be five (5) payments with the final payment being made in the spring. Mr. Schumacher noted that the City is paying all of the expensedsconnected with the project and then will submit reimbursement requests from the other agencies involved in the improvement. He asked Mr. Heth to provide the City Council with an up to date schedule of what other agencies will pay toward the improvement. Council Member Neal moved to delay payment of this request until the next City Council meeting. There was no second to the motion. Council Member Bergeson asked if the City had dollars to pay such a large request. Mr. Schumacher explained that the Finance Department will check to see if there is money available at this time. Council Member Kuether moved to approve the disbursement subject to availability of funds. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Heth will notify the contractor to submit payment requests in a timely manner. PAGE 14 COUNCIL MEETING OCTOBER 23, 1995 ATTORNEY'S REPORT, BILL HAWKINS FIRST READING, Ordinance No. 18 - 95 Establishing the Position and Duties of Electrical Inspector - Mr. Hawkins explained that at a previous meeting, the City Council authorized the City to enter into a contract for the electrical inspection services to be provided by the City and taking the responsibility from the State of Minnesota. Before the contract can be implemented the City Code must adopt an ordinance amending the City Code by establishing the position and duties of an electrical inspector. A draft ordinance has been completed establishing the position and duties of an electrical inspector. Council Member Bergeson noted Subdivision 2 and explained that he would want it clear that this is not an employee of the City. Mr. Hawkins explained that the contract is clear in that this position is definitely a contracted position. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 18 - 95. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 19 - 95 AMENDING CHAPTER 211, PARKS, RECREATION AND ENVIRONMENTAL BOARD, SECTION 211.05, RANDY SCHUMACHER Mr. Schumacher explained that the current ordinance dealing with Park Board compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. The language in Ordinance No. 19 - 95 will amend the current ordinance clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the full quarterly salary. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 19 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, ORDINANCE NO. 20 - 95 AMENDING CHAPTER 212, PLANNING AND ZONING BOARD, SECTION 212.06, RANDY SCHUMACHER Mr. Schumacher explained that the current ordinance dealing with the Planning and Zoning Board compensation is unclear as it relates to payment of board members who do not attend all regularly scheduled meetings. The language in Ordinance No. 20 - 95 will amend the current ordinance clarifying the fact that if a member misses a regularly scheduled meeting, he/she will not be paid the full quarterly salary. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 20 - 95 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 15 COUNCIL MEETING OCTOBER 23, 1995 OLD BUSINESS There was no old business. NEW BUSINESS Consideration of an Application for Authorization for an Exemption from Lawful Gambling License, Lino Lakes Elementary PAB - Mrs. Anderson explained that the Lino Lakes Elementary School located on Main Street has an active parent group. This group conducts one major event each year to raise money for such things as playground equipment. Since the Minnesota Gambling Statutes allow a non-profit group to be excluded from obtaining a license if they conduct fewer that five (5) events per year, the City Council is also asked to approve the exemption. Council Member Elliott moved to approve the request from the Lino Lakes Elementary PAB for exemption from Lawful Gambling License. Council Member Bergeson seconded the motion. Motion carried unanimously. PROCLAMATION, 50th Anniversary of World War II Commemoration Week - Mayor Reinert read the proclamation. Council Member Neal moved to adopt the proclamation as read. Council Member Elliott seconded the motion. Motion carried unanimously. FOR YOUR INFORMATION, White Bear School Board's invitation to Attend a Meeting on Monday, October 30, 1995 to Discuss Issues With Communities Within the District - Mr. Schumacher explained that Ms. Wyland and Ms. LaForest will be attending the meeting and will update the City Council on the meeting. Rebroadcasting the City Council Meeting - Mr. Schumacher explained that at a work session there was discussion regarding preparation of a rebroadcasting policy. 1 -ie noted that the City Council meetings were rebroadcasted on a regular basis. Because of equipment problems rebroadcasting is very difficult. Council Member Kuether moved to establish a policy for rebroadcasting Council Meetings and also broadcast the agenda as soon as possible. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 9:25 P.M. Council Member Kuether seconded the motion. Aye. PAGE 16 COUNCIL MEETING OCTOBER 23, 1995 These minutes were considered, corrected and approved at a regular Council meeting held on November 27, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 17 Council Member Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 137 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF COUNTRY LAKES ESTATES, PLAT 1 WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Country Lakes Estates, Plat 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it Such assessment 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 this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 3 I, 1995, To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 3 I, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. RESOLUTION NO. 95 - 137 PAGE -2- Vernon F. Reinert, Mayor ^. ,, lai it n G. etnderson, Clerk -Treasurer 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 Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 138 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF OAKS OF LINO WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Oaks of Lino NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment 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 oldie adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 3 I, 1995_ To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. RESOLUTION NO. 95 - 138 PAGE -2- Vernon F. Reinert, Mayor 1) 6—'1A. Marilyn G. nderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the tollowing voted in favor thereof: Bergson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 139 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PHEASANT HILLS PRESERVE, 6TH ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve, 6th Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment 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 this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 3 I, I99S To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. RESOLUTION NO. 95 - 139 PAGE -2- Vernon F. Reinert, Mayor �'� y c r ^ C.1..�lL-c it -/)!')Y\- Mari yn 1!')? -\,Marilyn G;,Andrson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the tollowing voted in favor thereof Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None . Whereupon said resolution was declared duly passed and adopted. Bergeson Council Member adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 140 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PINE RIDGE, 3RD ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Pine Ridge, 3rd Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO.) LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment 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, 1990 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 this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments_ 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. RESOLUTION NO. 95 - 140 PAGE -2- Vernon F. Reinert, Mayor 1 Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof Bergeson, Elliott, Kuether, Neal, 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 RESOLUTION NO. 95 - 141 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF WENZEL FARMS, 5TH ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Wenzel Farms, 5th Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment 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 this assessment resolution. To the First installment shall be added interest on the entire assessment from the date of this resolution until December 3 I, 1995. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995. RESOLUTION NO. 95 - 141 PAGE -2- Vernon F. Reinert, Mayor Marilyn Anderson, Clerk -Treasurer 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. \Vhereupon said resolution was declared duly passed and adopted. Council Member Elliott adoption: introduced the following resolution and moved its RESOLUTION NO. 95 - 142 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF WOOD OF BALDWIN LAKE, 2ND ADDITION WHEREAS: pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Woods of Baldwin Lake, 2nd Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment 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, 19% 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 this assessment resolution. To the First installment shall be added interest on the entire assessment fi-om the date of this resolution until December 31, 1995_ To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 Treasurer, except that no interest shall he charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 23rd day of October, 1995_ RESOLUTION NO. 95 - 142 PAGE -2- Mari yn C Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor 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 Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95 - 143 RESOLUTION ESTABLISHING A HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF LINO LAKES WHEREAS, Minnesota Statutes, Section 469.001 et seq. ("HRA Act") authorizes cities to establish a housing and redevelopment authority with specified powers and obligations within the community; and WHEREAS, the City Council of the City of'Lino Lakes ("City") has held a public hearing on the establishment of a housing and redevelopment authority following published notice as required by the HRA Act, at which hearing the views and opinions of all those wishing to express same were heard, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: The City finds that there are substandard, slum or blighted areas existing within Lino Lakes that cannot be redeveloped without government assistance. 2. The City finds that there is a shortage of decent, safe and sanitary dwelling, accommodations available to persons of low income and their families at rentals they can afford. The City finds there is a need for a housing and redevelopment authority to operate within Lino Lakes. The Housing and Redevelopment Authority in and for the City of Lino Lakes (the "HRA") is hereby established pursuant to the HRA Act. The HRA shall have all of the powers, rights, duties and obligations confirmed on housing and redevelopment authorities by the HRA Act. RESOLUTION NO. 95 - 143 Page -2- The City Clerk -Treasurer is hereby authorized and directed to publish this resolution in the manner in which ordinances are published in Lino Lakes. 7. The City Clerk -Treasurer is hereby authorized to file a certified copy of this resolution with the commissioner of trade and economic development. Pursuant to Section 469.003, subd. 5 of the HRA Act, the City shall appoint a five (5) member commission to operate the HRA following the effective date of this resolution. Adopted by the Council of the City of Lino Lakes this 23rd day of October, 1995. Vernon F. Reinert. Mayor it kCa.:'Z` Marilyn Cid nderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following, voted against sante: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 144 RESOLUTION ACCEPTING BIDS FOR THE CONSTRUCTION OF PUMP HOUSE NO. 4 (CLEARWATER CREEK) WHEREAS: pursuant to an advertisement for bids for the construction of Well House No. 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AMOUNT OF BID Mills Concrete Restoration 7586 State Highway 65, NE Fridley, Minnesota 55432 Municipal Builders, Inc. 17125 Roanoke Street NE Anoka, Minnesota 55304 Sheehy Construction Company, Inc. 360 West Larpenter Avenue St. Paul, Minnesota 55113 Jay Brothers, Inc. 9218 Lake Drive NE Forest Lake, Minnesota 55025 The Belair Companies 2200 Old Highway 8 New Brighton, Minnesota 55112 Langer Construction 54 East Moreland Avenue West St. Paul, Minnesota 55118 5 ?07,300 00 + 55,100.00 5 ;01,000.00 + 55,500 00 5 337,300 00 + S5,200.00 5 337,500 00 + 56,500 00 5 350,360 00 + 54,850.00 5366,000.00 + 55,275 00 WHEREAS, it appears that Mills Concrete Restoration, 7586 State Highway 65 NE, Fridley, Minnesota 55432, is the lowest responsible bidder, RESOLUTION NO. 95 - 144 Page -2- 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 Mills Concrete Restoration, Fridley, Minnesota, for the base bid only (irrigation system omitted) in the name of the City of Lino Lakes for the construction of Pumphouse No. 4, according to the plans and specification on file in the office of the City Clerk. 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 23rd day of October, 1905. Vernon F. Reinert, Mayor • Marilyn (i.JAnderson, Clerk -Treasurer The motion for adoption of the toregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in tavor thereof: Bergeson, Elliott, Kuether, Reinert. The following voted against same: Neal Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 145 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE TRAPPERS CROSSING IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on August 28, 1995, the City Engineer has prepared plans and specifications for the Trappers Crossing 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 to two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Thursday, December 7, 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, December 11, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 23rd day of October, 1995. Vernon F. Reinert, Mayor /i i.vt 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 duly passed and adopted. AGENDA ITEM 4A STAFF ORIGINATOR David J Pecchia, Chief of Police DATE November 27, 1995 TOPIC An Ordinance Amending Lino Lakes Code by Adopting the Anoka County Juvenile Curfew Ordinance #95-2 BACKGROUND The Anoka County Board adopted a curfew ordinance that conform to others in the metropolitan area. At the City Council meeting of September 25, 1995, the Lino Lakes Police Department requested that the Lino Lakes City Council adopt a resolution in support of establishing a County -wide Curfew Ordinance which would conform with other metropolitan counties. The City Council approved their support by resolution on September 25, 1995. The City Attorney has reviewed our current curfew ordinance and has recommended the attached ordinance amendment be adopted. This will effectively adopt the Anoka County Juvenile Curfew Ordinance as our own. OPTIONS 1. Approve City Attorney's recommended ordinance amendment. 2. Deny RECOMMENDATION 1. Approve ordinance amendment Council Member adoption: introduced the following ordinance and moved its CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 23 - 95 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY DELETING CHAPTER 500 AND REPLACING IT WITH THE ANOKA COUNTY JUVENILE CURFEW The City Council of the City of Lino Lakes ordains: Chapter 500, Section 501 of the Lino Lakes City Code is amended to read as follows: Subdivision I. Anoka County Juvenile Curfew Ordinance. The Anoka County Juvenile Curfew Ordinance is hereby adopted by reference and shall govern within the City, in accordance with its terms. Subdivision 2. Effective Date. This ordinance shall be effective thirty days after its passage and publication by the City Council. Pass this day of , 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance 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. -NOV 22 '95 11:53AM LINO LAKES P.D. TIM YANiOS Deputy County Adm(nlstralor Direct JM3-682 P.2 COUNTY OF ANOKA Mr. Randy Schumacher Administrator, City of Lino Lakes 1189 Main Street Lino lakes. MN 56014 Dear Mr. Schumacher. Office of County Administration GOVERNMENT CENTER 2100 3rd Avenue - Anoka, Minnesota 5530-2265 (612) 323.5680 October 16, 1995 Please be advised that the Anoka County Board of Commissioners, at the most recent meeting of Tuesday, October 10, 1995, adapted Ordinance #95-2, Juvenile Curfew Ordinance, a copy of which is attached for your review. This ordinance would overlay any current local curfew ordinance. Existing ordinances would remain in effect and may be amended by the city council or town board. For instance, the county ordinance may provide for an 11:00 curfew with the city ordinance providing for a i0:00 curfew, The 10:00 curfew is more limiting and, therefore, controls. However, if the city ordinanoe had provided for an 11:30 cu -few, the county curfew at 11:00 would control. Please note that the effective date of the ordinance Is December 1, 1995. Should you have any questions regarding this matter, please do not hesitate to contact me. TY: pd Enclosure Sinoareiy, Tim Yentas Deputy County Administrator 09t,-401er 41, FAX: 323-5682 Affltmative Action / Equal Opportunity Employer TDD/TTY: 323.5289 +V 22 '95 11:54AM LINO LAKES P.D. ORDINANCE 4195 .2 Adopted by County Board Action on October 10, 1 MI5 COUNTY OF ANOKA Anoka County, Mlnnasota JUVENILE CURFEW ORDINANCE The Anoka County Board of Commissioners ordains: 1.00 PURPOSES AND FINDINGS 1.01 The Anoka County Board of Commissioners rinds and determines that there has been en increase in juvenile violence and dime by juveniles in the County of Anoka. 1,02 Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. 1.03 Because of the foregoing, special and extenuating circumstances presently exist within this county that require special regulation of juveniles within the county in order to protect them and other persons during the nighttime hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease juvenile crime rates. 1.04 In accordance with prevailing community standards, this ordinance serves to regulate the conduct of minors in public places during nighttime hours, to be effectively and consistently enforced for the protection of juveniles from each other and from other persons, in public places during nighttime hours, for the enforcement of parental control of, authority over, and responsibility for their children, for the protection of the general public from nighttime mischief by juveniles, for the reduction in the incidents of juvenile criminal activities, for the furtherance of family responsibility and for the public good, safety and welfare. 1.05 It is the intent of the County Board to review and evaluate the need and effect of nighttime curfew for juveniles set forth in this ordnance on the incidents of juvenile criminal activity and protection of juveniles against criminal activity. 2.00 AUTHORITY 2.01 This Ordinance is enacted pursuant to the authority granted under Minn. Stat § 145A.05, subd. 7a (1994). 3.00 ()EMMONS 3,01 "Authorized adult" shall mean any person who is at lust eighteen (18) years of age and authorized by a parent or guardian to have custody and control of a juvenile. 3.02 "County Board" shall mean the Anoka County Board of Commissioners. 3.03 "Emerge' means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a lire, a natural disaster, automobile accident, or any situation requiting immediate action to prevent serious bodily injury or loss of life. V 22 '95 11:54A11 LINO LAKES P.D. Page 2 ORDINANCE #95-1 -3.04 'Juvenile" means a person under the age of eighteen (18) years. The term does not include persons under 18 who are married or have been legally emancipated. 3.05 'Parent" shall mean any person having legal custody of a juvenile (i) as natural, adoptive parent, or stepparent; (H) as a legal guardian; or (iii) as a person to whom legal custody has been given by order of the oourt. 3.06 "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, roadways, parks, public recreation, entertainment or civic facilities, schools, and the common areas of hospitals, apartment houses, office buildings, transport facilities, and shops. 3.0r "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 4.00 PROHIBITED ACTS 4.01 It is unlawful for a juvenile under the age of twelve (12) years to be present in any public place within Anoka County: A. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the following day. B. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m, the following day. 4,02 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be present in any public place within Anoka County: A. Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the following day. Any time between 11:00 p.mon any Friday or Saturday and 5:00 a.mon the following day. 4.03 It shall be unlawful for any juvenile age fifteen (15) to seventeen (17) years to be in any public place within Anoka County: A. Arry time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the following day. B. Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. 4.04 it shall be uniawfut for a parent or authorized adult of a juvenile to knowingly, or through negligent supervision, habitually permit such juvenile to be in any public place within the county during the hours prohibited by Paragraphs 4.01, 4.02, and 4.03 of this Subdivision herein, under circumstances not constituting an exception to this ordinance as set forth herein. The term "knowingly" includes knowledge which a parent or authorized adult shall reasonably be expected to have concerning the whereabouts of a juvenile under such person's care. NOV 22 '95 11:55AP1 LING LAKES P.D. P.5 Page 3 ORDINANCE #95-1 4.05 It shall be unlawful for any person operating or in charge of any place of amusement or refreshment which is open to the public to knowingly and habitually permit any juvenile to be in such place during the hours prohibited by Paragraphs 4.01, 4.02, and 4.03 of this Subdivision herein, under circumstances not constituting an exception to this Ordinance as set forth herein. The term 'person operating" shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any such establishment The term includes the members or partners of an association or partnership and the officers of a corporation. 5.00 EXCEPTIONS 5.01 The following shall constitute valid exceptions to the operation of the curfew; A, At any time, if a juvenile is accompanied by his or her parent or an authorized adult; B. At any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond to an emergency; C. If the juvenile is engaged in a lawful employment activity, or is going to or returning home from his or her place of employment; D. If the juvenile is attending an official school, religious, ar other social or recreational activity supervised by adults and sponsored by a city. or the county, a civic organization, ar another similar entity that takes responsibility for the juvenile; E. If the juvenile is going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a city or the county, a civic organization, or another similar entity that takes responsibility for the juvenile; F. If the juvenile is on an errand as directed by his or her parent, without any detour or stop; G. if the juvenile is engaged in interstate travel; H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting the juvenile's residence or abutting the neighboring property, structure, or residence; If the juvenile is exercising First Amendment rights protected by the United States Constitution (or those similar rights protected by Article I of the Constitution of the State of Minnesota), such as free exercise of religion, freedom of speech, and the rights of assembly; or, J, If the juvenile is homeless or uses a public or semi-public place as his or her usual place of abode. 5.02 It is an affirmative defense to prosecution under Subd. 4,05 that' A. The owner, operator or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. OV 22 '95 11:55AM LINO LAKES P.U. Page 4 ORDINANCE #95-1 6. The owner, operator or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may he established pursuant to Minn. Stat. § 340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates, 6.00 ENFORCEMENT 6.01 Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that no exception set forth in Subdivision 5.00 is applicable. 7.00 PENALTIES 7.01 Violation of Subdivision 4.01, 4.02 and 4.03 will be prosecuted pursuant to Minn. Stat. § 260.195 and will be subject to the penalties therein. 7.02 Violation of Subdivision 4.04 or 4,05 shall be a misdemeanor. 8.00 CONTINUING REVIEW AND EVALUATION 8.01 The County Attorney shall prepare and submit a report annually to the County Board evaluating violations of this section and the criminal activity by and against juveniles within the county during the preceding year. The first report shalt be submitted one year after the effective date in Subdivision 10. 9.00 SEVERABILITY • 9.01 If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. 10,00 EFFECTIVE DATE 10.01 The effective date of this ordinance shall be December 1, 1995. ATTEST; By: Jo "Jay" c nden Dan Erhart, its Chairman County Administrator AGENDA ITEM 5 STAFF ORIGINATOR: Brian Wessel DATE: 11/21/95 TOPIC: Second Reading: Ordinance No. 21-95 offering the sale of property to UDOR U.S.A. BACKGROUND: The city has agreed to sell to UDOR an additional 10 feet of property in the Apollo Business Park for $2,955 so that it can enlarge its driveway. This transaction will be timed to close along with the Fogerty Development closing. According to city charter, an ordinance is required when city -owned property is sold. OPTIONS: 1. Approve the second reading of Ordinance 21-95 offering the sale of property in the Apollo Business Park. 2. Return to staff for further consideration RECOMMENDATION: Option 1 Councilmember introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 21-95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES THE NORTHEASTERLY 10 FEET OF OUTLOT B, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property legally described as the northeasterly 10 feet of Outlot B, in Apollo Business Park, Anoka County, Minnesota (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to UDOR U.S.A. for $2,955. 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 Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said ordinance was declared passed and adopted. AGENDA ITEM 6 STAFF ORIGINATOR Daniel Tesch, Assistant to the City Administrator DATE 22 November 1995 TOPIC Personnel Policy, Second Reading BACKGROUND The City Council heard the first reading of Chapter 207 of the Lino Lakes City Code, also known as the Personnel Policy at their 13 November meeting. This document is a codification of state and federal mandates, as well as equalizing the benefits of union and non-union employees. Since the first reading two ajustments have been made: 1. Adding the City Administrator to employees covered by this document 2. Changing the definition of temporary employees. The original definition was the definition of temporary employees as related to bargaining unit employees. OPTIONS 1. Approve the second reading of Chapter 207. 2. Request additional clarfication of items. RECOMMENDATION 1. AGENDA ITEM 6A. STAFF ORIGINATOR Daniel Tesch, Assistant to the City Administrator DATE 22 November 1995 TOPIC Publishing a summary of Ordinance No. 22-95 ............................................................ BACKGROUND Due to the length of Ordinance 22-95, we would request that only a summary be published in our legal newspaper. This is standard for lengthy ordinances. OP "IONS 1. Publish a summary of Ordinance 22-95 2. Publish the entire document RECOMMENDATION TABLE OF CONTENTS SECTION PAGE 207.01 Purpose 2 207.02 Scope of Ordinance 2 207.03 Applicability to Unionized Personnel 2 207.04 Statement of Non -Discrimination 3 207.05 Definitions 3 207.06 Probationary Period 5 207.07 Position Classification 5 207.08 Compensation Plan 6 207.09 Work Schedule 6 207.10 Performance Evaluations 6 207.11 Promotions 6 207.12 Relationship to other City Personnel 7 207.13 Political Activity 7 207.14 Legal Holidays 8 207.15 Vacation Leave 8 207.16 Sick Leave 10 207.17 Workers' Compensation 10 207.18 Sick Child / School Child 11 207.19 Funeral Leave 11 207.20 Military Duty 11 207.21 Time off to Vote 12 207.22 Jury Duty 12 207.23 Family Medical Leave Act 12 207.24 Parental Leave 14 207.25 Personal Leave of Absence 15 207.26 Leave without Pay 16 207.27 Health Care Benefit Package 10 20728 Deferred Compensation 16 207.29 Short -Term Disability 16 207.30 Lay ofl\ Transfer 17 207.31 Demotion 17 207.32 Dismissal 17 207.33 Absence without Leave 18 207.34 Grievance Procedures 18 207.35 Resignation 20 207.36 Severance 20 207.01 Purpose of Chapter The purpose of this Chapter is to establish to a uniform and equitable system of municipal personnel administration for all employees of the City. This Chapter may be referred to as the personnel policy. Any term and condition of employment not specifically established in the personnel policy shall remain solely within the discretion of the City to modify, establish, or eliminate. The City retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational stricture; to select, and direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial functions not specifically referred to in this chapter. 207.02 Scope of Ordinance All offices and positions in the municipal service, now existing or hereafter created, shall be subject to the policies and procedures of this chapter except the following: All elected officials and members of boards and commissions; Volunteer fire department; Consultants rendering professional services; and Temporary Employees. 207.03 Applicability to Unionized Personnel The provisions of these policies and procedures shall apply to all organized personnel who work under negotiated agreements with the City. In the event of a conflict between the terms of an employee agreement and this chapter, the terms of the negotiated agreement shall take precedence and those employees subject to the agreement shall be so regulated. 2 207.04 Statement of Non -Discrimination It is the policy of the City to provide equal employment opportunity to all persons. All employment policies and practices shall be non-discriminatory in compliance with federal laws, state statute, and local ordinances. No individual shall, on the basis of race, color, creed, religious or political affiliation or belief, national origin, sex, sexual orientation, age, marital status, disability or status with regard to public assistance shall be excluded from employment or be subjected to discrimination regarding any and all terms and conditions of employment by the City. 207.05 Definitions Whenever used herein, the following words and phrases shall have the meanings set forth below: Absent without Leave . Any absence of an employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provisions of this ordinance. Anniversary Date. The month and day of initial hiring or promotion of a regular full-time or regular part-time employee. Benefits. Any indirect compensation and any privilege granted to the employee. Compensation Plan_ A schedule of pay ranges for all job classifications within the City. Demotion. The movement of an employee to a position having a lower pay range and/or lesser responsibility that previously held. Exempt Employee. Executive, Administrative and Professional employees as defined by the federal Fair Labor Standards Act. Grievance. A dispute or disagreement regarding the interpretation or application of this chapter. Immediate Family. Immediate family shall be defined as spouse, parents, spouse's parents, children, brothers, sisters, brothers-in-law, sisters-in-law, nieces, nephews, step children, grandparents. Job Classification. Refers to the act of assigning a position to its appropriate pay range based on the duties performed and the responsibilities assumed. Layoff. Involuntary employment termination initiated by the City for non - disciplinary reasons. Non -Exempt Employee. Generally all employees as defined and subject to the Fair Labor Standards Act (FLSA) with the exception of those employees (Exempt) defined as executive, administrative or professional. Pay Range. A schedule of minimum and maximum pay rates (in annual terms for regular full-time employees, in hourly terms for regular part-time employees) together with intermediate rates which are established for each job classification. Position Description. A formal document which is descriptive, but not restrictive, of a position consisting of a title, illustrative examples of duties performed, employment standards, and an outline of the physical tasks associated with the position. Probationary Employee. A newly appointed employee who has not completed his/her designated probationary period for the regular full-time position or regular part- time position he/she occupies. During this period he/she may be separated from service without recourse to appeal. Probationary Period. A trial period considered as an integral part of the induction process during which a new employee is required to demonstrate his/her fitness for the position prior to appointment to a regular full-time or regular part-time position. Promotion. The placement of any employee in a position having a higher pay range and/or more responsibility that the position previously held. Regular Full -Time Employee. An employee who has completed his/her designated probationary period and who occupies a regular full -tine position requiring eighty (80) or more hours per pay period. Regular Part -Time Employee. An employee who is scheduled to work on a regular and recurring schedule of less that eighty (80) hours per pay period. A regular part-time employee must work a minimum of forty (40) hours per pay period in order to be eligible for paid leave benefits. Resignation. Employment termination initiated by the employee who chooses to leave the organization voluntarily. Retirement. Voluntary retirement from active employment status initiated by the employee. Separation. The separation of an employee from municipal employment resulting from discharge, resignation, retirement or death. 4 Suspension. The temporary removal without pay of an employee from his/her designated position for disciplinary purposes. Temporary Employee. Employees whose positions are basically temporary and /or seasonal in character Transfer. A transfer is the movement of an employee to either a different department or division, but not necessarily the same pay range. 207.06 Probationary Period The probationary period shall be regarded as an integral part of the terms and conditions of employment. Any original appointment as a regular employee shall be subject to an initial probationary period. During the probationary period, an employee may be transferred or dismissed at the City's sole discretion for any reason or for no reason. A probationary employee shall have no rights to appeal such a decision. Prior to the expiration of the initial probationary period, the employee's performance shall be evaluated in writing by such employee's supervisor and given to the City Administrator with a written recommendation that the employee be dismissed or a statement that the employee has successfully completed the probationary period and can be considered as a regular full- time employee. The City Administrator may extend the probationary period for specific individuals for an additional six month period, not to exceed one (I) year, upon the recommendation of the employee's department head. Vacation benefits shall accrue, but not be available to the employee until after successful completion of the probationary period. 207.07 Position Classification The City Administrator shall establish and maintain a position classification plan for all positions covered by the provisions of this chapter. Positions may be grouped into classes if the positions are similar in terms of the range of difficulty and responsibility. New classes may be created if a new position is created and no classes to which it might be included exists. 5 207.08 Compensation Plan The City Administrator shall annually present to the City Council a compensation plan for all positions subject to this chapter. Adjustments to the compensation plan shall be made by the City Council upon recommendation of the City Administrator. This compensation plan will include a list of all position titles, starting salary, maximum salary along with intervals, and job value points. The City's compensation plan is based on a job evaluation system as required through the Minnesota Comparable Worth / Pay Equity Legislation. 207.09 Work Schedule The regular work week shall normally consist of forty (40) hours. The regular forty hour work week includes a fifteen (15) minute break on two (2) separate occasions during each work day. Payment for time worked in excess of the regular work week, if the overtime work is approved in advance by the employee's supervisor or City Administrator, shall be compensated for at time and one-half (1 1/2) theregular rate of pay. This section does not apply to exempt employees. Department heads may establish special hours for their department if approved in advance by the City Administrator. 207.10 Performance Evaluations There shall he a minimum of one (1) written performance evaluation on an annual basis for all regular full-time, regular part-time and probationary employees. The evaluation will include a review of the employee's major responsibilities, an appraisal of the employee's job performance, identification of any problem areas and an action plan for correction or improvement, including the establishment of future performance objectives_ A personal interview between the immediate supervisor and the employee shall be conducted by the supervisor within a reasonable time period after receipt by the employee of the supervisor's written evaluation. A copy of the written evaluation for each regular and probationary employee shall be submitted to the city administrator for review. Upon review by the City Administrator, a follow up interview may be requested by the City Administrator with the employee. The written evaluation shall be tiled in each employee's personnel file. An overall evaluation of "satisfactory performance" will be required prior to the granting of any salary/wage step increase. 207.11 Promotions The City Administrator shall be responsible for determining whether or not an employee possesses the necessary qualifications for promotion to a particular position. 6 Appropriate tests may be given to aid in this determination. Length of full-time employment with the City will be considered in promotions only when all other qualifications are equal. It shall be the policy of the City to fill vacancies by promotion of current employees from within where practicable. This policy shall not be construed to preclude the City from external recruitment and/or selection of applicants from outside the municipal service, nor as a waiver ofjob-relevant qualifications for the position, nor as a guarantee of promotion from within to any and/or all positions for which job openings occur. All promotions shall be subject to a three (3) month probationary period. If the employee who has been promoted is found unsuited for the work of the position to which promoted, such employee may be reinstated to the position and rate of pay previously held or to some other position in the class from which such employee was promoted. 207.12 Relationship to other City Personnel Whenever possible, with due regard for job -relevant qualifications, merit and fitness, the City Council shall avoid the appointment of any person within the immediate family of elected or appointed officers or employees of the City. In the event that a member of the family is appointed to a position, the appointment shall not be made within the same department in which an immediate family member works. This provision does not apply to marital status, as protected under the Minnesota Human Rights Act. Employment of the spouse of an elected or appointed officer or employee is not prohibited; however, appointment or assignment of an employee's spouse in the same department in which the employee works is prohibited. 207.13 Political Activity State law prohibits the ('ity from imposing or enforcing limitations on the political activities of ('ity employees beyond those established by the state legislature. Therefore, employees of the City are not prohibited from participating in local election campaigns or appointment to public office. No City employee or official may use their official authority or influence "to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in a political activity". Any employee who shall become a candidate for any elective public office may be required to take a leave of absence without pay and shall not perform duties connected with the position held by such employee until such employee is no longer a candidate, if 7 such candidacy interferes with such employee's normal duties of employment. If the needs of City require, the vacancy created by such employee's absence may be filled and such employee's services terminated. If elected to public office, such employee may be required to resign or take a leave of absence if the duties of such employee's elective office interfere with such employee's duties as a City employee. 207.14 Legal Holidays Regular full-time, regular part-time and probationary employees shall be entitled to the holidays described herein. The amount of pay received by a regular part-time employee for a holiday shall be computed by converting the employee's part-time employment to equivalent adjusted full-time service. Temporary employees shall not be entitled to holiday pay. Legal holidays New Year' Day - January 1 Martin Luther King Day - Third Monday in January President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran's Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday Following Thanksgiving Day Christmas Eve Day - December 24 Christmas Day - December 25 New Year's Eve Day - December 31 When a holiday falls on a Sunday, the following Monday shall be considered a holiday. When a holiday fall on a Saturday, the preceding Friday shall be considered a holiday. In order to be eligible for paid holidays, employees must work on the day before and the day after such holiday, unless on other paid or excused leave. 207.15 Vacation Leave Vacation leave with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. No employee shall be permitted to waive such 8 leave for the purpose of receiving double pay. Probationary, regular frill -time employees earn paid vacation time according to the following schedule. However, while probationary employees accrue vacation time, they may not take vacation time until they have satisfactorily completed the terms of their probation. Vacation leave shall be granted at the end of this time as earned for the probationary period. Full -Time Employee Vacation Schedule Accrued Hours of Vacation Years of Continuous Service . Per Year Per Pay Period Start through 2nd Year Beginning 3rd Year Beginning 6th Year Beginning 1 1 th Year Beginning 12th Year Beginning 13th Year Beginning 14th Year Beginning 15th Year Beginning I 6th Year Beginning 17th Year Beginning 18th Year Beginning 19th Year Beginning 20th Year 40 hours 1 54 hours 80 hours 3.08 hours 120 hours 4.62 hours 128 hours 4.02 hours 136 hours 5.23 hours 144 hours 5.54 hours 152 hours 5.85 hours 160 hours 6.15 hours 168 hours 6.46 hours 176 hours 6.77 hours 184 hours 7.08 hours 102 hours 7.38 hours 200 hours 7.60 hours The amount of vacation time regular part-time employees may accrue shall be computed by converting the employee's part-time employment to adjusted full-time service. Vacation may be used as accrued with the prior approval of the employees' department head. Accrued vacation to a maximum of two hundred forty (240) hours may he carried over into the tollowing year with the prior approval of the City Administrator All hours over two hundred forty (240) at the end of the year would be forfeited. An employee who has completed a minimum of one (1) year of continuous service and who provides the City with a minimum of two (2) weeks of advance notice prior to leaving the City's employment shall be compensated for vacation accrued and not used at the time of separation. 9 207.16 Sick Leave Sick leave shall be a benefit provided to all regular full-time and probationary City employees which shall be accrued at the rate of 3.69 hours per pay period. The maximum accumulation shall be one hundred twenty (120) working days. In order to be eligible for sick leave with pay, an employee shall: (1) Report promptly to such employee's department head the reason for the absence. (2) Any employee absent on sick leave may be required to present a doctor's slip after three (3) consecutive days. The amount of sick time regular pail -time employees niay accrue shall be computed by converting the employee's part-time employment to adjusted full-time service. See also Deferred Compensation Section 207.28, and Severance Section 207.36 for applicability to sick leave. 207.17 Workers' Compensation The provides to all employees, a comprehensive workers' compensation insurance program in accordance with Minnesota State law. The City's policy regarding workers' compensation is as follow: Workers' compensation benefits take effect after a waiting period of three (3) calendar days following an on the job injury_ Any time lost within the first three (3) calendar days due to an injury will be paid through an employee's sick leave accrual. If no sick leave is available, any lost time will be leave without pay. If time away from work due to the job related injury extends beyond three (3) calendar days, workers compensation pay will begin for those scheduled work days lost beginning on day four (4). If time away from work extends beyond ten (10) calendar days, workers compensation will go back and pay for the initial three (3) day waiting period. The City will reimburse the employee for sick leave used during the waiting period. All doctor appointments and long term therapy appointments due to a work related injury will be treated as leave without pay, with workers compensation paid directly to the employee. 10 The City will pay the difference between any regular full-time employee's gross salary and any workers compensation reimbursement. This difference will be paid for consecutive lost time for any time over the three (3) day waiting period. The City will not pay the difference for doctor or therapy appointments. An employee who sustains a work-related injury or illness must inform their supervisor immediately. A First Report of Injury must be filed with the City. Neither the City, nor its insurance carrier will be liable for the payment of workers compensation benefits for injuries that occur during an employee's voluntary participation in off-duty recreational, social or athletic activities sponsored by the City. 207.18 Sick Child / School Child Leave In accordance with state legislation the City provides the following leave for eligible City employees. For this section an eligible employee is any regular full-time or regular part-time employee who has been employed with the City for twelve (12) months prior to the request for leave with an average of 20 hours a week or more during those twelve (12) months. For this section, child is defined as an individual under eighteen (18) years of age (or under twenty (20) and attending secondary school). (I) Sick Child City employees may use sick leave benefits for absences dues to the illness of the employee's child, on the same terms as the employee is able to use sick leave benefits for the employee's illness_ (2) School Child City employees are granted up to sixteen (16) hours a school year to attend school conferences or classroom activities relating, to the employee's child that cannot be scheduled during non -work hours. Employees may take unpaid time or use accrued paid vacation or other appropriate leave for this time. 207.19 Funeral Leave Funeral leave of up to three (3) work days with pay may be granted upon the occasion of a death in the immediate family (see definitions). 207.20 Military Leave Military leaves of absence and re-employment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state legislation. Upon return from military leave of absence, a regular employee shall be reinstated to the employee's former position or to a position of like status and pay, provided that the employee is competent to perform all duties of the position to which assigned. If the position which the employee formerly held no longer exists, the employee shall be reinstated to a position of like status and pay, provided that it is practicable to do so and that employee is competent to perform all duties of the position to which assigned. Employees eligible to receive military leave compensation while participating in required training exercising shall be paid the difference between the employee's gross salary and military leave compensation payments for that period of time during which they were required by the armed forces to participate in such training. An employee cannot receive more than the employee's normal take home pay as a result of any City pay supplement to military leave compensation. Employees on military leave for training will continue to accrue sick and vacation as if they had not been absent. 207.21 Time off to Vote Employees who are eligible to vote at a state general election or at an election to fill a vacancy in the office of United States Senator or United States Representative have the right to be absent from work for the purpose of voting during the morning of election day, without penalty or deductions from salary or wages. 207.22 Jury Duty Employees called to serve as a juror or subpoenaed as a court witness shall receive their regular pay as if they were on duty. Any compensation the employee may receive as a result of jury duty or witness fee, shall be turned over to the City. Employees are expected to report to work when they are released from court during regular office hours when practicable, and to make every effort to complete the work assigned to them during the time they are serving as jurors or witnesses. 207. 23 Family Medical Leave Act Purpose. Pursuant to the Family Medical Leave Act of 1993, the City provides twelve (12) weeks of job protected unpaid leave to eligible employees for the birth, adoption, foster care and certain family medical reasons. Eligibility. An employee must have been employed by the City for at least twelve (12) months and have worked at least 1,250 hours in the twelve (12) months preceding the commencement of the leave. Eligible Reasons for FMLA Leave. An eligible employee is entitled to twelve (12) weeks leave during any calendar year for the following reasons: 12 I. Birth of a child or placement of a child with the employee for adoption or foster care. The entitlement to this case expires twelve (12) months after the birth or placement. 2. To care for a spouse, child, stepchild or parent who has a serious health condition. This includes psychological, physical care, and sharing care duties. An eligible child is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is biological, adopted, foster or step child, ward of the employee or a person with whom the employee is charged with a parent's rights, duties and responsibilities. An eligible parent includes a biological parent or a person who was charged with a parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but does not include in-laws 3. Because of a serious health condition making the employee unable to perform the essential functions of their position. Serious health condition is detined in Federal law 29 C.F.R. 825.1 16, but generally includes incapacity requiring absence from work or more than five (5) days that also involves continuing treatment by a health care provider (also includes pre- natal care). Notice Requirements. Thirty (30) days written notice is required if the leave is foreseeable. If thirty (30) days notice is not possible, as much notice is practical must be given. Planned medical treatments should be scheduled so that it will not unduly disrupt the City's operations. Effect of Health Insurance. Health insurance coverage will be maintained at the same level and under the same terms as if the employee continued working. Arrangements for payment of the employee's portion of premiums must be made by the employee through the Finance Department. Increments of Time. Family and medical leave may be taken increments of up to the full twelve (12) weeks and as small as one (1) hour, depending on the circumstances. Use of Accrued Sick Leave, Compensatory Time and Vacation During Family and Medical Leave. During the family and medical leave, employees must use accrued sick leave and compensatory time prior to taking an unpaid leave (except where the leave also qualifies for parental leave). Employees may use accrued vacation, if they so choose. 13 When sick leave and compensatory time have been exhausted, any remaining time will be unpaid except for vacation requested by the employee. Unpaid hours will not count towards seniority. Medical Certification. Certification by a physician is required for FMLA leave due to a serious health condition or that of a child, step -child, parent or spouse. A second opinion rna_y be requested by the City. if requested, the city will pay for the cost of a second opinion and will select a health care provider not regularly associated with the City. A "Certificate of Physician or Practitioner" form can be obtained from the payroll office located in the finance department. Re -certification. Re -certification will be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Re -certification may also be required if there is a question as to the validity of the certification if the employee is unable to return to work due to the serious health condition. Fitness for Duty Certification. The City requires a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential tunctions of the job. The City Administrator niay consult with a physician or other expert to determine reasonable accommodations for any employee who is "qualified disabled" employee under the ADA (Americans with Disabilities Act). The City will deny reinstatement until a fitness for duty certificate is provided. Record Retention. Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately in the employee's medical record tile. Affect on Pension. FMLA leave counts as continued service for purposes of retirement or pension plans. Reinstatement. Employees will return to their same position or an equivalent position upon return from FMLA leave (employees returning from FMLA leave due to a child with a serious health condition will be returned to the same position). 207.24 Parental Leave An employee who works twenty (20) or more hours per week and has been employed more than one (1) year is entitled to take an unpaid leave of absence in 14 connection with the birth or adoption of a child. The leave may not exceed six (6) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. If the employee has any FMLA leave eligibility remaining at the time this leave commences, this leave will also count towards FMLA leave. The two leaves will run concurrently until the twelve (12) week FMLA eligibility is exhausted. The employee may use accrued sick leave for either FMLA leave or Parental Leave. However, use of accrued sick leave is not required for the portion of leave counted as parental leave. 207.25 Personal Leave of Absence The City provides leaves of absence without pay to regular full-time and regular part-time employees who wish to take time off from work duties to fulfill personal obligations unrelated to family or medically related circumstances not covered by existing law. As soon as eligible employees become aware of the need for a personal leave of absence, they should request a leave in writing from their department head. Upon an affirmative recommendation from the department head, the city administrator may approve a personal leave that does not exceed ninety (90) days. Personal leave of up to one (1) year, excluding military service or disability incurred while in the service of the ('itv require City Council action. The minimum period for a personal leave shall be 2 (two) weeks. Requests for personal leave will be evaluated based on a number of factors, including anticipated work load requirements, reasons for the requested leave, and staffing considerations during the proposed period of absence. Benefit accruals, such as vacations, seniority, sick leave, or holiday benefits will be suspended during the leave and will resume upon return to active employment. All City contributions towards employee insurance coverage's will cease for non-medical leaves without pay. Insurance benefits will continue if fully subsidized by the employee. If the employee chooses not to continue insurance coverage during a non-medical leave of absence, reinstatement into the group insurance program will be subject to any conditions imposed by the insurance provider. When personal leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the City cannot guarantee reinstatement in all cases. 15 If an employee fails to report to work promptly at the expiration of the approved leave period, the City will assume the employee has resigned. 207.26 Leave Without Pay Regular full-time and regular part-time employees may request a leave without pay to attend to personal business without effecting their employment status. This leave needs to be approved in advance by the employee's department head. The maximum number of hours an employee may take leave without pay shall be eighty (80) hours in one calendar year. 207.27 Health Care Benefit Package The City shall provide a health care benefit package which shall consist of a combination of health insurance, short-term disability and life insurance coverage. The benefits shall be provided through group insurance contracts insurance providers. Regular full-time employees are eligible for the Health Care Benefit Package commencing on the first day of the employee's appointment. Employees are responsible for participating in the cost of the Health Care Benefit Package pursuant to the City's annual review of participation levels. 207. 28 Deferred Compensation The City will provide to all regular full-time and part-time employees the opportunity to participate in pre-tax savings program through payroll deduction. "phis voluntary saving plan is designed to allow for current tax savings for employees A full-time employee will be permitted to receive a cash payment for one-half (50%) of their unused yearly sick leave accrual exceeding seven hundred twenty (720) hours at the conclusion of each calendar year. The remainder of unused sick leave accrual will be added to the employees sick leave bank up to the maximum accrual of 960 hours. This cash payment shall be paid at the conclusion of each calendar year by payment into the employee's designated deterred compensation plan as authorized by the City. 207.29 Short -Term Disability All regular full-time, and probationary employees are eligible for short-term disability income for qualifying short-term disability absences. This short-term disability benefit becomes effective on the first day of a non -work related accident/ injury or on the eighth (8) day of a non -work related illness. Pregnancy will be treated as any other illness. This benefit is equal to seventy percent (70%) of the employee's weekly gross income, at the time of the disability, to a maximum of $100.00 per week for up to a maximum of twenty-six (26) weeks. 16 207.30 Lay off \ Transfer The City may lay off any employee whenever such action is made necessary as provided in the annual budget by reason of shortage of work or funds, the abolition of a position or because of changes in organization. Two (2) weeks advance written notice of the lay-off shall be given. An employee may be transferred to another position if such employee is qualified. Qualifications and job performance shall be the determining factor for Iay-offs. Employees who have been laid off will be recalled to their former position classification in the reverse order of their lay-ofT 207.31 Demotion An employee may be demoted by the City for inefficient performance of such employees duty, for disciplinary reasons, or for any other justifiable cause. 207.32 Dismissal Any employee subject to the provisions of this chapter, including all department heads, may be dismissed by the City only for cause. Evidence of the following, which includes but is not limited to, shall be sufficient cause for dismissal, demotion or disciplinary action: (1) (2) (3) Incompetence in the performance of the employee's duties. Violation of any lawful or official regulation or administrative order, or violation of any lawful direction made and given by such employee's supervisor, where such violation amounts to an act of insubordination or a breach of proper discipline or has resulted or reasonably might be expected to result in loss or injury to the municipality or to the public. Unsatisfactory conduct in job performance resulting from being under the influence of alcohol or drugs. (4) Use of offensive conduct or language towards the public or municipal officers or employees. (5) Carelessness and negligence in the handling or control or municipal property or unauthorized use of City property. (6) Inducing or attempting to induce an officer or employee of the municipality 17 (7) (8) to commit an awful act or to act in violation of any lawful and reasonable official regulation or administrative order. Dishonesty in the performance of such employee's duties. Taking any fee, gift, or other valuable thing in the course of the employees' work or in the connection with it, from any person for personal use, when such fee, gift, or thing is given in the hope or expectation of receiving a favor or better treatment than that accorded to other persons or citizens. (9) Violations of the provisions of this chapter_ The particular dismissal, demotion or suspension shall be based on the individual facts and circumstances involved. 207.33 Absence Without Leave Any absence of an employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provision of this chapter shall be deemed absence without leave. Any such absence shall be without pay and may be subject to disciplinary action. Any employee absent without leave for three (3) consecutive days shall be deemed to have voluntarily resigned. 207.34 Grievance Procedures Policy. It is the policy of the City to prevent the occurrence of grievances insofar as practicable and to provide an orderly, efficient and timely procedure for dealing with those which do occur. Procedure. The procedure established herein shall be followed by an employee in presenting a grievance to the City. Failure to follow the steps within the stated time limits may result in a denial of the grievance on procedural grounds. Step 1: An employee claiming a violation concerning the interpretation or application of this chapter shall, within twenty one (21) calendar days after such alleged violation has occurred, present the grievance in writing to the employee's immediate supervisor. Such written grievance shall set forth the nature of the grievance, the facts on which it is based, the provision or provisions of the chapter allegedly violated, and the remedy requested. The supervisor will discuss and give an answer in writing to step l grievance within fifteen (15) calendar days after receipt. A grievance not resolved in step 1 shall be appealed to step 2 within fifteen (15) calendar days after the supervisor's final answer in step 1. Any grievance not appealed in writing to step 2 by the employee within fifteen (15) I8 calendar days shall be considered waived. Step 2: A grievance unresolved in Step I and appealed to Step two shall be submitted in writing to the city administrator within fifteen (15) days. The city administrator will give an answer to Step 2 within fifteen (15) calendar days after receipt. The written response of the City Administrator shall constitute the City's final response to the employees grievance. 3. Step 3: If the grievance is not resolved in Step 2, and if the grievance relates to the interpretation of the City's Personnel Policy, the employee may appeal the grievance in writing to the City Council within fifteen (15) calendar days of receipt of the City Administrator's response in Step 2. Any grievance not appealed in writing to Step 3 by the employee within fifteen (15) calendar days shall be considered resolved. If appealed to the City Council, it may at its discretion, establish a date for hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within fifteen (15) calendar days of receipt of the written grievance. The written response of the City Council shall constitute the City's final response to the employees grievance. Step 4. Employees considered essential employees as defined by FLSA guidelines, not already covered by a collective bargaining agreement are entitled to appeal a grievance, not resolved in Step 3, to the Minnesota Bureau of Mediation Service. The employee has fifteen (15) days following receipt of the City's Step 3 answer to submit for mediation_ The City will discuss and respond in writing to the Step 3 grievance at the mediation session scheduled by the Bureau of Mediation Services. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within fifteen (15) calendar days following the City's Step 3 answer Step 5. A grievance unresolved in Step 4 and appealed to Step 5 by the employee shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The Employee shall notify the City of its intention to arbitrate the grievance within fifteen (15) calendar days following the City's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the employee shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of the an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 19 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this policy. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the City and the employee, and shall have no authority to make decisions on any other issue not so submitted. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the City and the employee. 207.35 Resignation Resignation is a voluntary act initiated by the employee to terminate employment with the City. Although advance notice is not legally required, the City requests at least two weeks' written resignation notice from all non-exempt employees, and thirty (30) days from exempt employees pursuant to FLSA standards, to remain in good standing. If an employee does not provide advance notice as requested, the employee may be considered ineligible for re -hire. Further, resignation without appropriate notice may result in forfeiture of severance pay provisions. 207.36 Severance A full-time employee who has completed a minimum of ten (10) years of service and who terminates employment in good standing shall receive severance pay in an amount to be calculated at the employee's base pay rate upon leaving in accordance with the following schedule: Years of Service After 10 Years After 15 Years After 20 Years Accrued, Unused Sick Leave 25.0°A0 3 3 3°A 5(10% The maximum amount of severance pay provided shall he limited to a calculation based on a maximum of !bur hundred and eighty (480) hours. See also vacation. 20 AGENDA ITEM 7 STAFF ORIGINATOR Daniel Tesch, Assistant to the City Administrator DATE 22 November 1995 TOPIC Memorandum of Understanding, North Central Suburban Cable Communications Commission (NCSCCC) and Meredith Cable ........................... . . `GROUND Please find attached a Memorandum of Understanding (MOU) between NCSCCC and Meredith Cable which will provide for future (past the franchise expiration) funding of Public, Educational and Governmental Access (PEG), the turning over of PEG Access to NCSCCC, universal PEG access and a clause on being successor bound. This MOU was already passed by the City Council. The signatory pages were changed at the request of the City of Coon Rapids, which necessitates us to consider this document again. OPTIONS 1. Pass the MOU. 2. Deny passage of the MOU. • COMMS tDATION 1. AGENDA ITEM 7 ORIGINATOR Daniel Tesch, Assistant to the City Administrator 22 November 1995 Memorandum of Understanding, North Central Suburban Cable Communications Commission (NCSCCC) and Meredith Cable '(GROUND ...................... Please find attached a Memorandum of Understanding (MOU) between CC and Meredith Cable which will provide for future (past the franchise tion) funding of Public, Educational and Governmental Access (PEG), the turning )f PEG Access to NCSCCC, universal PEG access and a clause on being ;sor bound. This MOU was already passed by the City Council. The signatory pages were ed at the request of the City of Coon Rapids, which necessitates us to consider )cement again. 'ONS Pass the MOU. Deny passage of the MOU. ) MMENDAT/ON ROSS A. SUSSMAN NEAL J. SHAPIRO SAUL A. BERNICK' THOMAS D. CREIGHTON SCOTT A. LIFSON DAVID K. NIGHTINGALEt PAUL J. QUAST' THERESA M. KOWALSKI REBECCA J. HELTZER ROBERT J. V. VOSE BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINN EAPO LIS, MINN ESOTA 55416-1270 Mr. Randall Schumacher City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014-2123 TELEPHONE (612) 546-1200 FACSIMILE (612) 546-1003 November 20, 1995 Re: Memorandum of Understanding Dear Mr. Schumacher: tALSO ADMITTED IN WISCONSIN 'ALSO CERTIFIED PUBLIC ACCOUNTANT LEGAL ASSISTANTS JO BROWN JOAN M. SCHULKERS KATHRYN G. MASTERMAN Enclosed please find two more original copies of the Memorandum of Understanding recommended for your adoption by the cable commission. This is the same as the draft you received a few days ago and, as mentioned in our previous transmittal, it is virtually the same as the document you have already reviewed and authorized your cable commissioner to support. Please sign both of the enclosed originals after your city has formally acted upon it and return BOTH to my attention at the above address. I will then get the signatures of the cable company and return an original to you for your files. We will keep an original in our files. If you have any questions, please feel free to contact me or Bob Vose of my office. Thank you for your cooperation. Sincerely yours, BERNICK AND LIFSON, P.A. Thomas D. Creighton Robert J. V. Vose TDC/RJVV/rs Enclosures cc: Mr. Michael Cusick MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 199.5, by and between the North Central Suburban Cable Communications Commission (hereinafter "Commission"), a joint powers commission consisting of the cities of Blaine, Centerville, Circle Pines, Lexington, Lino Lakes, Ham Lake, Spring Lake Park and Coon Rapids (hereinafter "Member Cities"), and Meredith/New Heritage Strategic Partners, L.P.; North Central Cable Communications Company; and Group W of the North Central Suburbs, Inc., d/b/a Meredith Cable (hereinafter "Meredith"), as to certain rate regulatory and other issues within the authority of the Commission, and by and between the Member Cities and Meredith as to issues solely within the authority of the Member Cities. Meredith is the operator of cable communications systems operating pursuant to franchises granted by the Member Cities ("Cable System"). The franchises granted by those cities to Meredith shall be hereinafter collectively referred to as the "Franchise". The Franchise is administered and enforced pursuant to a Joint and Cooperative Agreement (hereinafter "Agreement") creating Commission. The purpose of this Memorandum of Understanding (hereinafter "Memorandum") is to set forth certain understandings, stipulations and agreements between the Member Cities and Meredith with regard to the responsibility for and funding of public, educational, governmental, religious, and library programming ("PEG Programming"); and between Meredith and Commission with regard to Meredith's basic service rates and related equipment charges; provision by Meredith of "Universal PEG Service", certain Grants to be paid by Meredith to Commission; and treatment of "Profits" upon the sale or transfer of ownership of any part of Meredith's cable system sufficient to require Member Cities' approval pursuant to the Franchise. Commission is authorized by the Agreement and applicable state and federal laws and regulations to negotiate and make such contracts or agreements and take such other action as it deems necessary and appropriate to accomplish its purposes in administering and enforcing the Franchise. Any Franchise Ordinance amendments remain the exclusive authority of each Member City. The understandings, stipulations and agreements between the Member Cities and Meredith herein are in addition to and external to the Franchise and are as follows: PEG FUNDING AND RELATED OBLIGATIONS. Meredith shall remain, for the remainder of the current Franchise and any subsequent renewed franchise period [the sum total of which shall not to exceed fifteen (15) years without mutual agreement of both parties], responsible and obligated for the provision and funding of PEG 1 access programming which Meredith is providing at the effective date of this Memorandum, except as set forth in Section 2 below, and further subject to the following terms and conditions: A. Meredith has collected from April 1, 1995, and shall continue to collect through December 31, 1995, a fee of One Dollar and Fifty Cents ($1.50) ("PEG Fee") for the purpose of recovering its expenses in providing PEG Programming, not including any expenses for the provision of local origination programming, from April 1, 1995 through December 31, 1995. If Meredith collects more than its expenses for 1995, it may offset its undercharges provided for in previous FCC rate decisions and the Universal Service start-up costs as determined in Exhibit C. If an overage still exists, Meredith will not keep the overage, nor will any overage be given to the Commission; in the alternative, both parties will develop a mutually acceptable procedure to expend the monies for community programming. B. Meredith shall continue to collect the PEG Fee from all subscribers receiving Basic Service for which a fee is paid ("Subscribers") after December 31, 1995 for the purpose of funding PEG Programming, beginning on the effective date of this Agreement and continuing for any subsequent renewed franchise period [the sum total of which shall not to exceed fifteen (15) years without mutual agreement of both parties]. Upon yearly approval of the Member Cities, via the Commission, the PEG Fee shall yearly escalate in an amount not to exceed the amounts as set forth in Exhibit A attached hereto (but in no event greater than twenty-five cents (25C) in any twelve (12) month period). To the extent collection of such yearly PEG Fee results in Meredith's receipt of fees in excess of the amount currently expended by Meredith for these purposes, Meredith shall develop a plan to expend such additional receipts for the purpose of funding community programming with the advice and consent of the Commission. C. Meredith shall expend a total of Three Hundred Thousand Dollars ($300,000.00) as directed by Commission as to time and manner for and in lieu of all PEG Programming capital, replacement, and other equipment obligations during the current Franchise, and for any subsequent renewal as set forth below, with One Hundred Fifty Thousand Dollars ($150,000.00) being obligated on or about January 1, 1996, and One Hundred Fifty Thousand Dollars ($150,000.00) being obligated on or about January 1, 1997. D Meredith, the Member Cities, and the Commission agree that the operating and capital expenditures and/or payments provided in paragraphs A, B, and C above, and any future transfer of PEG Programming as may be made pursuant to Section 2 below, are made for, and in full satisfaction of PEG and any related programming obligations upon renewal, and subject to any subsequent renewals of the Franchise (the sum total of which shall not exceed fifteen (15) years). 2 E. Meredith is relieved, now and in the future, of any franchise obligation to provide local origination programming in the North Central Suburban franchise area. F. Meredith is relieved of its Franchise obligation to provide FM broadcast service. 2. CONDITIONAL PEG TRANSFER. In the event the Commission, or any Member City or consortium thereof, determines to assume the obligations and responsibilities for PEG Programming, and pursuant to such definitive agreement ("Definitive Agreement") as may be completed and executed by all parties and the adoption of all necessary Franchise Ordinance amendments by the necessary Member Cities, Meredith shall transfer all obligations, responsibilities and funding for PEG Programming to the Commission, or its designee, or any Member City or consortium thereof, ("Transfer"), subject to the following terms and conditions: A. In the event the full Commission determines, pursuant to such Definitive Agreement as may be executed, to assume the obligations and responsibilities for PEG Programming, upon completion of the Transfer, Meredith shall pay the full amount of the PEG Fee collected to the Commission, or its designee. In the event any Member City or consortium thereof, determines, pursuant to such Definitive Agreement as may be executed, to assume the obligations and responsibilities for PEG Programming, Meredith shallpay to such Member City or consortium thereof, its pro rata share of the PEG Fee collected. Upon transfer, Meredith shall prepay quarterly, an estimated quarterly PEG Fee, which shall be annually reconciled to reflect actual PEG Fee receipts by Meredith subject to more frequent reconciliation by mutual agreement of the parties. B. Upon the effective date of Transfer, the Franchise obligations relating to PEG Programming shall be superseded and become the responsibility of the Commission, or such Member City or consortium thereof, to the extent the Commission, or a Member City or consortium thereof has determined to assume the obligations and responsibilities of Meredith, all as shall be set -forth in a Definitive Agreement. Subject to final negotiated terms of any Definitive Agreement, it is assumed that upon Transfer, Meredith will be relieved of all pre-- existing franchise PEG obligations. C. Meredith shall assign and the Comtnission, or its designee, or any Member City or consortium thereof, shall assume all real estate and equipment leases and contracts relating to PEG Programming in accordance with a Definitive Agreement. D. Meredith shall transfer all PEG Programming equipment to the Commission, or its designee, or any Member City or consortium thereof, in accordance with the 3 Definitive Agreement upon the effective date of Transfer, and shall maintain such equipment until such time of Transfer. Meredith shall consult with the Commission staff concerning replacement of such equipment pending such Transfer, and all costs for replacement equipment shall be credited against the payment set forth in Section 1(C) above. E. Upon transfer, Commission, or any Member City or consortium thereof, pursuant to a Definitive Agreement, shall have the right to use six video channels [currently public, government, religious, and educational (3)] for PEG Programming and shall be responsible for any and all I -Net or other switching related to PEG Programming or non-profit use of the I -Net capacity, which shall occur only as provided in the Franchise and consistent with applicable laws. F. The Commission, or any Member City or consortium thereof, which determines to assume the obligations and responsibilities for PEG access programming, shall advise Meredith in writing at least thirty (30) days prior to the Effective Date of Transfer of its intention to make offers of employment to Meredith personnel relating to PEG Programming. G. In the event Transfer takes place, Commission agrees to allow Meredith to keep its local customer service office in the space it now occupies provided that Meredith assumes the capital costs necessary to segregate the office from the remainder of Commission space, and further provided that Meredith shall pay One Hundred ($100.00) per month rent to Commission commencing the effective date of any 'l'ransfer. 3. UNIVERSAL PEG SERVICE. Meredith agrees to make available on or before January 1, 1996, to all subscribers and non -subscribers whose dwelling unit is passed by cable plant, Universal PEG Services. with free installation of one Standard Drop and one outlet and free monthly service to all non -subscribers and with free monthly service and the assessment of a downgrade fee (charged in compliance with federal rate regulatory laws and rules) to all existing subscribers. Universal PEG Service shall be offered for the duration of the Franchise and all renewals thereof (the sum totalof which not to exceed fifteen (15) years), unless modified by mutual agreement of the parties hereto, or their successors. Meredith agrees to provide at no cost to subscribers an A/B switch and necessary associated cable -related equipment (meant to exclude antennas, antennae wires, etc.) to allow reception of broadcast stations on the subscriber's television, provided said television is capable of receiving broadcast signals. The parties agree that the rates charged to subscribers will not increase as a result of implementation of Universal PEG Service, except that Meredith may recoup the expense of such service as provided below as an inclusion in the PEG Fee. 4 The parties agree that realignment will be accomplished as set forth in Exhibit B. Meredith shall assume the expense of notifying subscribers of the changed alignment of the PEG channels, and any Meredith expense in changing literature, signs, vans, or other indicia of the current channel location and the changed channel location of the PEG channels. For purposes of this Memorandum, the following definitions apply: "Universal PEG Service" shall be defined as the provision to a recipient, free of any charges, monthly or otherwise, of all of the following public, educational and governmental access channels (hereinafter "PEG access channels") designed in Exhibit B, attached hereto and made a part hereof. "Outlet' shall be defined as the cable and associated connectors which runs from the point of connection to the subscriber dwelling unit to the subscriber receiver. "Standard Drop" shall be defined as the cable, not to exceed 250 feet, which shall run from the nearest connection point on the feeder cable of the Meredith system to the point of connection to the subscriber dwelling unit. Standard Drop includes both aerial and underground drops. Should the subscriber require or request a converter, or other equipment not essential to the reception of Universal PEG Service, or should the subscriber require additional Outlets or Drops which are other than standard, the subscriber will be responsible for the regulated charges for such services or equipment. Additional charges for drops which are other than standard shall credit the expense of the first 250 feet of the drop. Meredith shall pass through in the PEG Fee portion of subscribers' bills the costs of design and technical reconfiguration of the Universal PEG Service in the additional amount of five (5) cents per month beginning January 1, 1996. See Exhibit C. Upon Meredith's activation and provision of Universal Service and each year thereafter, Meredith shall provide the Commission with a reconciliation of amounts collected and expended related to this cost recovery and agree to an adjustment to the PEG Fee for any overpayment or underpayment. Meredith shall provide an initial written notice to non -subscribers announcing the availability of the Universal PEG Service. Meredith shall also mention the availability of the Universal PEG Service periodically in other marketing, promotional, or information materials to non -subscribers and shall mention the Universal PEG Service in these materials at least quarterly. Universal PEG Service will be included in any literature which lists all services generally available from Meredith. Existing subscribers shall receive notice of the availability of the Universal PEG Service as a part of Meredith's notice concerning the channel line-up changes and thereafter, at least annually. The Commission may promote the availability of Universal PEG Service, and Meredith shall make available to the Commission during the first sixty (60) days of 5 the availability of the Universal PEG Service at least four ad avails per week to be chosen at the sole discretion of Meredith. The Commission acknowledges that it has received from its legal counsel an opinion that Universal PEG Service is permitted under applicable federal and state law, and that Meredith need not change other services or rates to bring them into compliance with federal or state law. 4. PROFITS ON SALE. Meredith agrees that, should it sell or transfer any interest in the Cable System (sufficient to require Member Cities' approval pursuant to the Franchise) for a Profit (as defined below) prior to expiration of the current Franchise on September 8, 1998, it shall pass the full amount of any said Profit on to subscribers, up to, and not exceeding the total dollar amount of Relief granted by this Memorandum (as defined below). For any sale or transfer of a partial interest in the Cable System, Profit shall be calculated on a pro rata basis as set forth below. Nothing in this section shall constitute an admission or precedent for future rate regulation or transfer or sales of the Cable System which may occur beyond the initial term of the Franchise. "Profit "shall mean the total Sale Price (including the value of any and all non -monetary benefits or incentives) received for the Cable System by Meredith, less the Acquisition Cost, less an annual rate of return of 9% on the Acquisition Cost (subject to verification that 9% was the average of Meredith's actual cost of money since September 1, 1992 acquisition date), as agreed upon by the parties, less the verifiable capital expenditures made since the acquisition date, less the reasonable costs of sale (attorney's fees, broker's fees, etc.). The parties expressly agree that no allowance or other reductions or considerations in profit calculations shall be made for any past or current accumulated operating deficits. "Relief" shall mean the total of that additional amount per month per subscriber, from April 1, 1995, to December 31, 1995, which Meredith may collect and/or retain under this Memorandum, which was previously termed "PEG Costs" or "Other Franchise Fees" by Meredith, and for which the Commission has previously disputed pass-through or external treatment. 5. SERVICE RATES. Meredith is allowed to charge a basic service rate in the amount being lawfully charged as of the effective date of this Agreement and any subsequent increases lawfully put in place by Meredith, plus all amounts identified herein in Exhibit A as costs which are to be given external treatment, costs which may be passed through, or costs to be borne by the subscribers, except as provided for below, and which shall be identified on the subscriber bill and itemized as a "PEG . Fee". Nothing in this Agreement shall limit other external increases not 'expressly addressed in the Memorandum and other rate adjustment consistent with federal law and regulations. The parties agree that Meredith will not include in the PEG fee, now or in the future, any expenses or costs associated with the provision of local origination programming. 6. SUCCESSORS BOUND. Any parent, general partner, subsidiary, successor -in -interest, transferee, or assign shall be expressly bound by this Memorandum. Meredith agrees to disclose the terms of this Memorandum with any potential purchasers of the Cable System or to any other individual involved in any other contemplated ownership transfer of the Cable System. Failure of any such potential successor -in -interest to Meredith to agree to all terms and conditions of this Memorandum shall be grounds for Meredith not to agree to the sale, and shall be reasonable and acceptable grounds for the Commission and its Member Cities not to approve any such transfer of ownership or other transfer of interest. 7. COMPETITION. Should effective competition develop within the Commission's cable service territory in the provision of video or cable services, as agreed by both parties to this Agreement, at any time in the future, Meredith and the Commission agree to commence discussions regarding issues which give said competition an unfair advantage over Meredith. Should any other Multi -channel Video Programming Distributor ("MVPD") over which the Commission or the Member Cities have regulatory jurisdiction provide service in the current cable service area, the Commission and its Member Cities agree not to grant more favorable terms to such MVPD than are granted to Meredith. S. SEVERABILITY. Should any term of this Memorandum be determined to be unenforceable by the FCC or any court of competent jurisdiction, the remainder of the Memorandum shall be treated as severed and shall remain in full force and effect. In the event that any court, the FCC, or any other body with jurisdiction over either party revises or voids any part of this Memorandum, the parties mutually agree to make any amendments to this Memorandum or other applicable agreement or ordinances necessary to effectuate the intention of this Memorandum. In the event that such amendments or charges are barred by any legal requirements governing either party, the parties shall use their best efforts to avoid prejudice to the respective parties' interests, and to implement changes to effectuate the intent in entering into this Memorandum. If either party finds unacceptable the remainder of this Memorandum as severed by operation of this section, and either party cannot agree with proposals by the other to amend this Memorandum to further the original intent of said party in nonagreement, then the parties agree to submit the remaining issues to binding arbitration. 7 9. FRANCHISE COMPLIANCE. At the time of execution of this Memorandum, the Commission acknowledges that Meredith has not been notified of any existing franchise violations and that no enforcement actions at law are currently underway. 10. WAIVER OF CLAIMS. Neither Commission nor Meredith waive any rights to negotiate other items during the franchise renewal process. The Commission and Meredith each acknowledge and agree that this Memorandum was fully negotiated and entered into by them in good faith. Commission and Meredith agree not to assert, and specifically waive any and all right either may have to assert, that any provision, term or condition of this Memorandum is unenforceable under federal, state or local law. Notwithstanding the foregoing, nothing herein shall require either the Commission or Meredith to act in contravention of an applicable judicial ruling or an applicable ruling of the Federal Communications Commission. Except as to those rights expressly waived in this subsection, Commission and Meredith expressly reserve all of their other rights under federal, state and local law. 11. COUNTERPARTS. This Agreement may be signed in counterpart by each Member City and shall be binding upon that city when it and Meredith affix their authorized signature hereto. 12. EFFECTIVE DATE. This Memorandum is effective as to the signators hereon after approval and execution by any two (2) of the parties, provided one (1) of the signatures is Meredith. Executed this day of ,199. AGREED AS TO PARAGRAPHS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12. CITY OF BLAINE CITY OF CIRCLE PINES By By Its Its_ CITY OF CENTERVILLE CITY OF LEXINGTON By By Its Its 8 CITY OF LINO LAKES CITY OF SPRING LAKE PARK By Its Mayor By Its CITY OF HAM LAKE CITY OF COON RAPIDS By By Its Its AGREED AS TO PARAGRAPHS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12. NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION By Its Chair By Its Secretary AGREED AS TO ALL PARAGRAPHS 1 THROUGH 12, INCLUSIVE. NORTH CENTRAL CABLE MEREDITH/NEW HERITAGE COMMUNICATIONS CORPORATION STRATEGIC PARTNERS, L.P. By By Its Its GROUP W CABLE OF NORTH CENTRAL SUBURBS, INC. By Its C:\TDC\NCSCCC\FINAL.DOC\MOU\RS 11/16/95 9/55AM 9 Exhibit A 4/1/95 1/1/96 1/1/97 1/1/98 1/1/* PEG Fee $1.50 $1.75 $2.00 $2.25 *Each year thereafter increased pursuant to an annual inflation increase (CPI). 1 1: 5 rrU 1 frE E] i Tr; CAEL.E TO 'EXHIBIT a BASIC „erred NORTH Fac f ..: C werter CENTRAL t; ^ 1d}1=•-arxad SUBURBAN 2401 21 50 2481 4J X741 5 1.41 5! 174«�" 130! bi 306 31 1 1921 3121 2941 210 1 1211 126 1 132 1 1381 10 1 111 IKTCA - PBS 1 - CSS (K3TP - ASC Pr vueiC-PAN 7 KARE - NEC 121 WT3S 131 1 WGN 141 KA$L 131 Pvcde Accass 161 Gaut Acus 171 KTC • PBS 1.441 111 150 1 111 186 162 163 2161 222 223 2..4 54_ � 2521 291 i t4' i N 253 1 301 Sneak CVC PC/BM (45) (11:3N1 a 2321 341 2331 251 r=110 3001 371 1881 341 39 336 77:__.� 901 571 961 53 1031 SO 1141 61 403 4413--1----7,4121 414 420 432"tic �IN C-3PAN ii Camra bud/Bravo E TNANS '. UN MSICN flatividd '' pl. Access _Lerjr. 7.771 , fa • ,OnMa ..£ 7sZE22d2 Y . 2 r�'C. H1tld t 8 BASIC Jerrold NCR'i H =-- CUIY. t CSNT'R AL M142:41annei SUBURBAN MHz g UMYE,R.SAL SE. C 6I 571 63 I ao 31; i 129 132 X.1BL P'2dIC ACC2s_ Gcvt Ac ?2E22 UNIVERSAL SERVICE COSTS - EXHIBIT C -Imes Passed Non -.Sub c 1bers Currant Total Subs Current Basic Subs Traps Required Tctal Traps To Se Changed Price Per Trap Total Material Cost of Trap Change Cut Labor Cast of Trap Change Cut Channel Realignmerrt Cost Tctal Cast to Create Universal Cost Per Sub/Month Average Sub Life Standard Install Cast Estimated Universal Hookups • Year 1 Universal Hookup Cast - Year 1 Cost/Sub/Month (Avg. Life In Years) TOTAL COST/SUB/UNIVERSAL SERVICE COST IS AMORTISED, OVER 3.42 YEARS AND IS DISCONTINUED AT THAT TIME NORT CENTRALI 43,114 22, 893 25,221 633 2 1,256 35.33 $13.75 S17,405 $10.00 $q,3.1ti $15,175 $:.39,914 $0.13 3.42 S0.04 $63.19; 1.00% 2291 $14,466 3.42 50.01 so.os J Standard Install Cost S63.19 Estimated Universal Hookups - Year 1 250% ! 572 Universal Hookup Cost - Year 1 $36,165 Cost/Sub/Month (Avg. Life In Years) 3.42 ! 50.03 TOTAL COST/SUB/UNIVERSAL SERVICE 30.07 Standard Install Cost $03.19 Estimated Universal Hookups - Year 1 5.00% ! 1,145 Universal Hookup Cost - Year 1 372,330 Cost/Sub/Month (Avg. Life in Years) 3.42 30.07 TOTAL COST/SUE/UNIVERSAL SERVICE 1 S0.11:1 AGENDA ITEM 8 A STAFF ORIGINATOR Mary Kay Wyland DATE November 21, 1995 TOPIC A1' 95-29-C, Teleport Inc. (Communication Compound) 6221 Holly Drive, Amended Conditional Use Permit Teleport Inc. is requesting,. permission to install a 10 x 14 equipment shelter in their communication compound at 6221 Holly Drive. The structure will be used to house a battery bank, baseboard heaters, an air conditioner, exhaust fans and power disconnect for the battery bank. The property is Zoned Rural and under an existing conditional use permit. The Comprehensive Plan indicates this property as rural. According to our Zoning Ordinance, any changes or alterations to an existing conditional use permit require and amended permit. Staff has reviewed this request and visited the site. The complex is entirely fenced in with a security gate and berming on the south side to limited visibility of the complex and existing antennas. The proposed building is to be located just west of the existing block building and will not be visible from Holly Drive. The Planning & Zoning Board have reviewed this request and would recommend approval of the amended conditional use permit with the following conditions: 1. All conditions contained in the original and subsequent conditional use permits be made a part of this permit. 2. A building permit be issued prior to location of the structure on the site. 1. Approve Amended Conditional Use Permit with conditions listed above. 2. Return to staff for further consideration. Option 1 A division of CBS, INC 26 September 1995 Mary Kay Wyland Planning Coordinator City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Mary Kay: 11th on the Mall Minneapolis • MN • 55403 T.O.C. (612) 330-2771 (612) 330-2639 Teleport Minnesota has a plan to utilize the 10 x 14 x 10 Virginia Fiberglass Products equipment shelter. This shelter was designed to house an uninterruptible power supply (UPS) system. We would like to utilize this shelter to house the battery bank for our UPS at the teleport. The shelter would be placed on a concrete pad between the north-west side of the teleport building and the generator shelter. The shelter would contain the battery bank, baseboard heaters, an air conditioner, exhaust fans and apower disconnect for the battery bank. Wiring between the teleport building would be contained in PVC pipe trenched into the ground. I believe that this would require a building permit, but am not sure if a conditional use permit would be necessary. I have provided a drawing of the proposed location, building layout and drawings from the manufacturer on the shelter. If you have any question please contact me at 612/330-2636. Thanks for your assistance. Sincerely, Robert S. rosze Engineering Supervisor r CENTERVILLE LAKE RESHAN4(J^ 5 SHORES CYJW'R'' LIKES 'MRK E 6) SHADED AREA DENOTES PARK LOCATION MAP- OF w111b, w wsA, • A • of SEC 3 N • INQ KA L URN -E ( cJ t--- L✓ 1 r N t Log , �. , .. Detail 26. t )2. i C ' 21-9c0, f 7FXK,cHCHAIN LINK FENCE 0 s (4)C2.61U, 3'6 66 HO (021(103. 02- CN)221K ()21'111. A c EN G. 2 -ATM s— i o x IL( x (a s HEc'7t- FDA. U PS .S7 sre, ro SHEtac . �.x ti 2.j' 7.64 . os ED M W J .a 8 °a7'6t.5, oP 5 Y�c4ti"ne� - : 22-x• 5 CN (.Iacc acct 4514 C6 RS 1/4 (19c11.9 CO i p '2)7' f) r) P,L r veJ FT I V3 um( Ff►E STAPF DATE TOPIC ORIGINATOR Mary Kay Wyland November 95-30-C, Amended HEARING 22, 1995 B CUP vc-5\ Church of St. Joseph, 171 Elm Street, Conditional Use Permit - PUBLIC See NAC Report dated November 3, 1995. The Planning and Zoning Board reviewed this request and recommended approval with conditions a, c, and e through i of the Planning Report and approval of the variance for the accessory building. The conditions of approval are as follows: A. The Anoka County Highway Department and City Engineer provide comment/recommendation in regard to the need for Elm Street improvements necessary to accommodate increased area traffic volumes. C. The site plan is modified to illustrate specific trash handling areas. All waste, refuse or garbage shall be kept in an enclosed building or container designed for such purposes.; E. The site plan is modified to illustrate exterior bighting locations. All lighting shall be hooded and directed so ash not to infringe on neighboring residential uses and public rights -hof -way. F. If any new signage is to be erected, a sign plan is submitted which specifies the location, type and size of all proposed signs. All site signage shall be required to comply with applicable provisions of the City Sign Ordinance G. The submitted grading and drainage plan is subject to review and approval by the City Engineer. Such review should specifically address the need for drainage easement establishment over the site's ponding area. The applicant shall be required to demonstrate that the proposed development will have no wetland impact. H. The submitted utility plan is subject to review and approval by the City Engineer. Such review should specifically address details relating to septic system removal and well capping. NOTE: The property is to be served by sewer and water, therefore the septic system will be removed. The well may be retained for outside use which is permitted. I. The Ciy Engineer and Anoka County Highway Department provide commelig in regard to the proposed roadway easement acceptability. NOTE: The County required an additional 7' of right-of-way from the Willow Ponds Senior Project. If this roadway is turned back to the City, as proposed, by mid-November, the City would also require the additional 7' of right -of way. The Church has not objected to this dedication. OPTIONS 1. Approve Amended Conditional Use Permit with conditions outlined above. 2. Return to staff for further consideration RECOMMENDATION; ............................................................ Option 1 Northwest Associated Consultants, Inc. COMMUNITY PLANNING • DESIGN • MARKET RESEARCH PLANNING REPORT TO: Mary Kay Wyland FROM: Bob Kirmis/Alan Brixius DATE: 3 November 1995 RE: Lino Lakes - St. Joseph's Church CUP FILE NO: 194.01 - 95.05 EXECUTIVE SUMMARY Background MCL Architects on behalf of the church of St. Joseph have requested a conditional use permit amendment to allow a 35,000 square foot expansion (1,300 seat worship area) to the existing church facility located east of Sunset Road between Interstate 35W and Elm Street. Additionally, a variance from the City's accessory building requirements has been requested to accommodate a detached accessory structure larger than 1,100 square feet in an R-1 zoning district ( ± 2,600 square foot accessory storage building proposed). The subject + 20 acre site is currently zoned R-1, Single Family Residential which lists churches as conditional uses. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Site Survey Exhibit D - Site Plan Exhibit E - Grading Plan Exhibit F - Landscape Plan Exhibit G - Utility Plan Exhibit H - Building Elevations Exhibit I - Floor Plans 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 Recommendation Based on the following review, our office recommends the following: 1. Approval of a conditional use permit (amendment) to allow the expansion of a church within an R-1 zone subject to the following conditions: a. The Anoka County Highway Department and City Engineer provide comment/recommendation in regard to the need for Elm Street improvements necessary to accommodate increased area traffic volumes (i.e., right-of-way widths, site access, turn lanes, etc.). Consideration is given to the removal of the site's easternmost access point (east of original church) to further limit access to a high volume roadway and rectify a jogged street intersection condition in the area. c. The site plan is modified to illustrate specific trash handling areas. All waste, refuse or garbage shall be kept in an enclosed building or container designed for such purposes. d. Consideration is given eliminating the row of parking stalls abutting Elm Street and devoting such area to green space. e. The site plan is modified to illustrate exterior lighting locations. All lighting shall be hooded and directed so as not to infringe on neighboring residential uses and public rights-of-way. f. If any new signage is to be erected, a sign plan is submitted which specifies the location, type and size of all proposed signs. All site signage shall be required to comply with applicable provisions of the City Sign Ordinance. g. The submitted grading and drainage plan is subject to review and approval by the City Engineer. Such review should specifically address the need for drainage easement establishment over the site's ponding area. The applicant shall be required to demonstrate that the proposed development will have no wetland impact. h. The submitted utility plan is subject to review and approval by the City Engineer. Such review should specifically address details relating to septic system removal and well capping. The City Engineer and Anoka County Highway Department provide comment in regard to the proposed roadway easement acceptability. 2 J. The applicant demonstrate, through the submission of a building elevation(s) that the proposed accessory building complies with R-1 District height requirements (16 feet). k. The proposed accessory building is finished in materials judged by the City Building Inspector to be compatible with the site's principal structure. Comments from other City staff. Approval of a variance to allow an accessory storage building within an R-1 zoning district to exceed 1,100 square feet in size subject to the following conditions: a. The City direct staff to pursue an ordinance amendment which addresses the greater accessory building needs of non-residential uses (i.e., churches, parks, golf courses, schools, etc.) allowed in residential zoning districts. b. Comments of other City staff. ISSUES ANALYSIS Conditional Use Permit Review CUP Evaluation Criteria. As noted previously, the applicants have requested a conditional use permit to allow the expansion of an existing church facility within an R-1 zoning district. In review of conditional use permit requests, Section 5, Subd. 5 (3) of the Zoning Ordinance stipulates that issuance is only permitted if findings are made that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and this Ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. 3 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 6. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 7 Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. 8. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. 9. Will conform to specific standards of the ordinance applicable to the particular use. Comprehensive Plan. The City's Land Use Plan designates the subject site as single family residential. Although the plan does not specifically delineate semi-public uses, churches are listed as conditional uses in R-1 zoning districts and are considered complementary to residential uses. In further support of the proposed use expansion, the comprehensive plan includes the following policy: Moderately intense development (residential, commercial and industrial) shall be encouraged to locate within Lino Lakes. The location of such uses will be consistent with the availability of public facilities, thoroughfare accessibility, and conformance with established adjacent land uses. Land Use Compatibility. To determine the compatibility of the proposed use, it is considered beneficial to examine existing and anticipated uses which surround the site. The following is a listing of uses and zoning designations which surround the subject property: 4 Direction Land Use Zoning North Interstate 35W/undeveloped R-1 South Single Family Residential R-1 East Single Family Residential R-1 West Senior Housing R-4 Considering that the proposed structure expansion is to occur within the interior of the site over 300 feet from adjacent residentially zoned land, the proposed semi-public use is considered compatible with adjacent uses. Public Services. As a condition of CUP approval, findings must be made that the proposed use will not overburden the City's service capacity. As noted on the site plan, the existing church facility is currently served by a private septic system. As part of the proposed church expansion, the church is required to hook up to City sewer and water. The proposed use is not expected to overburden the City's service capacity. Traffic Generation. While traffic generated by the proposed church expansion will undoubtably escalate traffic volumes upon Elm Street, it is believed such street can (with any necessary improvements) adequately handle such volumes. It should be understood that peak traffic generation for the church will not coincide with typical "rush hour" traffic. Necessary improvements (i.e., turn lane, signage, etc.) should be subject to the recommendations of the Anoka County Highway Department and City Engineer. Access. The subject site is currently provided five separate access points to Elm Street. As shown on attached Exhibit D, the church expansion plan calls for the elimination of one of the said access points and a westerly shift of the westernmost driveway. In consideration of Elm Street's classification as a collector street, the proposed elimination of an existing access point and increased driveway separations are viewed as positive. As part of the CUP amendment consideration, however, it is recommended that an attempt be made to also eliminate the site's easternmost access point (east of original church). Such removal would rectify an existing jogged street intersection condition which exists in the area. With the exception of the easternmost driveway, all access drives measure 26 feet in width and satisfy maximum curb cut width standards. Setbacks. The proposed church addition, accessory storage building, and off-street parking areas have been found to meet applicable R-1 District setback requirements as shown below: 5 Principal Building Addition: Required Setback Proposed Setback Front Yard 40 feet 435 feet Side Yard 10 feet 325 feet Rear Yard 30 feet 225 feet Accessory Building:* Front Yard 40 feet 495 feet Side Yard 5 feet 465 feet Rear Yard 5 feet 175 feet Parking Area: Front Yard 15 feet 15 feet Side Yard 10 feet 100 feet Rear Yard 10 feet 215 feet *Variance required for structure size allowance. Off -Street Parking Parking Supply. As calculated below, the church is required to provide a total of 325 off- street parking spaces: Worship Area Capacity Ratio Required Spaces 1,300 1 per 4 seats in the main assembly hall 325 According to the submitted site plan, 465 off-street parking stalls have been provided. Thus, the proposed parking supply exceeds with ordinance requirements. Handicap Stalls. According to the Minnesota State Council on disability, the proposed use is required to devote 9 of the provided 465 stalls to use by the handicapped. With a total of 12 handicap stalls being provided, this requirement has been satisfactorily met. 6 Dimensional Requirements. All proposed off-street parking stalls have been found to meet minimum stall (9' x 18') and drive aisle width requirements (26 feet) Landscaping. In accordance with CUP/site plan submission requirements, a landscape plan has been submitted for review. As noted on Exhibit F, a garden court element is to be provided directly south of the proposed sanctuary. Such site feature is considered extremely positive by 1) breaking up a large expanse of off-street parking, 2) reinforcing the assembly area access, and 3) providing a visually interesting natural element to the site design. Specific tree plantings to be located on the site include Honey Locust and River Birch. Recognizing that the church's parking supply greatly exceeds that required by ordinance, consideration should be given to the conversion of the Elm Street abutting parking stalls to green space. Trash. The site plan does not illustrate any specific trash handling areas. According to Section 4, Subd. 25 of the Zoning Ordinance, all waste, refuse or garbage must be kept in an enclosed building or closed container designed for such purposes. Specific trash handling areas should be identified on the site plan. Lighting. The site plan should be modified to illustrate exterior lighting locations. All lighting should be hooded and directed so as not to infringe on neighboring residential uses and public rights-of-way. Signage. While the submitted site plan does specify parking lot signage details, it has not been indicated whether any new church identification signage is to be erected. If any new signage is to be erected, a sign plan should be submitted which specifies the location, type and size of all proposed signs upon the property. According to the ordinance, the following requirements apply to institutional identification signs within R-1 zoning districts. Height (maximum) Area (maximum) Setback (minimum) 6 feet 24 square feet 10 feet from .property line Grading and Drainage. As noted on the submitted grading plan, a large ( ± 0.5 acre) ponding area is to be provided in the northwest corner of the subject property to manage storm water runoff. Specific grading and drainage issues should be subject to comment and recommendation by the City Engineer. As part of such review specific recommendation should be made as to the need for various drainage easements. 7 Utilities. As part of the proposed church expansion, a hook up to City sewer and water service is intended. This issue and details related to septic system removal and well capping should be subject to comment/recommendation of the City Engineer. Wetlands. As a condition of CUP approval, the applicants will be required to demonstrate no wetland impact. This issue should be subject to further comment by the City Engineer. Elm Street. Elm street which abuts the subject property on the south is currently provided a 33 foot right-of-way width from the centerline. According to the submitted site plan, an additional 7 feet of roadway width is to be provided via easement. The acceptability of such easement should be subject to comment by the City Engineer and Anoka County Highway Department. Building Height. Within the R-1 zoning district, no church may be erected which exceeds 45 feet in height (Section 4, Subd. 9). Also to be noted is that church spires and cupolas are excepted from such requirement. According to the submitted building elevations the proposed church exclusive of the proposed cupolas and spires, is to measure 40 feet in height and complies with the ordinance standard. According to the ordinance, accessory structures in the R-1 District may not exceed 16 feet in height. As a condition of CUP approval, the applicant should demonstrate compliance with this provision through the submission of a building elevation. Building Materials. According to the submitted building elevations, the proposed church addition is to be finished in face brick which will match that of the existing structure. The assembly area (sanctuary) roof is to be finished with standing seam metal. According to the ordinance, buildings must be designed, constructed and maintained in an aesthetically compatible manner. Finish materials of the proposed church addition have been found to satisfy this requirement. In regard to the finish materials of the proposed accessory building, R-1 District provisions direct the following: - No metal corrugated siding or roof. - Roof and exterior color and material compatible with home (principal building) As a condition of CUP approval, the applicant must demonstrate compliance with the City's accessory building material requirements in a manner judged acceptable by the City Building Inspector. 8 Variance Review Accessory Building Requirements. While the site's proposed accessory building does meet R-1 District setback requirements, the size of the structure greatly exceeds that currently allowed by ordinance. Specifically, the R-1 District allows a maximum detached garage building size of 1,100 square feet. At + 2,600 square feet in size, the proposed structure more than doubles the maximum area requirement provided in the ordinance. To accommodate the proposed accessory structure, a variance from the R-1 District size standard is necessary. Evaluation Criteria. In consideration of variance requests, Section 5, Subd. 7 of the ordinance variances may be granted when strict enforcement of the ordinance would cause undo hardship because of circumstances unique to the individual property under consideration. The ordinance also directs the City to make the following findings: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. In this particular instance, the need for variance results from a failure of the R-1 District provisions to recognize that the non-residential conditional uses which are allowed in the district (i.e., churches, parks, schools, golf courses, etc.) may typically have accessory building space needs that exceed a single family home. 9 In consideration of this matter, we feel the granting of the requested variance may be justified due to the following: 1. Disregarding the site's zoning designation, a ± 20 acre site such as that in question would be allowed an accessory building size not greater than the foundation of the principal building. The size of the subject site and proposed structure setbacks essentially remove the potential for adverse impact from the accessory building. 2. Recognition of accessory storage needs of non-residential uses in R-1 zoning districts is in keeping with the spirit and intent of the ordinance. 2. If the City chooses to grant the requested variance, it is our recommendation that staff be directed to (as part of the pending ordinance update) pursue an ordinance amendment which addresses the accessory building needs of non-residential uses (i.e., churches, parks, schools, golf courses) allowed within the City's residential districts. Such amendment will ensure equitable future treatment in this matter. CONCLUSION Based on the preceding review, our office recommends approval of the following: 1. Conditional use permit amendment to allow the expansion of a church within an R- 1 zoning district. 2. Variance to allow an accessory building greater than 1,100 square feet within an R-1 zoning district. Approval of the forementioned should, however, be contingent upon satisfaction of the conditions listed in the Executive Summary of this report. pc: Randy Schumacher 10 N O R T H 1 MILE CITY OF LINO LAKES MINNESOTA EXHIBIT A - SITE LOCATION 11: • - ��� 11 1. S11 6 9 "1 T16�� .;.I,1. • . , , ruyami L 1 -1 �_f • MOA TN 11 7 T 6;9 O'rrfr ls i r4 F'A M/1' 1 L6 0.5 ..a ♦ — 7 9 j,- I 7 4 S 6 r RE MARSHAN LAKE MULTIP FA BU BUSINESS WIT SENIOR HO . NG EXHIBIT B - DETAILED SITE LOCATION Certificate of Survey for: The Church of St. Joseph of Rice Lake 358'v 1\10. - sic 0.-51 0. - te terst ti•S' ' s , A , ;n4,..,.....,.. , ...,....... .-.7 - _ \ ? \ ,--7-,:. -‘-:-,' ., j,.,..,...,,- 4.1./ -*N.---4.916,, c1.11 1*Z-e:,. _,. . - ,_ 1,....?:.1 „0......,../.- "i ' -___.--------- 4,2•1.....),-..,-4---1::._ - --, - 1 ‘. \,„!-. P • i .7,--/.. —_, ..- 1 i • -4-,_:,.-:.\--.!\---11--- '-">/-7-:-----.]zs.,'''''. , , - --.-•- -'--- --. ;,..... ./.....--,...,,- ., .. N. ,-'7- .•/ ,,,/-- / . 1 . / ., .,"..,.,. „ -.411,.-,,,i-, lt•-,....=,_i-.-7_:_i1I -„„ i! , -"t.......„rS.i.-_—i-.,;-----'-G-,.*,-.,e.,•.;:.„.....,.- •z)„.....A'- -.-... --..•,,... ,- .•;. .-.. - - \ zk -'/ : — _ — ,- ....'...v.•.—a:_'....—”... ,.''. •''••cI.' i... .*.-\„- '‘',-..-. 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N, 1 1:f:o-r1=Li : '' 1-.. -• .'' '-- ' '': ' ' ;:':;-'.. -;- ' . 7 ” • . . •- - ...•..: .. 1 -if.'., • • . i -, '"•Pdr-y--- .•-• -] ;.•-"..-• i , ---, ; - 072.,\.„... •-..„. m , . ..,...„ .- ----1- ...,.....:_--_,,,______22.7.;:__________--_,„_„:,,,,..„...r..,..., • . :-..;r:.. -----e •'-'-.------ ag• -7. ....,..,1k7.: ,. "`•:.... -. • ..-... 5 3.73 s y Stote Aid Highway No. 12 S.8e M. \ n R .5. 45955/5 •, Legend /55.54.5 4055* 44.. For mon*, gel • 4-,a1 erre SAn.. • rn-uales 77 :5-55555 4.5e, E cele. cca, Lest.es - s• dew.. .00, Ace 1. --,55-5.55 ;55,-5.5 5,5555 x ▪ 1.111.11M Lrc.”, - tfe• o' 5:45, 45 Ser,- ;2 15-5 c• .555.444-55 4t •-- 5557,5 5.55-5,• 7-, 4r5., 4555, _ 55,5 .555-55.555,5 ,4c-5 ococ; • c ten0 1••• ro• Sfee .11;a4-3 MCL Architects Woe two., Pa foor 1•777',7"7"-;'7' EXHIBIT C - SITE SURVEY ti g5\``= rs1Q• ivh`>vai' Q.8 azo 14igi= g fi SOIL POND LOCATION TO µBE DETCRUNEO BY TO7NEw. OUTLET aBE P20VCFD AS PER TY PRECTON O 02 RFEraf;+.l CEMETERY LOS' PONT TO BE TIED 7.. NSTALL TY CUP CUL.EA1 SAKD N TNS IDEA CLI.OIT 20101E EMT. WM]T EXISTING WST-OF-WAY P80000 D e 040.rIELn LOCATEDTo O A.d0 TREES) Cab 48 Haus before ung: GOPHER STATE ONE CALL Twin City Area 454,0002 Mo. Toll Fee 1-800-252-1166 666400 =.ice ..',`>'« :•m. NET Ta-. -«L TOP EN 6.FINCE SILT FENCE DIVERSIONARY DIKE ROCK CON5TRUC1100 ENTRANCE I FOFNt1 DEPOTS PROP060 SAT FENCE 00,ES Y N'FAvµ 0.11. CONT.. 0EK Ts Ta NTERvµ PROPOSED CONTOURS .C.15 PIT1.05 D 4ENwNG UMTS DE•C?E EM,NG CO. CF TREES Dot -ES EL-rwt EDGE a TREES DANS Eu5'v.G EDGE or TREES S0. BORNG LOCADprs (BY 0TNr.A5( GENERAL GRADING & DRAINAGE NOTES• • ALL CONTOURS ANO SPO' E�VATIORS ARE 5NOYM TO FINISHED SURFACE/GUTTER GRADES UNLESS OINERWK 40TED. • REFER TO THE SITE P(00,'73305 PLAT FOR MOST CURRENT HORIZONTAL SITE DIME451705 AND LAYOUT. PRELIMINARY - NOT FOR CONSTRUCTION. • THE CONTRACTOR SHALL AR,77 THE LOCATION AND ELEVATION OF EXISTING UTILITIES AND TOPOGRA?` C AL FEATURES VAIN THE OWNERS AND FIELD -VERIFY PRIOR TO CONSTRUCTION. '4E CONTRACTOR SHALL ImMEDIATELY NOTIFY THE ENGINEER OU MY DSCRE'ANOES CR VARIATIONS FROM PLA. •NO TREES SHALL BE 8001:4,_2 WT40UT APPROVAL OF ARCHITECT/ENGINEER. • ALL RCP FOR STORM SEER SHALL BE CLASS DI UNLESS OTHER 185E NOTED • ALL CATCH BASINS MD M+NH0 05 :N PAVED AREAS SHALL BE SUMPEO 0.10 FEET. RIM ELEVATIONS ON PLAN R£FLCT THE SUMPED ELEVATIONS. • ALL CONSTRUCTION SHA:_ '.CNFCRM TO LOCAL RULES. •POSITIVE DRAINAGE FROM =E S 0 MUST 8E PROVIDED AT ALL TIMES_ EROSIONCONTROL NOTES: • ALL SILT FENCE AND OTHER £ROSON CONTROL FEATURES SHALL BE IN-PLACE PRIOR TO MY EKCAVAPCN/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILT FENCE ON-SITE SHALL BE MAIM.`NNED AND OR REMOVED MO SHALL BE CONSIDERED INCIDENTAL TO THE GRADLNG CONTRACT. IT 15 OF EXTREME IMPORTANCE TO BE AWARE OF CURRENT FIELD OONDIDONS WITH RESPECT TO EROSION CONTROL. TEMPORARY PONDING. DSS HAYBALE5, ETC.. REWIRED 8Y THE OTT SMALL BE INOOENTAL TO THE GRADNO CC...'R ACT. • ALL STREETS DISTURBED CX:R:4G WORKING HOURS MUST 8E CLEANED AT ME ENO OF EACH WORKING DAY. A ROCK ENTRANCE TO THE SITE MUST BE PROVIDED ACCORDING TO DETATL5 TC. RACE TRACKING OF DIRT WTO PUBLIC STREETS. NORTH 50 100 200 N � EXHIBIT E - GRADING PLAN '1995 Westwood Profesianal S(P.ioee. Iwe. K'J 1.K 13•0•CfR 10 IS O+IXo.Rr011 0.effIlloy �1 .. 1• t igb 1)•`• • .11 2• r Cjr'•'.- t- r-YNE BY. nNArto1.10.0 icrA". FC,L ; EMPEER 114.01(0! �1 �!, { , X11 SIA, e ,0000 L • •Pm. m.S( 104.04.4 r +- M.A,1 , 4Y 01124_141 - RTC 1KET 10 K S-RO.OK U¢SW. N51•4.4 12' EYP 42300 1.34031 0431 PROPOSED r 1311. (10 BCK 1 Cal 46 Hours beam atgg0.a: GOPHER STATE ONE CALL Twin My Area 454-0002 Mn. Toll Free 1-800-252-1166 44-4 430.4.4 la ReCoom • .on 940..c..+�ac.a SILT FENCE DIVERSIONARY DIKE ROCK CONSTRUCTION ENTRANCE MYOBOSED 91.1 ..3112 YBY •47,B04. 0.93,501 CON YOJB-S K4onc PROBOSe0 4u.0•4 U.OTS OEsenS rzs.4 CDC( a .era 00.1BS5 (Ns -N•‘ Loot Or TPra onCnS LOTT. Era a 1Ka wens Tx WRAC tCC.ro.a (6- 011403S1 S ENFRA' (RiAD!NG R DNA/NAGE NOTES: • ALL LV+1Ol01 ANO SPOT 0105. TORE ARE 54.0-'. TO 10«54.00 SURFACE /CUTTER CRAMS V+LE5S 0114E9134SE RD1ED. • REFER TO THE STE PURR /RECORD PIAT 00. 0O;T CIJPRENT 140012044-0 591E 041.4E3190145 040 LA 100 • THE CORERACTOR 91AL1 VERIFY TRE LOCATION 24140 ELEVADON C0 E05TING UALIoES AN: TOPOO1APNICA,. FEAR/PCS 14114 INE ONNER5 AND nol.-00067 PAKv4 To CON's1RUCnOI:. INE L•041RACTOR SMALL 14,14EDIATELY NOTIFY INF_ ENONEER CA ANY DISCREPANCIES OR vN1ATi0445 FRC4y PLAN. .NO TREES SHALL BE 44040405 .17140444 4PMt0VAL of AROe1000/EN01000. • ALL PCP FJR 51008 SHALL BE CLASS 8 UNLESS 0114E7.SC NOTED • ALL C=ICN BA4N5 AND .04N00lE5 444 PASEO AREAS SHALL BE SU..fp 010 FEEL. Poo ELEvA110:5 OR PLANS RETLECT 100 SOAPED E1EvA114v5. • ALL CONSTRUCTM SMALL C01400P44 TO LOCAL RULES. • 009114E ORAm*CE FRO. THE OTE .OST 8E PROVIDED Al ALL TRIES. FROS1O11 CONTROL NOTES: • ALL 541 FENCE .040 011,ER EIi0904 00,41.01 MATURES SHALL 8E IN-PLACE moo 10 ANT EKCAVATON/CORSTRUC110N AND SMALL 80 YANTAO4ED U.114 VIABLE 1010E OR 040(4140 CO`.C8 NAS BEEN ES108L6NE0. E1US11NC SILT FENCE ON -910 SNAIL. 8E 44AW1NNED AND 08 REMOVED AND SHALL 8E CONSIOE0 5 INC:DEN1Al ID 14K CRA0N4C CMIRACT. R IS Or EKTRENE IURORTANCE 10 BE ANARE 00 CURRENT FIELD OONM110N5 117. 8ESNECI 70 8051044 024848(1, TER ORARY 0040144 DRIES. HATI A*E5. ETC.. REWIRED 8Y 114E OTT SMALL 8E 4340CENTA3 TO 114E 01/00840 CONTRACT. • ALL STREETS 0SMt8ED DURING 1000440 HOURS .UST 8E CLEANED Al 71.E ENO O< EACH 1ETNDNC DAY. A R00< ENTRANCE 10 114E 517E 141/ST 8E 08000E0 0C(08(.445 10 DETAILS TO REDUCE 1RACKMG Of DIRT ONTO PUEIUC SMUTS. NORTH 0 50' 100 200' • I E • O-56 1 EXHIBIT D - SITE PLAN `1995 sestwora f f.. Orel Ser .lwa Me. '0ti<£N: j s ti> il: ,r' -_ R- +S f. ti s • Plant List .r. 02000, «044/9010»G.L .x.c o,.. 0zr/.00. so.c..G 9. 9/00000e00/0.00.. rvwa.n... 000 'Ah. �- fte 001,4•944 ewe 1, PO (. IF.. 400.4 ,._ ..,.../A*-. ..a...... 10001 ..e..r 5, i Pot • OC An .m....ma ...«,wFx...s. <.m..m.u.d .. 1.1 w. ..GC Planting Notes a«u.<a «n...«< ««v.. 1.m—... ed.«. Cow wo ..a wean o.., oe.. « Mw 00.4 .Jx n woo, o.owo to0,00-000 orol 140/ 0.0.04 •r 0.40 000-4.4 fery ww, daee.4 00 0,00 (....rzuI «a .«,rt Cap' - 5'-. Yn. Cs' 05._OO17) m ewe. Tree Detail Cos 48 Haws before digging: COMER STATE ONE CALL Twin Gty Area 454-0002 Mo. Tal free 1-800-252-1166 Shrub Detail .< 10 TO.m 1. .¢s-10 .w. ,0c..rzo —. • _ — IrrrA - treet County State Aid HignwfiY No. 12 NQPTH 0 30' 00 200 r....z..1.„ 'L.:. :7:7.70 7/77...t :: (7•476....{. ."' as 6 0 1 EXHIBIT F - LANDSCAPE PLAN 3 rstate Ici- obo`ft) 4„ 44 :. :.SA.AtCRJAARY FAL 9;i0.04 • INV. 900.CW CEMETERY HYDRAN(... EXIST. 6" WATER STU8 6 • 6" VIA i 1----) 6SA1 O 2% 10' (TVP.) 6' SAN. $08 TOP RISER ELEV. 890.0 EAST. SAN. NH INV. 875.01 0 HYDRANT1 11 I_$—___ EXIST. WELL TO 8E USED FOR IRRIGATION PURPOSES NOTE' ExACT LOCATION OF SER8CESTO BE DETERMINED N1 THE FIELD TO AVOID TREES REMOVE EMT 0 AAD RONNECT TO 6 WATIITMAN/C SAW CVT kRESTORE F.CC _"_✓ �_/—�!04ia2 -- - _x._.._ • X61A'a• 9T R UI YiAI E RMg•` - - _" __x _ - q a EXHYDRIST 12 WATERMPMI ._ :i — EXISTING,F 1 Can 48 Hous before x991^7 GOPHER STATE ONE CALL Twin City Kea 454-0002 Mo. Ton free 1-800-252-1166 PRELIMINARY - NOT FOR CONSTRUCTION. QFNERAL UTILITY NOTES: • THE CONTRACTOR 5814.4. VERIFY ALL EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NDDF8 THE CWN£R OF AN: DIFFERENCES. • UNLESS OTHER8SE NOTED. ALL 4AT£RIALS. CONST. IECHN10UES AND TESTING SHALL CONFORM TO THE 1988 E0. Cr THE "STANDARD UTILITIES SPECIFICATIONS FOR WATER MAIN AND SERNCE UNE INSTALLATION AND SANITARY SEWER AND STORM SERER INSTALLATION 87 THE CITY ENCNEERING ASSOCIATION OF M1NN T AND TO THE "STANOARG SPEOF:CATION FCR HIGHWAY CONSTRUCTION 1418N. DEPT DF TRANS.. JUNE 5.1988 .NCLUEVIG THE CrARENT ADDENDUM. THE CONTRACTOR SHALL BE REQUIRED TO FOLIO& ALL PROCEDURES AS OUTLINED BY THE LOCAL AGENCY. • THE CONTRACTOR SHALL REC07E THE NECESSARY PERMITS FOR ALL W2.10 OUTSIDE OF THE PROPERTY 50115. • SEE ARCH. PLAN FOR EXACT 8.0 . LOCATION. SEE SITE PLAN FOR LAYOUT DIMENSIONS SERVICE ENVY LOCATIONS TO ?E COORDINATED 'NTH THE ARCHITECT. • VERIFY (051140 INVERT LOC. & ELEV. PRIOR TO BEGINNING CONSTRUCTION. THE WATER 54.1412E SHALL 8E I145TAL1ED WITH A Mm. OF 7.5 FT. OF COVER. THE CONTRACTOR SHALL VERIFY THE CITY A5 -804T CONSTRUCTION PLANS TO CHECK LOCATION AND MATERIAL TYPE. ALL STORM SERER PIPE SHALL 86 CLASS 5 UNLESS OTMERVASE NOTED. • THE CONTRACTOR SHALL CONTACT 'GOPHER STATE;ONE CALL FOR FOR UDLITT LOCATIONS P8408 TO IJDuTY INSTALLATION. • THE WATERMUN SHOWN IS FCR PRELIMINARY PURPOSES 811.0 AND 15 5U8..ECT TO THE RE,E• OF THE CITY FIRE MARSHAL. LECFND DantiG SANITARY SEWER--, ---' WATER HYO. W/VALVE STORM SEWER--51..__- mamma SANITARY SEWER —4— WATER —1 MVD. 8/VALVE - 4 STORM SEWER —N— NOF .TH 0 50 100 200 EXHIBIT G - UTILITY PLAN ssuT+ c+_e w.-+ t w� w+yftv.t:+ti+ ( + t' Cr17N - orrtirc .�.. a.+-.nr*w Nawn- LIeVATION HMT ruNAT*4 .J LR. 1 OF ST. iOSE . . LINO LAKES, MI FESOTA MCL A 3 EXHIBIT H - BUILDING ELEVATIONS rr @). 'es:7 ey.c,411v1-1 •• 10.1.1. 13.1W -a' • -I TN. 11.40, CHURCH OF ST. JOSEPH tis0 LAKES, MN\ESOTA .A4 ARCHITECTS: INC. 0C10111t 113 r £ !Tse. e' ve '.� ry,00F rthti - LINK O-ILAKH OF ST. JOSEPH LNO LAKES, MN' ESOTA MCL AZARCHITECTS. INC. QCT — EXHIBIT 1 - FLOOR PLANS 5 • ;I 0 0 p• 14.. 0' r-• r:? 0 0 L U UUU 10 0 0 0,- a 1-1 L 4' 0 0 d' •- 4) n-antflA4 - worcsoir ve• OlLAZCH OF ST. JOSEPH LINO LAKES, MMESOTA illeXCi..a A ARCHITECTS.. INC. G'f4 -TRA'iA 1 Fl-tAt.1 ..L----,----- .....-.........--......---- - -... -........ •--- .• Mir - I Mir . rair I MNVW t 11101D 'Nemo t-Ap '4ii7i1-16 oi4 e-ill,ID 60146-11z1LTic1-1 Vs4:i •51-NIAltot-k • 011-114 Lv/asioti • -1-1 -a (31 0 (\) • la r n x 0 Ft ❑ m cn 0 0 X r n 0 AGENDA ITS 8 C STAFF ORIGINATOR Mary Kay Wyland DATE November 22, 1995 TOPIC Behm's Century Farms 1st Addition - Final Plat Initial review of the Behm's Century Farms plat began in late 1993 with a preliminary plat approved by the Council in May.of 1995. The preliminary plat consists of 105 lots in three phases with the first addition containing 55 lots. The property was rezoned by the Council to R-1, Single Family Residential and is indicated as, such on the City's Comprehensive Land Use Map. The Metropolitan Council approved the Minor Comprehensive Plan Amendment for a MUSA Land Exchange covering the first phase of this development on August 7, 1995. Utilities are being extended from 4th Avenue to serve the site with construction to begin in the Spring of 1996. Construction of four models off Lilac Street will be initiated yet this winter. Conditions of approval for this preliminary plat included the provision of landscaping along Lilac Street, protective covenants acknowledging the air -park proximity, the accessory building size for the air -park lots, and a north orientation for the homes to be constructed on Lots 17, 18, and 19, Block 5. These conditions have been met and a copy of the landscape plan, which has been reviewed by our City Forester) is enclosed for Council consideration. A Development Agreement has been signed and financial guarantees posted. Mr. Hawkins has indicated that the title commitment- order. Staff would, therefore, recommend approval of Phase I, Behm's Century Farms. • Approve Final Plat for Behm's-Century Farms . Return to staff for further consideration Option 1 Phase ►; sY1, dj U 6_vroo 'kt." I+\ S g.:Q.t1. eA.AJ LiNNI CA !Ar io $-0C(----A- ) APR -t? -1995 11:26 NAC 612 595 9837 P.10 NORTH SIMENNENSIMINIMINIMIlerg 1 MILE CITY OF LINO LAKES MINNESOTA EXHIBIT A - SITE LOCATION 0 100 200 300 moommmommmommisam SCALE: I INCH 100 FEET • DENOTES IRON MONUMENT FOR THE PURPOSES OF THIS ... PLAT THE SOUTH LINE OF THE SW 1/4 OF THE SE 1/4 OF SEC. 7. T.31, R.22 HAS AN ASSUMED BEARING OF N 87'26'13'E 3 �I/lrL��}���� I�III s aY ��I1 IIU !I�'�Ml •. Z 01.30'14•W 441. v S c \T FAV 5 00'08'28'W N 1322.79 9 DI 3i rr • '' 3i rr g2 g _JJ 711 0 w M M coco M I. a .1 0 ..,iT L 0 T A 3 0.00p N 00.08'26'E O Q � 1- 0 G cc 1^ m + 0J) . m� z 127,6 N 0265.0 8'E 265.00 N 04'09'13.E L I. • 1 N 00'19 18•E 1766.02 4 IY CITY OF LINO LA COUNTY OF ANOKA WIIIA M YTILIT YY S1) Wan MY•lAND IURVEYI «+w wwna SHEET 2 OF 2 44 • ___ • ____ _ 7 LILAC STREET Cgt.T. TOES . r.01.1 LAKIN \ • 1./ 11...t. Clinton [WILLI SPAM 1,0....0Uso tit" TO f tiSr LAIIRAL OnANCI..O ,rALL I UM V000 OUP nivto. No, 1.01, OF OA, r0 Or 1.-1.• • ANT • ET Buell's — - \ SHRUB PLANTING DETAIL 1UeH's ALA:LI 5LILEDLIL A BLACK 101.1.1 SPRUCY 41 IR • COLAIRROo FARUCE • 11 C COLORADO SPRLVF A 20 D P004004 A3/1 r 11 F RFDA1022111.124112N 11 11 1. •1...1.10X11...•0 0,0in A 111( 0001 1,"1".TrIA::.[.1:V...Ottr.TDL,f17Z/L.;11:"{X.'.."•;4r$4::1"" AM:4,MM 0, 01)115011.. l;r1IrT:7.41.1'1=0'40::=.; nTr, .5511. 11 70 Ro g • r, '-- 6 z 4, t 1— < 8 5.1 o (,)20 z ozi!: 0 • (-) "C)o) 1 ,y) 75 h B COURT 15PVC DIP 0 3o 4c1 4,4.1, el See, , w - 12 NI eioE ruf, q01 ( 10, 9 L I LAC SIR E LILAC STREET • • ' * CONTRACTO. '6 OPT. LIPS WM. MIS LAMM TSAR 1^ .11/ALLT SPACED 110° ea... tot. —.nee 11. TO rIMPT 41-10.41. MANE.. TPA. ONLY/ 1 410 WOO CMIP NYLON POP Or PALL TO •• r1.0 ee.e. F101 NED — ...FLAPPING SOIL IALIFILL ..-Ineorirveeto Ell. INC S011. [TREEPLANTING DETAIL BueWs SHRUB PLANTING DETAIL MrBUeiN ,e3;3211_11'1.,12:13_e711,1' . Lens,. tomeeeC1011 Sete, riell SITE to IrCORE ereerl.eeeee rent,. VI. SI. LOPIIII,100.. ALL 1101oON APO 4.01. 10 St Mot Or... . No PLAPT.0 OE INSTALLED UNTIL ALL CIADINC CON - SIVA, eLAS .110 e.erlriED IP Ter ImerDis. A.A. ASSOcIAT ION Or AM.., 1.. OLIP WOOD Met. VILL Pr INSTALLED V.. ALL ler. .0 ISOLA/ED nese CRDUND A.AS Amp CENERAL 214[11-101)00Ie A BLACK I BUS SPRUCE 4' 19 B COLORADO BIRUCTf C COLORADO SPIII3C2 10 D PAPHORP ASH r 13 I REDMOND LD,D3.14 r 13 ..(t) TB' gi- ps_n Z < _11— >- LLI w W CC Z w<&) (...) v,0 ZJ w _1 3E 0 100 200 300 SCALEI I INCH - 100 FEET DENOTES IRON MONUMENT v FOR THE PURPOSES OF THIS ,. 44e'vs PLAT THE SOUTH LINE OF ,.. r•1 ''..., 4'4, THE $W 1/4 OF THE $E 1/4 .. .•.,:k. OF SEC. 7. 1.31, R.22 ;.:. 6 CV HAS AN ASSUNED BEARING :. OF N 87•26'13'E KVAIMWOOKYLIMI 1.- „ . reakialtAl—,C° S 0130'14W 441. =ARv 0008'26.W 1322.79 ..•..L. 1g1: ,:.:), , , - „: . IP LOWINO o zN 0019'18-E 127.8 265,00 11 NO0'19.18E 1786,02 CITY OF LINO LA COUNTY OF ANOKA .s_I MO VTILJW 110•111011111,1 MY -LAND SURVIYI I.A1w 111111,1101 • SHEET 2 OF 2 • 8'4 1111 'r I ..11B14 leur 8 o zN 0019'18-E 127.8 265,00 11 NO0'19.18E 1786,02 CITY OF LINO LA COUNTY OF ANOKA .s_I MO VTILJW 110•111011111,1 MY -LAND SURVIYI I.A1w 111111,1101 • SHEET 2 OF 2 11/25/95 G.M. DEVELOPMENT, INC. 3825 85TH AVENUE NORTH MINNEAPOLIS; MN 55443 (612) 424-8559 Mary Kay Wyland Planning Coordinator City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Re: Behm's Century Farm Development Dear Ms. Wyland, Century Farm Development Inc. will be the corporation that will own and develop Behm's Century Farm from this point forward. Please continue to send all correspondence to me at this address. Please find enclosed copies of... 1.) The disclosure statement to be signed by the home buyer at the time of purchase. 2.) The Declaration of Covenants on Behm's Century Farm. On page 9 are the additional restrictions that we agreed to with staff. On page 11 you will note that lots 17 and 19 Block 5 must face North. 3.) The amended Air Park North Covenants. These are referenced in the Behm's Century Farm Covenants and 1 felt that you should have a copy of these also. Mr. Hawkins will probably want to see both sets sometime before the final plat is released to nie. You should note that the Declaration of Covenants for Behm's Century Farm does not include the language "The hangers are for the exclusive use of the property owner for the storage of airplanes." This language was included in item number 8 of the staffs recommendation of "Additional Protective Covenants". A copy of those recommendations and the minutes of that council meeting are enclosed for your convenience. According to my memory and notes, Ms. Kuether's motion included the removal of that language. The minutes of that meeting do not clearly reflect her desire to have that language removed. I feel I need to point this out so there is no misunderstanding with future home buyers, agents, builders, the city and the developer. I understand that her concern was that requiring future buyers to only use the hanger for storage of aircraft, was far too restrictive. Please call me if yo e any other n or concerns. Sincerely, Gary Uhde DEVELOPERS • CONTRACTORS • CONSULTANTS COUNCIL MEETING MAY 8, 1995 Council Kuether referred to the restrictive covenants and read Item No. 8, "the hangars are for the exclusive use of the property owner for storage of airplanes". She did not feel this covenant was necessary and was too restrictive for people who would be second or third home buyers and do not have airplanes. Council Member Kuether noted that another restrictive covenant requires that the hangars not be used for commercial purposes. Council Member Kuether referred to the restrictive covenants and read No. 11, "property owners may be allowed two (2) years from occupancy to construct a hangar". Ms. Wyland explained that this covenant was added so that airplanes would not be stored outside for more than two (2) years. Council Member Kuether suggested that this covenant be tied to the purchase of the airplane rather than the construction of the hangar. She noted again that some buyers may not have airplanes. Ms. Wyland suggested that the covenant read, "property owners may be allowed two (2) years from the purchase of an airplane to construct a hangar". Council Member Kuether agreed. Council Member Neal asked if a street will be constructed from Sunset Road to Lake Drive. Mr. Powell explained that the line that Council Member Neal is referring to is an easement for a drainage ditch. Ms. Wyland explained that Thomas Street will never be extended to the west because of a large drainage ditch. Council Member Kuether moved to approve the preliminary plat with conditions outlined in the April 7, 1995 planning report which include the revised restrictive covenants, a revised plat indicating a north orientation with deed restrictions on lots east and west of the "abut" lot, and the construction of a temporary cul-de-sac at the north/west terminus of the first addition, with the revision of restrictive covenant No. 8 to read, "property owners may be allowed two (2) years from purchase of airplane to construct a hangar" and revision of restrictive covenant No. 11 beginning with "property owners" to read, "property owners may be allowed two (2) years from the purchase of an airplane to construct a hangar". Council Member Bergeson seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 07 - 95 Rezone from Rural (R) to Single Family Residential (R-1), Behm's Century Farms - Ms. Wyland explained that the City Council approved the FIRST READING of this ordinance at their April 24, 1995 meeting. The rezone pertains to Lots 10 through 16, Block 2 of the existing Lino Air Park North plat and is necessary to facilitate the development of Behm's Century Farms, first and second additions. Council Member Elliott moved to approve the SECOND READING of PAGE 7 BEHM'S CENTURY FARMS PROPOSED PDO PROTECTIVE COVENANTS PROTECTIVE COVENANTS IN CURRENT AIR PARK ASSOCIATION 1. Maximum 2 story buildings 2. Allows 1 attached accessory building 3. Allows 1 detached accessory building 4. Does not allow subdivision of lots 5. 1 story building must have 1300 sq. ft. 6. 1-1/2 and 2 story buildings must have 1000 sq. ft. on main floor 7. Limits building height to 10' for every 70' from runway centerline 8. No elevation fuel tanks are allowed 9. No temporary structures allowed 10. No engine testing allowed before 8:OOam and after 9:OOpm PROPOSED ADDITIONAL PROTECTIVE COVENANTS 1. Minimum home front setback of 30' and maximum front setback of 40' from street right-of-way line. 2. The following lots will share cross easement access to runway - 12 & 13, block 2 and 17, 18, 19, 20, block 3. Other lots will access directly to runway area - Shared access shall be grass covered. 3. All airplane hangars shall be located on the north 125 feet of each lot except Lot 20, Block 3, 2nd Addition, where wetlands may require hangar to be located on the north 1;55 feet with a minimum of 25 feet between house and hangar. 4. Airplane hangars must be architecturally compatible with homes in color and style, hangars may be metal sided. 5. All airplane hangars must have a 40' clear span door and a minimum building width of 46 feet. 6. Maximum hangar size is 2600 sq. ft. 7. Maximum hangar height would match existing hangar height, but not to exceed 22 feet. 8. No commercial use, including space rental, will be allowed in accessory building. tete--exeEueive-ase-ea€--t-he.-pfeperty.-owne -for._. 9. No fuel storage allowed other than that typical in other residential areas. 10. Aircraft not owned by resident shall not be parked on Tots for more than two weeks. 11. Only 3 planes per lot will be stored at one time. No permanent outdoor storage of airplanes or related equipment shall be allowed. Property owners may be allowed up to 2 years (24 months) from occupancy to construct a hangar. Outside storage may be allowed in the interim. 12. Each lot shall have a minimum of 70 percent green space. 13. Two architectural review committees will review plans. One for G.M. Development and one for the Airpark Association. 14. The front and side yards of all homes will be sodded. PLANNING & ZONING BOARD NOVEMBER 8, 1995 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES ................. ................ ................. DATE TIME STARTED TIME ENDED EMBERS PRESENT November 8, 9` 15 pm. Gelbmann,; Robinson, None Planning Coordinator Wyland, Planning +Consultant K anis, Economic Development Director Wessel, City EngineerAhrens. Herr, Johnson, Mesich, Schaps, Schones I. II. Iv. V. CALL TO ORDER AND ROLL CALL: APPROVAL OF MINUTES: Al Robinson made a MOTION to approve the minutes of the October 11, 1995 meeting as submitted and was supported by Ed Schones. Motion carried 5-0-2 (With Commissioners Herr and Mesich abstaining). APPROVAL OF AGENDA: No changes were made to the agenda. Chair Schaps noted for the audience that items D and E Public Hearings, will be opened and continued to the December meeting of the Planning and Zoning Board. OPEN MIRE: Chair Schaps declared the Open Mike portion of the meeting open at 6:35 p.m. Hearing no public comments at this time, Tom Mesich made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m. and was supported by Al Robinson. All voted aye. Motion carried. ACTION ITEMS: A. PUBLIC HEARING - ANIMAL ORDINANCE Chair Schaps Opened the Public Hearing at 6:37 p.m. Planning Coordinator Wyland indicated the Planning and Zoning Board briefly reviewed the Draft Animal Ordinance at their July meeting. Ms. Wyland introduced Officer Kenow to review the proposed animal ordinance. Officer Kenow reviewed the proposed ordinance versus the current ordinance indicating the differences and the updates. Officer Kenow reported the key differences between the proposed ordinance and the current ordinance are: PLANNING & ZONING BOARD NOVEMBER 8, 1995 1) Increase in limit of dogs per household. 2) Private kennels allowed in all zoning districts with a CUP on a one acre parcel. 3) Licensing of cats. 4) Feces disposal. 5) Clear definition and specific nuisance. 6) Dangerous dog/wild animal match state statute definition. Officer Kenow indicated the proposed ordinance was being presented to enable the citizens to generate their input and comments so the ordinance could be updated to fit Lino Lakes. Mr. Herr inquired if the definition of control indicated "and/or" voice. Officer Kenow indicated it would denote "or" voice control due to some trained animals that are able to be controlled by voice. Officer Kenow indicated it has been suggested perhaps licensing could be done at the same time that vaccinations are given. This would simplify the requirements. Officer Kenow also noted in regard to Wild Animals, ferrets are included. Officer Kenow indicated the requirements under the proposed ordinance would be in regard to an adult dog over six months old. Mr. Steve Andre, 494 Ash Street, presented the Planning and Zoning Board with a memo indicating his view of the proposed animal ordinance. Mr. Andre served on the neighborhood committee which reviewed the current ordinance. Mr. Andre suggested the following: 1) No change to the current ordinance regarding the maximum number of dogs allowed in Private Kennels ( 4 adult dogs maximum ). 2) No change to the current ordinance regarding zoning for Private or Commercial Kennels (no commercial Kennels in "R" and "R -X" zones). 3) No change in the current ordinances regarding minimum acreage requirements for Private Kennels (5 acre minimum). 4) No change to the current ordinance regarding the number of dogs allowed per household. (2 dog limit). 5) Change the proposed ordinance 502.5 Subdivision 5C(4) to: separate housing and runs for dogs shall be a minimum of 350 feet from the 2 PLANNING & ZONING BOARD NOVEMBER 8, 1995 neighboring habitable dwelling and a minimum of 50 feet from the property line. 6) Change the proposed ordinance 502.6 Subdivision 3a (1), (2), and (3) to: To bark, bay, howl, or make any loud noise; 1) between the hours of 8:00 p.m. and 8:00 a.m.; or 2) consistently for a period of five minutes or longer between the hours of 8:00 a.m. and 8:00 p.m. Mr. Andre indicated there had been only one call regarding cats in 1994 and only one thus far this year. Mr. Darrell Cooper, a dog business owner indicated there needs to be an updated ordinance. Mr. Cooper suggested mandatory education of the owners with licensing of animals. He felt this would decrease the amount of money the City spends controlling animals. Mr. Cooper also suggested the limit for dogs be three, not necessarily a two species limit such as two dogs, one cat per household. He noted there are many families who wish to breed or have hunting dogs that would be in violation if the two dog limit was upheld. Ms. Dorothy Perkins of 1245 Main Street, felt the proposed ordinance was good, but perhaps restricted the private owner too much and encouraged kennels more. Ms. Perkins also indicated she would not like the species restricted, she would prefer to have three cats than two and one dog. Mr. Donald Dunn, indicated the proposed ordinance should be reasonable, fair and enforceable. He felt the ordinance should address nuisance even more restrictively. He felt the non -animal owners should also be protected. Mr. Dunn felt the five acre limit for kennels is working and encouraged the Board to stay with this limit. Ms. Pam Lyons of 6339 Maple, indicated the City needs guidelines to help enforce the ordinance. She did not feel it was in the best interest of the City to reduce the acreage requirement for kennels. Mr. Mesich, who worked on the proposed ordinance, indicated the committee reviewed ordinances used in nearby communities and tried to draft an ordinance that would work for Lino Lakes and be somewhat consistent with the neighboring cities. 3 PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. John Sullivan indicated he has dogs for companionship and feels two is plenty. He felt commercial kennel requirements should apply for three dogs and up. Mr. Sullivan also felt it was a good idea to make education a requirement for licensing. Chair Schaps indicated it was his view that the draft was not ready for any action by the Board at this time. He suggested the Public Hearing be continued to the December worksession. Mr. Johnson indicated kennels should be identified as a separate structure and perhaps private kennels identified as a home occupation. Mr. Schones expressed concern that there would not be enough time to discuss the issue at the December worksession, he suggested a separate meeting. Chair Schaps indicated the Board will work with City staff and any interested resident at scheduling a meeting to review a proposed animal ordinance. Al Robinson made a MOTION to continue the Public Hearing regarding the Animal Ordinance until the December meeting of the Planning and Zoning Board and was supported by Bill Johnson. All voted in favor. Motion carried. Chair Schaps called a brief recess at 7:55 p.m. Chair Schaps reconvened the meeting at 8:05 p.m. B. PUBLIC HEARING - 95-29-C, Amended Conditional Use Permit, Teleport (Communication Compound) 6221 Holly Drive Planning Coordinator Wyland briefly presented a staff report regarding a request for an amended conditional use permit to install a 10 x 14 equipment shelter in their communication compound at 6331 Holly Drive. Ms. Wyland indicated two conditions: 1) All conditions contained in the original and subsequent conditional use permits be made part of this permit. 2) A building permit be issued prior to location of the structure on the site. Chair Schaps Opened the Public Hearing at 8:06 p.m. Mr. Bruce Hansen 6980 Lake Drive, inquired about the antennas, Ms. Wyland indicated the antennas are in place. 4 PLANNING & ZONING BOARD NOVEMBER 8, 1995 The applicant indicated their future plans only indicate antennas of five meters or less, the current antennas in place are 10 meters. Hearing no further comments, Al Robinson made a MOTION to Close the Public Hearing at 8:07 p.m. and was supported by Rick Gelbmann. All voted in favor. Motion carried. Mr. Mesich inquired if there are any concerns regarding noise. Ms. Wyland indicated the nearest neighbor would be approximately 700 feet away. Mr. Noren, the closest neighbor, indicated that Teleport has been a good neighbor and he has no concerns for the move. Ed Schones made a MOTION to approve application 95-29-C, Teleport (Communication Compound) Amended Conditional Use Permit with stated conditions and was supported by Al Robinson. All voted in favor. Motion carried. C. PUBLIC HEARING - 95-30-C, Amended Conditional Use Permit, Church of St. Joseph, 171 Elm Street Chair Schaps Opened the Public Hearing at 8:11 p.m. Planning Consultant Kirmis briefly reviewed the staff report regarding the request of St. Joseph Church for a conditional use permit amendment to allow a 35,000 square foot expansion to the existing church facility located east of Sunset Road between interstate 35W and Elm Street. Additionally, a variance from the City's accessory building ordinance to allow a structure larger than 1,100 square feet in an R-1 zoning district. Mr. Kirmis recommended approval of a conditional use permit amendment to allow the expansion of a church within an R-1 zone subject to the following conditions: a. The Anoka County Highway Department and City Engineer provide comment/recommendation in regard to the need for Elm Street improvements necessary to accommodate increased area traffic volumes. b. Consideration is given to the removal of the site's eastern most access point (east of the original church) to further limit access to a high volume roadway and rectify a jogged street intersection condition in the area. c. The site plan is modified to illustrate specific trash handling areas. All waste, refuse or garbage shall be kept in an enclosed building or container designed for such purposes. d. Consideration is given eliminating the row of parking stalls abutting Elm Street and devoting such area to green space. 5 PLANNING & ZONING BOARD NOVEMBER 8, 1995 e. The site plan is modified to illustrate exterior lighting locations. All lighting shall be hooded and directed so as not to infringe on neighboring residential uses and public rights-of-way. f. If any new signage is to be erected, a sign plan is submitted which specifies the location, type and size of all proposed signs. All site signage shall be required to comply with applicable provisions of the City Sign Ordinance. g. The submitted grading and drainage plan is subject to review and approval by the City Engineer. Such review should specifically address the need for drainage easement establishment over the site's ponding area. The applicant shall be required to demonstrate that the proposed development will have no wetland impact. h. The submitted utility plan is subject to review and approval by the City Engineer. Such review should specifically address details relating to septic system removal and well capping. i. The City Engineer and Anoka County Highway Department provide comment in regard to the proposed roadway easement acceptability. j The applicant demonstrate, through the submission of a building elevation(s) that the proposed accessory building complies with R-1 District height requirements (16 feet). k. The proposed accessory building is finished in materials judged by the City Building Inspector to be compatible with the site's principal structure. 1. Comments from other City staff. Mr. Kirmis also noted recommended approval of a variance to allow an accessory storage building within an R-1 zoning district to exceed 1,100 square feet in size subject to the following conditions: a. The City directed staff to pursue an ordinance amendment which addressed the greater accessory building needs of non-residential use (i.e. churches, parks, golf courses, schools, etc.) allowed in residential zoning districts. b. Comments of other City staff. Mr. Mesich expressed concern for allowing a variance, he inquired if the Board is required to establish all the six findings in regard to the variance approval. 6 PLANNING & ZONING BOARD NOVEMBER 8, 1995 Father LaVan, pastor of St. Joseph's, indicated the parish has grown to 1,700 families or approximately 5,000 members. He noted this plan has been on the table for the last 30 years. Chair Schaps inquired if the church would be looking for a new sign. Father LaVan indicated the current sign is more than adequate for their needs. Chair Schaps inquired if there were any concerns regarding the conditions set by staff. Father LaVan did not foresee any problems. Ms. Wyland noted that staff received a phone call from Mr. Larry Evans, a neighbor of St. Joseph's who expressed concern for the increase in traffic on Second Street. Mr. Clarence Schleicher, a member of the church board inquired if it would be permissible to use the well for watering of the grounds. Mr. Robinson noted the requirement for capping of the well would be only if the well is abandoned. Mr. Schleicher inquired as to the addition of green space mentioned by Mr. Kirmis. Mr. Kirmis noted this was only a suggestion if the church wished to reduce their parking. Mr. Robinson indicated this would be at the church's discretion. Mr. Mesich inquired if there were any concerns regarding setbacks. Mr. Kirmis indicated the church meets all setback requirements. Mr. Greg Peterson, architect, showed the Board a model of the project. He also indicated the trash would be screened by a masonry wall. Mr. Schaps inquired if there would be any concerns regarding the set conditions. Mr. Kopischke of Westwood Professionals, indicated they would be reducing the number of accesses from four to three and they do not anticipate any traffic problems. He noted there are no wetlands identified. If there were any concerns, they would be only minor questions that could be worked out with staff. Hearing no further public comments, Al Robinson made a MOTION to Close the Public Hearing at 8:35 p.m. and was supported by Ed Schones. All voted in favor. Motion carried. Mr. Mesich noted it appeared that there was a trail located along the easement. Ms. Wyland indicated that was correct, there would be a trail along Elm. 7 PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. Robinson expressed concern for eliminating access noted in condition "b". He felt this was a well used access during funerals. Mr. Kirmis noted staff felt it was an opportunity to eliminate an access onto a collector street. He noted again this was not a requirement, but a suggestion from staff. Mr. Mesich expressed concern for granting a variance without establishing all six findings of fact. Chair Schaps felt it was not a reasonable use of the property, without the ability to house their maintenance equipment. Mr. Mesich indicated that would be correct, but it was created by the owner of the land. Mr. Johnson felt since this was a church, the condition would be unique to this property. Chair Schaps felt it was not necessary for the Board to establish all six findings of fact. He felt it would be in keeping with the intent of the ordinance in granting the variance for the church in this case. Al Robinson made a MOTION to approve application 95-30-C, Church of St. Joseph, 171 Elm Street, Amended Conditional Use Permit with stated conditions a, c, and e through i as stated by staff and was supported by Guy Herr. All voted in favor. Motion carried. Guy Herr made a MOTION to approve application for Variance, allowing an accessory storage building within an R-1 zoning district to exceed 1,100 square feet in size subject to the stated conditions and was supported by Al Robinson. All voted in favor. Motion carried. D. PUBLIC HEARING - 95-31-Z, Rezoning, Esther Wenzel Noren, South of Aqua Lane, West of County Park, Rezone form GB to R3. Mr. Kirmis presented the staff report outlining the request to rezone +/- 7.0 acres of a 15 acre tract of land located south of Aqua Lane and east of Lake Drive from GB, General Business to R-3, Medium Density Residential. Chair Schaps momentarily relinquished the chair to Vice Chair Robinson at 8:50 p.m. Mr. Kirmis indicated City policy tends to discourage the proposed use. He would recommend this issue be tabled until the December meeting. Vice Chair Robinson relinquished the chair to Chair Schaps at 8:55 p.m. Chair Schaps Opened the Public Hearing at 8:56 p.m. 8 PLANNING & ZONING BOARD NOVEMBER 8, 1995 Mr. Kirk Corsan, representing the applicant indicated the applicant feels the proposed use would be a better use of the property and a good transition for the nearby area. Mr. Wessel expressed concern for rezoning and requested an opportunity for the Economic Development Advisory Board to review and forward comments to the Planning and Zoning Board. Mr. J.P. Houchins, member of the 20/20 Vision Community Group indicated the rezoning would reflect the opposite of the recommendations of the 20/20 Group. He expressed concern for the additional multiple family development. Ms. Wyland indicated she had received a phone call from the owner of land which Bastines leases who is opposed to the rezoning of this property. She also received a phone call from a resident on Lake Drive opposed to the rezoning. Al Robinson made a MOTION to continue the Public Hearing for application 95-31-Z, Rezoning, Esther Wenzel Noren, South of Aqua Lane, West of County Park, Rezone from GB to R3 until the December meeting and was supported by Tom Mesich. All voted in favor. Motion carried. E. PUBLIC HEARING - Metal Building Ordinance Economic Development Director Wessel requested that this item be tabled until further information could be provided to the Planning and Zoning Board. Chair Schaps Opened the Public Hearing at 9:05 p.m. Bill Johnson made a MOTION to continue the Public Hearing for Metal Building Ordinance until the December meeting and was supported by Rick Gelbmann. All voted in favor. Motion carried. F. 95-32-P, UDOR USA, 500 Apollo Drive, Minor Subdivision Planning Coordinator Wyland presented a staff report outlining the request for a minor subdivision. Ms. Wyland indicated staff would recommend approval of this minor subdivision with the condition that five feet be added to the existing 10 foot drainage and utility easement provided along the entire length of this 10 foot strip of property. Ed Schones made a MOTION to approve application 95-32-P, UDOR USA, 500 Apollo Drive, Minor Subdivision with the 9 PLANNING & ZONING BOARD NOVEMBER 8, 1995 stated condition and was supported by Tom Mesich. All voted in favor. Motion carried. G. 95-33-P, Fogerty/Custom Remodelers, 475 Apollo Drive, Minor Subdivision Planning Coordinator Wyland presented a staff report indicating the request of Fogerty Investment and Custom Remodelers for a minor subdivision to create a three acre parcel in the Apollo Business Park to allow the construction of an office/warehousing building. Ms. Wyland indicated staff recommends approval of the minor subdivision with a 5' utility and drainage easements on the side property lines. Al Robinson made a MOTION to approve application 95-33-P, Fogerty/Custom Remodelers, 475 Apollo drive, Minor Subdivision with the stated condition and was supported by Tom Mesich. All voted in favor. Motion carried. VI. DISCUSSION: Ms. Wyland indicated the Board received a letter from Ms. Janice Stemig that the 20/20 Advisory Group will have another meeting on November 20th if any of the Commissioners are interested in attending. The letter also provided an explanation for the concerns expressed by Mr. Schones at the previous P & Z meeting. VII. ADJOURNMENT: Tom Mesich made a MOTION to adjourn the meeting at 9:15 p.m. and was supported by Guy Herr. All voted in favor. Motion carried. 10 AGENDA ITEM 9A STAFF ORIGINATOR: David Ahrens, Public Works Director DATE: November 21, 1995 TOPIC: Accept Bids and Authorize Purchase of Backhoe BACKGROUND: The City's maintenance department over the past few years has been renting a backhoe during the summer months to assist in various maintenance efforts throughout the City. The use of the backhoe has increased to the point where it is used year-round. Rather than continuing with the rental of a backhoe, the Public Works Department advertised for bids for the purchase of a backhoe. The bids were opened on October 23, 1995, with the following results: Midwest Machinery, Inc. (John Deere) $47,293.46 St. Joseph Equipment Co. (Case) $64,190.80 The option to rent -to -own was also considered. Over a five year period, it would cost the City an additional $7,000 over the low bid amount noted above. Maintenance costs are the same between the rent -to -own option and the purchase option. Due to this extra cost, the rent -to -own option is not recommended. The backhoe is proposed to be funded according to the following schedule: Street Department (33%) Utilities Fund (33%) Surface Water Management (33%) TOTAL OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 95-151 accepting th purchase of a backhoe. RECOMMENDATION: Staff recommends option 2. $ 15,764.49 $ 15,764.49 $ 15, 764.48 $47,293.46 e bids and authorizing the Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 95-151 RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF A BACKHOE WHEREAS: pursuant to an advertisement for bids for a backhoe, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Midwest Machinery, Inc. St. Joseph Equipment Co. $47,293.46 $64,190.80 AND WHEREAS: it appears that Midwest Machinery, Inc. is the lowest responsible bidder capable of providing the backhoe and responsive to the request for bids, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Hereby authorize the purchase of a backhoe from Midwest Machinery, Inc., in the amount of $47,293.46. Adopted by the City of Lino Lakes City Council this 27th day of November, 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. AGENDA ITEM 9-B STAFF ORIGINATOR John Powell. TKDA DATE November 22. 1995 TOPIC BACKGROUND: Resolution No. 95-158 Approving the Final Payments for Apollo Drive Phase I and Phase It Improvements The construction activity on these projects has now been completed. The final payment by the City will initiate the contractors one-year warranty period. Although these projects were completed by separate contractors, Arcon Construction Company for Phase 1 and C. W. Houle, Inc. for Phase II, the final payments are being processed at the same time for administrative ease. The Final Payments will not be released to the contractors until they have completed their final submittals as per contract requirements. OPTIONS: 1. Approve Resolution No. 95-158. . Return the matter to staff for further review. RECOMMENDATION: Option No. 1 - Approve Resolution No. 95-158 Approving Final Payments for Apollo Drive Phase I and Phase 11 Improvements. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-158 RESOLUTION APPROVING FINAL PAYMENT FOR THE APOLLO DRIVE PHASE I AND PHASE II IMPROVEMENTS. WHEREAS, construction of the Apollo Drive Improvements have been completed by Arcon Construction Company, Inc. and, WHEREAS, construction of the Apollo Drive Improvements - Phase II have been completed by C. W. Houle, Inc., AND WHEREAS, the one-year warranty periods for these projects will begin with the final payment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Final Payment is hereby approved for the Apollo Drive Phase I and Phase II Improvements. Adopted by the City Council this 27th day of November, 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 TKDA TOLTZ. KING. DUVALL. ANDERSON ANO ASSOCIATES. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFfRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 651012140 612/292-4400 fAX: 612/292-0083 Comm. No. 10071-05 Cert. No. 13 (Final) St. Paul, MN November 22 19 95 To City of Lino Lakes, Minnesota Owner This Certifies that Arcon Construction Company, Inc. , Contractor For Apollo Drive Improvements Is entitled to One Hundred Eighteen Thousand Four Hundred Fifty-three & 32/00 ($118,453.32 i 13th being (Final)estimate for partial payment on contract with you dated September 3 , 19 92 Received payment in full of above Certificate. TOLTZ, KING, DUVALL, ANDERSON ANO ASSOCIATES, INC. ENGINEERS - ARCHITECTS • PLANNERS ‘t1L.A/ CONTRACTOR John . . Powe 1, P.E. 19 , A A ii/v1/ , 1* RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 1,194,046 31 All previous payments 1,258,135 52 All previous credits Extra No_ Change Order No. 1 48,612 48 Extra No. Change Order No. 2 3,925 00 Extra No. Change Order No. 3 (Compensating) 130,005 05 Extra No. Extra No. Credit No. Credit No. Credit No. Credit No. Credit No. AMOUNT OF THIS CERTIFICATE 118,453 32 Totals 1,376,588 84 1,376,588 84 Credit Balance There will remain unpaid on contract after payment of this Certificate 0 00 —_ 1,376,588 84 1,376,588 84 PAY ESTIMATE NO. 13 (FINAL) APOLLO DRIVE IMPROVEMENTS LINO LAKES, MINNESOTA COMMISSION NO. 10071-05 ITEM NO. DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2021.501 2031.501 2101.502 2101.507 2104.505 2105.501 2105.507 2105.511 2105.521 2211.501 2331.508 2331.510 2331.514 2357.505 2531.501 2575.501 2575.502 SPECIAL SPECIAL 2573.502 SPECIAL 1 2104.501 2 2104.509 3 2503.541 4 2503.541 5 2503.541 6 2503.541 7 2503.541 8 2503.541 9 2503.541 10 2503.541 11 2503.541 12 2503.541 13 2503.541 14 2503.541 15 2503.521 16 2503.573 17 2503.573 18 2503.573 19 2503.573 20 2503.573 21 2503.573 22 2501.525 23 2506.509 24 2506.509 MOBILIZATION FIELD OFFICE TYPE A CLEARING GRUBBING REM/DISP EX BIT PAVEMENT COMMON EXCAVATION SUBGRADE EXCAVATION COMMON CHANNEL EXCAVATION GRANULAR BORROW (CV) AGGREGATE BASE CLASS 5 PLACED BIT SPEAR COURSE 2331 TYPE 41 BIT BINDER COURSE 2331 TYPE 31 BIT BASE COURSE 2331 TYPE 31 BIT MATERIAL FOR TACK COAT CONCRETE CURB & GUTTER B618 ROADSIDE SEEDING SEED MIXTURE NO. 900 PAVEMENT MARKINGS, STRIPING TRAFFIC CONTROL SILT FENCE LANDSCAPING REM/DISP EX SEWER PIPE REM/DISP EX 72" PIPE INCL HDWLS 12" RCP CL 5 ST SEW DES 3006 15" RCP CL 5 ST SEW DES 3006 18" RCP CL 5 ST SEW DES 3006 21" RCP CL 3 ST SEW DES 3006 21" RCP CL 4 ST SEW DES 3006 24" RCP CL 3 ST SEW DES 3006 24" RCP CL 4 ST SEW DES 3006 27" RCP CL 3 ST SEW DES 3006 36" RCP CL 4 ST SEW DES 3006 48" RCP CL 3 ST SEW DES 3006 72" RCP CL 3 ST SEW DES 3006 84" RCP CL 3 ST SEW DES 3006 26-5/8" X 43-3/4" RC ARCH CL 3 INST 15" RCP FES W/TG INST 24" RCP FES W/TG INST 27" RCP FES W/TG INST 48" RCP FES W/TG INST 72" RCP FES W/TG INST 84" RCP FES W/TG INST 26-5/8" X 43-3/4" RCP FES CONST CONE TYPE CATCH BASIN CONST CONE TYPE CB/MH CONTRACT UNIT QUANTITY UNIT PRICE QUANTITY TOTAL TO DATE LS 1.00 $15,000.00 1.00 LS 1.00 $3,500.00 1.00 AC 2.48 $1,600.00 5.15 AC 2.48 $1,600.00 5.15 SY 220.00 $2.00 2117.00 CY 3340.00 $2.50 3199.00 CY 2300.00 $2.50 840.90 CY 21767.00 $2.50 27489.00 CY 39000.00 $5.00 48420.00 TN 14248.00 $4.95 15814.00 TN 3503.00 $17.78 3640.81 TN 3538.00 $17.11 3258.00 TN 11457.00 $17.11 10551.00 GA 3759.00 $1.10 1855.00 LF 13790.00 $4.85 13981.00 AC 13.06 $400.00 17.75 LB 588.00 $2.00 799.00 LS 1.00 $2,384.00 0.00 LS 1.00 $500.00 1.00 LF 13900.00 $1.50 11000.00 LS 1.00 $22,548.00 1.00 LF 40.00 $8.00 40.00 EA 1.00 $500.00 1.00 LF 968.00 $17.13 1814.00 LF 2247.00 $16.30 2368.00 LF 623.00 $17.85 625.00 LF 1123.00 $19.70 1111.00 LF 513.00 $19.70 605.00 LF 106.00 $23.23 157.00 LF 34.00 $25.43 0.00 LF 102.00 $28.53 106.00 LF 50.00 $52.26 50.00 LF 140.00 $70.06 132.00 LF 24.00 $151.08 24.00 LF 144.00 $229.43 160.00 LF 94.00 $70.72 110.00 EA 5.00 $542.50 5.00 EA 5.00 $697.50 5.00 EA 1.00 $848.75 1.00 EA 1.00 $1,532.50 1.00 EA 2.00 $3,060.00 2.00 EA 2.00 $4,735.00 2.00 W/TG EA 2.00 $1,380.00 2.00 EA 14.00 $927.50 24.00 EA 25.00 $927.50 35.00 AMOUNT $15,000.00 $3,500.00 $8,240.00 $8,240.00 $4,234.00 $7,997.50 $2,102.25 $68,722.50 $242,100.00 $78,279.30 $64,733.60 $55,744.38 $180,527.61 $2,040.50 $67,807.85 $7,100.00 $1,598.00 $0.00 $500.00 $16,500.00 $22,548.00 $857,515.49 $320.00 $500.00 $31,073.82 $38,598,40 $11,156.25 $21,886.70 $11,918.50 $3,647.11 $0.00 $3,024.18 $2,613.00 $9,247.92 $3,625.92 $36,708.80 $7,779.20 $2,712.50 $3,487.50 $848.75 $1,532.50 $6,120.00 $9,470.00 $2,760.00 $22,260.00 $32,462.50 25 2506.508 26 2506.508 27 2506.509 28 2506.508 29 2506.509 30 2511.501 31 2511.501 CONST 4' DIA SHALLOW ST MH CONST 5' DIA SHALLOW ST MH CONST 5' DIA SHALLOW ST CB/MH CONST 6' DIA SHALLOW ST MH CONST 6' DIA SHALLOW ST CB/MH RANDOM RIPRAP CL II INCL FF RANDOM RIPRAP CL III INCL FF 1 REMOVE EX SANITARY SEWER 2 CONN TO EX SANITARY SEWER DROP 3 CONN TO EX MANHOLE 4 CONN TO EX SEWER SERVICE 5 8" PVC SDR 35 SAN SEW 14-16' 6 8" PVC SDR 35 SAN SEW 16-18' 7 8" DIP CL 50 SAN SEW 16-18' 8 21" PVC SDR 35 SAN SEW 20-22' 9 24" PVC SDR 35 SAN SEW 16-18' 10 STD 4' DIA MANHOLE 11 EXTRA DEPTH MH OVER 10' 12 4" X 8" PVC SDR 35 WYES 13 4" PVC SDR 35 SERVICE PIPE 14 4" PVC SDR 35 CLEANOUT 15 SALV/REINST EX CLEANOUTS 16 REMOVE UNSTABLE BACKFILL 17 DEWATERING 18 GRANULAR BORROW (LV) 19 TELEVISING SAN SEWER 20 ADJUST EXISTING MANHOLE 1 2 3 4 5 6 7 8 9 CONN TO EXIST WATERMAIN 6" DIP CL 50 WATERMAIN 12" DIP CL 50 WATERMAIN 6" MJ GATE VALVE 12" MJ BUTTERFLY VALVE 6" MJ HUB HYDRANT 12" HYDRANT EXTENSION 1" TYPE K COPPER SERV 1" CORP STOP W/SADDLES 10 1" CURB STOP W/BOX 11 1" CURB STOP W/SALV BOX 12 MJCIP FITTINGS 13 CONN TO EX CURB STOP 14 ADJUST EXISTING GATE VALVE EA 1.00 $927.50 1.00 EA 1.00 $1,470.00 0.00 EA 1.00 $1,470.00 2.00 EA 1.00 $1,865.00 1.00 EA 1.00 $1,865.00 1.00 CY 60.50 $40.75 36.50 CY 240.00 $40.75 224.80 LF 20.00 $8.00 20.00 EA 1.00 $375.00 1.00 EA 1.00 $375.00 2.00 EA 16.00 $250.00 18.00 LF 315.00 $19.47 1034.00 LF 216.00 $19.47 296.00 LF 20.00 $24.87 60.00 LF 418.00 $46.72 423.00 LF 75.00 $148.27 75.00 EA 4.00 $1,300.00 6.00 LF 31.70 $58.50 31.80 EA 6.00 $37.50 6.00 LF 645.00 $10.18 1112.00 EA 4.00 $72.50 0.00 EA 16.00 $72.50 2.00 CY 1430.00 $1.50 0.00 LS 1.00 $35,000.00 1.00 CY 1871.00 $5.00 0.00 LS 1.00 $750.00 1.00 EA 3.00 $450.00 8.00 PPLiPPPLIPPPP4r4P 2.00 $250.00 2.00 835.00 $11.55 1642.00 430.00 $20.80 418.00 3.00 $400.00 8.00 1.00 $755.00 0.00 5.00 $1,060.00 7.00 3.00 $252.50 0.00 565.00 $11.78 1299.00 6.00 $38.50 7.00 6.00 $70.00 7.00 16.00 $37.50 18.00 1715.00 $1.17 2765.00 16.00 $25.00 18.00 4.00 $145.00 4.00 $927.50 $0.00 $2,940.00 $1,865.00 $1,865.00 $1,487.38 $9,160.60 $281,999.02 $160.00 $375.00 $750.00 $4,500.00 $20,131.98 $5,763.12 $1,492.20 $19,762.56 $11,120.25 $7,800.00 $1,860.30 $225.00 $11,320.16 $0.00 $145.00 $0.00 $35,000.00 $0.00 $750.00 $3,600.00 124755.57 $500.00 $18,965.10 $8,694.40 $3,200.00 $0.00 $7,420.00 $0.00 $15,302.22 $269.50 $490.00 $675.00 $3,235.05 $450.00 $580.00 $59,781.27 $1,324,051.36 TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFfRAY PLAZA 444 CEOAR STREET SAINT PAUL, MN 65101 -2140 612/292-4400 FAX: 6121292-0083 Comm. No. 10300 Cert. No. 8 (Final) St. Paul, MN November 22 , 19 95 To City of Lino Lakes, Minnesota Owner This Certifies that C. W. Houle, Inc. , Contractor For Apollo Drive - Phase 2 Improvements Is entitled to being (Final) estimate for partial payment on contract with you dated Seventy-nine Thousand Four Hundred Twenty-nine and 37/100----($79,429.37 Received payment in full of above Certificate. July 26 , 19 93 1 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC. ENGINEERS • ARCHITECTS • PLANNERS CONTRACTOR John M,/Powell, P.E. 19 _OU tAt V)/ 19� RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 574,038 45 All previous payments 563,658 96 All previous credits Extra No. Change Order No. 1 + 81,158 95 Extra No. Change Order No. 2 + 6, 744 61 Extra No. Change Order No. 3 - 18,853 68 Extra No. Extra No. Credit No. Credit No. Credit No. Credit No. _ Credit No. AMOUNT OF THIS CERTIFICATE 79,429 37 Totals 643,088 33 643,088 33 Credit Balance There will remain unpaid on contract after payment of this Certificate 0 00 643,088 33 643,088 33 ESTIMATE NO. 8 (FINAL) APOLLO DRIVE PHASE 2 IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 10300 ITEM NO. DESCRIPTION 01 CONN TO EXIST SANITARY SEWER 02 21" PVC SDR 35 SS 16-18' 03 21" PVC SDR 35 SS 18-20' 04 21" PVC SDR 35 SS 20-22' 05 21" PVC SDR 35 SS 22-24' 06 21" PVC SDR 35 SS THRU CASING 07 CONST STD 4' DIA MANHOLE 08 EXTRA DEPTH OF 4' DIA MANHOLE 09 4" ON 21" PVC SDR 35 WYE BRAN 10 6" ON 21" PVC SDR 35 WYE BRAN 11 4" PVC SDR 26 SERVICE PIPE 12 6" PVC SDR 26 SERVICE PIPE 13 30" DIA CASING PIPE FOR SAN 14 TELEVISE SAN SEWER MAINS 15 DEWATERING 01 CONN TO EXISTING WATERMAIN 02 6" DIP CLASS 50 WATERMAIN 03 12" DIP CLASS 50 WATERMAIN 04 12" DIP CL 50 WM THRU CASING 05 6" MJ RES SEAT GATE VALVE 06 12" MJ RES SEAT BUTTERFLY VLV 07 6" MJ HUB HYDRANT 9'-0" BURY 08 12" HYDRANT EXTENSION 09 1" TYPE K COPPER TAP SERVICE 10 1" CORPORATION STOP 11 1" CURB STOP WITH CURB BOX 12 MJ DIP FITTINGS 13 24" DIA CASING PIPE FOR WM 01 REM/DISP EX CB/18" STORM PIPE 02 REM/DISP EX 15" STORM PIPE 03 12" RCP CLASS 5 STORM SEWER 04 15" RCP CLASS 5 STORM SEWER 05 18" RCP CLASS 5 STORM SEWER 06 21" RCP CLASS 4 STORM SEWER 07 24" RCP CLASS 4 STORM SEWER 08 27" RCP CLASS 4 STORM SEWER 09 30" RCP CLASS 4 STORM SEWER 10 36" RCP CLASS 4 STORM SEWER 11 15" CMP CULVERT 12 66" CMP CULVERT 13 15" RC FLARED END SECTION 14 18" RC FLARED END SECTION CONTRACT QUANTITY QUANTITY UNIT TO DATE UNIT PRICE 1.00 449.00 654.00 242.00 701.00 100.00 8.00 93.10 3.00 13.00 190.00 820.00 100.00 2146.00 1.00 EA LF LF LF LF LF EA LF EA EA LF LF LF LF LS 1.00 522.00 344.00 535.00 643.00 95.00 7.00 79.80 3.00 13.00 225.00 802.00 95.00 2100.00 1.00 1.00 EA 1.00 865.00 LF 809.00 2082.00 LF 2067.00 65.00 LF 65.00 19.00 EA 19.00 3.00 EA 3.00 6.00 EA 6.00 3.00 EA 0.00 170.00 LF 136.00 3.00 EA 3.00 3.00 EA 3.00 3057.00 LB 2860.00 65.00 LF 65.00 1.00 1.00 56.00 88.00 160.00 26.00 473.00 698.00 295.00 477.00 58.00 80.00 1.00 2.00 LS LS LF LF LF LF LF LF LF LF LF LF EA EA AMOUNT TO DATE $1,600.00 $29.00 $31.00 $33.00 $33.00 $21.00 $1,415.00 $60.00 $340.00 $360.00 $9.25 $10.10 $183.00 $0.45 $35,300.00 $550.00 $11.00 $16.75 $27.00 $350.00 $1,020.00 $975.00 $215.00 $10.00 $35.00 $80.00 $1.70 $105.00 1.00 $450.00 1.00 $650.00 56.00 $15.75 90.00 $16.50 161.00 $18.00 26.00 $21.00 431.00 $23.50 699.00 $30.50 295.00 $34.50 477.00 $47.50 82.00 $16.00 80.00 $70.00 1.00 $540.00 2.00 $575.00 $1,600.00 $15,138.00 $10,664.00 $17,655.00 $21,219.00 $1,995.00 $9,905.00 $4,788.00 $1,020.00 $4,680.00 $2,081.25 $8,100.20 $17,385.00 $945.00 $35,300.00 $152,475.45 $550.00 $8,899.00 $34,622.25 $1,755.00 $6,650.00 $3,060.00 $5,850.00 $0.00 $1,360.00 $105.00 $240.00 $4,862.00 $6,825.00 $74,778.25 $450.00 $650.00 $882.00 $1,485.00 $2,898.00 $546.00 $10,128.50 $21,319.50 $10,177.50 $22,657.50 $1,312.00 $5,600.00 $540.00 $1,150.00 15 66" CMP APRON 16 CONN TO EXISTING STORM SEWER 17 CONST STD 4' DIA CATCH BASIN 18 CONST STD 5' DIA CATCH BASIN 19 CONST STD 6' DIA CATCH BASIN 20 CONST STD 6.5' DIA CATCH BASIN 21 CLASS II HAND PL GR RIP RAP 22 SILT FENCE 01 MOBILIZATION 02 FIELD OFFICE TYPE D 03 CLEARING 04 GRUBBING 05 REM/DISP EXIST BIT PAVEMENT 06 COMMON EXCAVATION 07 SUBGRADE PREPARATION 08 GRANULAR BORROW (LV) 09 TOPSOIL BORROW (LV) 10 AGGREGATE BASE CLASS 5 11 BIT WEAR COURSE MIX 2331 T41 12 BIT BINDER COURSE MIX 2331 T31 13 BIT BASE COURSE MIX 2331 T31 14 CRS -1 BIT MATERIAL FOR TACK 15 B618 CONCRETE CURB & GUTTER 16 ROADSIDE SEEDING COMPLETE 17 SODDING 18 PAVEMENT MARKINGS, STRIPING 19 TRAFFIC CONTROL 1.00 EA 1.00 $1,500.00 1.00 EA 1.00 $675.00 9.00 EA 9.00 $870.00 2.00 EA 2.00 $1,300.00 1.00 EA 1.00 $1,650.00 1.00 EA 1.00 $2,000.00 1.60 CY 18.00 $56.00 5180.00 LF 4300.00 $1.40 1.00 LS 1.00 1.00 LS 1.00 0.25 AC 0.25 0.25 AC 0.25 725.00 SY 946.00 8525.00 CY 8250.00 25.90 RS 25.90 4420.00 CY 0.00 375.00 CY 5.00 5250.00 TN 4879.00 1285.00 TN 1985.00 1370.00 TN 1355.00 3870.00 TN 3523.00 1410.00 GA 1640.00 4910.00 LF 4973.00 3.60 AC 3.50 3340.00 SY 4847.00 1.00 LS 0.00 1.00 LS 1.00 $2,600.00 $3,300.00 $2,600.00 $3,100.00 $1.10 $1.29 $150.00 $4.15 $5.90 $5.78 $21.30 $19.00 $19.00 $1.20 $4.80 $790.00 $1.60 $1,550.00 $2,000.00 $1,500.00 $675.00 $7,830.00 $2,600.00 $1,650.00 $2,000.00 $1,008.00 $6,020.00 $103,079.00 $2,600.00 $3,300.00 $650.00 $775.00 $1,040.60 $10,642.50 $3,885.00 $0.00 $29.50 $28,200.62 $42,280.50 $25,745.00 $66,937.00 $1,968.00 $23,870.40 $2,765.00 $7,755.20 $0.00 $2,000.00 $224,444.32 $554,777.02 AGENDA ITEM 9C STAFF ORIGINATOR: David Ahrens, Public Works Director DATE: 11 /22195 TOPIC: Receive Feasibility Report - 12th Avenue and Holly Drive Improvements BACKGROUND: The Lino Lakes City Council ordered the preparation of a feasibility report for 12th Avenue and Holly Drive improvements on April 24, 1995. The report has been completed by the City's engineering consultant. In accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by council and a public hearing scheduled. The public hearing is scheduled for the January 22, 1996, council meeting. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 95-159 receiving the feasibility report and calling a public hearing for 12th Avenue and Holly Drive Improvements. RECOMMENDATION: Staff recommends to Council to adopt Resolution Number 95-159. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-159 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT. WHEREAS, pursuant to resolution of the Council adopted April 24, 1995, a report has been prepared by SEH, Inc., with reference to the improvement of 12th Avenue and Holly Drive between Ash Street and Birch Street by reconstructing streets and installing curb and gutter, and this report was received by the council on November 27, 1995, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $1,952,800. 2. A public hearing shall be held on such proposed improvement on the 22nd day of January, 1996, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 27th day of November, 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. AGENDA ITEM 9D STAFF ORIGINATOR: David Ahrens, Public Works Director DATE:11/22/95 TOPIC: Receive Street Maintenance Guidelines BACKGROUND: The Charter Commission has requested that staff address street maintenance issues as a result of the Charter Amendment being voted down at the election on November 7, 1995. The attached sheet outlines maintenance efforts that are typically done throughout the year and prioritize road patching. Typical street maintenance measures include: 1. Sweep streets to remove sand and other debris (once in the spring and summer and periodically throughout the summer) 2. Repair snow plow damage to yards 3. Crack filling 4. Seal coat roads 5. Install wear course in new developments 6. Patch roads a) First priority will be given to roadways constructed to City standards (post -1986) b) Non-structural road failures such as block cracking, washboarding, abrasion will be corrected with proper maintenance measure c) Roadways in areas that likely will not be developed within 5 to 10 years will receive proper maintenance measures as determined by P.W. Supt. This includes the correction of subgrade failures (removal of asphalt and subgrade and replacement with new hot mix). Roadways in areas that likely will be developed within 5 to 10 years will receive proper maintenance measures as determined by P.W. Supt. excluding the correction of subgrade failures. Street Maintenance Guidelines Page 2 The above outline describes typical maintenance of the City's roads throughout the year and can vary depending on special circumstances. OPTIONS: 1. Return to staff for further review 2. Adopt the following proposed motion: to receive the Street Maintenance Guidelines. RECOMMENDATION: Staff recommends option 2 GUIDELINES FOR STREET MAINTENANCE The following guidleines are to be used in the annual maintenance of roads thoughout the City of Lino Lakes. These guidelines are subject to the discretion of the Public Works Director and, due to special circumstances, can vary. 1. Sweep all roads a) Immediately as weather allows (April - May), the City's streets are to be swept b) Perform periodic summer sweeping c) Conduct street sweeping in the fall prior to freezing (September - October) 2. Repair snow plow damage a) Repair sod damage from preceding snow season 3. Crak filling a) Clean and fill cracks on all City streets i) Priority given to new streets constructed to City standard 4. Seal Coat Program a) Seal coat streets throughout City - by Contract i) Two to three years after wear course is installed in new developments ii) As -needed - based on condition of street iii) Follow an approximately 7 year cycle for seal coating 5. Install wear course in new developments - by Contract a) Install wear course in new developments upon 80% build -out b) Repair catch basins and culverts 6. Patch roads a) Maintain roads based on the following priority: i) First priority will be given to roadways constructed to City standards (post - 1986) ii) Non-structural road failures will be corrected with proper maintenance measure iii) Roadways in areas that likely will not be developed within 5 to 10 years will receive proper maintenance measures as determined by P.W. Supt. This includes the correction of subgrade failures (removal of asphalt and subgrade and replacement with new hot mix). iv) Roadways in areas that likely will be developed within 5 to 10 years will receive proper maintenance measures as determined by P.W. Supt. exluding the correction of subgrade failures. DEFINITIONS Reconstruction/Improvement - this work includes the removal of pavement and subgrade, as necessary, to construct a roadway to current City standards. This work generally includes full - width work for a significant length of roadway. Work could include installation of curb and gutter and subsurface drains. Maintenance - this work includes the removal of pavement and subgrade to repair deteriorated sections of roadway. This work is done on limited area. AGENDA ITER N0. 10 STAFF ORIGINATOR: Marty Asleson DATE: October 26, 1995 TOPIC: Trails Committee BACKGROUND Much discussion concerning the planning, maintenance, development, safety; and funding of trails has transpired over the last few years. and with added resolve from the 20/20 Vision Focus it was decided at the last Park Board meeting to investigate the formation of a Trails Committee. I was directed to make a recommendation on this. Please find enclosed copies of the City of Shorview's Resolution forming a Trails Committee, and The City of Vadnais Heights Ordinance, establishing a Trails Commission. Both groups are charged with making recommendations concerning trails. Please notice a couple of differences. Shorview has 11 members on their committee, and meets once a month, and Vadnais Heights meets on a quarterly minimum schedule with 5 members. Shorview indicated that meeting once a month was too much,, they simply ran out of agenda items after a while. Vadnais Heights had 5 members with city staff members acting as liaisons and representing the Planning, Park and Public Safety aspects of trails. Shorview, indicated that it became very difficult to create liaisons to each other committee from existing committee members because after a while liaisons simply didn't show up for lengthy periods of time. They are now reevaluating this process. OPTIONS 1. Establish a committee of 5 members with staff liaisons to meet on a quarterly basis, unless otherwise needed basis. 2. Some other combination. 3. Refer back to staff for further consideration. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 — 160 A RESOLUTION ESTABLISHING A TRAIL COMMITTEE FOR THE CITY OF LINO LAKES THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY RESOLVES to establish a Trails Committee whose functions shall be to identify and plan recreation and transportation trails throughout the City. 1. The Committee shall consist of five (5) members appointed by the City Council for three-year terms on a calendar basis except that the Council may select members for a one or two-year term on an initial basis in order to stagger the terms of the members. The members of the Committee shall serve without compensation and may be removed from office at any time by the Council. One member of this Committee shall be from the Park and Recreation Board and shall be a voting member. 2. There shall also be appointed by the Council two alternates who may attend and take part in the Committee meetings but shall have no vote, provided that if one or more regular members is absent from any meeting, then an alternate, in order of seniority if more than one, may sit with all the privileges of a member for that meeting only. Upon any vacancy of a regular member, the senior alternate shall automatically become a member of the Committee. 3. The Committee shall establish its own meeting dates, but shall meet at least four (4) times a year. 4. The Committee may adopt its own rules and procedure. These rules may include establishing a chairperson and other officers of the Committee, methods of calling meetings, conduct of hearings, methods of voting, and maintaining Committee records. 5. The Committee shall send to the Park, Recreation and Environmental Board a copy of the minutes of each meeting and in December of each year, tender an annual report of its activities and any recommendations to the City Council. 6. The Trail Committee shall establish close coordination and cooperation with the Departments of Public Safety and Engineering. For that matter one representative RESOLUTION NO. 95 - 160 Page -2- from each of these departments will attend the meetings. Adopted by the City Council of Lino Lakes this 27th day of November, 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. CITY OF VADNAIS HEIGHTS ORDINANCE NO. 415 AN ORDINANCE ESTABLISHING A TRAIL COMMISSION AND ADDING CHAPTER 228 TO THE CITY CODE The City Council of the City of Vadnais Heights does hereby ordain: I. The City Code of Vadnais Heights is hereby amended by adding Chapter 228 to read as follows: 228. Trail Commission 228.010. Establishment and Purpose. There is hereby established a Trail Commission whose functions shall be to identify and plan pedestrian and bicycle trails throughout the City. 228.020. Membership Terms and Removal. The Commission shall consist of five (5) members appointed by the City Council for three-year terms on a calendar basis except that the Council may select members for a one or two-year term on an initial basis in order to stagger the terms of the members. The members of the Commission shall serve without compensation and may be removed from office at any time by the Council. There shall also be appointed by the Council two alternates who may attend and take part in the Commission hearings but shall have no vote, provided that if one or more regular members is absent from any meeting, then an alternate, in order of seniority if more than one, may sit with all the privileges of a member for that meeting only. Upon any vacancy of a regular member, the senior alternate shall automatically become a member of the Commission. 228.030. Meeting Dates. The Commission shall establish its own meeting dates, but shall meet at least four (4) times a year. 228.040. Procedure. The Commission may adopt its own rules and procedure consistent with this and other city ordinances and laws of the state. These rules may include establishing a chairperson and other officers of the Commission, methods of calling meetings, conduct of hearings, methods of voting, and maintaining Commission records. 228.050. Reports. The Commission shall send to the City Administrator a copy of the minutes of each meeting and in December of each year, tender an annual report of its activities and any recommendations to the City Council. 228.060. Coordination With Other Commissions. The Trail Commission shall maintain close coordination and cooperation with the Park and Recreation Commission and the Planning Commission. For that purpose, the Park and Recreation Commission and the Planning Commission shall each designate one member to attend Trail Commission meetings. II. This ordinance shall take effect and be enforced from and after its passage and publication. PASSED by the City Council of the City of Vadnais Heights, Minnesota, thisl9th day of January ATTEST: >6via Qdi) C(, 2 , 1993. MAYOR OCT -19-1995 09:31 Bikeways & Trailways Committee CITY OF SHOREVIEW P.01,64 The Bikeways and Trailways Committee consists of 11 members appointed by the City Council. The Bikeways and Trailways Committee's purpose is to provide recommendations to the City Council on issues such as implementing the bikeway and sidewalk plan (called the Basic Level of Service), bikeway and trail design, bicycle safety programs, other topics that the City Council may request their review. The Bikeways and Trailways Committee meets regularly on the first Thursday of the month. Environmental Quality Committee* The Environmental Quality Committee consists of eleven members appointed by the City Council. In 1986 the City Council combined the Eol id Waste Committee with the Lake Quality Committee to form the Environmental Quality Committee which provides recom:r.endations to the City Council on issues relating to the environment, water quality and so -lid waste. The Co.r:mittee's duties include reviewing development proposals for environmental concerns and storm water quality, providing input into the local watershed planning process, study and make recommendations on solid waste disposal and recycling, and providing educational programs and information to the public on environmental issues. The Environmental Quality Committee meets regularly on the second Monday of every month. Public Safety Committee The Public Safety Committee consists of eight citizen members and one voting member each from Health One, Ramsey County Sheriff's Department and the Lake Johanna Volunteer Fire Department. The Public Safety. Committee is appointed by the City Council and serves as an advisory committee on issues related to public safety including emergency disaster procedures, animal control, fire safety, crime control, and other special topics that the City Council may request their review. The .Public Safety Committee meets regularly every fourth Thursday of every month. Post -It' brand fax transmittal memo 7671 #or pages . 4 1 co. :t . L ; .a o Ca NI./ - o ---- Phone,/ Lis; er t 665 t. Fax ! Faxor ULI-1'1-1`-i 09=31 CITY OF SHOREVIEW F.02/04 RESOLUTION NO. 80-34 ESTABLISHHING A CITIZEN'S ADVISORY COMMITTEE ON STORM WATER AND LAKE QUALITY MANAGEMENT WHEREAS, The City Council recognizes the need for citizen participation in the study and planning of programs relating to storm water management and lake quality assurance for the -City of Shoreview; and WHEREAS, a Committee of Shoreview citizens are appointed and authorized to identify and investigate storm water problems and lake quality control issues to recommend to the City Council necessary plans, projects, and programs for the correction and resolution of such problems and issues; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREVIEW IN A REGULAR MEETING ASSEMBLED AS FOLLOWS: A. Establishment of the Committee 1. That an ad hoc committee which shall be named the Shoreview Stormwater Management Committee shall be established and members appointed for the purpose of advising the City Council in all matters pertaining to stormwater runoff, drainage, storage, and effects on lake quality. 2. The Committee shall be composed of nine (9) members appointed by the City Council. Any member of the Committee may be removed by a majority vote of the City Council. 3. The Committee shall be composed of members who shall be residents of the community which shall include the following: a. a representative of the Planning Commission; b. a representative of the Park, Recreation and Forestry Commission; c. a specialist in matters of ecosystems and hydrology; d. selected and knowledgeable citizens at large; e. r�ty Staff Personnel_ shall act as ex -officio members to %be 4ommi tee; f. special advisory personnel may serve on the Committee who may or may not be residents of the. community. A. Terms - Appointment to the Cornnittee shall be made the first regular January meeting of the City Council or more often if required. Members shall be appointed for three-year.ternis beginning February 1 and ending January 31 of the third year following. Initial appointments pursuant to the Resolution OCT -19-i995 09:32 CITY OF SHOREVIEW Page 2 P.03/04 shall be as follows:Three members shall be appointed for the term of one year,threemembers shall be appointed for the term of two years, and three members shall be appointed for the term of three years. Members appointed after the initial commission shall be appointed for a three-year term. 5. Vacancies - In case of a vacancy during the term of office of any member of the Committee,the City Council shall appoint a new member to serve the remainder of the term. Vacancies shall exist if any of the following occur: Death, disability. or fail- ure to serve as shown by failure to attend a specific number of regular meetings as established by the Committee, residents out- side the City, and resignation. 6. The Committee shall annually elect one member to serve as Chair- man. The Chairman is responsible for the agenda of the meetings, presiding at the meetings, minutes of the meetings, and reports and recommendations to the Council. 7. Val son "between"the' Sta 'ir end -thee Mi fy—COunci"ri'ha'f'f bedirected 1;rough 'the 'Chairman of the Committee and the City l4anager unless her coordination and/or coasntmtts'tTh'i'1s specifically authorized. 8. The members of the Committee shall serve without compensation and may be removed from office at any time by the City Council. Mem- bers of the Committee may however, be compensated for expenses. B. Duties of the Committee - The Committee shall be directed by the Council to examine, study, and define the regional storm water sit- uation, drainage routes and basins, identify known and anticipated problem areas. propose plans and actions that will resolve or prevent storm water problems, study and consider lake quality issues, coordi- nate with neighboring communities and applicable government agencies and advise the Council on all matters pertaining to the same subjects as outlined below: 1. Establish and assemble necessary working materials for committee orientation and use. 2. Identify scope of activities, establish working relationships, and assign specific committee tasks to appoint personnel to work in groups. 3. Investigate the overall storm water management situation as it affects the various areas of the City, identifyinc drainage routes, holding ponds and basins, topography, wetlands, o*er space areas, watershed programs and adjacent community programs and activities that may have bearing on Shoreview storm water management studies. 4. Define and establish an overall stormwater manager:er.t and flood abatereot plan for the City of Shoreview that wil : provide a reason- able, logical, and economical program providing realistic consider- ation. utilization of natural conditions, and enh,ncer.ent of the local e,:osystems, lakes, streams, and wetlands, including con- sideration of citizen interest, watershed distric :s, ''ounty, State c OCT -19-199S 09.33 Page 3 CITY OF SHOREVIEW and federal participation that will lead to the ultimate en- hancement of Shoreview planning and development programs. C. Scope and authority 1. These activities shall include investigation, study analysis, planning and reporting and recommendations to Council. 2. The Committee shall establish its own rules, regulations, and procedures to guide the conduct of Committee activities. 3. The Commission shall record the minutes of each meeting which shall be filed in the office of the City Manager, and be delivered to the Mayor and the City Council. 4. T!!e Committee shall be advisory only and subject to the direction and control of the City Council, 5. Creation of this Committee precludes further work of the existing Storm Water Committee whose members may submit applications for appointment to this Committee. P.04/04 STAFF ORIGINATOR DATE TOPIC BACKGROUND' AGENDA ITEM 11 Randy Schumacher, City Administrator 22 November 1995 Dave Bruder Resignation Please find attached the letter of resignation of Mr. Dave Bruder, the City's custodian. The Council needs to take action on this resignation, and authorize the staff to explore a cleaning service. . Accept the resignation and look into alternative cleaning services. ................................. ..... . ;9:$4#10N A TION .; 11/13/95 Tom Dewolf Streets Superintendent City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Tom, I have accepted another position with the State of Minnesota Department of Corrections. Therefore, my position with the City of Lino Lakes will conclude two weeks from today November 27, 1995. Thank you for the opportunity to be employed by the City. Sincerely, 1c Dave Bruder