Loading...
HomeMy WebLinkAbout04/06/1998 Park Board Packet CITY OF LINO LAKES PARK BOARD MEETING MONDAY, April 6 , 1998 6 : 30PM SCANNED ***AGENDA*** 1 . Call to Order and Roll Call 6: 30pm 2 . Approval of Minutes from 3/2/98 6: 35pm 3 . Setting Agenda 6: 40pm 4 . Open Mike 6: 45pm A. Jamie Ferguson Letter RE: Birch Park Playground Equipment 5. Introduction and Welcome to New Members 6: 55pm 6. Behm' s Century Farm Plat Review 7 : 00pm 7 . Request to Rename Marshan Park - 7 : 15pm Roger Hokanson 8 . Consideration of Recreational Services 7 : 25pm Agreement with Circle Pines 9 . Recreation Department Update 7 : 35pm A. PT Recreation Supervisor I Position 10 . Parks Department Update 7 : 45pm 11 . Bond Referendum 8 : 00pm 12 . Old Business 8 : 15pm A. Review 1998 Goals and Objectives B. Members Terms (FYI) C. Assign Park Liaisons D. Assign Committee Liaisons 13 . New Business 8 : 35pm 14 . Next Park Board Meeting May 4, 1998 8 : 55pm 15 . Adjourn 9: 0 0pm City of Lino Lakes Park Board Meeting March 2 , 1998 The March 2, 1998 City of Lino Lakes Park Board meeting was called to order at 6: 35pm, by George Lindy, Chair. Roll call was taken, members present were Betty Piper, George Lindy, Pam Taschuk, Sharon Lane, and Paul Montain. Joe Schmidt arrived at 7 : 00 p.m. Also present were Rick DeGardner, Parks and Recreation Director, and Sandie Wood, Office Manager. APPROVAL OF FEBRUARY 2, 1998 MINUTES: Pam Taschuk made a motion, seconded by Paul Montain, to approve the February 2, 1998 minutes . The minutes were approved. OPEN MIKE : Bob Matykiewicz of 6674 Black Duck Drive addressed the group regarding the proposed Quail Ridge park project. He suggested that, if the City fills the wetlands in that area, the water which typically runs off onto the northeast corner of his property will have no outlet. Jeff Schoenbauer, Vice President of Brauer & Associates, Ltd. , responded, acknowledging that some grade changing would be required for development and that water n flow would have to be rerouted. Mr. Matykiewicz also asked about the amount of fill the City would do, to which Mr. Schoenbauer responded the intent is to strike an acceptable balance. He added that the master plan is an initial step and is subject to change. QUAIL RIDGE MASTER PLAN: Mr. Schoenbauer presented a review of the process and overall plan for Quail Ridge, explaining that thus far three public meetings have been held. The first meeting addressed the desires of the residents; the second, concepts; and the third, a preliminary master plan. Mr. Schoenbauer stated that the intent is to arrive at a balance between active and passive uses for this site. This small park is intended to serve the local residents as well as provide a trail tie-in with the rest of the community' s trail system. Mr. Schoenbauer explained that the trail system contained in this master plan is consistent with the overall park system plan. Mr. Schoenbauer stated that at this point plans are predicated upon a base map compiled with existing information from the City' s engineering department, and the site has not been specifically surveyed and delineated with respect to wetlands . Therefore, these issues will be addressed as the site is developed. He added that through mitigation and reworking grades most of the proposed development will be accomplished. City of Lino Lakes Park Board Meeting March 2 , 1998 n A major issue has been trails . Mr. Schoenbauer indicated that communication with residents has confirmed their desire for the trails, and that they are in agreement with the preliminary design. Mr. Schoenbauer then reviewed the plan, pointing out that the play area for young children was purposely located within plain sight of an adjacent roadway to ensure its visibility. A boardwalk will link the different areas of the park and ultimately link to the trail system. Mr. Schoenbauer indicated that the existing boardwalk was an issue in neighborhood discussions and, it has been suggested that if it cannot be successfully adjusted the boardwalk may have to be replaced. The proposed plan also allows for deck overlooks, a workout station, horseshoe court, general play and picnic space, and natural wetland edge throughout the park. Additionally, Mr. Schoenbauer explained that a substantial buffer is planned, with attention to the need for safety officials to be able to see into the park area as they pass by for security and safety. The overall base items are estimated to cost $169, 450, with the addition of a 10% contingency and a 10% allowance for design/engineering/land surveying fees, for a total project budget of $203, 340 . Mr. DeGardner added that the neighborhood meetings were informative and that as many desires as possible have been taken into consideration in the development of this park area. Chair Lindy asked about the cost estimates, and Mr. Schoenbauer explained that the estimates are not `high-end", but realistic according to current standards . Chair Lindy then asked about handrails for the boardwalk, and Mr. Schoenbauer explained that his primary concern is stabilizing the structure, adding that he does not perceive handrails as a necessity. In fact, he suggested that the walkway is more aesthetically appealing without a handrail . In any event, Mr. Schoenbauer' s recommendation is that the existing boardwalk be replaced rather than adjusted and/or repaired. Mr. Montain asked if there would be adequate area to move wetlands on site. Mr. Schoenbauer indicated that some very basic mitigation assumptions were made and, should it become necessary, he is prepared to adjust the development plan to accommodate the wetlands . He added that significant mitigation would require adjustment of the budget. 2 City of Lino Lakes Park Board Meeting March 2, 1998 Chair Lindy asked at what point it would be necessary to conduct wetlands delineation. Mr. Schoenbauer responded not until the City is closer to actual development. Paul Montain made a motion to accept the Quail Ridge master plan, as presented, realizing that changes may be necessary, seconded by Ms . Piper. Motion carried. INLINE SKATING DISCUSSION WITH CENTENNIAL SCHOOL DISTRICT: Mr. DeGardner explained that he had been contacted by John McClellan of Centennial School District with regard to his interest in pursuing an inline skating facility for this area. Mr. DeGardner then approached the cities of Blaine, Circle Pines, and Lexington with respect to a cooperative effort. He also contacted the National Sports Center to inquire about locating such a facility at their site. This project is currently in preliminary discussion, and Mr. DeGardner asked for Board input. He added that should this concept go forward, at some point there would likely be a financial obligation on the part of Lino Lakes . Chair Lindy asked what such a facility would include . Mr. DeGardner suggested two components : One would be skateboard ramps, and another a paved hockey rink. A perimeter track has also been discussed. Ms . Taschuk indicated that interest in such a facility had been expressed by community youth in the past. Chair Lindy stated that the problem at that time was liability to the City. Mr. DeGardner suggested that through a cooperative effort with other cities liability as well as maintenance and operating costs should be considerably reduced. The consensus of the Board is that this concept should be pursued. RICE LAKE ESTATES: Review Master Plan and Sale of 2 Lots - Mr. DeGardner explained that final authorization from the Corps of Engineers has now been obtained to proceed with this development . He added that wetland delineation will definitely be an issue, but that the City of Circle Pines and Anoka County remain interested in proceeding with the project . Mr. DeGardner requested confirmation that the master plan remains consistent with the Board' s desires for this area. 3 City of Lino Lakes Park Board Meeting March 2 , 1998 Chair Lindy indicated agreement with the plan. He asked if there is a market for the two vacant lots at the end of Sandhill Drive, to which Mr. DeGardner responded one of the lots is unbuildable and the other contains considerable wetlands; therefore, it is uncertain whether or not they will prove to be a viable asset to the City. Mr. Montain made a motion to reinforce the Rice Lake Estates master plan as presented, and to pursue the sale of the two lots on Sandhill Drive, seconded by Ms . Piper. Motion carried. PARK NAMING ORDINANCE : Mr. DeGardner presented a third draft of this proposed ordinance, which includes the following revisions : 1 . That the suggested new name and rational for change must appear on the petition 2 . Reference to "City service organization" is changed to "community service organization" 3 . Policy has been specified regarding the naming of new parks Chair Lindy requested clarification that existing parks were officially named by default according to current identification. He also recommended that "Behms" be officially named "Behms Century Farms" . Mr. Schmidt expressed concern that guidelines should be in place with respect to this proposed petition process . Mr. Montain explained that the City Charter contains guidelines under its initiative and referendum provisions . Mr. DeGardner pointed out the importance of having this type of process in place to allow residents an avenue for making park name changes . Mr. Montain made a motion to accept the current draft ordinance as presented, seconded by Ms . Taschuk. Motion carried. REVIEW OF NEW TIME SHEETS: Mr. DeGardner explained that the Parks and Recreation Department recently revised time sheets for each of its divisions, allowing for more accurate tracking of expenditures . Chair Lindy suggested that information gathered in this manner will prove useful in future maintenance planning. 4 City of Lino Lakes Park Board Meeting March 2, 1998 REVIEW NEW VANDALISM REPORTING/TRACKING SYSTEM: Mr. DeGardner presented a revised vandalism reporting/tracking system, which will allow for more accurate tracking of expense resulting from damage to park property as well as particular parks prone to vandalism. Mr. Montain asked if information was available regarding the amount of money spent in 1997 resulting from vandalism to the City' s parks . Mr. DeGardner explained that this information is not currently available, but should be for 1998 through the use of this form. Mr. Montain asked about the reporting process, and Mr. DeGardner confirmed that reports can be made to or by the police department, with the Parks and Recreation Department receiving a copy of such reports . RECREATION DEPARTMENT UPDATE: Review Letter Regarding Trails and Vandalism - Mr. DeGardner presented a memorandum from Barry Bernstein, Recreation Program Supervisor, highlighting program activity in the community. Mr. DeGardner pointed out that use of warminghouse shelters was cut short due to the mild and short winter season. Chair Lindy pointed out that attendance was good in spite of the brief season. PT Recreation Supervisor I Position - Mr. DeGardner explained that the process has been initiated to fill the position of part- time Recreation Supervisor I . He indicated that the position has been advertised and posted in various areas, and that the successful candidate should be "on board" by mid-April . Mr. Montain asked if it is anticipated that this position could be filled by more than one individual . Mr. DeGardner suggested that most of the applicants will be recent college graduates seeking an opportunity to enter the parks and recreation area, and that such an individual would likely take this position as a stepping stone to advancement in this field. Ms . Lane asked if Mr. DeGardner envisioned this position developing into full time. Mr. DeGardner responded that the need seems evident, but that evaluation of this position would first be necessary. n 5 City of Lino Lakes Park Board Meeting March 2, 1998 PARKS DEPARTMENT UPDATE : Mr. DeGardner presented a memorandum from Mike Hoffman regarding February parks maintenance, highlighting maintenance and repair to hockey goals, warminghouses and equipment, as well as tree trimming and removal, playground inspections and Sunrise Park playground installation. Additionally, Mr. DeGardner pointed out that Staff is also attending certification training for pesticide and fertilizer application as well as training regarding irrigation systems, grass management and equipment management. Review Letter Regarding Trails and Vandalism - Chair Lindy requested that Mr. DeGardner read the following correspondence from Sgt . Kent Strege of the Lino Lakes Police Department dated February 11, 1998 in response to concerns expressed at the first Quail Ridge planning meeting regarding a possible link between trails and vandalism: Rick DeGardner You requested some input regarding the safety of the trail system in the City of Lino Lakes, and specific- ally in the Quail Ridge Addition. Statistics regarding specific incidents on the trails are not readily avail- able due to the fact our reports would reflect an actual address or block area, but not an individual trail . Anecdotal information indicates that in general we have not had much crime related to the trail system at all . There have been a couple of instances of graffiti being found on the paved trails, but no pattern of this or any type of crime. It is true that the trail system allows for people to move among the neighborhoods without using the roads, but this has not proven to be an avenue used by criminals frequently in the past. The residents of the Quail Ridge area may have a heightened awareness of this type of activity due to the chase and arrest of two males that had been entering vehicles in their neighborhood last spring. Though the individuals utilized the trail system during the incident, the neighborhood was not selected because of this reason. The trail system is made safe the same way the rest of the city is, by active involvement from both the police department and the citizens . The police department utilizes officers on mountain bikes to patrol the trail systems in the city. We also rely on citizens noticing things out of the ordinary and reporting that to us . 6 City of Lino Lakes Park Board Meeting March 2, 1998 This type of combined effort has kept the trail system in Lino Lakes safe in the past and has all the indications of being able to do so in the future. Should you or any residents have any questions regarding this or related ideas please feel free to contact me at 780-0605 . Sgt Kent Strege Lino Lakes Police Department Chair Lindy suggested that this implication is a result of communication from Coon Rapids some time ago through correspondence relating that their trail system did not contribute to criminal activity nor was it a safety concern or issue. He added that hopefully Sgt Strege' s correspondence will allay concerns of Lino Lakes residents . Sunrise Park Playground Installation - Chair Lindy asked about the plan for obtaining citizen support for this activity. Mr. DeGardner explained that advertisement is planned and, if there is not sufficient response, the Earth Day Committee may be asked to assist. Ms . Lane expressed concern that a significant number of citizens might be involved in Earth Day activities . Ms . Taschuk agreed, adding that many groups choose that day for community service . Mr. DeGardner pointed out that a back-up date of May 2 has been designated; however, only a few volunteers are needed, and the project will be ongoing throughout the day. Mr. Schmidt stated that Earth Day activities throughout the community have always been well supported, and that there should be no problem in securing the needed assistance . Centennial Middle School - Mr. DeGardner presented a memorandum from Mike Hoffman regarding concerns with respect to certain soccer fields located on the Centennial Middle School site . Specifically, these fields are quite uneven, and include surfacing debris, areas of washout, seeded areas that are extremely thin, and hazardous access to irrigation system controls . Mr. DeGardner' s recommendation is that this area be closed to activity for the 1998 season to allow for necessary repairs . Communication will be ongoing with the contractor in an effort to correct these issues . Mr. Montain asked if all of the available area on the Middle School site is currently allocated to specific programs, to which Mr. DeGardner responded in the affirmative. Mr. DeGardner added that the area in question is not the existing soccer field location but an area toward the center of the athletic fields . 7 City of Lino Lakes Park Board Meeting March 2, 1998 Chair Lindy asked if this area had been planned for use this season, and if the soccer association had been notified of its unsuitability. Mr. DeGardner explained that the this area was planned for programs, and that the association had been notified of its poor condition. He added that other areas will be investigated for use during the upcoming season. Shenandoah Park Play Structure - Mr. DeGardner presented a memorandum from Mike Hoffman regarding safety concerns with regard to the Shenandoah Park playground. Issues include compacted sand not of adequate depth throughout the playground with weed growth encroaching light traffic areas, decaying railroad tie borders which not only constitute a trip-and- splinter hazard but are located too close to certain play components, inadequate use/fall zone for the diagonal ladder, splintered redwood posts, metal decks capable of unsafe heat retention which also represent an entrapment danger, a substandard barrier wall which also constitutes an entrapment danger, unsafe conditions with respect to the fireman' s pole, entrapment danger and heat retention issues with respect to the existing tube slide, missing end caps on the small slide, failing hardware and hangers on the tot swings which also have an inadequate fall/use zone, similar conditions with respect to the 10' swing, and a poorly-stabilized merry-go-round which has become noticeably unlevel. Mr. Montain expressed concern about removing this equipment in the spring, leaving the park without equipment until next fall . He asked if there were any interim measures that could be taken. Mr. DeGardner indicated that the cost would be substantial to bring the equipment up to acceptable safe condition; I .e . , $4, 500 just to bring the playground surface up to standard. He agreed with Mr. Montain' s concerns, but maintained that safety is a priority issue . Ms . Taschuk asked if area residents would receive notification prior to removal of the equipment. Mr. DeGardner explained that a letter would be forwarded to residents containing similar information to that provided at this meeting, and letting them know the timeline for removal of the equipment . Mr. Schmidt agreed that this playground represents a considerable hazard. Mr. DeGardner indicated that a number of playgrounds within the community are in need of significant repair, but that Shenandoah is most needy. Mr. Montain pointed out that this particular playground equipment is approximately 16 years old, asking if this is typical life expectancy. Mr. DeGardner explained that improvements in the quality of playground equipment since this installation have been 8 City of Lino Lakes Park Board Meeting rr� March 2, 1998 significant and certainly current equipment should have a longer life expectancy. He confirmed Mr. Montain' s observation that the City should plan for repair and/or replacement of playground equipment approximately 15 years following its installation. Mr. Schmidt asked if new playground equipment is guaranteed to remain in good condition for a specific length of time, to which Mr. DeGardner responded there is not; but that a longer life expectancy is anticipated. Mr. Montain asked if a regular safety plan is in place. Mr. DeGardner stated that safety checks within Lino Lakes are ongoing, adding that Mr. Hoffman grades existing playgrounds annually according to current safety audit practices . Chair Lindy indicated that a plea to the City Council is required, as replacement of playground equipment is not a function of dedicated Park funds, asking that Council annually address this issue as a general fund expenditure. Ms . Taschuk agreed, stating that the issue of aging playground equipment in varying stages of disrepair will always exist which suggests the need for an ongoing City policy addressing this matter. Mr. Montain asked about the cost to replace equipment like that at Shenandoah Park, to which Mr. DeGardner responded approximately $30, 000 . There are nine existing parks containing playground structures, approximately 500 of which contain older equipment. Mr. DeGardner prioritized current needs as (1) Shenandoah Park, (2) Arena Acres, and (3) Lino Park. Ms . Taschuk made a motion that the playground equipment at Shenandoah Park be removed as soon as possible due to safety concerns, seconded by Ms . Lane. Motion carried. Ms . Taschuk made a motion that the City Council be made aware of the removal of this park equipment and the importance of using general funds to replace play structures such as the one at Shenandoah that are becoming out of date and that are becoming a safety concern for the citizens of Lino Lakes, seconded by Ms . Lane. Chair Lindy suggested that this motion contain reference to appropriateness of using general funds for this purpose, rather than importance. 9 City of Lino Lakes Park Board Meeting March 2, 1998 Ms . Taschuk rephrased her motion that the City Council be made aware of the importance of the replacement of playground equipment and the appropriateness of using general fund dollars versus use of dedicated funds for these replacements, seconded by Ms . Lane. Motion carried. FRIENDS OF THE PARK UPDATE : Mr. DeGardner presented a memorandum from Barry Bernstein outlining the topics of discussion at the last meeting of the Friends Foundation. He directed particular attention to the new plaque design for placement in neighborhood parks upon the occasion of any significant donation, using the plaque for Matt Noren who made a donation to Lino Park last Fall as an example. Mr. DeGardner explained that the new plaques are of a damage- resistent design, and represent an attractive colorful addition to the park landscape as opposed to those used in the past. Mr. Schmidt asked about the cost of such a plaque, to which Mr. DeGardner responded approximately $40 . Mr. DeGardner pointed out that the Friends of the Parks Foundation will be presenting a plaque to contributors from 1997 at the March 9 City Council meeting. He added that the following groups will be recognized: Olson, Phelan & Company, Ace Solid Wastes, Budget Computers, Molin Concrete, and Target Industries . Each of these organizations have made donations of at least $500 to Friends of the Parks in 1997 . BOND REFERENDUM: Mr. DeGardner stated that Staff continues to assess neighborhood needs with regard to park and trail systems as well as an athletic complex. He pointed out that negotiations for the purchase of certain property have stalled, creating the need to investigate other land possibilities for the athletic complex. Mr. DeGardner indicated that a finalized proposal should be presented to City Council in April for final approval . The three areas at issue are improvements to new and existing neighborhood parks, trail segments within the community, and an athletic complex. If approved by Council, the referendum would go to the public on Saturday, June 13 . Chair Lindy suggested that additional discussion is needed with respect to projected cost estimates and prioritization. Mr. DeGardner indicated that time is of the essence to finalize these matters . 10 City of Lino Lakes Park Board Meeting March 2, 1998 Chair Lindy recommended a Park Board meeting prior to the next regular session. Mr. DeGardner suggested Monday, March 9, at 7 : 00 p.m. , immediately following his meeting with Jon Gurben on related issues . OLD BUSINESS: Mr. Schmidt inquired as to the status of replacing outgoing Park Board members . Mr. DeGardner explained that the two applicants will be interviewed within the week and that the new members may be in attendance at the next regular Board meeting. Mr. Montain stated that additional applicants can be drawn from those who have applied to other boards . NEW BUSINESS: None. SCHEDULE NEXT PARK BOARD MEETING: The next Park Board meeting will be held on April 6, 1998, 6: 30pm, at the Lino Lakes City Hall . ADJOURN: Pam Taschuk made a motion to adjourn, seconded by Sharon Lane. The meeting was adjourned at 8 : 05pm. Respectfully Submitted, Judy Pope Recording Secretary r 11 Qv - Yv rim ` "DV Q v r -ate -ayr� • �p�� , �-�` .--�, -ate '�� -�►.c�.�,� �- M j � i t i i i I i L 1 CIT*—1 OF NE April 1, 1998 TO: Park Board Members FROM: Rick DeGardner N SUBJECT: Behm' s Century Farm Plat Review John Johnson, a consultant for Gary Uhde will attend the Park Board meeting to discuss possible scenarios regarding Behm' s Century Farm Park. PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone:617-780-1885 • Fax: 612-784-7227 Er 1Y - --- OUTLOT 8 LINO AIR PARK+ 5 1 12 0 6 11 ., 14 13 12 ,C11 9 7 10 � la � 17• F'1 10 s 1 �a 9 I W 9 8 ',/ 19 16 17 9 I a— —TN MA '— —STREET— 7 1 16 I IL5 6 5 I 2Y14 C UhTY OUTLOT A 14 4 2 NT�RY3 3 3 15 14 13 7 9 12 2 6 10 II I 13 14 4 5 _ 4 6 7 7 1 3 9 6 6 P21 10 10 11 12 5 6 7 8 9 10. 1-1 12 2 111 a 54 z FA RM 3 13 2 2 1 14 I 1 OUNTY—ROAD-N0. 153 - - -- —- —LILAC---—STREET—2 2 7 2 2 3 6 5 4 3 3 3 3 4 MARCIA A i 4 4 5 �1 1 4 5 5 W 5 6 6 W z 2. 5 LINO L 6 Q::1 7 34 3 6 64^ 4 9 7 5 W 35 ""°"" """' °°T`°' Fa REHABILITATION 2 7 7 10 ''N 2 S 2 3 a 3 6 3 8 11 441 N6q 4 3 2 1 12 4 4:1 5 1 0 5 Z 5 5 6 7 14 13 SAE TRUNK HIGHWAY N0.49 74 Tr J _ I I I 6 7 8 2 3 d 1 2 ! 3 4 5_ __&-- T g 110 AIARVY STREET VLP P If 2 3 4 5 6 1 1 2 3 14 5 6 A 12 �i APOLLO 7 1 IS IB 27 O 36 39 ND 3 �'�" 2 14 17 27 30 37 40 a 0_L. E N �I 3 13 16 F. 26 313J6 41 U I 5 lZ 20 = 224 3CC2 OQ►+S 4 I s 10 21 22 23 A �N�ERS�P W R / 7 i � PO L LQ 9 - /�,r. A THE CHURCH OF ST. JOSEPH Im _ I _ Uw pONDf LAKES — I INU — HIH / 19 I 20 1 20 1 1 I 4 24 P^n 15 f 24 ' I 2 19 2 19 2 7 10 71 I I /;/ L O 3 3 3 6 u Al /J ? Q 3 IB S `16 �q 14 q 1213 2 1 .1 4 17 4 17 KS S S 9 I _ J 5 16 S 16 7�6 7 I 1 1 2 3,4 5 9 _ y Ia.. \\ 6 15 6 IS 9 — IOUL 7 II J C JOHNSON CONSULTANTS, INC. e : 6601 - 75th Ave. N. Phone: (612) 566-6158 Brooklyn Park, MN 55428-1429 Fax: (612) 566-4374 March 31, 1998 Mr. Rick DeGardner Parks and Recreation Director City of Lino Lakes 7204 Lake Drive Lino Lakes, MN 55014 Dear Mr. DeGardner: Re: Park plan options for 8.6± acre park area west of Laurie & south of Mr. Gary Uhde requested that I submit the following comments and attached exhibits for review and discussion by the Parks Board at its April 6, 1998 meeting. The construction of Behms Century Farm 4th Addition is commencing and therefore it is suggested that it is timely to begin to discuss the park development needs for the 8.6± acres of land owned by the City. The park area currently has street frontage of over 1225 lineal feet along Laurie and Thomas Ave which brings about a cost impact to the City for the improvements to the existing streets. There appears to be three basic options to the City: 1) Do nothing, 2) sell a portion of the land abutting Laurie or 3) develop a portion of the land abutting Laurie and sell the finished lots. The following is a summary of the estimated cost impacts for these options. PLAN 1 - Do Nothing The "Do Nothing" option has cost impacts which were developed in the City's Feasibility Report for Trunk Sewer & Water prepared by OSM on November 21, 1997. The report estimated the City's cost for trunk sewer area & unit, trunk water area & unit, lateral sewer, lateral water and storm water management fees as $122,584.27. This amount is based on the 1997 typical rates. This amount is estimated to increase to $123,161.27, if 1998 rates are used. In addition to the above, the estimated costs for paving and storm sewer improvements at the typical rates is $61,560.00, for a total of $184,144.27 (1997 rates) and $184,721.29 (1998 rates). Page 2 Mr. DeGardner March 31, 1998 r� To offset the above costs and provide dollars the City for park improvements the following two options are suggested. PLAN 2 - Sell a 135'x560' strip of land along Laurie Ave. Mr. Uhde proposes to purchase a 1.75 acre strip of land for seven lots as shown on the attached sketch. The purchase price is based on an undeveloped land value of $12,000.00 per acre for a total of $21,000.00. In addition Mr. Uhde would do the following: 1. Stockpile 2500 cu. yd. of topsoil in the existing park with a value of $12,500.00 2. Relocate Sediment Pond to east side of Laurie Ave, which would save the City the cost of approximately 1.5 acres of land and the 12,000 - 14,000 cu. yd. pond construction at an estimated value of $42,000.00. 3. Stockpile wood chips from clearing and grubbing operations in existing park area. Amount and value unknown. This option would leave the City with a 6.9± acre park area and $21,000.00 cash, a wood chip stockpile, $54,500.00 savings for topsoil stockpile and pond relocation and an estimated savings of $70,831.46 in the trunk area & unit charges. This is a total value to the City of $133,831.46.00. PLAN 3 - Develop and sell seven lots along Laurie Ave Mr. Uhde would work with the City to include 7 lots into either the Behms Century Farms 4th or 5th Additions. These lots are estimated to have a 1998 retail value of $38,000.00 each, for a total of $266,000.00. This amount would be reduced by the costs to produce the finished lots. The cost to develop the finished lots is based on the costs to develop Behms Century Farm 2nd Addition. Street, sewer and water improvements - $16,000.00/lot, grading - $2,500.00/lot, engineering and surveying - $775.00/lot, sediment pond - $6028.00/lot ($42,000.00/7), City fees - $2,000.00 ( such as park dedication, pond & street maintenance, seal coat, storm water management fee, administration fee, aerial photo fee, plat & plan & legal reviews, engineering & inspection fees, etc.), boulevard tree - $250.00/lot for a total 'hard' cost of $27,553.00 per lot. In addition to the above there would be sales commission fees of $2,660.00/lot (7.0%/lot) and development fees of $3,800.00/LOT (10.0%/lot). The total development cost per lot is estimated as $34,013.00/lot for a total of $238,091.00. Page 3 Mr. DeGardner March 31, 1998 This results in a net proceeds to the City of $27,909.00 at time of closing of the lot sale. If a 10.0% contingency is added to the 'hard' costs ($2,755.00/lot) and one year of interest for financing improvements at 10.0% ($2,755.00/lot) is added to the cost of the lots, then the net proceeds to the City could be a loss of $10,661.00. The remaining park parcel would still have an estimated area & unit charge of $113,312.81. The above analysis concludes that PLAN 2 offers the City the least amount of risk and the most amount of dollars and value. I will attend the April 6, 1998 Park Board meeting and assist in the presentation of the above information. If you have any questions, please contact me. Sincerely yours, Jo C. Johnson, P.E. cc: Gary Uhde n _ III. • .. I T4- ❑ - - : C - 1 ----------Q-----------------------. 2 .Ir..un....n....• �..e . .q I I - ------------ --- • LINO AIR PARK I - % - � 1 10 B I 1 30 R 2 , 3 d , 1 I•• AREA • 1_ L f �P ;- - -- -------- - .rr ---- ,o--- _ 2824 23 ----------------- / : 1 — 1921 ' f ' i20 ♦II,. ----- 17 ;13 14 + , ------ I 1 ig 13 ------------ 1 1 •i 1 al i 1 I 1 , ° 1 , 1 i I 1 ° -----, I---- _ o r F 1 ° �1♦ (�(� q[}�/ PLAN NO. - DESCR IPTI DN F 1 Z 3/3E/9B '7 f ADD. F3RE� 1- A€♦ ��� �I�+++� J C JOHNSON CONSULTANTS. INC. PRoJEcT.� BEHM ' S CENTURY FARM SITE PLANNING AND DESIGN e i C 6601- 75th Ave.N. Brooklyn Park,MN 55428 821206 CENTURY FARM DEVELOPMENT. Inc Lino Lakes. Mn I I546 a, J Phone: (612)566-6158 FAX: (612) 566-4374 I I I I I I I I I N�f7 I .� a l .10-S 10i4d-,9 I r I 001 OS Sd 0 I i I I I Cb i I I I I ' - .♦ I � — t 7Q 5 a� OQ� / 5 � • yy f ♦ ♦ I ♦ I ♦ • I ♦ ■ 1 ♦� ■ I 1 V l a V ■ L _ !� t GNOd 1N3WIaKIS jl � ----------------------------- aul�a�ict swflial!M R 01 I -------------------- i L 4 _ t ------------ •.., - 2 --'-- ................... I --`-- -- ------------ - .....+.+. I , Mix -------------------------- ;Y! • L I NO AIR PARK ❑ _ +-- _— ---- -------- - 0 7 3 S 4 b � -- -- '— 2 \ i of --- C j b - 1 2 b --4 S ! .. 7 10 0 B i ...-- lie t ..SO I 2 b d j i ,'• •• -- '--- _ _ IIIIL- �'I_ - - _ _ .. 1 1 L /, smisErir — e I - s row 1 e 1 1 i P 27.`�••l, AREA ---- t I !- 2S 24 I 4 1 t 1 a i j t t , 21 ' of 1 _ _- is 117 Is 1Is 14 1 1 i i 1 i ' i i i J 1 •... t 11 1 1- 3 8 7 1 0 - 1 n�....au •, 1 �,________--.-� r ------- r - 1 9 e N0. pdTE DESCRIPTION ev 1 SHEET 4t ADD. PARK PLAN 2 & 3 �'�_ •.� --A -Ca J C JOFNSON CONSULTANTS. NC. 1 t 1 oJECr B E HM ♦ S CENTURY FARM SITE PLANNING AND DESIGN szlza CENTURY FARM DEVELOPMENT. Inc. . ems v ... -75th Ave.N. Brooklyn Park,MN 5542E • , Lino Lakes. Mn y._ ii J Phone: (612)566-6158 FAX: (612) 566-4374 — ----------V--- - eline- -------------------------------------------------------------------_----- ------—--_- 1 I • / I • I L 10 ♦ 4 e`O o F - _ _ - - _ - - - - - - - . . . . . . I . I 1 1 i 1 1 � • 1 1 1 I 6-7 I I I I I 1 o zs so loo I JC I I J 1 Graphics Scale ( 1 ! 1 (in feet) I 1 I /"'� 1 pLP►�N �/7 I I C I T YjIFEW. OF LINOLAKES March 31, 1998 TO: Park Board Members FROM: Rick DeGardnerto SUBJECT: Request to Rename Marshan Park Attached is a letter from Mr. Hokanson requesting that Marshan Park be renamed in memory of his grandson who died of leukemia. Also attached are minutes from the Council meeting regarding the site plan review of the Marshan Condominiums . When the site plan review was presented to Council, the Lino Lakes Subdivision Ordinance did not specifically address condominium subdivisions . This matter was discussed with the applicant, the applicant' s attorney, city staff, and the city attorney. It was determined that if all the requirements and design guidelines of the City' s Zoning Ordinance could be met, this was the simplest and easiest way to respond to the developers request for a site plan approval . Referring to Mr. Hokanson' s letter, he is technically correct that he donated a three acre parcel of land. However it appears that Mr. Hokanson would have been required to donate up to 10-14 percent of the land based on the City' s Subdivision Ordinance. At the time, even though the existing ordinance did not address specifically condominiums, it appears had Mr. Hokanson not "voluntarily" donated the land, the matter would have been addressed in court. The Park Naming Resolution that was reviewed and approved at the March Park Board meeting will be forwarded to Council at the April 13th Council meeting. 3/31/98 sw/mw/sandies folder/parkbrd/Hokanson Marshan Name Change.doc PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone: 617-780-1885 • Fax: 612-784-7227 HOKAI'41SON DEVELOPMENT INC HOKANSON DEVELOPMENT, INC. HOKANSON DEVELOPMENT, INC. March 19, 1998 Mr. Rick DeGardner Parks and Recreation Director City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Mr. DeGardner: I'm writing this letter regarding the Park Naming Ordinance that the Park Board approved at the March 2nd meeting. First of all, I had written you a letter in December expressing my idea of naming parks in the area after individuals. I had stated that Hokanson Development donated a three acre parcel of land on the north side of Marshan Condominiums to be used for a park next to a two acre park. When I developed these condominiums, there weren't any rules written about having to make part of that land park/recreational. I had felt this would be a good idea by donating it even though this is not a townhome unit where you have to donate up to 10% of the land (check with Mary Kay). Beings e*-N that I came up with the idea of naming parks after individuals, I wanted to start off by naming this park after my I year old grandson, Jesse, who died of Leukemia. In your letter you stated that in order for a park to be named after an individual, group, association or business, they must have made a significant and exceptional contribution to the park involved or the community as a whole. Rick, I feel that my donation of this three acre parcel of prime land for a park is an exceptional contribution, as it is bringing a new community park into the area. I strongly believe that with these contributions of mine (the land for a park and the idea of naming the parks after special individuals); the donated park has earned to be named after my grandson, "Jesse's Park." I would also like to make a memorial sign on the condo side of Aqua Circle with the name "Jesse's Park", as the other future named memorial parks could also do this. I would greatly appreciate you getting back to me on this matter as soon as possible. Sincerely, J tea—� er Af. H; nson H fanson Development RAH/kjz 9174 Isanti Street N.E., Blaine, Minnesota 55449 (612) 786-3130 - Fax (612) 784-9136 COUNCIL MEETING JUNE 26, 1995 Ms. Wyland explained that the City Council has the option to deny the subdivision of property into three (3) parcels and approve a split of the parcel into one 10 acre parcel and one 19. 4 acre parcel . A park dedication fee ($500. 00 per lot) would be required for the newly created lot to be collected at the time the deed is signed by the City for recording with the County. The City Council also has the option of approving the variance request to allow creation of two (2) 10 acre parcels and one 9 . 4 acre parcel for the reasons indicated above in items B, D, E, and F. Two (2) park dedication fees would be required for the newly created lots, to be collected at the time the deed is signed by the City for recording with Anoka County. The City Council also has the option of returning the matter to the Planning and Zoning Board for further consideration. There was discussion regarding how Mr. Meredith could obtain additional land to legally create three (3) ten acre lots. None of the suggestions were acceptable. Mr. Meredith explained that when County Road #84 (20th Avenue) was upgraded, the southeast portion of his property was taken for additional right-of-way. Council Member Kuether felt that this was a unique situation not n created by Mr. Meredith and a variance could be approved. Mr. Hawkins agreed with the County Recorder and said that two (2) parcels of land in two (2) different jurisdictions cannot be combined. Council Member Kuether moved to approve the variance request to allow two (2) ten acre parcels and one 9 . 4 acre parcel for the reasons indicated above in items B, D, E and F. Two (2) park dedications will be required for the two ( 2) newly created lots, to be collected at the time the deeds are signed by the City for recording with the County Recorders office . Council Member Elliott seconded the motion. Motion carried with Mayor Reinert voting no. Site Plan Review, Marshan Condominiums, Lake Drive and Aqua Lane - Mr. Brixius used the overhead projector to show the location of the proposed condominiums and the proposed site plan . He explained that the developer is requesting site plan approval for the first phase of the proposed development which would include 110 townhome units to be owned in a condominium on a 25 . 5 acre parcel of land. The development is proposed to be served by a loop street system which would be a private street dedicated to the City by easement. The proposal includes 14 individual multiple family structures and a three (3) acre park. � This proposal predates the current Lino Lakes Shoreland PAGE 12 n COUNCIL MEETING JUNE 26, 1995 Ordinance. Therefore, it will be treated under the State Shoreland requirements which are more restrictive than the Lino Lakes Shoreland Ordinance. A concept plan was presented to the Planning and Zoning Board. This board requested that the developer present a plan showing the subsequent phases. The-- plan submitted by the developer shows subsequent phases in a darker color. A proposed commercial development is shown in the southwest corner of the proposed development. The area is designated in the 1990 Comprehensive Land Use Plan for multiple family development. The proposal is consistent with the 1990 Land Use Plan and the current zoning which is R-4 which allows development for multiple family development up to 15 units per acre. However, the Shoreland Overlay District significantly reduces the site' s density potential . Mr. Brixius gave a background on this matter. The original proposal did not meet the conditions of the Zoning Ordinance and did not meet all City and State Shoreland Requirements. A second proposal was submitted that complied with the State Shoreland requirements but staff noted 18 different items that needed- attention before approval could be given including the dedication of three (3) acres of park land and compliance with required setbacks. The Planning and Zoning Board tabled action on this request until a final drawing was submitted meeting all of the requirements . Mr. Brixius explained that the applicant responded to the Planning and Zoning Board' s recommendations and presented a third drawing which is being addressed this evening . This proposal is being treated as a site plan since it is a condominium ownership. People will buy the units but will own the entire property in common. A condominium is not a type of housing unit, it is a legal form of real estate ownership. A townhome is a type of housing with shared walls and exterior exits for all units . Separate ownership for each townhouse unit is being proposed for this development. The ownership is consistent with the proposal . The first phase complies with the Department of Natural Resources (DNR) density standards . The applicant is proposing 139 units for the second phase. The current regulations indicate that 136 units would be the maximum. Land at the southwest corner of this area would have to be added to get the additional three (3) units. The building elevations are 32 feet and meet the setback requirements, the buildings meet the 30 foot setback from a public street. Parking stalls along the circular road could be granted a variance up to five (5) feet provided that adequate landscaping around the parking stalls be installed to break up PAGE 13 COUNCIL MEETING JUNE 26, 1995 the visual appearance of the parking areas. The applicant has provided a landscaping plan which is not adequate since it does not show location, type and species of trees and plants. It does provide some idea where landscapi-ng is desired from a screening standpoint. One condition of approval of this request is the submission of a formal landscape plan with a detailed description of what will be planted at each screening area including the parking lots, areas along Lake Drive (Highway 49) and to the north of the townhomes where they front towards the Shores of Marshan Lake subdivision. With the setback variance, the applicant complies with the required parking plan for this type of unit. A snow storage plan has been provided and a three (3) acre park is provided complying with the recommendation of the Park Board. A dock area is included in the site plan. Mr. Brixius noted the location of the dock on the map. There were concerns raised by staff and the Planning and Zoning Board regarding the dock. There will have to be specific and defined use of the dock-. - The applicant has expressed a willingness to comply with the following standards: 1 . Provide a sketch plan showing the dock arrangement . The dock design must be consistent with the concept plan as submitted with this site plan request. Any change in design and/or use will be subject to City approval . The dock design will be subject to DNR approval and will be for pedestrian traffic only. No car traffic will be provided and no boat launching will be allowed. Lake access from the dock shall be canoe access only. The dock shall be signed, "Private Property" . The developer shall outline the lake access restrictions in a homeowners deed restriction and disclose the lake access restrictions to all homeowners at the time of purchase or sale . In addition, these restrictions will be included as part of the development agreement that is required for site plan approval and included in the deed covenants of the homeowners association. 2 . The applicant is required to provide handicapped parking throughout the site. The applicant has indicated that it will be provided. 3 . The City Engineer has reviewed the grading and drainage easements for the site and has addressed the utility needs for the site in a separate report. PAGE 14 COUNCIL MEETING JUNE 26, 1995 4 . The applicant has provided building elevations . Mr. Brixius showed the photographs of the building elevations and explained that the larger units will be located along the lake and on the north end of the circular drive. The larger units have been placed in a manner so that they will be closest to the single family homes to the north and provide two (2) car garages in all cases. Mr. Brixius displayed photographs of the townhouse units proposed for along Lake Drive (Highway 49) and within the circular driveway area . These units have been located further away from the single family home area. A number of units will have single car garages and the end units will have two (2) car garages . The developer has been responsive to neighborhood concerns. There is no through street connection to Stagecoach Trail in the Shores of Marshan Lake subdivision. The street in the proposal is a loop street with Aqua Lane as the entrance. The three (3) -acre park has been located alongthe northern boundary of the - site to provide a physical separation between the proposed townhome units and the single family area. The park area does comply with park dedication requirements. A trail will be constructed along Marshan Lake in compliance with the Park Board recommendation . Grading of the park will in conjunction with the site grading. The applicant is required to provide parking. Parking will be restricted within the fire lane areas and will be properly signed , "No Parking" . A question was raise as to why this proposal was being reviewed as a site plan review. The Lino Lakes subdivision ordinance is silent in regard to condominium subdivisions . Also the Lino Lakes Zoning Ordinances allows two (2) principal structures on a L R-4 zoned lot . These rules allow for this type of development to occur without having to go through the preliminary plat approval process . This matter was discussed with the applicant, the applicants attorney and staff. The City Attorney was present at this meeting . It was determined that if all the requirements and design guidelines of the City Zoning ordinance could be met, this was the simplest and easiest way to respond to the developers request for a site plan approval . ,-'Mr. Hawkins explained that normally development occurs through a typical plat where an individual brings in a parcel of property divided it into lots and blocks and then turns around and sells the individual lots to individual owners. This is a normal arrangement in most municipalities. This proposal is being presented under a State Statute that was enacted about a year PAGE 15 COUNCIL MEETING JUNE 26, 1995 ago. The Statute is call a "common interest community" . This is either a condominium or cooperative development. A piece of property is not platted into individual lots because there is no separate ownership of land. The land is owned in common ownership. The space above the land is divided similar to an apartment project. Mr. Hawkins originally thought that this was a subdivision and therefore the subdivision ordinances should apply. It was determined that the proposal was not a subdivision or a townhouse plat. A meeting was held with Mr. Hawkins, the developer, the developers attorney and staff. A determination was made that since the developer is willing to comply with all the regulations of the subdivision ordinance, the City would process the proposal like a subdivision and get all the things that the City would get had it in fact been a subdivision. This is the first time a condominium or "common interest community" site plan has been presented to the City. This proposal has prompted staff to review the subdivision ordinance and to make sure that when another such proposal is presented, the proposal will be governed by the subdivisions regulations. Mr. Hawkins explained that it is very unusual for this type of development to be proposed in areas this far from the inner city. Mr. Brixius explained that this proposal would not be unique to an R-4 District. It could also be presented to R-2 and lesser density districts . Council Member Bergeson expressed concern regarding a public trail that goes to a private dock. This could create a "public nuisance" and invite trespassing. This concern was addressed by the Park Board . There was a proposal to place a gate at the dock entrance, however the consensus was that gating the dock would pose more of a problem than placing "no trespassing" signs. There was discussion about the dock and how it could be reserved for the condominiums owners only. Staff and the City Council agreed that signage appeared to be the best method of letting the general public know that the dock was private property and not for public use . Mayor Reinert said if the Lino Lakes City Code does not address condominium development then the City does not have a condominium provision. Mr . Brixius said that this is correct . However, if this proposal were all rental properties , regardless of who owned the rental units, the Lino Lakes ordinances does allow for the property to remain as a single parcel and one owner to hold and put more than one principal unit on the lot. The only thing that this developer is doing differently with this property is promoting owner occupancy of the individual units. Under the Lino Lakes ordinances, the owner of this property could build these same units and make them all rental . The City would not PAGE 16 CITY OF � IN KE March 31, 1998 TO: Park Board Members FROM: Rick DeGardner 0 SUBJECT: Consideration of Recreational Services Agreement with Circle Pines Attached is a copy of the Recreational Services Agreement with Circle Pines . Last year, Lino Lakes began providing a summer playground program at two sites for the City of Circle Pines . The purpose of this agreement is to extend the term of last years arrangement. Lino Lakes will be providing two summer playground sites in Circle Pines for a fee of $3, 500 per site. This cooperative effort has worked well for both communities, and we anticipate continuing this arrangement into the future. 3/31/98 sw/mw/candies folder/parkbrd/CP Service Agreement.doc PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone: 617-780-1885 • Fax: 612-784-7227 CITY OF CIRCLE PINES 200 Civic Heights Circle Circle Pines,Minnesota 55014-1795 Telephone (612)784-5898 FAX(612)785-2859 Lee Ann Osbun,Mayor TDD(612)784-9724 Daniel E Stoltz,Councilmember Susan Nelson,Councilmember Philip Korst,Councilmember Andrew Gibas,Councilmember James W.Keinath,City Administrator March 13, 1998 Rick Gardner City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Rick, Please find enclosed a Letter of Understanding for provision of recreational services, for 1998. ,•� The Council approved this draft agreement at the March 1 Oth meeting. If the City of Lino Lakes also finds it acceptable, please let me know and we will have our copy signed and forwarded to you for signatures by the City of Lino Lakes. If you have any questions,please feel free to contact me. Sincerely, James W. Keinath City Administrator JWK/mh cc/Barry Bernstein /D. Phipps e i DRAFT Rick DeGardner City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Re: Letter of Understanding Recreational Services Dear Rick, The purpose of this letter is to outline the understanding of the communities of Lino Lakes and Circle Pines relative to the provision of recreational services by the City of Lino Lakes,to the City of Circle Pines. The purpose of this letter is also to extend the n term of our previous agreement. In the spirit of community cooperation,the City of Circle Pines is desirous of providing recreational opportunities to its residents through the utilization of the Lino Lakes Recreation Program and its personnel. Outlined below are the specific terms of that relationship. Time Period The time period of this agreement, for recreational service, is from April 1, 1998 to December 31, 1998. By mutual agreement the communities may extend this agreement. Program Offerings The City of Lino Lakes Parks and Recreation Department will offer to Circle Pines residents all programs that are being offered to Lino Lakes residents during the term of this agreement. At a minimum,the following programs will be offered: Open Playground Program. This program is geared towards elementary age children and will include activities such as arts and crafts, music, 1 games, etc. No registration fee will be required. The open playground program will be conducted for 185 hours at each site. There will be two program sites,Inner Park and a rotating site with two (2) days at Golden Lake School,two (2) days at Baldwin Park and Friday's at Golden Lake Park. a) Pre-school playtime b) Sports zone c) Soccer Fun Damentals d) T-ball Compensation The City of Circle Pines will compensate the City of Lino Lakes only for the open playground programs. The cost to the City of Circle Pines will be $3,500 per site. The City of Circle Pines,no later than June 300'will pay the first$3,500 to the City of Lino Lakes and, again, no later than September 30, 1998, the City of Circle Pines will pay the second $3,500. The City of Circle Pines will not contribute dollars for revenue shortfalls in any of the other program offerings by the City of Lino Lakes. The City of Lino Lakes will retain any revenue generated by these fee programs. Marketingof f Programs The Lino Lakes Parks and Recreation Department will advertise and inform area residents of program offerings. At a minimum that will include monthly information for the Circle Pines Utility or City Newsletter. The City of Circle Pines will also provide program offering information on its cable TV channel. Facilitv Space Circle Pines will provide access to Inner Park and Baldwin Park for the open playground program and will facilitate the use of Golden Lake School for the open playground program. In addition, with the advanced permission of the Circle Pines Park Superintendent, City park facilities may be reserved for delivery of recreational programs that are part of this agreement. Administrative Support The Lino Lakes Parks and Recreation Department will provide necessary administration of recreation programs including hiring of personnel and training as well as providing for written and phone registration. 2 Reports The Lino Lakes Parks and Recreation Department will provide Circle Pines quarterly reports on the number of Circle Pines' residents that took part in any of the recreational activities. Such reports shall be specific to each individual activity. Insurance The City of Lino Lakes and the City of Circle Pines mutually agree to add each other as additional insured on their insurance policies. This letter contains the full understanding of the terms under which the City of Lino Lakes will provide recreational services for the City of Circle Pines and its residents. In mutual agreement,the Cities have acknowledged and signed below. Mayor, City of Lino Lakes Mayor, City of Circle Pines n City Administrator, City of Lino Lakes City Administrator, City of Circle Pines 3 q. Parks and Recreation Department Memorandum DATE: 3/30/98 TO: Park Board Members FROM: Barry Bernstein, Recreation Program Supervisor SUBJECT: Program Update I have enclosed a brief program update for your review. If at any time you have a question or a comment, please contact my office at 780-3782,Ext. 178. Spring Program Update: Our spring brochure has been delivered to the homes within Lino Lakes. We are currently accepting registrations for a variety of programs. Tennis Tots This class has been very popular since it was developed several years ago. Registration for this program will increase as the nicer weather approaches. USTA Team Tennis League This program is set up in two separate divisions. There is a division for high school and junior high school participants. The program incorporates a team practice session and matches with surrounding communities. Registration has begun and will increase closer to school letting out for the summer. USA Tennis 1—2—3 This new program has taken the lessons we previously offered to the next level. With the support of the Northwest Tennis Association, a better curriculum has been developed. It is being sought to have an instructor taught by NWTA. Registration has been strong in our previous classes and with the new format, it is believed the classes will be even more popular. 4—Year Old T—Ball This program was developed to fill a void in the local athletic associations programs. This program is a highly fundamental program that has been very popular. Due to this program success,we have added two more classes this season to accommodate more participants. Currently, we have filled one session. 5/6—Year Old T—Ball This T—Ball program is not like any other offered in the area. Participants are not separated onto teams and play on one field. Participants are taught in the fundamentals of baseball with minimal competition. Due to the past popularity of this program, we have added additional sessions for this year. We have filled one session already. 7/8 Intermediate Baseball This program is intended for the young ballplayer who may not be quite ready for the competitive level of some of the local athletic associations. This program was offered for the first time last summer and three teams were put together. It is anticipated that we will receive enough registrations to fill three teams again this year. 7— 10 year old Girls Slow Pitch Softball League This new program is designed and developed for the young athlete who is not quite ready to participate in a fast pitch softball program. It will be operated much like our 7/8 Intermediate Baseball program, but will have softball umpires. Double Play Baseball Camp This program was offered for the first time last summer. It is a perfect alternative to the n high priced baseball camps. The local high school coaches instruct this program. Registration will pick up later this spring. Dance Class: The Department has contracted out a dance studio for instructors of this program. The relationship has worked well. The spring session will see improvements to the course description and program content. Softball Pitching Clinic: Due to this programs popularity a spring session has been added. The instructor is outstanding and the participants are responding to her teaching techniques. Adult Programs: Aerobics (wellness) programs: We are always trying to be on top of the current trends in the fitness arena. The several class offerings have been a staple with this department for a long time. With the addition of a season pass, registration has increased. The season pass allows a participant to pick and choose the classes they would like to attend. ^ Indoor Soccer: We completed accepting registration for this program. Last season we had 18 teams registered for this program. With some creatively scheduling, we accommodated 19 teams for this season. The season is under way and operating smoothly. Adult Softball: We are currently accepting registrations for the upcoming season. The registrations already received in my office are on par with previous years,but we have received more phone inquiries then in past years. It will be attempted to have forty men's teams and sixteen co—rec. team's. If this is achieved, our softball numbers will increase by eight teams. Marketing news: The spring brochure is currently being printed and has been mailed to all homes. We are also advertising programs in the Circle Pines Newsletter and the Centennial Observer. There are several programs that have been offered in past seasons with some new programs. The new programs include: Additional T—Ball programs, girls slow pitch softball, dance classes, adult tennis lessons and traveling playground will once again be offered. Other News: Part—Time Recreation Programmer: After advertising and conducting first interviews, the candidate list has been narrowed down to two people. The final interviews have been scheduled and the recommendation from the Parks and Recreation Department to the City Council is scheduled for Apri18�'. It is anticipated to have this person on board April 14t'. LINO LAKES PARKS AND RECREATION DEPARTMENT "We are working hard so you can play" REF:park board.984 CITY OF LN KE March 31, 1998 TO: Park Board Members FROM: Rick DeGardner SUBJECT: Part-time Recreation Supervisor I Position Eighteen applications were received for the Part-time Recreation Supervisor I position. All applicants were rated based on materials submitted including a supplemental questionnaire. The top seven applicants were interviewed on March 23rd and 24t". We will be interviewing the two final candidates that we feel best meet our needs on April lst and 2nd I hope to get a work agreement signed and submitted to Council for approval at their April 13th Council meeting. 3/31/98 sw/mw/sandies folder/parkbrd/PT Recreation Supervisor I.doc PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone: 617-780-1885 9 Fax: 612-784-7227 1 o. CITY OF IN KE March 30, 1998 TO: Park Board Members FROM: Mike Hoffman SUBJECT: March Parks Maintenance Update March is a month filled with training opportunities for Parks Maintenance personnel . The following is a list of conferences or seminars attended by maintenance staff during the past month. • Defensive Driving Course • MTI University - Training included irrigation systems, turf grass management, athletic field maintenance, tree and shrub selection • Equipment Maintenance (Groundsmaster 300 Series) • Shade Tree Shortcourse (Tree inspector rectification training) All of the training was excellent and benefits our department by keeping us up-to-date with the current parks maintenance practices . A number of new ideas will be implemented this year as a result of this training. Maintenance activities during the month of March have included: • Park building cleanup and painting (interior) • Garbage can inventory and acquisition (55 gal . blue plastic barrels (free) ) • Equipment maintenance (prepping for spring) • Equipment purchase (Toro 325D, late April delivery) Projects we will be working on in April include: • Hiring seasonal maintenance staff • Playground install at Sunrise Park (April 25th tentative, May 2 d back-up date) • Prepping athletic fields • Playground inspection • Trail inspection • Trail sealcoating - gather information and cost estimate • Park and grounds cleanup - spring prep. PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone: 617-780-1885 • Fax: 612-784-7227 • Energize irrigation systems (late April) • Order fertilizer • Play structure removal at Shenandoah Park Rick and I will be meeting with Bob Cierzan, Building/Grounds Supervisor for Centennial School District, on April 2nd to discuss the Centennial Middle School Agreement. There are a number of issues we feel need to be addressed before these fields are safe for practice and games . I will let you know the outcome of this meeting in my April Maintenance Update. �a. CITY OF �. [LtIN KE Designated Park Dedication Funds As of March 31, 1998 Current Balance $308,531.88 Behm's Century Farm $ 38,270.00 Rice Lake Estates 42,746.51 (+$30,000 lots) Pheasant Hills 46,547.15 Quail Ride 2,361.00 Master plan Wenzel Farms 11,398.20 Bridge Birch Park 15,000.00 1996 Goals traflAand acquisition Birchwood Acres 1,407.66 Country Lakes 259.49 Lino Air Park 4,400.00 Playground Equipment-VFW 9,000.00 Trails 15,000.00 1998 Total Dedicated Funds $186,390.01 Total Undesignated Funds $122,141.87 1998 REVENUE Jan 12 VFW Post 6583 300.00 Jan 16 VFW Post 6583 300.00 1997 REVENUE July 31 Interest $ 3,973.51 Aug 25 Pheasant Hills VII 10,070.00 Sep 19 Lang's Pine Valley 2,000.00 Sep 30 Country Lakes 11 14,840.00 Sep 30 Behm's 11 15,000.00 Sep 30 Trapper's Crossing 14,840.00 Sep 30 Twin City TownHomes 9,231.00 Dec 8 Hardwood Creek Farm 500.00 Dec 10 Ruth Andrews 500.00 TOTAL 1997 REVENUE $70,954.51 r.s PARK, RECREATION, FORESTRY, & RECYCLING DEPARTMENTS 7204 Lake Drive • Lino Lakes, Minnesota • 55014 Phone:617-780-1885 • Fax: 612-784-7227 CITY OF LINO LAKES PARK BOARD MEMBERS fa U. 3 Year Term MEMBER DATE APPOINTED TERM EXPIRES George Lindy, Chair January 1982 December 1998 6823 Est Shadow Lake Dr. March 1996 Lino Lakes, MN 55014 H) 429-3970 W) 426-8088 Fax) 426-1871 Joseph Schmidt February 1993 December 1998 6534 Hokah Drive March 1996 Lino Lakes, MN 55014 H) 486-0192 W) 788-7773 Sharon Lane February 1994 December 2000 532 - 77t" Street March 1998 Lino Lakes, MN 55014 H) 780-3281 W) 486-3316 Pamela Taschuk February 1994 December 1999 467 Post Road March 1997 Lino Lakes, MN 55014 H) 780-0696 W) 861-9800 Paul Montain March 1996 December 1998 6510 Centerville Road Lino Lakes, MN 55038 H) 653-0859 W) 426-1345 Fax) 426-3077 Jeff Reinert March 1998 December 1999 6765 E Shadow Lake Dr. Lino Lakes, MN 55014 H) 407-9150 O) 639-9903 Pat Huelman March 1998 December 2000 570 Lonesome Pine Trail Lino Lakes, MN 55014 H) 484-1427 O) Carolyn Dahl - Liaison 111 464-4459, ext . 2205 3/25/98 sw/mw/sandies folder/prkboard/members terms.doc LINO LAKES PARK BOARD - PARK LIAISONS Arena Acres Park Sharon Behms Century Farm Park Birch Park Birchwood Acres/Park Grove Brandywood Park George City Hall Park Sharon Clearwater Creek Park Country Lakes Park Joe LaMotte Park Paul Lino Park Marshan Park Pam Pheasant Hills Park Paul Quail Ridge Park George Rice Lake Estates Park Pam Shenandoah Park Joe Sunrise Park Paul Sunset Oaks Park Pam Wenzel Farm Park Pam Woods of Baldwin Lake Park Joe Woolins Park Sharon 3/25/98 ref:98 Park liaison.doc jap . COMMITTEE LIAISONS Recreat n C lid tion Committee Sharon ne Joe Sc mi t Town Center Complex Committee George Lindy City of Lino Lakes Comprehensive Plan Committee Pam Taschuk George Lindy Paul Montain Trail Committee George Lindy 3/25/98 sw/mw/sandies folder/prkboard/98 PB committee Liaisons.doc SPECIAL COUNCIL MEETING DECEMBER 4, 1997 CITY OF LINO LAKES COUNCIL MINUTES DATE December 4, 1997 TIME STARTED 7:05 p.m. TIME ENDED 9:15 P.M. MEMBERS PRESENT Mayor Landers, Council Members Bergeson, Kuether,Neal MEMBERS ABSENT Council Member Lyden Staff members present: City Administrator, Randy Schumacher. Mayor Landers opened the meeting and requested the Council to close the meeting for the purpose of conducting the annual review of the City Administrator. City Administrator Randy Schumacher presented information regarding projects and programs in 1997. The City Council filled out individual performance reviews which Mayor Landers collected and tabulated. Mayor Landers requested that this issue be placed on the next agenda for action. The City Council closed the review session and reopened the public meeting at 9:10 p.m. The regular meeting was adjourned at 9:15 p.m. The minutes were considered, corrected and a*rly ar March 23, 1998 City Council meeting. Marilyn G. Anderson, Clerk-Treasurer Ivan, Mayor Transcribed by Randall B. Schumacher 4- d COUNCIL MINUTES JANUARY 26, 1998 CITY OF LINO LAKES MINUTES DATE',,' .. January 2 ,,119, TIME'STAR I? 6 30 PM, TIME ENDBD 757 F M. MEMBERS PRESENT ; Neal,Bergeson,Lyden,Dahl,and;Sullivan "MEMBERS ABSENT: : :None Staff members present: Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Chief of Police, David Pecchia; Parks and Recreation Department Director, Rick DeGardner; Planning Coordinator, Mary Kay Wyland; and Clerk-Treasurer, Marilyn Anderson Mayor Sullivan reiterated her guidelines for Council meeting conduct, referencing compliance with Roberts Rules of Order,the City Code, and the City Charter. The basic requirement is that all who speak maintain a respectful demeanor. On a more technical note, Mayor Sullivan reminded everyone of the four-minute limit for individuals wishing to speak under"Open Mike", the vehicle by which members of the audience can address issues not included on the meeting agenda; and selection of a representative speaker for groups of five or more, said representative being allotted eight minutes to speak. SETTING THE AGENDA Mayor Sullivan made the following additions to the agenda: As Item 4.C., "Submission of Purchase Agreement for Athletic Complex", Item 9.D., "Consideration of Separation Agreement for Randy Schumacher", Item 9.E.,"Appointment of Interim City Administrator", and Item 9.F., "Consideration of Hiring Headhunter Firm and Proceeding with the Hiring Process for a New City Administrator". The Agenda was then approved as amended. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: December 29, 1997 (Agenda Item 9B) January 12, 1998 (Agenda Item 9C) 1 COUNCIL MINUTES JANUARY 26, 1998 DISBURSEMENTS: January 26, 1998 (Checks No. 49842 -49927, $1,332,613.73) Approved Centennial Fire District, January 20, 1998 Approved RESOLUTION NO. 98-03,FINAL PAYMENT, CEDAR STREET LIFT STATION Approved OPEN MIKE Tom Krantz, 7132 Lakeview, introduced himself stating that he is running for a legislative position. He explained that he has been a resident of Lino Lakes for 21 years, and that if elected he is desirous of working closely with Council and the City on upcoming projects. He asked everyone to vote in the upcoming special election,pointing out that one vote does make a difference. CONSIDERATION OF APPOINTMENTS,DAN TESCH Mr. Tesch reminded the group that at Council's last meeting a number of appointments were made and the terms of advisory board members whose terms would have expired on December 31, 1997, were extended by 90 days. During this 90-day period, recruitment will continue and selection criteria will be established. As of January 21, the following 1998 advisory board applications were received: Planning and Zoning Board (4 vacancies) Rick Gelbmann(seeks reappointment) Guy Herr(seeks reappointment) Bill Johnson(seeks reappointment) Caroline Dahl (elected to Council; 12/98 expiration) Parks and Recreation Board (3 vacancies) Kim Sullivan (elected Mayor; 12/99 expiration) Sharon Lane (seeks reappointment) Betty Piper(not seeking reappointment) Pat Huelman Economic Development Authority Advisory Board (3 vacancies) Roger Jenson(seeks reappointment) Glenn Rehbein (seeks reappointment) Dean Tollefson (resigning; 12/99 expiration) John Milbauer Patricia Rickaby 2 COUNCIL MINUTES JANUARY 26, 1998 Environmental Affairs Committee (all seeking appointment) Maurine Davidson Amy Donlin Lori Frisk-Thompson J.P. Houchins Rod Kukonen Gene Lane Mike Trehus The following appointments were recommended: Centennial Fire Steering Committee (two elected officials) -John Bergeson and Andy Neal. Vadnais Lake Area Water Management Association- Rocky Keehn. Joint Law Enforcement Agency -Andy Neal. Anoka County Correctional Program Liaison-Andy Neal. District Memorial Hospital Board- Donna Carlson. Mr. Tesch added that Council liaisons continue to be helpful,with the following appointments recommended: Department Administration-Kim Sullivan Police -Andy Neal Engineering/Public Works - Kim Sullivan Community Development- entire Council and Mayor Finance - John Bergeson Building Inspection- Chris Lyden Parks and Recreation- Caroline Dahl Environment- Chris Lyden Charter- Caroline Dahl Board Planning and Zoning - Caroline Dahl Parks and Recreation- Caroline Dahl Economic Development Authority Advisory Board- John Bergeson Environmental Affairs Committee - Chris Lyden 3 COUNCIL MINUTES JANUARY 26, 1998 Council Member Bergeson moved to approve the aforementioned appointments, as presented. Council Member Neal seconded the motion. Motion carried unanimously. PARKS AND RECREATION DEPARTMENT REPORT,RICK DEGARDNER Consideration of a Request from Anoka Electric Cooperative for an Electrical Easement in Outlot A,West Oaks Addition - Mr. DeGardner explained this request by Anoka Electric (AEC)that Lino Lakes grant a 10-foot-wide electrical easement through Outlot A of the West Oaks Addition for the purpose of ensuring adequate voltage support for area residents during peak electrical usage periods and to increase the service reliability for this and the surrounding area. The proposed connection would run approximately 1,600 feet, and would utilize underground cable installed via directional boring for minimal impact on the wetlands. Mr. DeGardner stated that AEC plans to work closely with affected residential property owners to gain appropriate equipment access in keeping with their intent to keep property disturbance to a minimum, and that AEC will repair any damage resulting from the construction process. Additionally, Mr. DeGardner explained that AEC will be responsible for all costs associated with this project, such as surveying and recording, and has agreed to provide some"in-kind services" throughout the City's park system. According to Mr. DeGardner, the City has no short- or long-term plans for this parcel of land, and would recommend approval of AEC's request. Council Member Neal requested explanation of the term"in-kind services". Mr. DeGardner �.. explained that his department has identified certain parks within the Lino Lakes area that could benefit from additional lighting service, and that AEC has agreed to provide such service in exchange for the utility easement. Council Member Lyden moved to approve Anoka Electric Cooperative's request for an electrical easement in Outlot A, West Oaks Addition, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Accepting a Trail Easement, Clearwater Creek, 2nd Addition - Mr. DeGardner reminded Council that it approved the final plat for the Clearwater Creek, 2nd Addition in September of 1996. At that time, a 15-foot-wide trail identified as "Park" on the aforementioned plat was dedicated on the rear lot lines of those parcels west of Tele Lane. According to Mr. DeGardner, subsequent to plat approval additional investigation revealed that installation of the trail as platted would result in the removal of a number of deciduous trees, including certain significant oak trees. Consequently, Staff contacted the developer and a proposal for a total easement resulted. However, due to concerns regarding the proposed trail relocation, at its September 22, 1997 meeting Council returned this proposal to the Park Board for further consideration. Through the use of visual aids, Mr. DeGardner pointed out the exact route of the proposed trail according to the amended proposal. He then explained the options reviewed by the Park Board 4 COUNCIL MINUTES JANUARY 26, 1998 at its January 5, 1998 meeting, concluding that although none were ideal the logical course of action remains to accept the trail installation according to revised easement proposal with screening where appropriate. Mayor Sullivan asked if Lot No. 5 is the only developed parcel. Mr. DeGardner responded in the affirmative, adding that the home on that lot is presently a model home. Mayor Sullivan requested confirmation that easement for this trail currently exists, to which Mr. DeGardner responded the existing easement is 15 feet along the property line; however, the requested adjustment would be subject to approval by the developer,who is in concurrence with this change. Ms. Wyland added that this request is for Council to accept the altered trail route as the new easement. Council Member Neal moved to approve the Clearwater Creek 2nd Addition easement, as presented. Council Member Lyden seconded the motion. Council Member Bergeson reiterated that none of the options are desirable, and expressed his hope that the Park Board,together with the Planning and Zoning Board, could establish appropriate guidelines for trail location. Clearly, some trails are installed too close to home sites. Motion carried unanimously. Submission of a Purchase Agreement for Athletic Complex- Mr. DeGardner explained that Staff and the Park Board have been working on a proposal for a bond referendum. One element of that referendum is the athletic complex proposed for location at Holly Drive and County Road J. Depending upon success of the referendum, Mr. DeGardner recommended approval of the Purchase Agreement between the City of Lino Lakes and Ester Noren for the purchase of her property for the sum of$676,300. Council Member Lyden asked about obligation on the part of the City beyond the $1,000 earnest money requirement. City Attorney Hawkins explained that even the $1,000 deposit would be refunded in the event the referendum should fail; therefore,there would be no obligation on the part of the City. Council Member Lyden moved to approve the agreement to purchase the Noren property for the purpose of creating an athletic complex, subject to the success of a bond referendum including that project. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL PUBLIC HEARING, MUSA Land Exchange, The Village- Mr. Wessel provided the following background for this item: Council recently approved the schematic design for the civic campus project in The Village at I-35W and Lake Drive. In order to facilitate that construction, a MUSA land trade must take place, which would shift 7.35 acres of MUSA from adjacent City- owned property to the public facilities area of the project site, which was previously a part of the County Park and did not contain any MUSA rights. 5 COUNCIL MINUTES JANUARY 26, 1998 Through visual aids Mr. Wessel pointed out the areas that would be affected. He stated that Staff �- recommended approval of this minor MUSA land exchange, which would facilitate construction of the public facilities portion of The Village in accordance with the present schedule. Mr. Wessel added that Phase II of The Village development is scheduled for 1999, and that upon completion of the City's Comprehensive Plan additional MUSA designation for this area will be available to replenish the MUSA bank. According to Mr. Wessel,this proposed exchange has been reviewed by the Metropolitan Council, which has indicated that a MUSA rights transfer can be accomplished on an administrative level in order to facilitate this exchange. Mayor Sullivan declared the public hearing open at 7:01 p.m. Joel Tagg, 7504 Lake Drive, requested clarification that the entire exchange would be among City-owned MUSA areas. Mr. Wessel responded that it would. There being no further public input, Council Member Lyden moved to close the public hearing at 7:02 p.m. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 13, MUSA Land Exchange - Council Member Bergeson moved to adopt Resolution No. 98 - 13, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 13 can be found at the end of these minutes. PUBLIC HEARING,Vacation of Drainage and Utility Easement- Mary Kay Wyland explained this request for vacation of a drainage and utility easement on the property adjacent to previously vacated property. This 12-foot drainage must be vacated so that Boe Ornamental can begin construction on its office/warehouse/manufacturing building project approved by Council in June of 1997. Mayor Sullivan asked how the property owner would be apprised of how this drainage plan is intended to function, to which Ms. Wyland responded approval of Boe Ornamental's drainage plan by the City Engineer was a condition of project approval. Council Member Lyden asked Dave Ahrens if he had any concerns regarding this process. Mr. Ahrens responded that he did not, and that it was in keeping with accepted practice. Mayor Sullivan declared the public hearing open at 7:07 p.m. There being no public input, Council Member Lyden moved to close the public hearing at 7:08 p.m. Council Member Neal seconded the motion. Motion carried unanimously. 6 COUNCIL MINUTES JANUARY 26, 1998 Consideration of Resolution No. 98 - 12,Vacation of 12-Foot Drainage and Utility Easement on West Side of the Vacated Industrial Boulevard Right-of-Way(Boe Ornamental) - Council Member Lyden moved to adopt Resolution No. 98 - 12, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 12 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 -07,21st Avenue Street and Utility Project,Receive Feasibility Report and Call Hearing on Improvement-Mr. Ahrens explained that on November 24, 1997, Council ordered the preparation of a feasibility report investigating the improvement of 21 st Avenue by street, sewer,watermain, and sanitary sewer construction from Cedar Street to Main Street. He added that the feasibility report is now complete, and that Staff is hereby requesting Council to accept the report and call for a hearing on the proposed improvements,which would be scheduled for February 23, 1998. At that time Staff together with its engineering consultant would provide a detailed review of the feasibility report. Mr. Ahrens further added that the subject area is exempt from City Charter authority and would, therefore, fall under Chapter 429 regulations. Council Member Bergeson moved to adopt Resolution No. 98 - 07, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 07 can be found at the end of these minutes. Consideration of Resolution No. 98 -08, Consideration of Joint Powers Agreement with City of Centerville,21st Avenue Street Construction and Maintenance- Mr. Ahrens explained that, with Council's approval of the Clearwater Creek Business Center plat,the need has arisen for a joint powers agreement between the City of Lino Lakes and the City of Centerville. The Clearwater Creek Business Center plat is located south of Main Street between 35E and 21 st Avenue, with 21 st Avenue being the road serving the plat. 21 st Avenue lies over the corporate boundary between Lino Lakes and Centerville. One of the main issues is improvement of 21 st Avenue, and cost-sharing and maintenance responsibilities between Lino Lakes and Centerville must be determined. Mr. Ahrens stated that the proposed Agreement has been reviewed by the City Attorney,the City's engineering consultant, and Staff. The Agreement is currently under review by Centerville officials, discussion having taken place at a January 21 work session and possible action by January 28. No outstanding issues were known to Staff as of this presentation. The Agreement allows for all project costs, with the exception of property acquisition, related to street and storm sewer work to be split equally between the two cities. Utility work being within Lino Lakes, it will assume that responsibility. However,maintenance responsibilities would include winter snow removal and sanding by Centerville with Lino Lakes providing street sweeping, pothole filling and crack sealing. Future sealcoating would be covered under separate 7 COUNCIL MINUTES JANUARY 26, 1998 agreement, according to Mr. Ahrens. Additionally, each city would have to approve the other's driveway locations. Council Member Lyden asked why seal coating is not included within the proposed Agreement. Mr. Ahrens stated that a separate agreement covering seal coating would allow the City more flexibility; that it would be beneficial to avoid becoming"locked in"to that aspect of the project at this time. Council Member Lyden moved to adopt Resolution No. 98 - 08, as presented. Council Member Bergeson seconded the motion. Council Member Neal asked Mr. Ahrens if Centerville is in favor of the terms of the proposed Agreement. Mr. Ahrens responded in the affirmative. Motion carried unanimously. Resolution No. 98 - 08 can be found at the end of these minutes. Consideration of Resolution No. 98 - 09, Lake Drive Trunk Utility Project, 79th Street to Lino Lakes Elementary School, Order Improvement and Preparation of Plans and Specifications - By way of background, Mr. Ahrens explained that the public hearing for the Lake Drive Trunk Utility Project was held on Monday,November 24, 1997. The 60-day waiting period has expired within which petitions could be submitted to the City in favor of or against the �.. Project, none having been received. Two letters were provided to Council expressing favor with the Project, which includes construction of trunk and lateral sanitary and watermain along Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School. The trunk sanitary sewer line is proposed for location on the east side of Lake Drive, with a lateral sanitary sewer line of smaller diameter located on the west side providing service to the realty building and properties to the south. A later sanitary sewer line is proposed for extension west along the south shoulder of Main Street providing service to the properties located south of Main Street. Utility stubs are proposed to accommodate future extensions of that system. Mr. Ahrens added that funding and special assessments are outlined in the feasibility report according to State Statutes and the Lino Lakes Charter. The estimated cost for this project is $836,479, with funding to come through the Area and Unit Fund and through special assessments calculated according to the Lino Lakes Public Improvement Financing Policy to be levied against benefiting properties as property owners connect to the utility system. Mr. Ahrens offered the following Project schedule: Order Project January 26, 1998 Neighborhood meeting February 24, 1998 (tentative) Council approves plans March 9, 1998 Council authorizes ad for bids March 9, 1998 8 COUNCIL MINUTES JANUARY 26, 1998 Bid opening April 9, 1998 Council awards bid April 13, 1998 Construction begins July, 1998 Substantial completion October, 1998 Mayor Sullivan requested confirmation that this project would accommodate future development in the area. Mr. Ahrens stated that utilities could easily be extended further along Lake Drive, as well as to serve other adjacent areas. Council Member Bergeson asked if financing would include a bond,to which Mr. Ahrens responded in the affirmative. Council Member Bergeson then asked if connection to utilities would be voluntary, and how many are anticipated to utilize these improvements initially. Mr. Ahrens stated that connection would be voluntary, and that it was difficult to estimate initial connection. The elementary school would be one initial user. Council Member Neal asked if the utilities would run south and west at the freeway. Mr. Ahrens explained that they would be installed between Lilac and Apollo Drive. Council Member Neal requested clarification that they would only run as far as 79th Street,to which Mr. Ahrens responded in the affirmative. Council Member Neal then asked about the cost for a commercial connection as opposed to residential. Mr. Ahrens responded that the residential rate would be approximately $8,800, with commercial being higher. He pointed out that the Bisel Amendment would come into play. Council Member Neal asked about the police station specifically, to which Mr. Ahrens responded the approximate cost would be $20,000. Council Member Bergeson moved to adopt Resolution No. 98 - 09, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 09 can be found at the end of these minutes. Consideration of Resolution No. 98 - 10, Black Duck Drive Lift Station Ordering Preparation of Plans and Specifications -Mr. Ahrens explained this request for authorization to prepare plans and specifications to construct a new lift station to serve the Black Duck Drive area. He stated that the volume of waste water flow entering the existing Black Duck Drive lift station has exceeded its capacity and, in order to accommodate the higher flow volumes,the pump cycles at an extremely high rate which contributes to excessive wear. This lift station consists of a wet well to store waste water, which is connected to a separate dry well which houses the pump and fittings. This design requires that maintenance personnel enter the dry well to work on the pumps, which requires special safety precautions in order to meet OSHA rules. Mr. Ahrens explained that Staff is currently proposing construction of a new lift station consisting of a wet well and submersible pumps on the east side of Black Duck Drive within the unimproved Captains Place right-of-way. This would allow for continued use of the existing lift station during construction of the new one. Additionally, the new design would eliminate the 9 COUNCIL MINUTES JANUARY 26, 1998 unsightly pump house, as all components would be underground with the exception of a control panel. The proposed project would be less complex and less expensive, according to Mr. Ahrens. The timing of this proposed construction would coincide with the reconstruction of streets in the Black Duck Drive area, making it more economical at this time rather than in the year 2000 as proposed in the Capital Improvement Plan. Mr. Ahrens stated that funding for this project would be from the City's Area and Unit Fund, which was specifically created to fund trunk improvements such as lift stations. No public hearing is required prior to approval of this project since no special assessments are proposed. Council Member Bergeson requested clarification whether this request is to prepare plans and specifications and order improvements,or just to order plans and specifications. Mr. Ahrens explained that the intent was for approval of both. Council Member Bergeson expressed concern regarding use of the Area and Unit Fund, suggesting that Staff develop a report outlining what might be chargeable. Mr. Ahrens indicated that such information could easily be produced. Council Member Bergeson requested confirmation that, in the event Resolution No. 98 - 10 is adopted at this time, the opportunity would remain to deny the project. Mr. Ahrens confirmed that there would be at least one more opportunity to review and consider this matter. Council Member Bergeson moved to adopt Resolution No. 98 - 10 ordering preparation of plans and specifications, Blackduck Drive Lift Station. Council Member Lyden seconded the motion. Motion carried unanimously. It was agreed that the request for ordering the improvements themselves would be included in subsequent consideration. Resolution No. 98 - 10 can be found at the end of these minutes. Consideration of Resolution No. 98 - 11 Authorizing Inflow and Infiltration Loan and Grant Application - Mr. Ahrens presented correspondence from the Metropolitan Council Environmental Services (MCES),which invited communities to apply for loans and grants to fund sanitary sewer projects and studies for reduction of inflow and infiltration of clear water into the municipal sanitary sewer system. In order to take advantage of these funds, the MCES requires adoption of a resolution by each community indicating its interest in pursuing this program. Mr. Ahrens explained that communities that utilize the MCES treatment facility are charged for actual volume of sanitary waste water treated. Any reduction in inflow and infiltration will have an immediate benefit to the community by way of reduction in the amount paid to the MCES. These costs are the major portion of the sanitary sewer utility fee paid by residents of Lino 10 COUNCIL MINUTES JANUARY 26, 1998 ^ Lakes, and any reduction in MCES costs could prevent increases in the utility fee. Mr. Ahrens provided a graph from MCES illustrating the peak inflow and infiltration from Lino Lakes. With the Lakes Addition Street Reconstruction Project and the planned Inflow and Infiltration Study, both of which are eligible for funding through the MCES program, the timing of this invitation is particularly beneficial to Lino Lakes. Council Member Lyden moved to adopt Resolution No. 98 - 11, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 11 can be found at the end of these minutes. OLD BUSINESS -None. Mayor Sullivan expressed appreciation to Staff for meeting preparation, to Mr. Tesch for improvements to the cable television system, and to Ms. Anderson for compilation of the Community Calendar. COMMUNITY CALENDAR SPECIAL ELECTION, Tuesday,January 27, 1998 Trails Committee Meeting,Tuesday,January 27, 1998, 7:00 p.m.,Parks and Recreation Building Environmental Committee Meeting,Wednesday,January 28, 1998, 7:00 p.m. Citizens Advisory Group (CAG) Meeting, Wednesday,January 28, 1998, 7:00 p.m. Quail Ridge Master Plan Neighborhood Meeting, Thursday,January 29, 1998, 7:30 p.m., Lino Lakes Fire Station. Comprehensive Land Use Plan Committee Meeting,Thursday,January 29, 1998, 6:00 p.m. Parks and Recreation Board Meeting, Monday,February 2, 1998,6:30 p.m. City Council Work Session,Wednesday, February 4, 1998, 5:30 p.m. Economic Development Authority Advisory Board (EDAAB) Meeting, Thursday,February 5, 1998, 7:00 a.m. City Council Meeting,Monday,February 9, 1998, 6:30 p.m. Planning and Zoning Board Meeting, Wednesday,February 11, 1998, 6:30 p.m. 11 COUNCIL MINUTES JANUARY 26, 1998 City Council work Session,Wednesday, February 18, 1998, 5:30 p.m. Comprehensive Plan Task Force/Citizens Advisory Group Public Forum, Saturday, February 21, 1998,9:00 a.m. Environmental Committee Meeting, Wednesday, February 25, 1998, 7:00 p.m. NEW BUSINESS Consideration of Letter of Resignation from Cynthia Larson,Police Department-Mr. Tesch informed Council of Cynthia Larson's letter of resignation from her position with the Lino Lakes Police Department, stating that her service was appreciated and that she is wished well in her future endeavors. Council Member Lyden moved to accept Cynthia Larson's resignation from the Lino Lakes Police Department. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Minutes,December 29, 1998 - Council Member Bergeson moved to approve the December 29, 1998 minutes as presented. Council Member Lyden seconded the motion. Motion carried, with Council Member Dahl and Mayor Sullivan abstaining. Consideration of Minutes,January 12, 1998 - Council Member Bergeson moved to approve the January 12, 1998 minutes as presented. Council Member Lyden seconded the motion. Motion carried, with Council Member Neal abstaining. Consideration of Separation Agreement for Randy Schumacher- Mayor Sullivan explained that, according to the terms of his employment contract, Mr. Schumacher had resigned as City Administrator, effective January 26, 1998. She added that Mr. Schumacher had agreed to remain available for consultation purposes for 120 days pending the selection of a new City Administrator. Council Member Neal moved to accept Randy Schumacher's resignation. Council Member Dahl seconded the motion. Council Member Bergeson pointed out that the Separation Agreement was indeed signed by Mr. Schumacher, indicating his desire to terminate his employment with the City of Lino Lakes and to pursue other opportunities. He expressed appreciation for Mr. Schumacher's efforts over the years as City Administrator, and wished him well in his future endeavors. Council Member Bergeson then expressed a number of concerns regarding the manner in which the Separation Agreement was reached. First, the Charter states explicitly that the City Administrator is responsible to the entire City Council, and that the Separation Agreement should have been a joint effort of the entire body not just the Mayor. He indicated his surprise that the City Attorney had worked with Mayor Sullivan to develop this Agreement without authorization from the entire Council, questioning its appropriateness. Additionally, Council 12 COUNCIL MINUTES JANUARY 26, 1998 Member Bergeson pointed out that certain provisions of the Agreement, such as vacation of the City Administrator's office and discussions regarding interim management, have been put into motion,which is inappropriate absent ratification of the Agreement by Council vote. Finally, Council Member Bergeson requested a roll call vote on this matter. Mayor Sullivan reiterated that the City Administrator has resigned in order to pursue other opportunities. Motion carried,pursuant to the following roll call: Council Member Bergeson- no Council Member Dahl -yes Council Member Neal -yes Council Member Lyden-yes Mayor Sullivan-yes Appointment of Interim City Administrator- Mayor Sullivan explained that it is the role of the Mayor to analyze and make recommendations to Council regarding city administration issues. She pointed out that the City currently employs many good department heads,who she hopes will continue their excellent work during the transition period between Mr. Schumacher's resignation and the designation of a new City Administrator. Mayor Sullivan then announced that, due in large part to his ability to assume managerial duties in the face of significant change, she would recommend Police Chief Pecchia as Interim City Administrator. Council Member Bergeson expressed concern that a union employee would not be an appropriate choice for a management position. Mayor Sullivan indicated that she had investigated this issue, and had been advised that Chief Pecchia would have to take a leave of absence or resign from the union during his tenure as Interim City Administrator. Council Member Neal stated his favor with appointment of Chief Pecchia as Interim City Administrator, asking for an estimate of how long the hiring process would take. Mayor Sullivan indicated that it might take from four to six months to fill this position on a permanent basis. Council Member Neal added his feeling that, while acting as Interim City Administrator, Chief Pecchia should be compensated accordingly, especially given the fact that he would have to remove himself from his union affiliation during the interim period. Mayor Sullivan suggested that the issue of compensation be discussed at the Council's next work session. Council Member Lyden moved to approve the appointment of Chief Pecchia as Interim City Administrator. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson voting no. ,.N Consideration of Proceeding with Hiring Process for New City Administrator- Mayor Sullivan indicated the need to provide direction to Staff with regard to hiring a selection agency and proceeding with the hiring of a new City Administrator. 13 COUNCIL MINUTES JANUARY 26, 1998 Council Member Bergeson agreed that a consultant would be appropriate, and suggested that a list of search firms be provided for Council's evaluation. Council Member Bergeson moved that Mr. Tesch and Chief Pecchia be authorized to provide Council with a list of recommended search firms. Council Member Neal seconded the motion. Motion carried unanimously. ADJOURN Council Member Lyden moved to adjourn at 7:57 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council eeti g, February 9, 1998. - J Ki berly ullivan, Mayor Transcribed by: Judy Pope TimeSaver Off-Site Secretarial, Inc. 14 Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-03 RESOLUTION APPROVING PAYMENT 5 (final) and CHANGE ORDER NO. 1 FOR CEDAR STREET LIFT STATION PROJECT WHEREAS, the construction of Cedar Street Lift Station Project has been completed by Northdale Construction Company, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of$5,429.96 is approved. 2. Payment number 5 (final) in the amount of$28,596.37 is approved for a total contract amount of$243,554.96. Adopted by the City Council this 26th d y nua 998. Ki b rly . Sullivan, Mayor M rilyn d. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on January 266,, �1998. lo-IN 12ILL, Marilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES ..� RESOLUTION NO. 98-1.5 RESOLUTION APPROVING MUSA LAND EXCHANGE AND REALLOCATION FOR THE VILLAGE WHEREAS,to facilitate construction of the new Civic Complex at The Village consisting of a police station, city hall and early childhood facilities a MUSA Land Exchange is necessary,and WHEREAS,the City currently owns property to the north and west of the proposed Civic Complex (identified as Parcels 1 & 2 on Exhibit A)that can be used for this MUSA exchange,and WHEREAS, the City Council has determined that construction of this Civic Complex is in the best interest of the City,and WHEREAS,the City wishes to reallocate the 7.35 acres of MUSA Designation currently on Parcels 1 &2 to the Civic Complex upon receipt of Title from the County for Parcel 3, and WHEREAS, the City will reestablish MUSA Designation to Parcels 1 & 2 upon completion of the Comprehensive Plan and approval by the Metropolitan Council, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that 7.35 acres of MUSA designation shall be allocated from Parcels 1 & 2 to Parcel 3, the Civic Complex site, as shown on Exhibit A, and BE IT FURTHER RESOLVED,that MUSA Designation will be reestablished on Parcels 1 & 2 upon completion of the Comprehensive Plan and approval by thejiy itan Cou il. Adopted by the Lino Lakes City Council this 2January 98.E A. Ilivan, Mayor ATTEST: Mari yn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. A7 Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 12 RESOLUTION VACATING 12' DRAINAGE AND UTILITY EASEMENT ON EAST SIDE OF LOT 1 BLOCK 1, LINO INDUSTRIAL PARK WHEREAS, a 12' drainage and utility easement was originally platted on the east side of Lot 1, Block 1, Lino Industrial Park, and WHEREAS, this 12' drainage and utility easement is no longer required and the property owner wishes to construct a building over said easement, and WHEREAS, Industrial Boulevard was vacated by the City in May of 1997 and the vacated right-of-way returned to the owner of Lot 1, Block 1, Lino Industrial Park to facilitate the proposed construction, and WHEREAS, the City Council of the City of Lino Lakes held a Public Hearing on Monday, January 26, 1998 concerning said vacation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the following described draiange and utility easement: That part of the 12.00 foot wide drainage and utility easement located on Lot 1,block 1, Lino Industrial Park,Anoka County,Minnesota, lying north of the south 20.00 feet of said Lot 1 and lying south of the north 67.00 feet of said Lot 1 is hereby vacated. Adopted by the Lino Lakes Pi ouncil t isl day of January, 1998. Ifi rly . Sullivan, Mayor ATTEST: "� aul 1✓J Marilyn G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-07 RESOLUTION RECEIVING REPORT and CALL HEARING ON IMPROVEMENT- 21ST AVENUE STREET ANb UTILITY PROJECT. WHEREAS, pursuant to resolution of the Council adopted November 24, 1997, a report has been prepared by TKDA, Inc., with reference to the improvement of 21st Avenue by constructing watermain, sanitary sewer, storm sewer and street, and this report was received by the council on January 26, 1998, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, 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 streets 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 Lino Lakes City Charter at an estimated total cost of the improvement of$. 2. A public hearing shall be held on such improvement on the 23' day of February, 1998, 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 261h dayIK , 4A. u van, Mayor Varilyn' . Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. d Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-08 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT WITH CENTERVILLE FOR 21ST AVENUE IMPROVEMENTS AND MAINTENANCE. WHEREAS, a portion of the 21st Avenue Street and utility Project is within the corporate boundaries of Lino Lakes and a portion of the project is within the corporate boundaries of Centerville, WHEREAS, Minnesota Statutes, Section 471.59, allows Cities to enter into Joint Powers Agreements, AND WHEREAS, the City of Lino Lakes and the City of Centerville acknowledge and agree that improving 215t Avenue benefits both Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ^ OF LINO LAKES, MINNESOTA: 1. hereby authorize and direct the Mayor and City Clerk to sign the Joint Powers Agreement with Centerville for 215t Avenue Improvements and Maintenance. Adopted by the City Council this 26th d y ua 98. Sul ' an, Mayor Marilyn G. Anderson Clerk-Treasurer The motion for 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, Dahl, Lyden, Neal. Sullivan. The following voted against same: none- Whereupon said resolution was declared passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: u CITY OF LINO LAKES RESOLUTION NO. 98-09 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS-LAKE DRIVE TRUNK UTILITY IMPROVEMENTS FROM 79TH STREET TO MAIN STREET AND MAIN STREET FROM LAKE DRIVE TO LINO LAKES ELEMENTARY SCHOOL. WHEREAS, a resolution of the City Council adopted the 13th day of October 13, 1997, fixed a date for a council hearing on the proposed improvement of Lake Drive from 79th Street to Main Street and along Main Street from Lake Drive to Lino Lakes Elementary School by constructing watermain and sanitary sewer, and WHEREAS,ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 24th day of November, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 13'h day of October, 1997. 3. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improve6, 1 Adopted by the Lino Lakes City Council this 26 d o J nuKi e y A Mayor Maril n G. Xnderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. N%-W• Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. A- 10 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, BLACKDUCK DRIVE LIFT STATION WHEREAS, the existing lift station located on Blackduck Drive is deficient in design, WHEREAS, the Lino Lakes Capital Improvement Plan includes the upgrade of the Blackduck Drive lift station in year 2000, WHEREAS, the City Council of Lino Lakes has ordered the Lakes Addition Street Reconstruction Project that is adjacent to the Blackduck Drive lift station, AND WHEREAS, there are certain benefits to constructing a new lift station at the same time as the Lakes Addition Street Reconstruction Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. SEH, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 26th day of a uary, 1998. I 1 Ki rly' ullivan, Mayor �ilynG. erson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. Y l � Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 11 RESOLUTION AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO SUBMIT A LOAN OR GRANT APPLICATION FOR METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES INFLOW/INFILTRATION CONTROL PROJECTS WHEREAS, the Metropolitan Council Environmental Services is inviting communities to apply for loans or grants for Inflow/Infiltration Control Projects, AND WHEREAS, the City of Lino Lakes has Inflow and Infiltration of clear water into its sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby authorize and direct the Public Works Director to apply for loan and grants offered by the Metropolitan Council Environmental Services for Inflow/Infiltration Control Projects Adopted by the Lino Lakes City Council this th day of nuary, 1998. i erly AjSuTlivan, Mayor Marilyn G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. COUNCIL MINUTES FEBRUARY 9, 1998 CITY OF LINO LAKES MINUTES ME I Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; and Environmental Coordinator, Marty Asleson Mayor Sullivan repeated the guidelines for Council meeting conduct, referencing compliance with Roberts Rules of Order, the City Code, and the City Charter. She reminded everyone of the time limits for speaking under Open Mike, adding that the basic requirement for addressing City Council is that all who speak maintain a respectful demeanor. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: January 26, 1998 DISBURSEMENTS: January 30, 1998 ($5,785.55) Approved February 9, 1998 (Checks No. 49943 - 50036, $313,258.25) Approved Centennial Fire District, January 20, 1998 Approved 1 COUNCIL MINUTES FEBRUARY 9, 1998 RESOLUTION NO. 98- 14 AUTHORIZING THE ISSUANCE OF 1998 CERTIFICATES OF INDEBTEDNESS Approved OPEN MIKE No one appeared under Open Mike. SECOND READING ORDINANCE NO. 29 -97 AMENDING CITY CODE BY REMOVING CERTAIN SECTIONS OF CHAPTER NO. 207 FOR MORE EFFICIENT ADMINISTRATION OF HUMAN RESOURCES MANAGEMENT,DAN TESCH Mr. Tesch explained that this ordinance was presented for first reading in October of 1997. Its purpose is to replace Section 207 of the City Code based upon consultation with neighboring municipalities, which section deals with the City's personnel policies. Council Member Bergeson moved to approve Ordinance No. 29 - 97, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 29 - 97 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 98 - 15 DESIGNATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE CITY OF LINO �.. LAKES FOR FUNDING YEAR 1998-99, PAULA SCHLOER Ms. Schloer stated that the City held a public hearing on January 12, 1998 to allow the citizens and agencies of Lino Lakes the opportunity to request Community Development Block Grant dollars. She added that the City currently has $34,801 for 1998-99 activities. Ms. Schloer presented the following allocation of these funds as recommended by Council: Anoka County Community Action Program $ 3,400 Alexandra House 4,000 Community Emergency Assistance Program 1,000 Forest Lake Youth Service Bureau 5,000 Meals-on-Wheels 1,885 ARC of Anoka and Ramsey Counties 1,000 Lino Lakes Senior Citizen Coordinator Program 18,516 Ms. Schloer explained that 13% of the overall County grant may be allocated towards public services and 20%towards planning projects. There remains the possibility that after grant requests have been submitted the County may respond with cuts should these percentages be exceeded. 2 ' S f COUNCIL MINUTES FEBRUARY 9, 1998 Mayor Sullivan asked if it would be necessary to bring this matter back to a work session. Ms. Schloer responded that in the event the County disagrees with the recommended allocations,this issue will need to be brought back to a Council work session. Council Member Lyden moved to adopt Resolution No. 98 - 15, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 15 can be found at the end of these minutes. ENVIRONMENTAL COORDINATOR'S REPORT,MARTY ASLESON Consideration of Appointing Consulting Firm to Conduct Environmental Inventory - Mr. Asleson provided the following background for this item: Requests for proposals were sent out to solicit a consultant for the purpose of developing an inventory of the natural resources in Lino Lakes and to develop a management plan for these resources. Proposals were reviewed by Staff and the Environmental Committee, and interviews were conducted with the following three consulting agencies: Bonestroo, BRW, and Brauer/Applied Ecological Services. The Environmental Committee met on February 3 to make the final decision. Brauer/Applied Ecological Services was chosen. Mr. Asleson indicated that J. P. Houchins was present at the meeting to respond to any questions by Council. Council Member Bergeson pointed out that originally a different firm was presented, and Council asked that other firms be investigated, primarily for the purpose of comparing proposed costs. Mr. Houchins explained that the first firm was presented as an example, and was not intended as a final recommendation. Mayor Sullivan asked that Mr. Houchins express to the Environmental Affairs Committee Council's appreciation for the sincere efforts regarding this important issue. Council Member Lyden moved to approve appointment of Brauer/Applied Ecological Services to conduct environmental inventory. Council Member Dahl seconded the motion. Mr. Houchins requested clarification as to the process from this point forward. City Attorney Hawkins responded that the next step is to receive a contract for the City's review, with the final document presented to Council for final approval. Council Member Lyden expressed concern for the timeliness of this project. Mr. Hawkins indicated that time limits can be added to the contract, and Mr. Houchins stated that discussions had taken place regarding the City's timetable in light of the Comprehensive Plan. Council Member Bergeson added the two-year budget consideration, and Mr. Houchins assured the group that the process will take at least two years. 3 COUNCIL MINUTES FEBRUARY 9, 1998 Mayor Sullivan asked if the contract could be negotiated within the next week. Mr. Hawkins indicated that there should be no problem, so long as a contract is provided right away. Motion carried unanimously. LCMR Greenway Resubmittal for Clearwater Creek- Mr. Asleson explained that the Clearwater Creek Greenway Grant Proposal is a cooperative project involving the cities of Hugo, Lino Lakes,Centerville, Anoka County Parks, and the Rice Creek Watershed District. The total biennial project budget is$1,300,000 in addition to Rice Creek Watershed's contribution. Lino Lakes' contribution is factored at$250,000, and is calculated as project costs for the greenway including land acquisition, surface water management and water quality improvement engineering and development,vegetation establishment, and trail construction. He added that this grant request was submitted to the Legislative Commission on Minnesota Resources (LCMR) last year and,although not funded, found support at the Commission hearings. The grant has been revised and upon Council approval will be resubmitted to the LCMR for fiscal year 1999 funding. The deadline for submission of this grant is February 13. Council Member Bergeson asked if Centerville's location change has the effect of diminishing Lino Lakes' eligibility for this grant. Mr. Asleson explained that Centerville's change enhances Lino Lakes' ability to receive the grant, as delay would only result in a greater chance of losing this greenway. Mayor Sullivan asked about the funding for purchase of the Lino Lakes land designated for the greenway. Mr. Asleson responded that the funds would come from the surface water management matching funds. Mayor Sullivan also asked about agreements with the present landowners, to which Mr. Asleson responded tentative agreements have been reached. Mayor Sullivan suggested that Mr. Wessel be provided with information regarding this matter for inclusion in the Comprehensive Plan prior to taking it to the neighborhoods. Mr. Asleson indicated that he would work with Mr. Wessel in this regard. Council Member Bergeson moved to approve the request to resubmit the Clearwater Creek Greenway grant proposal to LCMR. Council Member Lyden seconded the motion. Motion carried unanimously. DISCUSSION OF FIRE FIGHTER PENSION, MILO BENNETT Mr. Bennett explained that the firefighter pension fund investments have been fruitful, and that the fund can support a benefit increase from $2,400 per year of service to $3,000 per year of service. He introduced Des Ingland, President of the relief association, and Jerry Peterson, treasurer. Mr. Bennett added that the Fire District Steering Committee has approved the proposed increase. Council Member Bergeson asked if the calculations leading to the proposed increase were reviewed by an actuary or some other pension professional. Mr. Bennett explained that by 4 COUNCIL MINUTES FEBRUARY 9, 1998 paying only a lump-sum pension,an actuarial is not required. However, he added that the formulas used are dictated by State law, and Mr. Peterson added that an official audit is conducted annually. Mayor Sullivan noted that Mr. Bennett had received very high praise from members of the Quad Cities Mayors' group at its recent meeting, and thanked Mr. Peterson for his management efforts. Council Member Lyden moved to approve the Fire Fighter Pension increase, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 16, Authorize Advertisement for Bids, Lilac Street Utility Extension Project- Mr. Ahrens explained that the Lilac Street Utility Extension Project includes the extension of sanitary sewer and water main along Lilac Street from Fourth Avenue to Apollo Drive. The public hearing and ordering of plans and specifications for this project took place on July 28, 1997. The plans and specifications were approved and advertisement for bids was authorized on August 25, 1997. Bids were received on October 27, 1997 and, per Staff s recommendation, the bids were rejected as being too high. At that time Staff recommended that the project be readvertised this Spring, and adoption of Resolution No. 98 - 16 would allow Staff to go forward with that process. Mr. Ahrens described this project as installation of 12" water main and sanitary sewer along Lilac Street that would serve properties both north and south of Lilac. At present, only those parcels lying south of Lilac are within MUSA boundaries; therefore, they would be able to connect to the sanitary sewer system. Mr. Ahrens mentioned Boe Ornamental and Lino Blacktop as two businesses which previously received site plan approval to expand and will require this municipal utility service. The project is estimated to cost $180,162.75, and funding is proposed through the City's area and unit fund with assessments and connection charges collectable from property owners as they connect. Assuming Council approval at this time, Mr. Ahrens indicated that bid opening would take place on March 17 with the contract awarded on March 23; construction would begin on April 6, and be completed in June. Council Member Bergeson asked if the Fourth Avenue parcels 9, 10 and 11 already have improvements. Mr. Ahrens explained that there is an existing water main and sanitary sewer which extends from Apollo Drive north on Fourth Avenue west toward the Behm's Century Farms development which serves those parcels. Mayor Sullivan asked if in the future the area north of Fourth Avenue would be designated as MUSA. Mr. Wessel indicated that the intent is to have the area north included in MUSA. Mr. Ahrens added that Molin Concrete is considering using municipal service following its proposed expansion, assuming MUSA designation occurs. 5 COUNCIL MINUTES FEBRUARY 9, 1998 Council Member Bergeson moved to adopt Resolution No. 98 - 16, as presented. Council Member Dahl seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 16 can be found at the end of these minutes. Consideration of Professional Services Agreement Between Lino Lakes and BRW, Inc. - Mr. Ahrens explained that Staff is requesting Council authorization to enter into a professional services agreement with BRW,Inc., a multi-discipline engineering firm providing civil engineering, environmental engineering,planning, and other professional services. Past experience with BRW's municipal and environmental engineering groups has been very positive. The reason for this request is due to increased demand upon the consulting engineers currently employed by the City,creating difficulty in meeting deadlines and maintaining the City's quality standards. According to Mr. Ahrens, BRW has completed previous work for Lino Lakes, including wetland delineation reports for the Village site and the Clearwater Creek Business area, as well as the Street Reconstruction Program Report. Council Member Dahl asked if the City has ever retained any other engineering consultant. Mr. Ahrens could not recall any others, and indicated that BRW promises to be a worthy addition to the present consulting staff. Mayor Sullivan asked if perhaps the City may need to consider adding to its Staff in this area. Mr. Ahrens indicated that he has considered Staff adjustments in plans for the future, but that there would be no financial gain to adding Staff as opposed to adding a consulting firm. Council Member Bergeson moved to approve an agreement for professional services between Lino Lakes and BRW, Inc. Council Member Lyden seconded the motion. Motion carried unanimously. OLD BUSINESS -None. COMMUNITY CALENDAR Planning& Zoning Board Meeting, Wednesday, February 11, 1998, 6:30 p.m. Quail Ridge Park Master Planning-2nd Meeting,Thursday, February 12, 1998, 6:30 p.m., Fire Station City Hall Closed, Monday, February 16, 1998 Citizens' Advisory Group,Tuesday, February 17, 1998, 7:00 p.m. Friends of the Park,Tuesday, February 17, 1998, 7:00 p.m. Council Work Session, Wednesday, February 18, 1998, 5:30 p.m. 6 COUNCIL MINUTES FEBRUARY 9, 1998 Charter Commission/City Council Meeting,Thursday, February 19, 1998,8:00 p.m. (following the Comprehensive Plan Meeting) Comprehensive Plan Meeting, Thursday, February 19, 1998,6:00 p.m. Comprehensive Plan Task Force/Citizens' Advisory Group Public Forum, Saturday, February 21, 1998,9:00 a.m. Mayor Sullivan encouraged citizen attendance at these meetings to ensure that the plans for the City's development are being carried out according to their understanding and satisfaction. NEW BUSINESS -None. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 7:02 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at tl�e r lar junc' eeting, February 23, 1998. C �l l G�L f M ilyn Anderson, Clerk-Treasurer 1 9. u ivan, Mayor Transcribed by: Judy Pope TimeSaver Off-Site Secretarial, Inca 7 Council member LydPn introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO.98-14 RESOLUTION AUTHORIZINGTHE ISSUANCE OF 1998 CERTIFICATESOF INDEBTEDNESS WHEREAS,the 1998 budget called for the issuance of certificates amounting to$287,734,and WHEREAS,the Area and Unit Fund(406)has sufficient reserves to issue a loan,and WHEREAS,a special levy will pay for these certificates in 1999,2000 and 2001. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund(401),on terms hereinafter set forth,is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $287,734 authorized by the City Council pursuant to the provisions of Minnesota Statutes,Section 412.301;for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 1998 and shall be payable. to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY,MINNESOTA 1998 CERTIFICATEOF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes,the sum of$287,734 plus interest at 6% per annum in three installments in 1999,2000 and 2001 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated February 9, 1998 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301,and is to be effective as of February 1, 1998. It is Hereby Certified and Recited,that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal an(' interest on this Certificate,together with all other existing indebtedness of the said City, does not exceed and constitutional or statutory limitation on indebtedness. Page 2 Adopted by the City Council of Lino Lakes,Minne 9t d February,1998. an,Mayor A The motion for1he adoption of the foregoing resolution was duly seconded by Rarr[asnn and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: Page 3 SCHEDULE OF PAYMENTS 1998 CERTIFICATES OF INDEBTEDNESS-$287,734 FEBRUARY 1, 1998 PRINCIPAL INTEREST TOTAL December31, 1998 $ 95,734.00 $33,052.00 $128,786.00 December31, 1999 96,000.00 11,520.00 107,520.00 December31,2000 96,000.00 5,760.00 101,760.00 Total $287,734.00 $50,332.00 $338,066.00 Interest Rate-6% Levy 1998 Payable 1999 $135,225.00(includes 5%overlevy) Levy 1999 Payable 2000 107,520.00 Levy 2000 Payable 2001 101,760.00 Total $344,505.00 Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 29-97 AN ORDINANCE REPEALING SECTION 207 OF THE CITY CODE AND REPLACING IT WITH THE FOLLOWING: 207.01 Appointments. The city council shall make every appointment to a regular position of city employment. Each appointment shall be based on merit and qualifications for the position as determined by the city administrator. 207.02 Holiday The following shall be the official holidays for the city, and no official business shall be conducted on them: New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; President's day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; the Friday after Thanksgiving Day; Christmas Eve, December 24; Christmas Day, December 25, and New Years Eve Day, December 31. The holidays which fall on a Saturday will be observed the preceding Friday. Those which fall on a Sunday will be observed the following Monday. 207.03 Discipline. Discipline for all city employees shall be fair and consistent, and administered according to the steps as proscribed in the city's personnel policy or bargaining agreement, whichever might apply. 207.04 Administration. The city administrator may establish such administrative policies and procedures as may be appropriate to administer the employment practices of the city. All city employees shall comply with these policies and rules. 207.05 Compensation Plan. The city administrator will establish and maintain a compensation plan for all regular positions which will be reviewed and approved by the city council on an annual basis. 207.06 Indemnification. The city or its insurance carrier will defend and indemnify all of its officers and employees, whether elective or appointive, against any claim or demand arising out of an alleged act or omission occurring in the performance of their official duties or employment. If judgment is rendered in favor of the officer or employment, any judgment for costs and disbursements shall be assigned to the city, and all monies collected shall be paid to the city. The provisions of this section requiring indemnification do not apply in cases of intentional tort, malfeasance in office, or willful or wanton negligence. In those cases, the city council may indemnify the officer or employee if it finds such action to be in the public interest. Indemnification under this paragraph is subject to the liability limits imposed by MN Stat. 466.05 and any other relevant statutes. 207.07 Prohibitions. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud impending the impartial execution of the city's employment policies. No person seeking employment to or promotion in the municipal service shall directly or indirectly give, render or pay any money, service or other valuable consideration to any person for, on account of, or in connection with his/her test, proposed appointment, promotion or proposed promotion, 207.08 Background Investigations. Upon the request of the city administrator or designee, the Lino Lakes Police Department or the Bureau of Criminal Apprehension must provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for city positions of employment. The city administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes t 9 day of bruary, 1998. - u/V KAt6jy AV-Sullivan, Mayor ATTEST: Jean ViAer, Deputy Clerk The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: The following voted against same: none. Whereupon said ordinance was duly passed and adopted. Council Member Lyden introducedhe followi resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-15 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals,and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and Page 2 Resolution 98-15 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that$3,400.00 of its 1998-1999 C.D.B.G.funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that$4,000.00 of its 1998-1999 C.D.B.G.funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that$1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that$5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that$1,885.00 of its 1998-1999 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 7. That the Lino Lakes City Council hereby requests that$18,516.00 of its 1998- 1999 C.D.B.G. funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 98-15 Adopted by the Lino Lakes City o Ohisa of February, 1998. , Mayor r The motion for the a option of the foregoing resolution was duly seconded by Council Member Beraeson andupon vote being taken thereon, the following voted in favor thereof: and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. h Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-16 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS- LILAC STREET UTILITY EXTENSION WHEREAS, pursuant to a resolution passed by the Council on August 25, 1997, the City Council of Lino Lakes has approved plans and specifications for the improvement of Lilac Street between Fourth Avenue and Apollo Drive by constructing watermain and sanitary sewer; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, March 17, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, March 23, 1998, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five(5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 9th da 1(/6F� bruVl 88. 1 Kitry A. u I I Tivan, Mayor V The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: The following voted against same:Lyden Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 9, 1998. r Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 29-97 AN ORDINANCE REPEALING SECTION 207 OF THE CITY CODE AND REPLACING IT WITH THE FOLLOWING: 207.01 Appointments. The city council shall make every appointment to a regular position of city employment. Each appointment shall be based on merit and qualifications for the position as determined by the city administrator. 207.02 Holidays. The following shall be the official holidays for the city, and no official business shall be conducted on them: New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; President's day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Veteran's Day,November 11; Thanksgiving Day, the fourth Thursday in November; the Friday after Thanksgiving Day; Christmas Eve, December 24; Christmas Day, December 25; and New Years Eve Day, December 31. The holidays which fall on a Saturday will be observed the preceding Friday. Those which fall on a Sunday will be observed the following Monday. 207.03 Discipline. Discipline for all city employees shall be fair and consistent, and administered according to the steps as proscribed in the city's personnel policy or bargaining agreement, whichever might apply. 207.04 Administration. The city administrator may establish such administrative policies and procedures as may be appropriate to administer the employment practices of the city. All city employees shall comply with these policies and rules. 207.05 Compensation Plan. The city administrator will establish and maintain a compensation plan for all regular positions which will be reviewed and approved by the city council on an annual basis. 207.06 Indemnification. The city or its insurance carrier will defend and indemnify all of its officers and employees, whether elective or appointive, against any claim or demand arising out of an alleged act or omission occurring in the performance of their official duties or employment. If judgment is rendered in favor of the officer or employment, any judgment for costs and disbursements shall be assigned to the city, and all monies collected shall be paid to the city. The provisions of this section requiring indemnification do not apply in cases of intentional tort, malfeasance in office, or willful or wanton negligence. In those cases, the city council may indemnify the officer or employee if it finds such action to be in the public interest. Indemnification under this paragraph is subject to the liability limits imposed by MN Stat. 466.05 and any other relevant statutes. 207.07 Prohibitions. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud impending the impartial execution of the city's employment policies. No person seeking employment to or promotion in the municipal service shall directly or indirectly give, render or pay any money, service or other valuable consideration to any person for, on account of, or in connection with his/her test, proposed appointment, promotion or proposed promotion, 207.08 Background Investigations. Upon the request of the city administrator or designee, the Lino Lakes Police Department or the Bureau of Criminal Apprehension must provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must �. only be about finalists for city positions of employment. The city administrator or designee must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council of the City of Lino Lakes t ' 9 day of bruary, 1998. Lm� U�V Kim y AV Sullivan, Mayor ATTEST: Jean Viaer, Deputy Clerk The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: The following voted against same: none. Whereupon said ordinance was duly passed and adopted. Council member Lyd Pn introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO.98-14 RESOLUTION AUTHORIZING THE ISSUANCE OF 1998 CERTIFICATESOF INDEBTEDNESS WHEREAS,the 1998 budget called for the issuance of certificates amounting to$287,734,and WHEREAS,the Area and Unit Fund(406)has sufficient reserves to issue a loan,and WHEREAS,a special levy will pay for these certificates in 1999,2000 and 2001. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund(401),on terms hereinafterset forth,is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of$287,734 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301;for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 1998 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY,MINNESOTA 1998 CERTIFICATEOF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes,the sum of$287,734 plus interest at 6%per annum in three installments in 1999,2000 and 2001 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated February 9, 1998 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301,and is to be effective as of February 1, 1998. It is Hereby Certified and Recited,that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate,together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. Page 2 Adopted by the City Council of Lino Lakes,Minne 9t February,,1998. J . van,Mayor The motion for'lhe adoption of the foregoing resolution was duly seconded by Rarcraann and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: Page 3 SCHEDULE OF PAYMENTS 1998 CERTIFICATES OF INDEBTEDNESS-$287,734 FEBRUARY 1, 1998 PRINCIPAL INTEREST TOTAL December31, 1998 $ 95,734.00 $33,052.00 $128,786.00 December31, 1999 96,000.00 11,520.00 107,520.00 December31,2000 96,000.00 5,760.00 101,760.00 Total $287,734.00 $50,332.00 $338,066.00 Interest Rate-6% Levy 1998 Payable 1999 $135,225.00(includes 5%overlevy) Levy 1999 Payable 2000 107,520.00 Levy 2000 Payable 2001 101,760.00 Total $344,505.00 n Council Member Lyden introducedhe following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-15 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals,and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program, designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and Page 2 Resolution 98-15 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that$3,400.00 of its 1998-1999 C.D.B.G.funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that$4,000.00 of its 1998-1999 C.D.B.G.funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that$1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that$5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau program. 5. That the Lino Lakes City Council hereby requests that $1,885.00 of its 1998-1999 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that $1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 7. That the Lino Lakes City Council hereby requests that$18,516.00 of its 1998- 1999 C.D.B.G.funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 8. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 98-15 Adopted by the Lino Lakes City o his a of February, 1998. uIII an, Mayor AndeFSOn, asurer The motion for the a option of the foregoing resolution was duly seconded by Council Member Bercreson andupon vote being taken thereon, the following voted in favor thereof: and the following voted against same: none. r-� Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-16 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS-LILAC STREET UTILITY EXTENSION WHEREAS, pursuant to a resolution passed by the Council on August 25, 1997,the City Council of Lino Lakes has approved plans and specifications for the improvement of Lilac Street between Fourth Avenue and Apollo Drive by constructing watermain and sanitary sewer; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, March 17, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, March 23, 1998, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five(5)percent of the amount of such bid. Adopted by the Lino Lakes City Council this 9th da F bru 1 98. V Kir ty A. ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: The following voted against same:Lyden Whereupon said resolution was duly passed and adopted. u CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 9, 1998. r LINO LAKES CITY COUNCIL WORK SESSION MINUTES DATE February 18, 1998 TIME STARTED 5:00 P.M. TIME ENDED 9:20 P.M.I MEMBERS PRESENT Sullivan,Neal,Bergeson,Dahl MEMBERS ABSENT: : Lyden Staff members present: Assistant to the City Administrator, Dan Tesch, City Engineer/Public Works Director, Dave Ahrens, Community Development Director, Brian Wessel, Interim City Administrator, Dave Pecchia, Finance Director, Mary Vaske, Deputy Clerk, Jean Viger 1. Review of Council Chambers within the New City Hall, Brian Wessel (Brian .� presented a sketch drawing of the Civic Campus. He explained the layout of the public portion (council chambers, lounge, restrooms, edit room etc.) of the New City Hall and asked Council for input or comments. Mayor Sullivan asked if there was seating for 200 anywhere. Leonard Parker said "no" but the council chambers seats approximately 100 and with TV cameras in the lounge area any overflow would be able to see and hear the meeting without a problem. Mayor Sullivan also had a concern with the size of the council workroom. Mr. Parker replied that the room would seat 18 comfortably but that the exterior wall of the room could be extended if necessary. 2. Civic Campus Update-Interior Design Contract, Brian Wessel (Brian introduced Sarah Weiner, a member of TLPA interior design team, and explained that Sarah has been part of the team from the beginning. She is familiar with the entire project and with her commitment, the experience of TLPA Interior Design Team and the competitive fee,Brian recommends we contract with The Leonard Parker Associates for the interior design services. The contract would include the New City Hall and the Police Department. 3. 21 st Avenue Street and Utility Improvements, Dave Ahrens, (Mr. Ahrens presented a map showing the project location and explained that the project would be phased. He indicated that the first phase would begin at Main Street and extend south approximately 800 feet. He stated that John Powell, TKDA,would update and answer any questions at the Council Meeting on Monday,February 23, 1998.) 4. Town Center Parkway, Dave Ahrens (Mr.Ahrens explained that the proposed street will be 26 feet wide with 24 inch gutters to give the parkway a more urban feel. Council Member Bergeson stated two reasons for his concern with the narrow street; the Police Department and walkers, pedestrians who may want to walk to the bank, City Hall etc.. Mr. Ahrens reminded council that there would be pedestrian paths throughout the complex.) 5. Ware Road Reconstruction, Dave Ahrens (Mr. Ahrens presented the proposed project to the Council explaining that the street would be 32 feet wide from Arrowhead to Ash St. and 36 feet wide from Arrowhead to Birch. The Council was concerned that 32 feet was inadequate for a busy street like Ware Road. Mayor Sullivan asked if it would be possible to acquire easements from the residents along Ware Road. Council asked Dave to bring to Monday night's council meeting illustrations showing wider streets and how wider streets would impact the residents.) 6. Lakes Addition Sanitary Sewer Rehabilitation, Dave Ahrens (Mr. Ahrens explained that repairs must be done to many of the sanitary sewer lines and that it is specialized work not performed by street reconstruction contractors. This work should be done before the street construction. This would allow for fewer conflicts between the two contractors. Mayor Sullivan inquired about the soil in that area. Mr. Ahrens said the soil was poor and there may always be a problem in that area.) 7. 1997 Annual Report- Police Department, Dave Pecchia(Mr. Pecchia distributed the Annual Report to the council and read the Police Department's Mission Statement. He then introduced Sgt. Kent Strege who did an overhead presentation of the contents of the report which is available in the City Library. 8. Comprehensive Plan Update, Brian Wessel (Mr. Wessel reviewed the agenda for the February 19, 1998 meeting.) 9. Hot Air Balloon Contract, Brian Wessel (As requested by Mayor Sullivan, Mr. Wessel presented council with bids from two local companies to compare with Mary Alice's contract fee. Mary Alice's prices were far more reasonable. A decision will be made at Monday's council meeting.) 10. Promotional Expense Account Policy, Dan Tesch(Mr. Tesch explained that the city has an expense policy but that it mainly addresses conventions and conferences, not promotional expenses. This resolution, Res. 98-25,will address such expenses.) 11. Consideration of Work Session Minutes Format, Dan Tesch(Mr. Tesch showed the city council a copy of the February 4th Work Session minutes. The format is the same as the City Council Expanded Agenda with more detail. Mr. Tesch asked for their approval to continue using this format as Work Session Minutes. The council approved the format) 12. Update on City Administrator Search, Dan Tesch(Dan distributed a copy of the City Administrator's job description and asked council to make any changes or additions they may feel necessary to qualify an applicant for the position. He also presented them with a list of consultants and options as to how they could proceed with the search. Mayor Sullivan asked what would be the first step. Dan suggested they start by interviewing three firms to determine which search firm would be used and also determine to what portion of the search the firm would conduct.) 13. Set Deadline for Advisory Board Appointments, Dan Tesch(Council discussed a deadline for Advisory Board applications. They decided that a deadline of March 4th would give them some time to review all applications before the interviews which are scheduled for 9:00 a.m. Saturday, March 7, 1998.) 14. SAC Refund, Mary Vaske (Ms. Vaske explained the City has two options; refund monies collected or pay fees at the time of hook-up. Council asked our City Engineer, Dave Ahrens, to compile a list of possible hookups in the next 10 years. When completed bring back to council.) 15. Consideration of Accounting Software and Hardware, Mary Vaske (As of January 1st, 1999 Tautges, Redpath Systems, our software support, is eliminating Fundworks, our accounting software program and the city must look for another company. Mary has done some research and found CMS, Computer Management Services,Inc.,to be the best value. The price of the software will run about$35,000 -with hardware, approximately $70,000. The Mayor asked for bids from other software companies and Mary will bring those to a future meeting.) 16. Same as Number 7. 17. F.B.I. Academy Update, Dave Pecchia(Steve Mortenson has been selected to attend the F.B.I. Academy for 3 months beginning June 28, 1998. The only cost to the city would be uniforms and one flight back home during the three month period. Mr. Pecchia did notify the council that money was in the budget for the schooling.) 18. Department Priorities - Present to Council, Dave Pecchia(Mr. Pecchia notified council that he has received the list of priorities from each department head. He will have them typed and in their mail boxes by Monday.) 19. Compensation for Interim City Administrator, Mayor Sullivan (No discussion) 20. Regular Agenda(Reviewed) 21. Adjourn(9:20 p.m.) These minutes were considered and approved aW ncil Meeting, March 9,1998. 4JMivi er, Deputy C1 Kan, Mayor COUNCIL MINUTES FEBRUARY 23, 1998 CITY OF LINO LAKES MINUTES DATE : February 23, 1998 TIME STARTED : 6:31 P.M. TIME ENDED : 9:54 P.M. MEMBERS PRESENT : Bergeson,Lyden, Dahl,Neal,and Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel;Planning Coordinator, Mary Kay Wyland; and Planning Consultant Robert Kirmis and Engineering Consultant, John Powell SETTING THE AGENDA Ms. Wyland requested that Agenda Item No. 6.C., Resolution 98 - 26, Supporting Advertising Signs in the R-Br Zoning District, be deleted. Mayor Sullivan added Agenda Item No. 10.A., Office Lease Agreement, Tschida Excavating. The Agenda was then approved as amended. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: February 9, 1998 DISBURSEMENTS: February 23, 1998 (Checks No. 50049 - 50143, $217,372.27) Approved Centennial Fire District, February 18,1998 Approved Partial Payment No. 2,Northern Escrow, Inc. Approved RESOLUTION NO. 98 -24,FINAL PAYMENT, PUBLIC WORKS BUILDING Approved 1 COUNCIL MINUTES FEBRUARY 23, 1998 Mayor Sullivan, on behalf of the entire Council,recognized Chief Pecchia's efforts in his additional role as Interim City Administrator, as well as the commendable effort by the �..r Economic Development Department with regard to its recent citizens' forum. OPEN MIKE No one appeared under Open Mike. POLICE DEPARTMENT REPORT, DAVID PECCHIA Consideration of Resolution No. 98 - 18 Accepting Donation from Centennial Fire Relief Association and the Lexington Fire Department for Rice Lake Elementary School Safety Patrol Event- Chief Pecchia explained that the Centennial Fire Relief Association donated $235 and the Lexington Fire Department donated $100 to the Lino Lakes Police Department for use in the Rice Lake Elementary School Safety Patrol Program. These funds will be used for patrol recognition day, at which time elementary patrol members from throughout the Centennial School District will be treated to an afternoon of roller skating. Council Member Lyden moved to adopt Resolution No. 98 - 18, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 18 can be found at the end of these minutes. Consideration of 1997 Annual Police Department Report- Chief Pecchia introduced Police Officer Ken Strege, who presented the 1997 statistical review which, according to Chief Pecchia, represents a concentrated effort data illustrating the Police Department's service during that time period. Chief Pecchia added that in 1997 the Department continued to experience unprecedented growth in the areas of personnel resources, professional development, and community involvement. He added that the community policing philosophy continues to be implemented throughout the City, resulting in the enhancement of numerous programs including the McGruff House,Neighborhood Watch, Crime Free Multi Housing, Curfew Sweeps, Bicycle Patrol, and, most noteworthy, the 2nd Annual Public Safety Citizens Academy. The Public Safety Citizens Academy consisted of a six-week program identifying the challenges and opportunities facing Lino Lakes with respect to public safety. The Academy was a joint effort of the Centennial Fire District and the Lino Lakes Police Department. Chief Pecchia explained that four(4) additional officers were hired to enhance the patrol staff and community policing initiatives. Additionally, an emergency management natural disaster exercise was planned,prepared for and completed by utilizing the resources of several neighboring public safety agencies, including the Department of Corrections at the Lino Lakes State Prison. Chief Pecchia stated that the Department continued to enhance both"volunteerism" within the community by adding six(6) additional reserve officers, and policing capabilities through the addition of a snowmobile donated by a multiple DWI offender for use by patrol and reserve officers. 2 COUNCIL MINUTES FEBRUARY 23, 1998 The Police Department continues to strive to meet its goals and objectives and to adhere to its Mission and Value Statements while realizing that any future successes are based solely upon the Department's ability to enlist citizen support as police standards are raised and challenged. Chief Pecchia added the Police Department graciously accepts the challenge and looks forward to continued Council support and cooperation in the never-ending search for excellence. At the present time the Police Department consists of 18 full-time police officers (1 chief of police, 3 sergeants, 1 investigator, 1 youth resource officer, and 1 DARE officer), 2 full-time and 1 part-time clerical positions, and 1 community service officer. Eighteen reserve officers are authorized. Chief Pecchia explained that the Department is in the process of utilizing the precinct policing concept,which provides for officers and supervisors to be assigned to the voting precincts within the City to deal with neighborhood issues. Sergeant Strege then, through use of visual aids, reviewed the Lino Lakes Police Department Mission Statement, its Values Statement,the Department's 1997 goals, personnel changes, use of federal and state grants, general and reserve activities, training, and statistical comparisons of alarms, assault, auto theft, residential and nonresidential burglary, auto accidents, careless and reckless driving, criminal sexual conduct, curfew violation, domestic assault, DUIs, fatalities, homicide,juvenile alcohol/tobacco violations, medicals,narcotics violations,personal injury accidents,property damage accidents,public assistance requests, calls for service,robberies, snowmobile thefts, suspicious activities, theft,threats, traffic citations,traffic warnings, and ^ weapons violations over the past few years. Highlights of this presentation were the Department's ongoing efforts to enhance volunteerism through the addition of five (5)reserve officers who donated more than 3,000 hours of service, review and revision of hunting and snowmobiling ordinances by both the City and the Police Department as well as the creation and implementation of new pawn broker and parking ordinances, and continuing efforts to improve communication through team building meetings with City Staff, enhancement of monthly crime watch newsletters to neighborhood watch groups,utilization of the City quarterly newsletter, and presentation of meetings and video tapes regarding public safety through the cable television service. Council Member Lyden mentioned the increase in incidence of house alarm calls, asking if this represents concern to the Police Department. Officer Strege explained that the increase in calls does not represent a burden to the Department. In most cases no unauthorized entry is involved but it is better to respond to a suspicious call with no necessity for arrest than to be unaware of a legitimate break-in. Council Member Neal pointed out that other communities charge a fee for responding to house alarm calls, asking if this is the policy for Lino Lakes. Officer Strege explained that the first three(3) calls within any calendar year are free of charge. However, a fee is involved for subsequent calls. Chief Pecchia stated that in April of this year the Department hopes to have Minnesota State statistics available for use in creating a comparative study between Lino Lakes and neighboring communities,which will ultimately result in a supplemental report to Council. 3 COUNCIL MINUTES FEBRUARY 23, 1998 Mayor Sullivan expressed Council's overall admiration and appreciation for the Police �.. Department's dedication to efficiency and to a safe environment for Lino Lakes. CONSIDERATION OF RESOLUTION NO. 98- 25 ADOPTING GUIDELINES FOR PROMOTIONAL EXPENSE REPORTING,DAN TESCH Mr. Tesch explained that Resolution No. 98 - 25 is a follow-up to recent action by Council regarding updating the City's personnel policies. He indicated that this Resolution creates a policy regarding reimbursement for expenses incurred by the City Administrator, Community Development Director, and Mayor resulting from conference and convention attendance for community promotional purposes. He added that other City employees might also be able to take advantage of this policy. Mr. Tesch stated that each year the promotional expense fund would appear as a line item on the annual budget, and the use of funds would be approved with approval of the overall budget with implementation authorized through the filing of individual expense reports, which should include receipts for out-of-pocket expenses and which must be filed within 30 days of the attended event. Prohibitions would be consistent with the provisions of Minnesota Statute 471.895, with a City policy prohibiting consumption of alcoholic beverages while acting in official capacity, as well as reimbursement of expenses associated with meals for paid consultants. Council Member Lyden asked if a meeting between an authorized individual and a City �... employee for the purpose of performance review would be covered by this policy. Mr. Tesch indicated that it would not. Council Member Bergeson asked about reimbursement for travel and related expenses. Mr. Tesch explained that an additional policy is in the development process which will cover these items. Council Member Lyden moved to adopt Resolution No. 98 - 25, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 25 can be found at the end of these minutes. PUBLIC HEARING, 21ST AVENUE STREET AND UTILITY IMPROVEMENTS Mr. Ahrens introduced John Powell of TKDA, who described the findings of the feasibility report for this project. Mayor Sullivan opened the public hearing at 7:00 p.m. Mr. Powell explained that the location for this proposed project is at the southwest corner of I- 35E and Main Street. The feasibility report was ordered and prepared in response to pressures �.. for commercial, industrial and general development in this area, with primarily direction toward 4 COUNCIL MINUTES FEBRUARY 23, 1998 the provision of sanitary sewer, water main and roadway service. Mr. Powell reviewed the present status of this area, explaining that a lift station and sanitary sewer service was located east of the freeway, but not west of the freeway. Mr. Powell made Council aware that he received a communication from the Metropolitan Council. They prefer to serve this area by extending a gravity trunk sanitary sewer along Cedar Street from 20th Avenue to the eastern city limits and beyond by January 1, 2000. However, elevation will not permit connection to a gravity sewer, and the Metropolitan Council has indicated that it can only lower the line approximately five (5) of the necessary 12 feet. Additionally, a lift station would be required for the area to the north. The other option, according to Mr. Powell, is to install a lift station within the project area and extend a force main either to the future trunk or to another lift station. Since time is of the essence, the recommended course of action is to install a lift station on 21 st Avenue with an 8-inch force main along the north side of Cedar Street,jacking under I-35E, stringing the force main within a carrier pipe. The lift station would be installed along the east side of 21 st Avenue approximately 400 to 500 feet south of the creek. Mr. Powell pointed out that this method is common for dealing with elevation discrepancies. Although the proposed utilities will be located along a roadway which divides Lino Lakes and Centerville, they will be installed in Lino Lakes. Mr. Powell explained that impact to the existing residence along the proposed utility route will be minimal, and that a 10-foot right-of- way across that property would be required. He also explained that an 8-inch stub for both sanitary sewer and water main would be extended to Northern Lights Boulevard within the Clearwater Creek Business Center. Roadway improvements would include a barrier curb, storm drainage to ponds that would overflow into Clearwater Creek, 12-foot turn lanes to allow for turning onto 21 st Avenue on both the east and west sides, and a 10-ton design structure. Mr. Powell reviewed the costs involved in this project, which are contained in the feasibility report. The construction costs involved for the sanitary sewer would be $419,914 plus $62,690, $221,110 for the water main, $523,160 for the roadway, and $137,891 for the storm sewer. The total cost for the project is estimated to be $1,951,600. A joint powers agreement is required between Centerville and Lino Lakes for the roadway improvements, with costs of approximately $945,303 to be divided equally between the two cities. A draft agreement is attached to the feasibility report. In order to align with the overall Clearwater Creek Business Center development schedule, phasing has been discussed with the developer. Sharing of responsibility between the City and the developer is also being considered. Owners of property abutting the improvements will be assessed for lateral costs only, totaling $109,040 over assessable front footage, or$27.89 per front foot. Water main lateral costs only total $164,520, for$42.08 per front foot, and storm sewer and roadway, $472,650, or$120.88 5 COUNCIL MINUTES FEBRUARY 23, 1998 per front foot. A preliminary assessment roll includes Clearwater Creek Business Center and the exception property. Total assessment to affected properties would be $1,347,768. Assuming the public hearing is closed at this time, construction would begin in the Spring and completed in the Summer, with an assessment hearing taking place this Fall. Council Member Lyden questioned design standards, and Mr. Powell explained that Lino Lakes follows MnDOT's design policy which provides for a lifetime of 20 to 25 years. Council Member Bergeson asked about the effect to the petition against the proposed improvements by the owners of the exception property. Mr. Ahrens explained that the subject property is Charter-exempt and, therefore, would fall under the provisions of Chapter 429. However, homestead property owners have the right to petition against improvements in Charter- exempt areas. Council Member Lyden expressed concern regarding responsibility involved with the shared roadway. Mr. Hawkins explained that the City maintains liability insurance, and that shared responsibilities and obligations will be set out in the joint powers agreement. Mayor Sullivan expressed appreciation to Mr. Powell for the content of his presentation. Council Member Neal moved to close the public hearing at 7:33 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. �... Council Member Lyden raised the issue of remaining agreements described within the feasibility agreement, and Mr. Ahrens indicated that these would be brought to the next Council work session. Consideration of Resolution No. 98 -23, Order Preparation of Plans and Specifications - Council Member Bergeson moved to adopt Resolution No. 98 - 23, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 23 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT Nol-Tec Systems,425 Apollo Drive, Site Plan Review - Ms. Wyland explained this request by Nol-Tec Systems Inc. to add a 7,168-square-foot office and a 8,360-square-foot shop/warehouse to their office/assembly/warehouse facility was approved by the Planning & Zoning Board in April of 1995. In addition to this expansion, parking is proposed for increase by approximately 52 spaces for a total of 127. According to the City's Zoning Ordinance, a site plan review is required for this expansion. The following comment was provided: 1. Building and parking setback and height requirements have been met. 6 COUNCIL MINUTES FEBRUARY 23, 1998 2. The exterior is designed to match the existing structure in texture, type and color. 3. No additional signage is proposed. 4. Trash handling areas are to remain as shown on the original plan. 5. Parking expansion is proposed and will accommodate the proposed addition with a total of 127 parking spaces proposed. City Code requires approximately 96 spaces. Handicapped parking shall be provided according to the ADA Rules and Regulations. 6. No additional landscaping is proposed or required for this construction. 7. Grading and drainage plans are subject to the review and approval of the City Engineer. The Planning & Zoning Board reviewed this request at its February 11, 1998 meeting, and recommended approval with the following conditions: 1. Property building permits are obtained prior to construction. 2. Utility, grading and drainage plans are reviewed and approved by the City Engineer. 3. The CPTED Officer review the building plans prior to issuance of any building permits. 4. Handicapped parking shall be in accordance with ADA rules. 5. All rooftop heating and ventilating units are screened to blend with the existing rooftop. Mr. Wessel pointed out that Nol-Tec is representative of the type of business desired for the Apollo Business Park. Council Member Lyden expressed concern regarding drainage in light of the considerable amount of proposed paved surface. Ms. Wyland indicated that the requirement is for 10% green space. This requirement will be met. Mr. Wessel added that a storm drainage ditch exists which will accommodate the area. Mayor Sullivan asked if a process is in place to verify that the CPTED officer has reviewed and approved the building plans. Ms. Wyland explained that prior to issuance of the building permits Staff reviews the conditions to assure that they have been met. Council Member Bergeson moved to approve the site plan review for Nol-Tec Systems, contingent upon compliance with the conditions presented. Council Member Neal seconded the motion. Motion carried unanimously. Telecommunications Ordinance - Ms. Wyland introduced Mr. Kirmis of Northwest Associated Consultants, who began by reviewing the origin of this ordinance, which is the increase in 7 COUNCIL MINUTES FEBRUARY 23, 1998 demand for telecommunications service as well as the requirement for response to the 1996 Telecommunications Act. Mr. Kirmis then referred to the most recent draft ordinance, summarizing the following changes: 1. The definition of"short-wave radio transmitting and receiving antenna"has been expanded to include citizen band radios. 2. An administrative permit section has been added, which establishes that the Zoning Administrator must approve or deny permit applications within 30 days of application submission. Pursuant to the decision of the Planning & Zoning Board,the "certification of taxes paid"provision has been deleted. 3. The general standards for antennas (Section 3, Subd. 15.B) have been revised to address the following: a. The previous reference to tower locations on nonconforming lots has been eliminated. b. The previous section B-1 which prohibited the placement of an antenna or tower upon a nonconforming structure has been deleted. C. Section B.8 has been revised to reference collocation requirements of towers 75 feet in height or taller. �.. d. A specific statement has been added stating that all towers must comply with applicable FAA regulations. 4. Personal wireless service antenna tower requirements in PSP zoning districts have been changed to mirror setback requirements imposed in industrial zoning districts. 5. The district provisions applicable to personal wireless service antennas have been expanded to include such antennas as "permitted secondary uses". 6. The ordinance has been revised to stipulate that new transmitting, receiving and switching equipment(associated with personal wireless service antennas) must be located within an equipment building or cabinet and comply with accessory building setback requirements. 7. Where permitted, the allowable height of new personal wireless service antenna towers has been increased from 100 feet to 140 feet. Towers providing collocation opportunities may be allowed up to 160 feet in height(previously allowed up to 120 feet). 8. Section 3, Subd. 4.0 of the Zoning Ordinance(Height Exceptions) has been amended to include personal wireless antenna towers. This issue should be subject to specific comment and recommendation by EDAAB. 8 COUNCIL MINUTES FEBRUARY 23, 1998 9. Commercial and public radio and television transmitting antennas and public utility microwave antennas are allowed only in rural and industrial districts. The previous ordinance draft allowed such antenna types within business districts as well. Council Member Lyden asked how restrictive the proposed ordinance is on a scale of one to ten with ten being the most restrictive,to which Mr. Kirmis responded"ten",particularly in the area of new tower construction. Mr. Hawkins added that challenges against such ordinances result in a success rate of one out of twelve. Council Member Lyden asked if the proposed setback distance could be increased. Mr. Kirmis explained that the distance proposed is an attempt to arrive at a reasonable compromise between the City's desires and federal requirements. Mr. Hawkins added that specific hardship would be required to make the setback more restrictive. Council Member Bergeson asked Mr. Hawkins about the impact on the City and its ordinance should a successful challenge occur. Mr. Hawkins responded that should a particular provision of the ordinance be challenged, there would be an opportunity to amend that provision to comply with a court order. Council Member Lyden requested the definition of"existing structure". Mr. Kirmis referred to the Zoning Ordinance, and Ms. Wyland read aloud the definition as follows: Anything which is built, constructed or erected. An edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Mayor Sullivan expressed appreciation that the Planning& Zoning Board referenced Council requests in evaluation of the proposed ordinance, specifically points raised by Mr. Dunn and Mr. Herr. She pointed out that reference to "intended character"will necessarily bring each installation request before the City for review. Ms. Wyland stated that specifically new towers will require conditional use permits, which inherently require such review. Council Member Lyden asked if it would be too restrictive to keep antennas out of residential areas completely. Council Member Bergeson asked about restrictions upon property owners against allowing installation of antennas upon existing structures. Ms. Wyland explained that such installation would be allowed, but with restrictions upon height. Council Member Dahl asked if antennas could be installed on homes, to which Mr. Kirmis responded the intent is that antennas be located on existing structures other than homes. Mayor Sullivan clarified that although the ordinance does not prohibit location of antennas on homes it does not encourage that application. 9 COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Bergeson pointed out that a church in another community may install an antenna which will be considerably less noticeable than a new tower. This would be an example of the sensibility of using an existing structure. Mr. Kirmis added that structures can be added, such as a church bell tower,which would house an antenna and blend with the existing structure. He also stated that in other parts of the country other types of camouflage is often used. Council Member Lyden asked if"existing structure" in residential areas could be defined within the ordinance as"non-home". Mr. Kirmis suggested that a provision could be added prohibiting installation of antennas on residences. Mr. Hawkins cautioned against further restriction to the ordinance. Mayor Sullivan suggested infringement upon property owner rights. Mr. Hawkins responded that service provider rights rather than those of property owners would be the primary consideration. Peter Beck of AT&T addressed Council, stating that generally he finds the ordinance to be favorable, but that it is currently extremely restrictive and that there might be the need to revisit certain provisions as installations are proposed. He added that in his experience installation is never recommended on single family residences, and that prohibiting such installation would not pose a problem. Council Member Dahl asked about the safety of towers. Mr. Beck explained that service providers are careful to properly ground antennas, as well as to construct towers which can withstand stress from other natural sources. He added that the radio waves emitted by the antennas would be significantly less than those from other communication sources. �.. Council Member Dahl then asked about the number of antennas per structure. Mr. Beck responded that the intent is to install as many antennas on an existing structure as possible, and that typically there would be as many as three users per pole. Council Member Lyden moved to approve the February 16, 1998 draft ordinance amending the Lino Lakes Zoning Ordinance by establishing regulations for construction and placement of wireless communication towers, equipment and facilities with the added condition that installation be prohibited on single family residences. Council Member Dahl seconded the motion. Council Member Bergeson suggested that the only existing structures within Lino Lakes that could accommodate telecommunication antennas are water towers. Ms. Wyland stated that there are other existing structures that would be appropriate for antenna installation. Motion carried unanimously. Civic Campus Update, Interior Design Contract- Mr. Wessel explained that when the Leonard Parker Associates (TLPA)was selected as the architectural/engineering team for the proposed civic complex the firm's interior design capability and experience was a critical part of the approval decision. According to Mr. Wessel, Sarah Weiner, Director of Interior Architecture for TLPA, has been very much a part of the team and has made a significant contribution. He 10 COUNCIL MINUTES FEBRUARY 23, 1998 added that approval of the interior design contract is appropriate and necessary to the integrity of the overall project schedule, and that Staff recommended approval for the following reasons: 1. TLPA's familiarity with the project in that the interiors team has been heavily involved in the programming and preliminary design. 2. TLPA has developed and understands the budget for interior design, furniture and equipment. 3. TLPA has begun preliminary identification of appropriate furnishings as part of budget development, identifying State and GSA contracts. 4. TLPA continually conducts research and is current with the industry. 5. TLPA's interior group has demonstrated efficiency which should be retained in order to remain on schedule. 6. TLPA has already demonstrated its level of commitment to the entire project. Mr. Wessel stated that TLPA's proposed fee with respect to interior design is $41,800,which would cover such services as scheduling, program verification, space planning and layouts, materials, finishes and furniture,preparation of contract documents, bidding/negotiation, cost estimates, signage, and coordination of installation. Council Member Bergeson requested clarification that this function was included in the original budget, to which Mr. Wessel responded in the affirmative. Council Member Lyden suggested that the City should explore viable means of earning "sweat equity"with respect to interior design. Council Member Bergeson pointed out that there are large spaces which should be professionally designed in order to maintain the desired quality for this facility. Mr. Wessel reviewed the original budget with respect to "soft costs", adding that TLPA is prepared to provide maximum quality at a cost well within budget constraints. Mayor Sullivan recognized Council Member Lyden's concerns, as well as the value of professional service with regard to the civic complex. Council Member Neal asked why TLPA, whose bid was not the lowest, was selected over the other three bidders. Mr. Hawkins explained that with respect to professional services the City is not required to accept the lowest bid but can select the firm deemed to be most appropriate. Mayor Sullivan added that TLPA represents the most logical choice due to its involvement with the project from its inception, and that Council's responsibility is to determine whether or not the 11 COUNCIL MINUTES FEBRUARY 23, 1998 proposed fee is a reasonable deviation from the lowest bid. Mr. Wessel explained that the four bids were solicited according to City policy, but that TLPA's interior design department offers not only the desired quality but a commitment to the City's scheduling obligations. Council Member Lyden expressed concern regarding the budget question, adding that absent more complete financial information consideration of the interior design matter is premature. Mayor Sullivan recommended that this issue be included in the March 15 budget discussion, adding that it would be appropriate to review the entire budget picture. Council Member Bergeson moved that Council authorize the City Attorney to negotiate a contract for interior design services with The Leonard Parker Associates for approximately $41,800. Mayor Sullivan seconded the motion. Council Member Bergeson spoke again in favor of approval of professional interior design service. Motion carried, with Council Members Neal and Lyden voting no. Hot Air Balloon Contract- Mr. Wessel explained that the promotional program established to promote the identity of Lino Lakes within and outside the community has included the use of Blue Yonder Balloon Company's hot air balloon for the past three years. Contracting a balloon service is generally an expensive promotional endeavor and, according to Mr. Wessel,the City has been availed of this service because Mary Alice Divine has agreed to supply it for far below standard cost. He added that this balloon,whose use has been approved annually for the past four years, has been an integral part of the City's promotional campaign and has become a familiar sight over the north and east metro areas. Mr. Wessel stated that use of the balloon in 1998 will be especially important with construction of the civic complex within The Village. In keeping with economic development's policy to solicit proposals, Mr. Wessel indicated that two other bids were obtained, as follows: 1. Winfield Balloon Company $200/flight= $4,000 1931 Benjamin St.NE Special event inflation= $300 + Minneapolis, MN 55418 2. Wiederkehr Balloons $600/flight= $12,000 1604 Euclid St. Special event inflation= $500 St. Paul, MN 55108 The contract with Ms. Divine calls for a payment of$60 per flight, for a maximum of$1,200 per contract year, with inflations at special events of$100. 12 COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Neal asked if such an arrangement would represent a conflict of interest for the City. Mayor Sullivan responded that legally there is no conflict, and that additional bids were solicited in order to confirm the City's prudent use of funds in this regard. Council Member Bergeson stated that Ms. Divine's service represents a known and prudent entity, expressing enthusiastic favor with prior service. Council Member Dahl asked about insurance coverage. Mr. Wessel indicated that Ms. Divine is required to carry insurance. Council Member Dahl also asked about equipment safety checks, to which Mr. Wessel responded Ms. Divine submits to and is in compliance with required equipment safety conditions. Council Member Neal asked about proof of insurance,to which Mr. Hawkins responded Ms. Divine provides the City with a certificate of insurance. Council Member Neal moved to renew the hot air balloon contract with Blue Yonder Balloon Company, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Members Lyden and Dahl voting no. Comprehensive Plan Update -Mr. Wessel pointed out that within the past week there were two successful meetings which furthered refinement of the moderate growth scenario, and that on Thursday, February 26, a neighborhood meeting is scheduled to take place for District 3 residents. Mayor Sullivan asked that Council members notify Mr. Wessel of plans to attend upcoming meetings, and asked that notice of future meetings be posted in City Hall. Council Member Lyden asked that discussion of the open meeting law be added to the present Agenda. Mayor Sullivan polled Council,which agreed to add discussion of the open meeting law as Agenda Item 10.B. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 19,Town Center Parkway, Approve Plans and Specifications, and Order Advertisement for Bids - Mr. Ahrens explained that the City is proposing to extend Town Center Parkway and utilities to serve the new City Hall, Police Station, and Early Childhood Learning Center at the Town Center site. The proposed street will be 26 feet wide bituminous with 24-inch gutters. The narrower street and wider gutters will give the parkway a more urban feel. An 8-foot-wide path will be extended along the south side of the parkway. Sewer and water mains will be extended to serve the City complex. By way of background, Mr. Ahrens reminded Council that this project is a continuation of the Town Center development. The improvements associated with the City project for street and 13 COUNCIL MINUTES FEBRUARY 23, 1998 utility extensions will be necessary to serve the municipal center area, and will precede building construction in order to allow access to the site. �-- Mr. Ahrens provided the following proposed schedule for the phase 2 Town Center Parkway construction: Advertise to receive bids February 25, 1998 Receive Bids March 27, 1998 Award Contract April 13, 1998 Preconstruction Meeting April 20, 1998 Utility Construction Begins April 27, 1998 Street Construction Begins June 1, 1998 Estimated Construction Completion August 1, 1998 Mayor Sullivan expressed Council's concern that a 26-foot roadway would be too narrow to accommodate projected traffic. Mr. Ahrens indicated that he had discussed this matter with Chief Pecchia who, after consulting the fire chief, advised that the proposed roadway would be adequate in width so long as parking is prohibited. Mr. Ahrens added that driveway areas might require additional width,making return curves critical to the design. Mayor Sullivan also requested clarification that there would be adequate snow storage,to which Mr. Ahrens responded in the affirmative. Council Member Lyden expressed concern that the proposed roadway is not representative of a typical"parkway", in that there is not sufficient green space, asking why a median cannot be included. Mr. Ahrens indicated that such a design issue could be accommodated. Mr. Wessel addressed Council, pointing out that plantings are proposed for the entry to the civic complex. He added that there has been considerable discussion regarding overall landscaping, and that the proposed roadway design was the result of that effort. Council Member Neal asked about the proposed bandstand, asking if there would be adequate parking for that structure. Mr. Wessel referred to a design rendering, pointing out the bandstand as well as the locations for parking. Council Member Bergeson pointed out that the City's public works departments are generally opposed to roadways that contain medians and similar design issues, as they create obstructions to efficient maintenance such as the plowing of snow. Council Member Neal expressed concern that citizens who find inadequate parking will park along the roadway. Mr. Wessel indicated that parking prohibition must be enforced. Council Member Neal reminded the group of the need for senior citizen availability, and Mr. Wessel pointed out accesses. Mr. Wessel added his appreciation for Council's input, and additional suggestions will be considered for enhanced accessibility to the bandstand and other areas of particular interest to senior citizens. 14 COUNCIL MINUTES FEBRUARY 23, 1998 Council Member Dahl asked how wide the parkway will be at the entrance to the complex. Mr. Ahrens explained that there are two driving lanes at the entrance, equal to 24 feet, with the median being 8 to 10 feet in width,narrowing gradually at the eastern end. Council Member Lyden reiterated his concerns, suggesting that construction plans in certain areas of the proposed complex do not allow for a true parkway diminishing the quality of the overall project. Council Member Bergeson suggested that a"parkway" can be accomplished through plantings on either side of a roadway. Council Member Lyden moved to deny Resolution No. 98 - 19, as presented. Motion failed for lack of a second. Council Member Bergeson moved to adopt Resolution No. 98 - 19, as presented. Mayor Sullivan seconded the motion. Motion carried, with Council Member Lyden voting no. Resolution No. 98 - 19 can be found at the end of these minutes. Consideration of Resolution No. 98 -20,Ware Road Reconstruction,Approve Plans and Specifications, and Order Advertisement for Bids - Mr. Ahrens explained that the reconstruction of Ware Road began approximately one year ago with the feasibility report prepared and received by Council in May. A public hearing was held on June 23, and Council ordered preparation of plans and specifications. Further Council action is now required to allow for advertisement to receive bids. Mr. Ahrens reminded the group of the dire need for repair to Ware Road, which is proposed to be 32 feet in width from Arrowhead Drive to Ash Street (County Road J) and 36 feet wide from Arrowhead to Birch to allow for parking on the east side. He also pointed out that utilities on Ware Road will be extended from Coyote Trail south to Ash Street in concurrence with road reconstruction. A sanitary lift station is proposed for location south of 62nd Street in order to minimize sewer depth. The water main will extend from Ash Street to Linda Avenue and Coyote Trail. Since the subject section of Ware Road lies outside the MUSA boundary, no connections can take place until (1)the Comprehensive Plan process provides for MUSA designation, or(2) a property owner experiences a failed septic system with no possibility for its reconstruction. The estimated project construction cost is $1,295,000 with associated engineering and administrative expenses of approximately $388,500, for a total project cost of approximately $1,683,500. .-� Mr. Ahrens added that a roadway wider than 32 feet would pose additional impact to wetlands, as well as require additional rights-of-way and additional tree removal. He stated that following 15 COUNCIL MINUTES FEBRUARY 23, 1998 significant review, Staff recommends the proposed 32-foot width for this roadway reconstruction. Mayor Sullivan requested clarification regarding a buffer between the 32-foot roadway and the trail. Mr. Ahrens responded that a minimum 4-foot separation is proposed. Mayor Sullivan asked about additional expense, and Mr. Ahrens explained that the acquisition of additional easements will result in additional expense. Council Member Dahl asked if the 4-foot buffer would allow for adequate snow removal, as well as maintenance of the trail. Mr. Ahrens indicated that snow removal should not be an issue. He added that all trails within walking distance of schools are plowed. Council Member Dahl asked about the area of roadway proposed to be 36 feet in width, and Mr. Ahrens indicated that the parcels in that area are small and residents requested provision of on- street parking. Council Member Bergeson asked about the feasibility of a width greater than 32 feet. Mr. Ahrens explained that 32 feet is adequate and that additional width would not afford any additional benefit but would be more costly. Council Member Bergeson expressed concern that authorized vehicles might not be able to be parked at the side of the roadway while allowing for traffic to pass without crossing over into the oncoming lane. Mr. Ahrens indicated that although technically the 16-foot allowance should be �..� sufficient, most drivers will allow for additional space in passing a vehicle. Council Member Lyden asked that Mr. Ahrens share statistical information, to which Mr. Ahrens responded referencing a State Aid Standards table recommending a total of 26 feet for roadways such as Ware Road. Mayor Sullivan asked for clarification of the prior discussion prompting the use of this statistical information. Council Member Lyden explained that discussion included the definition of the street in anticipation of 2020 volume and beyond, with the conclusion that the proposed 32-foot width would be more than adequate. Mayor Sullivan stated that the City's transportation engineer had indicated the narrower the roadway the lesser the speed. Council Member Lyden moved to adopt Resolution No. 98 - 20, as presented. Council Member Neal seconded the motion. Council Member Bergeson stated that he would prefer additional width. Mayor Sullivan expressed concern regarding the acquisition of easements. Mr. Ahrens explained that eminent domain is one possibility, and price negotiation another. Mayor Sullivan indicated 16 COUNCIL MINUTES FEBRUARY 23, 1998 that eminent domain is not an acceptable option. Mr. Ahrens indicated that he is not concerned that the easements cannot be obtained by other means. Council Member Bergeson asked if the 32-foot section could be constructed so that at some time in the future the entire roadway could be wider, if necessary. 'Mr. Ahrens indicated that the proposed arrangement for the road improvements would allow for this contingency. Motion carried unanimously. Resolution No. 98 -20 can be found at the end of these minutes. Consideration of Resolution No. 98 -21,Lakes Addition Sanitary Sewer Rehabilitation, Approve Plans and Specifications and Order Advertisement for Bids - Mr. Ahrens provided the following background for this item: On November 10, 1997, Council ordered the reconstruction of certain streets located on the east side of Reshanau Lake. As discussed in the feasibility study, the project includes the repair of sanitary sewer lines that are located in the streets which are proposed for reconstruction. At this time, Staff is requesting that Council approve the plans and specifications and authorize advertisement for bids for the sanitary sewer repairs only. It is expected that approval of the street reconstruction portion of the project will be requested at the next regular Council meeting. Mr. Ahrens explained that repair of the sanitary sewer lines is necessary to correct leakage problems and that letting one contract ahead of the other will result in fewer conflicts between repair and construction contractors working in the area. The estimated cost of the sanitary sewer rehabilitation work is $105,400, and it is intended for payment to come from the Area and Unit Fund. Mayor Sullivan asked that assurances be included within this contract that the rehabilitation work will be completed prior to the reconstruction project. Council Member Neal moved to adopt Resolution No. 98 - 21, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 21 can be found at the end of these minutes. OLD BUSINESS -None. COMMUNITY CALENDAR FOR FEBRUARY 23 THROUGH MARCH 9, 1998 Lakes Addition Neighborhood Meeting,Tuesday,February 24, 1998,6:30 p.m. Lakes Addition Street Reconstruction Meeting, Thursday, February 26, 1998,6:30 p.m. Environmental Affairs Committee Meeting,Wednesday, February 25, 1998, 7:00 p.m. 17 COUNCIL MINUTES FEBRUARY 23, 1998 Comprehensive Plan Meeting,Thursday, February 26, 1998,6:00 p.m. Park Board Meeting, Monday,March 2, 1998,6:30 p.m. Trails Committee Meeting, Tuesday,March 3, 1998, 7:00 p.m., Parks and Recreation Building Council Work Session,Wednesday,March 4, 1998, 5:30 p.m. EDAAB Meeting, Thursday,March 4, 1998, 7:00 p.m. Comprehensive Plan Meeting,Thursday,March 5, 1998, 6:00 p.m. EDA Meeting, Monday, March 9, 1998, 6:00 p.m. Mayor Sullivan announced a special Council meeting scheduled to take place on Wednesday, February 25 at 5:30 p.m., for the purpose of meeting with consultants regarding the City Administrator search. Additionally, Mayor Sullivan announced that on March 7, 1998, at 9:00 a.m., interviews with potential Board members, followed immediately by a Council goal-setting meeting. NEW BUSINESS �.. Office Lease Agreement,Tschida Excavating - Chief Pecchia explained that the office lease agreement for the City's Environmental Department at Acton Construction expires on February 28, 1998. He stated that a search was conducted for new office space, with Tschida Excavating selected to serve this purpose. The cost for lease of office space from Tschida Excavating would be $200 per month. The agreement has been reviewed by the City Attorney. Mayor Sullivan asked if the Environmental Department has sufficient funds to accommodate this rental fee. Chief Pecchia indicated that the Department will find funds within its budget for office rental. Council Member Neal moved to approve the lease agreement allowing for the City's Environmental Department to lease office space from Tschida Excavating, Inc. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson abstaining. Open Meeting Law - Council Member Bergeson explained that recently Council was invited to attend a Comprehensive Plan Task Force meeting. This meeting was again mentioned at a Council work session. Question subsequently arose as to whether or not this process constituted violation of the open meeting law. There was telephone communication from two separate sources, one stating that there was a violation and the other that there was not. 18 a + COUNCIL MINUTES FEBRUARY 23, 1998 Another issue raised by Council Member Bergeson is that of where and how Council obtains legal opinions. He expressed strong feelings that legal opinions should come routinely from the City Attorney and, in the event a second opinion is requested, Council as a body with full knowledge of the City Attorney should make that decision. Council Member Bergeson suggested that a policy be created specifying that the City Attorney is the first source of opinion with a procedure for obtaining any second opinion. Council Member Bergeson also suggested that Council develop a policy with regard to the open meeting law which would provide future guidance on this issue. Mayor Sullivan asked that these matters be brought to the next Council work session for discussion. She added that recent Council training provided information which conflicted with that provided by the City Attorney,thus the ensuing confusion regarding open meeting law violation. Based upon this conflict, Mayor Sullivan sought an additional opinion and subsequently announced that attendance by Council at the Comprehensive Plan Task Force meeting would be a violation of this law. She added that this information was forwarded to City Attorney Hawkins, but had not had an opportunity to discuss this matter with him. Mr. Hawkins explained that the open meeting law states, in summary, that any meeting of various public agencies must be open to the public, and that a record of that meeting must be kept of such meetings so that those who are unable to physically attend can discover its content n at a later time. Mr. Hawkins went on to identify the Comprehensive Task Force meeting as a public meeting by definition, as it was noticed, the public was invited, and a record was kept. He added that Council was correct in attending the recent Charter Commission meeting as well. And, although there is no case law to support his opinion, Mr. Hawkins stated that attendance at such meetings is consistent with the intent of the open meeting law. He added that should specific issues be raised, a special meeting should be called and posted, thus avoiding any misunderstanding. Mayor Sullivan referred to case law, indicating that due to discussion of a long-term City plan notice of Council attendance should have taken place. Mr. Hawkins responded that the only requirement for such a gathering was that it meet the definition of a public meeting; that notice was not necessary. He added that the matter resulting in the case law referred to by Mayor Sullivan involved school board members attending a planning retreat where information was exchanged inappropriately, clearly distinguishable from the meetings in question. Mr. Hawkins reiterated that any posting of notice can take place when Council members plan to attend other public meetings. Chief Pecchia stated that Staff recognizes where responsibility lies in this situation, and will come to the next work session with proposed guidelines to avoid future such incidents. Council Member Bergeson reiterated that Council should rely heavily on the City Attorney and, .-� in the unlikely event that Council should take incorrect action as a result of his advice,the City Attorney would assume responsibility for correcting the problem. Mr. Hawkins responded that open meeting law issues are common and, as with any issue brought to him by Council, he seeks 19 COUNCIL MINUTES FEBRUARY 23, 1998 to give accurate advice. He added that he would rather see Council post too much notice in order to eliminate any potential challenge. Council Member Dahl asked about notice for the upcoming Comprehensive Plan Task Force meeting. Mayor Sullivan explained that as there is not sufficient time to allow for proper notice. All Council members other than herself and Council Member Dahl should notify Mr. Wessel should they plan to attend that meeting. Council Member Bergeson asked if a blanket statement could be added to the Community Calendar as it appears within the Council agenda. Mr. Hawkins suggested that a separate list should be posted, keeping in mind the 72-hour requirement for notice. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 9:54 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the4Kii6erC04Afflivan, ing, March 9, 1998. r Marilyn derson, Clerk-Treasurer Mayor Transcribed by: Judy Pope TimeSaver Off Site Secretarial, Inc. 20 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-19 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - TOWN CENTER PARKWAY - PHASE 2 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to direction of City Staff, OSM & Associates, Inc. has prepared plans and specifications for the extension of Town Center Parkway to serve the new City Hall, Police Station and Early Learning Center on the Town Center site, and has presented such plans and specifications to the City Engineer 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 in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 28 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:30 a.m. March 27, 1998, at which time they will be publicly opened in the council chambers of the city hall by the city clerk and engineer, will then be tabulated, and will be considered by the council on April 13, 1998. Any bidder whose responsibility is questioned during consideration of the bid will be given an 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 depo it, cashier' heck, bid bond or certified check payable to the clerk for 5 percent of h unt f h bid.. im erly A. Sullivan, Mayor M rilyn G. lAnderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Sullivan and upon vote being taken thereon,the following voted in favor thereof: � The following voted against same: Lyden Whereupon said resolution was duly passed and adopted. den � Council Member Ly introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-20 RESOLUTION APPROVING PLANS AND SPECIFICATIONA AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - WARE ROAD STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to a resolution passed by the council on August 25, 1997, OSM & Associates, Inc. has prepared plans and specifications for the improvement of Ware Road between Birch Street and Ash Street and has presented such plans and specifications to the City Engineer 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 in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 28 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:00 a.m. March 27, 1998, at which time they will be publicly opened in the council chambers of the city hall by the city clerk and engineer, will then be tabulated, and will be considered by the council on April 13, 1998. Any bidder whose responsibility is questioned during consideration of the bid will be given an 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, cas ie 's check, bid bond or certified check payable to the clerk for 5 percent o t ount uch bid. t J Vlftn berly A. Sullivan, Mayor i 49. M ilyn G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon,the following voted in favor thereof: The following voted against same: None Whereupon said resolution was duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-21 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LAKES ADDITION SANITARY SEWER REHABILITATION WHEREAS, pursuant to a resolution passed by the Council on November 10, 1997, SEH, Inc., has prepared plans and specifications for the improvement of streets included in the Lakes Addition Street Reconstruction Project by repairing sanitary sewer 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 part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Wednesday, March 18, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, March 23, 1998, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 23rdrda ebru 998. Ki erl A. ullivan, Mayor aril G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: none Whereupon said resolution was duly passed and adopted. Bergeson introduced the following resolution and moved its Council Member g adoption: CITY OF LINO LAKES RESOLUTION NO. 98-23 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS - 21ST AVENUE STREET AND UTILITY PROJECT. WHEREAS, a resolution of the City Council adopted the 26th day of January, 1998, fixed a date for a council hearing on the proposed improvement for the 21 n Avenue Street and Utility Project by constructing street, storm sewer, watermain and sanitary sewer. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 23rd day of February, 1998, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. TKDA, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications f t making of such improvement. Adopted by the Lino Lakes City Council this"2 a of ry, 1998. r�1 ,// /' Ki erl A. utrivan, Mayor M rilyn G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: none Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 23, 1998. / iv Ma lyn G. Anderson, Clerk-Treasurer �y Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-24 RESOLUTION APPROVING PAYMENT 5 (final) FOR PUBLIC WORKS STORAGE BUILDING PROJECT WHEREAS, the construction of the Public Works Storage Building Project has been completed by Riverside Construction of Elk River, Inc. and; WHEREAS,the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 5 (final) in the amount of $8,659.00 is approved for a total contact amount of $172,785.00. Adopted by the City Council this 23rd day o ruary, 8. Kim e ly . S i n, Mayor ar lyn G. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Dalh, Neal, Sullivan. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 23, 1998. M rilyn . Anderson, Clerk-Treasurer HNCIV I L\74MW1SC1,PIN.PAY Council Member Lyden introduced the following resolution and moved a.. its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-25 RESOLUTION ADOPTING GUIDELINES FOR PROMOTIONAL EXPENSE REPORTING WHEREAS, it is recognized that from time to time it may be necessary for certain city officials to incur expenses in the advance of business and industry for the City of Lino Lakes, and WHEREAS, this type of expense differs from expenses incurred while at conferences or conventions, and WHEREAS, the policy in the Personnel Policy governing expenses incurred at conference and conventions does not address promotional expenses, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: That the council does hereby adopt the attached policy listed as Promotional Expense Policy, and adds it to the Personnel Policy as Section 8.03. Adopted by the Lino Lakes City Council this 23rd day of Februa , 998. /4wi A&/ '0 b rly# Sullivan, Mayor Jean iger, Deputy Clerk asurer The motion for adoption`o e foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: None Whereupon said resolution was duly passed and adopted. �.. MINUTES MARCH 4, 1998 n LINO LAKES CITY COUNCIL WORK SESSION WEDNESDAY March 4, 1998 5:30 p.m. Council Members Present: Council Members Bergeson,Dahl,Lyden,Neal Council Members Absent: Mayor Sullivan Staff Members Present : Finance Director, Mary Vaske; City Engineer, Dave Ahrens; Parks and Recreation Director, Rick DeGardner; Community Development Director, Brian Wessel and Clerk-Treasurer, Marilyn Anderson. 1. Discussion of New Accounting Software, Mary Vaske Mary explained the need for new computer software and hardware and that financing the purchase would come from interest income not included in the 1997 budget. Council Member Bergeson felt uncomfortable using some of the accumulated fund balance for the purchase. Put on March 9th March 9th regular agenda. 2. Discussion of U.S. West's Plans for New Area Code, Dan Tesch Originally the Public Utilities Commission agreed to allow U. S. West to split the metro area into two (2) area codes. The Commission also required that the split be along municipal boundaries. U. S. West has now indicated that several cities including Lino Lakes will have two (2) different area codes because of difficulty with their equipment. Dan was instructed to send letters to the Public Utilities Commission asking that they stick with the original decision and to send letters to the League of Minnesota Cities and our state senator and legislator. This item will be on the March 9th agenda. 3. City Administrator Search Update, Dan Tesch Dan has received two (2) proposals, one from PDI and another from Brimeyer Associates. There is a third proposal from a company located out of the metro area. They cannot get to the March 9th Council meeting until after 9:00 p.m. Chris and Caroline met with Dan at the city hall last week to review the proposals. Chris and Caroline like the PDI proposal. This item will be placed on the March 9th agenda. PAGE 1 MINUTES MARCH 4, 1998 4. Referendum Update, Rick DeGardner Rick asked Council if they would support a referendum if a site for the athletic complex was not finaled. He noted that the owner and the owners relatives are not interested in a contract at this time. Rick also identified other sites that were investigated. Will be discussed at the March 16th goals work session. 5. Removal of Playground Equipment from Shenandoah Park, Rick DeGardener The playground equipment is unsafe and will be removed. 6. Discussion of Inline Skating Facility with Other Cities and School Districts, Rick DeGardner Superintendent McClellan is "gun-ho" on this project and the City will be asked for financial support. The Council will be kept updated. 7. Discussion of Ordinance Establishing Utility Rates to Properties Outside City of Lino Lakes Boundaries, Dave Ahrens Dave and Mary Vaske will work together to prepare a policy or ordinance. The draft will be submitted to the City Attorney for his input. 8. Discussion of Joint Powers Agreement With the City of Centerville, Dave Ahrens A draft Joint Powers Agreement was prepared and submitted to the City of Centerville. They have suggest a few minor changes. Dave feels the suggestions are OK. He will meet with the Centerville staff,Thursday, March 5, 1998 9. Discussion of Water Interconnection with the City of Centerville, Dave Ahrens Centerville engineers prepared a policy, it is OK except that it does not contain language regarding sprinkling bans. A sprinkling ban policy will be prepared and added to the document and brought before the City Council for their approval. 10. Discussion of Resolution to Approve Wetland Banking Credit Purchase Agreement, Hodgson Road(49)/Lake Drive (23) Intersection Project, Dave Ahrens Dave will explore Chris' suggestion with the Rice Creek Watershed District. (Wait until the environmental inventory is completed.) PAGE 2 s MINUTES MARCH 4, 1998 ,.� 11. Civic Campus Project Update, Brian Wessel Brian displayed designs and discussed the project schedule. The project is on schedule. 12. Discussion of Developing a Policy with Regard to the Open Meeting Law Which Would Provide Future Guidance on this Issue (Per discussion at February 23, 1998 Council meeting), Dave Pecchia This item will be rescheduled. 13. Regular Agenda Item 3. Consideration of Citizens Advisory Group (CAG) 1997 Report- Council Member Bergeson asked what is the future of this group? He thought the group would disband after the final 20/20 report. If this is an on- going committee there should be by-laws, appointments, etc. Dave Pecchia will pull research by Dan Tesch and let the Council know. Chris wanted to know if other cities have citizen advisory groups. This information will be brought to the March 16, 1998 work session. Item No. 4. Anoka County has advised the City that the Community Development Block Grant (CDBG) funds cannot be appropriated as proposed by the City. A resolution is being prepared showing a reduced dollar amount for the Senior Coordinator and a like amount of dollars will be budgeted in the CDBG funding to pay for a portion of the Environmental Inventory project. The balance of the Senior Coordinator funding will come from the General Fund. Item No. 7C. Chris said he agreed with the Comprehensive Land Use Plan process, however, he said he hoped that the Comprehensive Plan committee would respect the 20/20 vision project. Item No. 8A. Chris asked why this study is not being completed in-house. Dave explained that it is to labor intensive and special computer software is needed. Item No. 8E. Dave Pecchia will research past policy regarding change orders and bring the matter to the March 16th work session. 14. Adjourn The meeting adjourned at 8:45 p.m. PAGE 3 MINUTES MARCH 4, 1998 These minutes were presented, corrected and approved at the March 23, 1998 regular council meeting. v �Z *1y Ma Alyn G. Anderson, Clerk-Treasurer van, Mayor PAGE 4 COUNCIL MINUTES MARCH 9, 1998 •-� CITY OF LINO LAKES MINUTES DATE : March 9, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 8:15 P.M. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden, and Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; and City Clerk,Marilyn Anderson SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: February 4, 1998 Work Session February 23, 1998 Regular Session DISBURSEMENTS: February 28, 1998 ($63,458.48) Approved March 9, 1998 (Checks No. 50163 - 50247, $252,862.53) Approved Centennial Fire District Approved Mayor Sullivan reminded the group of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. 1 c I COUNCIL MINUTES MARCH 9, 1998 OPEN MIKE Friends of the Parks Report Thanking Annual Supporters - Georgia Herrick, 6527 Pheasant Run, began by introducing Sharon Schmidt, Pat Huelman, Bill Frogner, and Barry Bernstein, members of the Board of Friends of the Parks. The group then presented plaques of recognition to corporate sponsors who have donated $500 or more in the past year. Ms. Herrick explained that many sponsors have donated for a number of years. These funds are used for neighborhood parks,trails, and performances, enhancing the recreational and arts programs and projects for Lino Lakes. Plaques were presented to the following individuals representing their respective businesses: Denny Fredrickson, Ace Solid Waste Randy Molin, Molin Concrete Products Deb Stanbaugh, Olson, Theal and LTD Bob Gotwaldt, Target Distribution Center Mayor Sullivan expressed appreciation to Friends of the Parks for their efforts through the years. CONSIDERATION OF THE CITIZENS ADVISORY GROUP 1997 REPORT, MARK LINDBLAD Mr. Lindblad presented a summary of Vision 20/20 achievements as compiled by the Citizens Advisory Group. He pointed out the five key areas of concern to members of the community; growth, environment, commercial development, education, and parks. Mr. Lindblad expressed appreciation to all who have participated in the 20/20 projects, specifically Dan Tesch and the City Staff. Through various meetings including citizens and City Staff, substantial strides have been made in conjunction with the Comprehensive Plan. Mr. Lindblad pointed out that in particular Brian Wessel and Alan Brixius have been instrumental in leading this effort. With respect to moderate growth, Mr. Lindblad explained that the 20/20 document prescribes a balance of responsible growth in the continued development of Lino Lakes. With respect to environmental issues, Mr. Lindblad highlighted the natural resources inventory and the development of a department of environment and forestry. He expressed appreciation to Council for approval of the allocation of funds for these important issues. Mr. Lindblad mentioned continuing commercial development, and stressed the importance of continuing efforts with regard to education issues in spite of the complicated jurisdictional realities. Finally, Mr. Lindblad explained that the City's partnership with the YMCA is well underway with regard to a recreational center within the Lino Lakes Town Center/Village, and work with Anoka County to develop data on trails within the Rice Creek Regional Park continues. These efforts contribute substantially to the enhancement of the City's park system. In conclusion, Mr. Lindblad once again thanked City Staff for all of its work in these areas. 2 COUNCIL MINUTES MARCH 9, 1998 Council Member Neal asked about the current status of the Citizens Advisory Group. Mayor Sullivan indicated that Council would review this matter with members of the Group at an upcoming work session. Mr. Lindblad added that, in response to Council requests, a chairman and vice chairman were appointed, and by-laws were drafted. Mr. Tesch pointed out that copies of the report presented at this meeting are available to citizens. Council Member Neal moved to accept the Citizens Advisory Group 1997 report, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT,MARY VASKE Consideration of Purchasing New Accounting Software-Ms. Vaske explained that in 1994 the Finance Department purchased FundWorks software through Tautges, Redpath for the City's accounting programs. Since that time the developer of this software has encountered difficulty in continuing support. Therefore, two proposals for replacement software were obtained and, according to Ms. Vaske, PACE software from Computer Management Systems, Inc. (CMS) would best meet the needs of Lino Lakes. Ms. Vaske indicated that it would be desirable to make the change to CMS software prior to the end of 1998 to allow for creation of the chart of accounts, establish payroll records, etc. Support costs with the current software are $21,000 annually. The cost for PACE software support beginning in 1999 would be $5,500, which represents a considerable savings to the City. In contrast to Tautges, CMS' user base is in excess of 300 clients. In addition to software, updated hardware is required. The current server is in need of repair and/or replacement. In summary the City would purchase a server and four work stations, as well as switch to Windows NT in place of Novell. Ms. Vaske pointed out that this new equipment would be moved to the new City Hall facility upon occupancy. The total cost for the replacement hardware would be approximately $25,000. Funding for this purchase would come from the General and Utility funds. Ms. Vaske explained that in 1997 investment earnings were $48,000 more than budgeted in the General Fund, and $30,000 more in the Water and Sewer Funds, for a total excess of$78,000. According to Ms. Vaske,the purchase can be designated from these excesses in 1997,with 50%from the General Fund, 25% from the Water Fund, and 25% from the Sewer Fund. Ms. Vaske added that the new software will bring the City current with reporting requirements, and will include free government updates. Council Member Lyden asked about the projected life span for the proposed PACE software. r� Ms. Vaske explained that there should be no need to replace this software. 3 COUNCIL MINUTES MARCH 9, 1998 Council Member Bergeson expressed concern regarding the proposed method for financing the new equipment by incurring the proposed expense in the previous year, and that he would like to see additional information on the hardware. He indicated that it is not good practice to charge current expenditures to a prior year's fund balance. Mayor Sullivan suggested that this matter be tabled and discussed at the next Council work session. Ms. Vaske explained that the current quote from CMS would then be lost, and the cost would become considerably more. Council Member Bergeson suggested authorization of purchase of the software, and continue discussion regarding hardware and financing. Thus Staff would be able to take advantage of the current quote. Council Member Dahl asked if the quote is reliant upon the hardware and software being purchased as a package. Ms. Vaske said no, but the software cannot be run without the updated hardware. Council Member Lyden moved to approve the purchase of PACE software and new hardware, as presented. Council Member Dahl seconded the motion. Motion carried, with Council Member Bergeson and Mayor Sullivan voting no. Mayor Sullivan reiterated the need to place this matter on the agenda for the next Council work session. �... Consideration of Resolution No. 98 -36, Reallocation of Community Development Block Grant(CDBG) Funding for 1998/1999 - Ms. Vaske reviewed Council's adoption of Resolution 97- 15 on February 9, 1998, which allocated$34,801 to public services(including $18,516 toward the Senior Coordinator program). She added that on March 2, 1998, Anoka County directed that the City reallocate $8,216 from public services in order to ensure that the total public services budget would not exceed 15%. Staff requested that Council reallocate $8,216 from the Senior Coordinator's budget into the Natural Resources Inventory Study budget area, with that portion of the Senior Coordinator's salary and benefits to be funded from the General Fund. Mayor Sullivan indicated her understanding that discussions had taken place with Anoka County, who had indicated that this proposed reallocation would be acceptable. Ms. Vaske responded in the affirmative. Council Member Neal moved to adopt Resolution No. 98 - 36, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 36 can be found at the end of these minutes. 4 COUNCIL MINUTES MARCH 9, 1998 POLICE DEPARTMENT REPORT,RENE KAULFUSS Consideration of Permanent Full-Time Employment of Jacqueline Bowdich as Police Department Records Clerk- Ms. Kaulfuss explained that the Police Department now has a vacancy in its clerical division due to the resignation of the full-time Records Clerk in January. This position has been advertised and posted within the various City facilities, with Jacqueline Bowdich being the only applicant. Ms. Bowdich,the current part-time Records Clerk,possesses the necessary qualifications for this position, and it is the recommendation of Police Chief Pecchia that she be considered for full-time employment in this capacity. Council Member Neal moved to approve permanent full-time employment of Jacqueline Bowdich as Police Department records clerk. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Permanent Part-Time Employment of Adam Halvorson as Police Records Clerk- Ms. Kaulfuss explained that with the approval of Ms. Bowdich's transfer to full-time employment, the part-time Records Clerk position is vacant. This position was also advertised and posted, with Adam Halvorson being the only applicant. Mr. Halvorson is a reserve officer for the Lino Lakes Police Department, and possesses the desired qualities and required abilities for the vacant position having volunteered to assist with the clerical workload from time to time while completing his internship with the Police Department. Mr. Halvorson is currently attending law enforcement classes and completing the skills portion of his studies; however, he would be available to work the required hours in this part-time capacity. Therefore, Staff recommended approval of Adam Halvorson as part-time Records Clerk. Council Member Bergeson requested clarification that the schedule and description of this part- time position remains unchanged, to which Ms. Kaulfuss responded in the affirmative. Council Member Lyden moved to approve permanent part-time employment of Adam Halvorson as police Records Clerk. Council Member Neal seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT,DAN TESCH Consideration of Resolution No. 98 -36 Opposing U.S. West's Plan for Area Code Split in Lino Lakes - Mr. Tesch explained that development of this resolution is in direct support of the Minnesota Public Utilities Commission's original order regarding adherence to municipal boundaries when considering division of the metropolitan area into separate area codes. He added that the entire city of Lino Lakes is scheduled to be changed to the 651 area code by the end of 1998, but that U.S. West has indicated that it will be unable to accomplish the technical --� changes necessary to accommodate that deadline. The result would be two area codes for Lino Lakes, which is contrary to the City's overall community identity mission and,therefore, unacceptable. Mr. Tesch indicated that the proposed resolution would be submitted to the PUC, 5 COUNCIL MINUTES MARCH 9, 1998 area representative in St. Paul, and the Governor of Minnesota within the period remaining for response, which is scheduled to end on March 18. Mayor Sullivan stressed that the PUC has directed U.S. West to recognize Lino Lakes municipal boundaries. She added that U.S. West is contesting this directive based upon its current wiring system, suggesting division of the City diagonally from its northeast to southwest corners. At its recent meeting with U.S. West,the City indicated preference to stay with area code 612 rather than be divided in the event area 651 could not be provided to the entire municipality. Council Member Bergeson requested clarification of the exact dividing line, and it was suggested that_it could be through a neighborhood with residents on one side of a street having a different area code from those on the other side. Council Member Lyden moved to adopt Resolution No. 98 - 36, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 36 can be found at the end of these minutes. Consideration of Authorizing a Search Firm to Hire a City Administrator- Mr. Tesch explained that on February 25, 1998 City Council and Staff interviewed Personnel Decisions International and Brimeyer and Associates in connection with hiring a new City Administrator. He presented the proposals of these organizations for Council consideration, indicating no staff recommendation and a request for Council consensus. �..� Council agreed that, although both firms appear to be well qualified, Personnel Decisions International (PDl) would be preferred. Council Member Lyden moved to authorize retaining Personnel Decisions International to conduct a search for City Administrator candidates. Council Member Bergeson seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT Final Plat-Miller's South Glen 2nd Addition - Ms. Wyland explained this request by Rick Carlson for approval of the final plat for Miller's South Glen, Second Addition. This plat received preliminary approval by Council in May of 1997. The first addition was approved on July 14, 1997, at which time the City accepted the contribution of$98,000 from Mr. Carlson for reconstruction of Ware Road. This contribution is for both phases of Miller's South Glen. A development agreement and financial guarantees are in place for the second addition, Council has approved the additional dedicated park land, and the City Attorney has reviewed the final plat determining that the title work is in order. The City Engineer has also reviewed the final plat, and Staff recommended approval. 6 COUNCIL MINUTES MARCH 9, 1998 Council Member Bergeson requested clarification that the Planning& Zoning Board had reviewed this proposal. Ms. Wyland explained that Planning & Zoning approved Miller's South Glen 2nd Addition on February 12, 1997. Mayor Sullivan pointed out that approval of this final plat does not require a 4/5 vote. Council Member Lyden asked about variation in lot line angles, and it was suggested that the requirement for the two corner lots to have a specific amount of frontage might be the cause for the angled delineation. Council Member Bergeson commented that neither addition connects to other developments,but that the cross street extends further to the east allowing for future connection. Mayor Sullivan asked if any neighborhood issues remain, and Ms. Wyland explained that the only significant issue is the improvement of Ware Road which was addressed and resolved through Mr. Carlson's contribution. Ms. Wyland added that drainage issues have also been addressed by Mr. Carlson. Council Member Bergeson moved to approve the final plat for Millers South Glen, 2nd Addition, as presented. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. SECOND READING, Ordinance No. Ol - 98, Telecommunications - Ms. Wyland explained that this proposed zoning ordinance amendment requires a 4/5 vote for approval by Council. Detailed discussion at its February 23, 1998 meeting resulted in Council's approval of the first reading of this ordinance with the addition of Section 3, Subd. 15.G.1.a.3 prohibiting the location of personal wireless service antennas on single-family detached residential dwellings. Ms. Wyland stated that in all other respects the proposed ordinance remains the same as at the time of the first reading. Council Member Lyden moved to approve the SECOND READING of Ordinance No. 01 - 98, Telecommunications, as presented. Council Member Neal seconded the motion. Roll call vote determined approval to be unanimous. Ordinance No. 01 - 98 can be found at the end of these minutes. Comprehensive Plan Update -Mr. Wessel explained that during the past three (3)weeks there have been four(4) Comprehensive Plan Task Force meetings, the first three (3)being presentation of material, including the citizens forum. He stated that all meetings were well attended,but that there have been requests from a number of residents for a change in the overall process which would allow for availability of relevant information prior to meetings, more discussion reviewing commentary and issues, and Task Force closure to the issues presented. �•.� Mr. Wessel explained that these requests have been addressed through a format change, which resulted in a more interactive and participatory session. 7 COUNCIL MINUTES MARCH 9, 1998 On Thursday, March 12,the Task Force meeting will relate to District 4, and over the next four (4) Thursdays meetings will take place, at 6:00 p.m., covering the remaining districts (4, 5 and 6). Mr. Wessel encouraged citizen participation. CITY ENGINEER'S REPORT,DAVID AHRENS Consideration of Accepting Proposal for Preparation of Comprehensive Sanitary Sewer Plan and Comprehensive Water Plan-Mr. Ahrens explained that the City is currently in the process of updating its Comprehensive Plan, including land use and transportation components. In addition, the City must update its sanitary sewer and water comprehensive plans. Staff has solicited requests for proposals (RFPs) from the City's three (3) engineering consultants regarding preparation of comprehensive sewer and water plans. The resulting proposals are summarized as follows: TKDA, Inc. $25,050 OSM, Inc. $55,000 SEH, Inc. $55,000 Mr. Ahrens then explained that the 1998 sewer and water budgets include $25,000 respectively ($50,000 total)to complete the plans; therefore, with acceptance of TKDA;s proposal, the City would remain considerably under budget for these items. TKDA has completed similar work for Lino Lakes, and has adequate experience in completing the necessary work on schedule. Staff recommended Council approval allowing for TKDA to prepare the City's comprehensive sanitary sewer plan and comprehensive water plan. Mayor Sullivan requested an explanation of the substantial difference between TKDA's bid and those of the other two consulting firms. Mr. Ahrens opined that the current workload might have resulted in a more aggressive bid by TKDA, and that previous work for Lino Lakes in these areas would necessitate less background research. Council Member Bergeson asked about the time frame for the sewer and water lines. Mr. Ahrens explained that these plans coincide with 20/20 requirements, land use plans, and the infrastructure to support that land use. Council Member Lyden expressed concern that when the Comprehensive Plan is put into practice timelines will not actually live up to the projected longevity, and that perhaps the proposed plan preparation might be an overextension for the City. Mr. Ahrens responded by stating that there is a need for these planning tools for use in future land use and development decisions. Additionally, Mr. Ahrens indicated that the Metropolitan Council is requiring much of this work. 8 COUNCIL MINUTES MARCH 9, 1998 Council Member Dahl asked when this would be done. Mr. Ahrens stated in conjunction with the Comprehensive Plan, allowing for completion of sanitary sewer and water system plans within one month of land use plans. He added that the compilation of information would begin immediately, with work continuing through the summer. Council Member Dahl also questioned the difference between TKDA's proposal and those of the other two firms. Mr. Ahrens indicated that he conducted a thorough review of the proposals, especially in light of the significant difference in projected cost. He added that he is satisfied that TKDA's proposal is complete and adequately addresses the City's requirements. Council Member Bergeson suggested the possibility that the total cost could increase. Mr. Ahrens acknowledged that a"not-to-exceed" stipulation was not included in this request for proposal, and that increased workload could result in additional cost. Mayor Sullivan asked if Council's approval could be made contingent upon the bid amount being guaranteed. City Attorney Hawkins pointed out that a change in work scope from that included in the request for proposal would result in a change in cost. Mr. Ahrens added that even with a"not-to-exceed" stipulation, there is a provision that additional fees would be appropriate in the event unforeseen increases in work occurred. Mayor Sullivan indicated reluctance to approve acceptance of TKDA's approval without a cap on cost. City Attorney Hawkins suggested additional review of this matter with an eye toward formalizing a cap on fees. Council Member Dahl requested additional information regarding the other two consulting firms' proposals. Council Member Bergeson suggested that Mr. Ahrens and City Attorney Hawkins could assess the other proposals and report back to Council. City Attorney Hawkins suggested that the first course of action should be to review TKDA's proposal, and request additional information from the others only in the event that review raises that need. Council Member Lyden expressed his disagreement philosophically with directives from the Metropolitan Council which may or may not be of benefit to Lino Lakes. Mayor Sullivan acknowledged Council Member Lyden's concern, adding that such direction comes without financial support; however, she recognized the value of this planning tool. Council Member Bergeson moved to return the proposal for preparation of a comprehensive sanitary sewer plan and comprehensive water plan to Staff for further refinement. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 -30,Approval of Joint Powers Agreement with Anoka County regarding Traffic Signal at Elm Street and Lake Drive - Mr. Ahrens explained that with the construction of Centennial Middle School a traffic control signal at Elm Street and Lake Drive became necessary, being a high priority for both Council and the school district. A joint powers agreement between Lino Lakes and Anoka County is necessary to define each agency's 9 COUNCIL MINUTES MARCH 9, 1998 responsibilities with respect to operation and maintenance of this signal system. Pursuant to the proposed agreement, Lino Lakes would be responsible for electrical costs to operate the signal system, construction costs, and the maintenance, relamping and painting of luminaries. Anoka County would maintain the traffic signal controller, traffic signal lamps, loop detectors, associated wiring of the traffic control system, and traffic signal painting at the City's cost. The County would bill the City for any maintenance work performed or subcontracted for by the County. Mr. Ahrens further explained the reason for the City having responsibility for the costs of this traffic signal. Pursuant to County policy,the traffic control signal which is the subject of this request is an"unwarranted" system, and as such is the financial responsibility of the City. Had this signal system fallen within the requirements for a"warranted" system and been a programmed improvement by the County, the County would have been responsible for certain maintenance and construction costs. With respect to the proposed Joint Powers Agreement, Mr. Ahrens pointed out that City Attorney Hawkins has reviewed the document and found it to be in order. Council Member Bergeson asked about estimated annual cost to the City. Mr. Ahrens estimated the cost to be between approximately $1,000 and $3,000 plus the County's portion, electrical costs and any other City costs. Council Member Neal asked if the school district shared any cost responsibility. Mr. Ahrens explained that the district paid for two-thirds (2/3rds) of the construction cost, but bears no responsibility for operation. Mayor Sullivan indicated that this traffic signal could have been considered "warranted", had installation been delayed. However, due to safety issues, Council requested that the signal be installed at the time the school was constructed. Council Member Bergeson asked if the City's obligation through the proposed agreement could be terminated at some time in the future, if the traffic count causes this installation to be considered"warranted". The City Attorney indicated that the agreement could be terminated at any time with 30 days notice. Council Member Bergeson moved to adopt Resolution No. 98 - 30, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 30 can be found at the end of these minutes. Consideration of Resolution No. 98- 31, Restrict Parking on Portions of Ware Road - Mr. Ahrens explained that, pursuant to Minnesota State Aid rules, the City must adopt a resolution restricting parking along reconstructed state aid roads that do not have parking lanes provided in the design. Ware Road has portions on its west side between Ash and Birch Streets, and on its east side,between Ash Street and the south property line of lot 11, block 4, Shenandoah that 10 COUNCIL MINUTES MARCH 9, 1998 require parking restriction. Therefore, Staff recommended adoption of Resolution No. 98 - 31 restricting parking in that area. Council Member Bergeson asked if easements would have to be taken from adjacent properties, to which Mr. Ahrens responded that they would, and that all of the affected residents had given their approval. Mayor Sullivan confirmed that updates regarding the easements would be forthcoming at the next Council work session. Mr. Ahrens responded in the affirmative. Council Member Lyden moved to adopt Resolution No. 98 - 31, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 31 can be found at the end of these minutes. Consideration of Resolution No. 98 -33,Approve Change Orders 1 and 3 and Payment No. 5 (final), Birch Street Trunk Watermain - Mr. Ahrens explained that this project, initiated in the fall of 1996, extended watermain from near the Pheasant Hills Preserve development east along Birch Street, north on 20th Avenue, and then east again along Cedar Street alignment to serve the developing area on the east side of the City. The contractor is now requesting approval for final payment in the amount of$7,954.08, including change orders 1 and 3. Change order No. 2 was originally intended for trail paving, but was not executed. All necessary lien waivers and withholding affidavits have been submitted to Staff, thereby meeting the requirements of the construction contract. Staff recommended payment of the final contract amount, summarized as follows: Original Bid Amount $566,324.57 Change Order No. 1 15,173.40 Change Order No. 3 ( 5,393.20) Final Contract Amount $576,101.77 Council Member Neal expressed concern regarding the approval process for change orders. Mayor Sullivan suggested that this issue be referred to City Administration for development of a process whereby Council could consider change orders prior to their approval by the City Engineer. Mr. Ahrens suggested that this matter be discussed at a future Council work session. Council Member Bergeson moved to adopt Resolution No. 98 - 33, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 33 can be found at the end of these minutes. Consideration of Resolution No. 98 -34, Approve Change Orders 3 and 4 and Payment No. 7 (final.), Clearwater Creek Trunk Utility Improvements - Mr. Ahrens explained that the contractor for the Clearwater Creek Trunk Utility Extension Project is now requesting approval 11 COUNCIL MINUTES MARCH 9, 1998 for payment No. 7 (final) in the amount of$23,328.52, including change orders 3 and 4. This project, completed in the fall of 1996, included construction of trunk sanitary sewer and watermain from Cedar Street to Main Street, providing utility service to the Clearwater Creek Economic Development area. The final contract amount is summarized as follows: Contract Amount to date $773,509.59 Change Order No. 3 64,129.95 Change Order No. 4 13,328.52 Final Contract Amount $850,968.06 Mr. Ahrens explained that Change Order No. 3 reflects the actual quantities installed by the contractor compared to the estimated amounts by the Engineer, Change Order No. 4 includes work to restore the fence at the Acton construction site and repair of the driveway, sign and restoration of drainage at the Otter Lake Veterinary Clinic, and Change Orders No. 1 and 2 were previously approved by Staff and include work to restore road access to Adgraphics and Northern Wholesale, and completion of various items not included in the original contract. Mayor Sullivan asked if the engineer involved in the bidding process would not have been aware of the need to route utilities under the existing roadway. Mr. Ahrens explained that at the time of the bid NSP's requirements with regard to affected power poles were not known. Mayor Sullivan pointed out that this particular pole is a heavy transmission system structure. Council Member Bergeson moved to adopt Resolution No. 98 - 34, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 34 can be found at the end of these minutes. Consideration of Resolution No. 98 - 35, Approve Relocation Agreement with Northern States Power Company, Otter Lake Realignment Project- Mr. Ahrens explained that the planned realignment of Otter Lake Road impacts a guy wire supporting a Northern States Power pole. This guy wire is located on private property, and not within the County right-of-way. Therefore, the City is responsible for the cost of relocating the guy wire. This cost is estimated to be $21,000 and would be assessed to benefiting property owners. Pursuant to the proposed relocation agreement,NSP is requesting payment of 80%of that amount, or$16,800 to be paid in advance. City Attorney Hawkins has reviewed the proposed agreement, and finds it to be in order. Mr. Ahrens pointed out that the original road realignment would have necessitated relocation of the entire pole, at a cost to the City in excess of$140,000. Therefore,the realignment was revised with County approval to reduce the impact to the guy wire only. Avoiding impact completely would have required additional right-of-way from the property owner, which would have created a narrow strip of undevelopable land between the power line easement and the road right-of-way. Considering the above, Staff recommended relocation of the guy wire. 12 COUNCIL MINUTES MARCH 9, 1998 Mayor Sullivan asked how this situation could be avoided in the future. Mr. Ahrens explained that power lines are always taken into consideration in project planning, and that any relocation of poles within City right-of-way is the responsibility of the service provider. However, this project could not avoid the NSP right-of-way, making relocation the City's responsibility. Council Member Lyden moved to adopt Resolution No. 98 - 35, as presented. Council Member Bergeson seconded the motion. Motion carried, with Council Member Neal voting no. Resolution No. 98 - 35 can be found at the end of these minutes. OLD BUSINESS -None. COMMUNITY CALENDAR FOR MARCH 9 THROUGH MARCH 23, 1998 Planning & Zoning Board Meeting,Wednesday,March 11, 1998, 6:30 p.m. Earth Day Meeting,Wednesday, March 11, 1998, 6:30 p.m., Lino Lakes Senior Center Comprehensive Plan Meeting-District 4, Thursday,March 12, 1998,6:00 p.m. Septic System Care Seminar, Monday, March 16, 1998, 7:00 p.m. Citizens' Advisory Group, Monday, March 16, 1998, 7:00 p.m. Friends of the Park,Tuesday, March 17, 1998,6:00 p.m. Council Work Session,Wednesday,March 18, 1998, 5:30 p.m. Comprehensive Plan Meeting,Thursday, March 19, 1998, 6:00 p.m. NEW BUSINESS Consideration of Work Session Minutes, February 18, 1998 (Council Member Lyden was absent) - Council Member Bergeson moved to approve the February 18, 1998 Council work session minutes, as submitted. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden abstaining. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:15 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, March 23, 1998. 13 COUNCIL MINUTES MARCH 9, 1998 M ilyn nderson, Clerk-Treasurer *KiA. 11ivan, Mayor Transcribed by: Judy Pope TimeSaver Off-Site Secretarial, Inc. 14 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-30 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING TRAFFIC CONTROL SIGNAL AT ELM STREET AND LAKE DRIVE WHEREAS, Elm Street is under the jurisdiction of the City and Lake Drive (CSAH 23) is under the jurisdiction of Anoka County, and WHEREAS, the City has completed a traffic control signal improvement at the intersection of Elm Street and CSAH 23, and WHEREAS, Minnesota Statutes 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes approves and hereby directs Mayor and City Clerk to sign the Joint Powers Agreement with Anoka County regarding the traffic control signal at Elm Street and Lake Drive. Adopted by the Lino Lakes City Council thi 9t of M h, 1998. L Ki Lgivan, Mayor Marlyn G. nderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was duly passed and adopted. Council Member Lyden introdced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO 98-31 RESOLUTION RESTRICTIONS PARKING ON THE WEST SIDE OF WARE ROAD BETWEEN ASH STREET AND BIRCH STREET,AND THE EAST SIDE OF WARE ROAD BETWEEN ASH STREET AND THE SOUTH LINE OF LOT 11, BLOCK 4, SHENANDOAH. WHEREAS,the city of Lino Lakes has planned the improvement of MSAS 105 (Ware Road) from Ash Street to Birch Street. WHEREAS, the City of Lino Lakes will be expending Municipal State Aid Funds on the improvement of said street. WHEREAS, the improvement does not provide adequate width for parking on the West side of Ware Road, between Ash Street and Birch Street , and the East side of Ware Road between Ash Street and the south property line of lot 11, block 4, Shenandoah. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE �.. CITY OF LINO LAKES, MINNESOTA: 1. That the City of Lino Lakes shall ban the parking of motor vehicles on the West side of Ware Road (MSAS 105) between Ash Street and Birch Street and East side of Ware Road (MSAS 105) between Ash Street and the south property line of lot 11, block 4, Shenandoah at all times. Adopted by the Lino Lakes City Council on this 9th day of c 4bl 1998. ullivan, Mayor Marilyn G Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. �' Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-33 RESOLUTION APPROVING PAYMENT 5 (final) and CHANGE ORDER NO. 1 and NO. 3 FOR BIRCH STREET TRUNK WATERMAIN PROJECT WHEREAS, the construction of the Birch Street Trunk Watermain Project has been completed by Richard Knutson, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of$15,173.40 is approved. 2. Change Order No. 3 in the amount of ($5,396.20) is approved. 3. Payment number 7 (final) in the amount of$7,954. 8 is approved for a total contract amount of$576,101.77. Adopted by the City Council this 9th day of a144 + 1 C� Ki Ve ly lk Sullivan, Mayor Mdrilyn d. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on March 9, 1998. / Ma lyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-34 RESOLUTION APPROVING PAYMENT 7 (final) and CHANGE ORDER NO. 3 and NO. 4 FOR CLEARWATER CREEK TRUNK UTILITY PROJECT WHEREAS, the construction of the Clearwater Creek Trunk Utility Project has been completed by Richard Knutson, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 3 in the amount of$64,129.95 is approved. 2. Change Order No. 4 in the amount of$13,328.52 is approved. 3. Payment number 7 (final) in the amount of$23,328.52 is approved for a total contract amount of$850,968.06. Adopted by the City Council this 9th day of Kii rly Sullivan, Mayor Ma lyn G. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden. and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. n Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-35 RESOLUTION APPROVING RELOCATION AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR THE OTTER LAKE ROAD REALIGNMENT PROJECT WHEREAS, the Otter Lake Road Re-alignment Project will require relocating a guy wire owned by Northern States Power, AND WHEREAS, Northern States Power facilities are located on private property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council of Lino Lakes approves and hereby directs the City Clerk to sign the Relocation Agreement with Northern States Power. Adopted by the Lino Lakes City Council this 9th f Mar 998. i erl A. Vul ' an, Mayor M�rilyAAr��son, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: council Member Neal. Whereupon said resolution was duly passed and adopted. Council Member Neal introducedhe following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-36 A RESOLUTION REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEAR 1998-1999. WHEREAS, The City of Lino Lakes is anticipating receiving Community Development Block Grant Funds in funding year 1998-1999 in the amount of $34,801.00($35,801.00 less $1,000.00 for County administration costs), and WHEREAS, The City Council supports the funding of a Senior Outreach program for our community through the Anoka County Community Action Program, and WHEREAS, The City Council supports Alexandra House and its cause of assisting families with intervention services, and WHEREAS, The City Council supports the Community Emergency Assistance Program and its mission of helping people become self-sufficient and maintain their dignity, and WHEREAS, The City Council supports the Forest Lake Youth Service Bureau and its goal of providing service to the communities youth, and WHEREAS, The City Council supports the Meals on Wheels program, designed to provide food to homebound seniors and handicapped individuals,and WHEREAS, The City Council supports the ARC of Anoka and Ramsey Counties program,designed to provide advocacy and support to people with developmental disabilities and their families, and WHEREAS, The City Council supports the continuation of the Senior Citizens Center Coordinator program which has been funded through C.D.B.G. funds since its inception, and WHEREAS, The City Council supports the Natural Resources Inventory Study. This project will complete a natural resources inventory, maps and management plan for Lino Lakes, and begin implementation of the plan strategies. Page 2 Resolution 98-36 NOW THEREFORE BE IT RESOLVED: 1. That the Lino Lakes City Council hereby requests that$3,400.00 of its 1998-1999 C.D.B.G.funds be designated for the Anoka County Community Action Program. 2. That the Lino Lakes City Council hereby requests that$4,000.00 of its 1998-1999 C.D.B.G.funds be designated for Family Intervention Services provided by the Alexandra House. 3. That the Lino Lakes City Council hereby requests that$1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Community Emergency Assistance Program. 4. That the Lino Lakes City Council hereby requests that$5,000.00 of its 1998-1999 C.D.B.G funds be designated towards the Forest Lake Youth Service Bureau ,—� program. 5. That the Lino Lakes City Council hereby requests that$1,885.00 of its 1998-1999 C.D.B.G funds be designated towards the Meals on Wheels program. 6. That the Lino Lakes City Council hereby requests that$1,000.00 of its 1998-1999 C.D.B.G funds be designated towards the ARC of Anoka and Ramsey Counties program. 7. That the Lino Lakes City Council hereby requests that$10,300.00 of its 1998- 1999 C.D.B.G.funds be used in support of the Senior Citizen Coordinator program, designed to promote the center's programs. 8. That the Lino Lakes City Council hereby requests that$8,216.00 of its 1998-1999 C.D.B.G. funds be used to assist in paying for an Natural Resources Inventory Study. 9. That the aforementioned dollar allocations shall be expended to the fullest extent possible given possible public service limitations at Anoka County. Page 3 Resolution 98-36 Adopted by the Lino Lakes City Cu is 91h of March, 1998. jKi Illiv ayor VI 7 Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson andupon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. L. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-37 A RESOLUTION IN SUPPORT OF THE MINNESOTA PUBLIC UTILITIES COMMISSION'S ORDER THAT AREA CODE SPLITS FOLLOW MUNICIPAL BOUNDARIES WHEREAS, the Minnesota Public Utilities Commission(PUC) issued an Order on 13 November, 1997 establishing an area code relief plan and setting policies for number conservation which required an area code split that would follow municipal boundaries; and WHEREAS, as a result of that Order, the City of Lino Lakes was assigned the new area code of 651, and WHEREAS, U S West Communications Inc., has filed a petition with the PUC stating that they will be unable to comply with the technical changes associated with the Order given the January 1, 1999 time table, and is therefore proposing that the western portion of Lino Lakes remain in the 612 area code, and the eastern portion of Lino Lakes be assigned the new 651 area code, and WHEREAS, dividing the community into two distinct area codes would create significant disruptions for government, emergency services, school districts, businesses, industry and residents, and WHEREAS, further division of the City of Lino Lakes by any boundary, whether physical or intellectual, goes against every directive and mission of the city council which has been to create an identity and a sense of community for its residents, NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby requests the Minnesota Public Utilities Commission maintain its original decision and require division of telephone area codes along municipal boundaries. "'� Adopted by the Lino Lakes City Council this 9th Day of March, 1998. Resolution 98-3 7 Page -2- JK yor 162 L Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. Planning&Zoning Board January 14, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : January 14,1998 TUViE STARTED 6:34 P.M. TIME ENDED 8.45 P.M. MEMBERS PRESENT Dunn,Gelbmann,Herr,Johnson,Robinson and Schaps MEMBE_ RS ABSENT : None STAFF.-PRE ENT Planning Coordinator Wyland, Economic Development Director Wessel,Planning Consultant Brixius I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:34 p.m., January 14, 1998. He pointed out that Ms. Dahl was not present at this meeting due to her election to City Council. II. APPROVAL OF MINUTES -DECEMBER 10, 1997 Mr. Johnson made a MOTION to approve the minutes of the December 10, 1997 meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Robinson. Motion carried, 6-0. III. APPROVAL OF AGENDA The agenda was approved as submitted. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:35 p.m. There were no comments. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m., and was supported by Mr. Johnson. Motion carried 6-0. Planning&Zoning Board January 14, 1998 Page 2 V. ACTION ITEMS A Continuation of Public Hearing,Telecommunication Ordinance Chair Schaps opened the continuation of this public hearing at 6:36 p.m. Mr. Brixius explained that development of this ordinance has been ongoing for approximately five months. He indicated that his hope was to present enough information at this time to close the public hearing. Prior to reviewing the current draft of the ordinance, Mr. Brixius directed the Board's attention to the November 19, 1997 opinion of the City Attorney's office. This opinion was based upon a previous draft of the ordinance, and expresses clearly that the Telecommunications Act gives Lino Lakes the authority,through zoning, to regulate the placement, construction and modification of personal wireless service facilities. However, the opinion went on to caution that IN GENERAL. No state or local statute or regulation, or other state or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Mr. Brixius stated that the draft ordinance upon which this opinion was based incorporated placement of telecommunication antennas and towers in various zoning designations, including commercial, industrial and semi-public. The opinion expresses agreement with the appropriateness of placing them within these zones, providing the City is not limiting tower or service ability to the community and that the ordinance cannot be interpreted to be so restrictive as to prevent adequate provision of this utility. The first draft ordinance was more lenient. Concerns addressed were placement of towers and/or antennas with respect to aesthetic and environmental impact on the community. The December 4 draft, which was forwarded to the Planning Commission in December, includes a number of changes. Mr. Brixius mentioned that a meeting had taken place with MnDOT and U.S. West at which two issues were discussed: (1) Placement of a personal wireless service antenna for use by U.S. West, and (2) location of an emergency public safety tower for MnDOT which would serve State patrol, Anoka County including the local correctional facility, and some local police band radio communications. In review of the 12/4/97 draft ordinance, Mr. Brixius directed the Board's attention first to Section 1, which consists of pertinent definitions. Section 1.1. through 1.6. refer to the various types of antennas and their distinctly separate treatment. Mr. Brixius reviewed certain additional definitions of particular note, such as Secondary Use. He pointed out �. Planning&Zoning Board January 14, 1998 Page 3 that antennas of this nature are owned by the service provider, not by the property owner; and that the City's desire is that such antennas be located on existing support structures. Mr. Gelbmann asked if Section 1.6. as written is perhaps too specific, suggesting that other types of communication, such as citizen band, might fall under this category. Mr. Brixius indicated that he would have no objection to adding citizen band to this definition. Mr. Brixius continued, with specific attention to the definitions of Support Structure, being any structure other than a tower to which an antenna can be attached; Tower, which would be a separate structure intended primarily for the purpose of mounting antennas; and Tower, Temporary Mobile, which would also be intended primarily for mounting of antennas, but on a mobile structure. Next Mr. Brixius referred to Section 2., which is intended to address general provisions of the City's zoning code. Of particular significance, the last sentence of Section 2. Subd. 15., Antennas, A., Purpose and Intent states: The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. Mr. Brixius then summarized the 14 General Standards of Section 2. Subd. 15.B., which apply to all antennas, including restriction as to location of antennas on nonconforming structures, setback requirements for tower location, removal of obsolete or unused antennas within 12 months,compliance with Uniform Building and Electrical Code requirements, compliance with manufacturer's specifications, authorization of property owners, prohibition of advertising and artificial illumination, accommodation of additional users, appearance of towers, safety specifications, impact upon ongoing public services, and amateur radio towers including federally licensed amateur radio stations. With respect to No. 7 of these standards which refers to advertising restrictions, Mr. Johnson asked if that would include U.S. West placing its name on an antenna intended for its use. Mr. Brixius explained that an identification marker would probably be acceptable. The purpose of this provision is to prevent antennas and antenna structures from becoming advertising billboards. Mr. Brixius then summarized Section 2., Subd. 15., C., which provides for certification, inspection and maintenance of towers, antenna support structures and related equipment or structures. No. 3 under this section states, in part, "The City shall have authority to enter onto the property upon which a tower is located, between the inspections and Planning&Zoning Board January 14, 1998 Page 4 certifications required above...",and Mr. Brixius recommended that the phrase"between the inspections and certifications required above"be eliminated. No. 3 would then read: 3. The City shall have authority to enter onto the property upon which a tower is located to inspect the tower for the purpose of determining whether it complies with the Uniform Building Code and all other construction standards provided by the City's Code, federal and state law. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner. All expenses related to such inspecting by the City shall be borne by the owner. Mr. Brixius summarized Section 2., Subd. 15., D., E., and F., which cover the City's requirements with respect to monopole tower design, approval of new towers only if antennas cannot be located on existing towers within a one-mile radius, and location of accessory antennas outside of required yards (except a rear yard) or within utility easements, with a minimum five-foot setback and a maximum fifteen-foot addition in height above the existing structure's height restriction, without approval of a conditional use permit. With respect to Section 2., Subd. 15.G., which refers to provisions for Personal Wireless Service Antennas, Mr. Brixius requested the addition of language to include permitted secondary use, as follows: G.La. Antennas Located Upon An Existing Structure. Personal wireless service antennas as a permitted secondary use maybe located upon existing towers or structures and shall require the processing of an administrative permit and shall comply with the following standards: Mr. Gelbmann asked if this provides that short wave or citizen band operators can lease space on their towers to commercial providers. Mr. Brixius explained that this would be possible, citing such additional applications as church steeples, utility poles, and light poles within community parks. Within this same section, Mr. Brixius requested the addition of the following language: G.1.b. New Towers: The erection of new personal wireless service towers within Rural, Residential and Business Zoning Districts of the City is prohibited. Planning&Zoning Board January 14, 1998 Page 5 Mr. Robinson asked why towers within rural zoning districts would be prohibited. Mr. Brixius explained that, again,this requirement is designed to limit a large number of towers. Even though certain areas of the City are currently zoned Rural,there is always the possibility that they may not be indefinitely. Mr. Robinson referred specifically to an area in the northeast portion of Lino Lakes, asking if the community's total coverage would be sufficient with the exclusion of that particular area. Mr. Brixius stated that U.S. West had been consulted with respect to anticipated area coverage. Over all, caution is recommended, with an eye toward avoiding challenge on the basis of being overly restrictive. In Section 2., Subd. 15., G.2., which states the City's requirements with respect to its industrial district, Mr. Brixius requested the addition of the following language: G.2.a. Antennas Located Upon An Existing Structure or Existing Tower. Personal wireless service telephone antennas as a permitted secondary use may be located upon an existing structure or co-located on an existing tower and shall require the processing of an administrative permit and shall comply with the following standards: and G.2.b. New Towers. New towers as a permitted secondary accessory use shall require an administrative permit and shall comply with the following standards: Mr. Brixius also asked that G.2.b.1) be amended to read as follows: The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by location the antennas on existiny,towers or support structures. Section 2., Subd. 15.G.2.b.2) sets the City's requirements for height and setback. Section 2., Subd. 15.G.2.b.2)a) provides for a two-antenna capacity tower not to exceed 100 feet, and a three-antenna capacity tower not to exceed 120 feet. Section 2., Subd. 15.G.2.b.2)b) includes a setback of not less than the height of the antenna from the nearest property line. Mr. Brixius stated that the industry representatives have requested an increase to the height requirement. Planning&Zoning Board January 14, 1998 Page 6 The remainder of Section 2., Subd. 15.G.2.b. deals with housing of support equipment and security fencing. Mr. Brixius recommended the following change to Section 2., Subd. 15.G.2.c.: Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower as a permitted secondary use may be used on an interim basis until a permanent site is constructed and shall require the approval of an administrative permit and shall comply with the following standards: Section 2., Subd. 15.G.3. should be entitled Public/Semi-Public District Standards, and Section 2., Subd. 15.G.3.a. should be amended to read as follows: Antennas Located Upon An Existing Tower or Structure. Personal wireless service antennas as permitted secondary use may located upon public structures or existing towers and shall require the processing of an administrative permit and shall comply with the following standards: Section 2., Subd. 15.G.3.b., referring to new towers, should be similarly amended, to read u as follows: New towers as permitted seconda ,muses shall require approval of an administrative permit and shall comply with the following standards. Mr. Brixius also recommended that Section 2., Subd. 15.G.3.b.1) be amended to state: The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas on existing towers or support structures. Mr. Brixius reviewed Section 2., Subd. 15.H., which provides guidance with respect to commercial and public radio and television transmitting antennas and public utility microwave antennas. The standards include consistency with the requirements of Section 2, Subd. 2; location upon a continuous parcel being equal in size to the height of the structure, and safety in the form of a fence not greater than eight feet in height with a maximum opacity of fifty percent. Planning&Zoning Board January 14, 1998 Page 7 With respect to the industry's request to change the maximum height requirement,Mr. Brixius referred the Board to January 9, 1998 correspondence from John Gibbs, suggesting the following addition: Section G.l.c. Height Limitations. For the purpose of locating personal wireless service antennas on existing towers or structures,height limitations otherwise imposed by other provisions of this code or applicable land use regulation or permits may be increased by conditional use permit by 50 percent when applied to the following structures: 1) Church spires 2) Belfries 3) Cupolas and domes which do not contain usable space 4) Monuments 5) Water towers 6) Fire and hose towers 7) Observation towers 8) Flag poles 9) Chimneys 10) Smokestacks 11) Parapet walls extending not more than three feet above height of the building 12) Cooling 13) Elevator penthouses 14) Utility poles Mr. Brixius explained that this proposed language accomplishes the purpose, but runs contrary to the desired effect of the ordinance with respect to personal wireless service antennas. The existing Code language provides that non-occupancy structures should not exceed the following: Residential and industrial -200 feet. Residential, Commercial and semi-public - 45 feet. Anything greater than 45 feet requires a conditional use permit. Mr. Brixius explained proposed language that excepts personal wireless antennas required by Section 15 of the Code, with the balance remaining the same. Mr. Johnson asked how the proposed 50%allowable increase would be accomplished. r� Mr. Brixius explained that in cases such as utility poles, a new structure would replace the existing one which would include the additional height. However, in the case of Planning&Zoning Board January 14, 1998 Page 8 existing structures,adding an antenna could not extend above the existing structure more than the height allowance for that zoning district. Mr. Johnson then asked about criteria for use in considering conditional use permit applications. Mr. Brixius stated that in his opinion demonstration of need would have to be established,and that details of that criteria could be fleshed out if desired. Subsequent sections provide less restrictive requirements for R and R-X areas, which would be permitted personal wireless service antennas as permitted secondary uses, accessory antennas, commercial and public radio/TV and public utility microwave antennas. With respect to industrial and public/semi-public areas, personal wireless antennas will be allowed on support structures as permitted secondary use, and accessory antennas will be allowed as permitted accessory use. The reference to commercial radio antennas should be eliminated, as they will not be allowed as conditional use within commercial districts. Reference to commercial radio antennas should be eliminated, as commercial broadcasting antennas will not be allowed as permitted use within commercial districts. However, additional information is required prior to final decision with regard to what will be permitted within commercial districts. Mr. Wessel indicated that he would bring the issue of antenna towers within industrial districts before EDAB on February 5. Questions which will be considered are whether or not they would be somehow intrusive and possibly inhibit development, and whether or not they would be appropriate in zones adjacent to residential areas. He added that he would bring EDAB's recommendation back to the next meeting of the Planning & Zoning Board. Chair Schaps asked where Lino Lakes is in relation to other cities in the area. Mr. Brixius stated that the concerns of Lino Lakes are not unique. Chair Schaps asked if there are others who have already dealt with the issues and, having gone through the learning experience, could perhaps be used as models. Mr. Brixius mentioned Lakeville, Plymouth and New Hope, all of which have been considered for location of telecommunications facilities, but none of which have ordinances in place. He added that it is not uncommon for providers to look to industrial areas for location of towers and antennas, and that target areas are interstate corridors first with expansion into other areas. Mr. Herr asked if a technical study is planned. He pointed out that the City of Bloomington has put together significant information which it has already shared with approximately 80 communities. However, since Lino Lakes has no opportunity for locating antennas on buildings, it cannot compare to cities such as Bloomington except to get an idea of the additional challenges for this community in providing adequate service coverage. Mr. Brixius mentioned a collaboration by the northwestern suburban �, Planning&Zoning Board January 14, 1998 Page 9 communities who wanted to establish a model so that they could offer similar standards to prospective service providers. The language in the proposed ordinance embodies that of these other communities. Mr. Herr asked if the 100-to 120-foot height requirement currently being proposed is adequate to provide service for a 2-mile radius area. Mr. Brixius indicated that in other rural areas similar to Lino Lakes 160-foot antennas provides much more extensive coverage than the 2-mile radius. Chair Schaps asked how many antennas/towers Lino Lakes might expect. Mr. Brixius explained that a figure has not been determined, and that the total number of antennas will depend greatly upon how many providers come into the area. Mr. Herr pointed out that Bloomington currently accommodates six providers with three additional applications pending. He added that he was informed it is unlikely that more than three providers can be located on a given structure. Mr. Dunn first requested clarification as to the definition of"tower". He then asked if there are any anticipated situations in any districts where a tower can be installed without a conditional use permit. Mr. Brixius explained that in districts where towers are allowed one can be installed by administrative use permit. Mr. Dunn requested the provisions whereby an administrative use permit can be approved. Mr. Brixius indicated that this information could be provided. He added that administrative use permits would be limited to public/semi-public and industrial areas, as such antennas can only be attached to existing structures. Mr. Dunn then asked if the proposed ordinance is more restrictive with regard to personal wireless service antennas than for commercial service. Mr. Brixius indicated that it is only more restrictive with regard to location. He then pointed out that the ordinance requires a conditional use permit for commercial service, which is more restrictive than for personal wireless service. Mr. Dunn asked if there is any ratio of area coverage to height of structure. Mr. Brixius indicated that coverage depends upon a number of factors, such as topography and population density. Peter Beck of AT&T Wireless Service addressed the Board, explaining that he has considerable experience with wireless service to the Twin Cities area. He explained that with regard to cellular service each cell is assigned an area of coverage. Height of each set of antennas is not necessarily determined solely on the size of each cell. With regard to Mr. Dunn's question, Mr. Beck added that in fairly flat areas fewer towers may be ,-� sufficient. However, he expressed concern about the proposed ordinance prohibiting service to most of the Lino Lakes area, as it is a prime candidate for co-location but without sufficient height service providers will not be able to co-locate. Planning&Zoning Board January 14, 1998 Page 10 Mr. Herr asked for a maximum number of providers per tower. Mr. Beck indicated possibly four, but typically three. He added that a 120-foot antenna could not accommodate as many as three providers. Mr. Beck again cautioned the Board about making the ordinance too restrictive. Mr. Dunn asked whether or not AT&T currently uses any 120-foot antennas. Mr. Beck replied yes, within central cities. In fact, he explained that 75- to 80-foot antennas are relatively common, but are usually specifically for additional coverage to small, specific areas. Mr. Dunn asked Mr. Beck for his thoughts on a city such as Lino Lakes with few appropriate existing structures, suggesting that new towers might prevail. Mr. Beck responded that one of his primary concerns about the proposed ordinance is that"poles" are prohibited almost everywhere. He explained that wireless service is a capital- intensive business, and that service companies do not build towers unless they have to; existing structures are always preferable. Mr. Beck also pointed out that the phrase "intended primarily" explains the difference between a tower and a support structure. He then referred to specific areas of concern within the proposed ordinance; specifically, Subd. 15.13.1., B.9., and B.12. Subd. 15.13.1. refers to erection of antennas or towers on any nonconforming structure. Mr. Beck stated that, given the small number of existing structures in Lino Lakes, restricting use to "conforming" structures would eliminate a considerable number of possibilities. B.9 refers to construction of new towers to accommodate more than one antenna and to allow for rearranging and situating antennas at varying heights. Mr. Beck stated that in order to meet this standard poles would have to be higher than 75 feet. Mr. Beck's concern with B.12. was that the FAA should be responsible for regulating the placement of towers near airports. Chair Schaps raised the question of consideration for seaplane bases. Mr. Beck was not personally familiar with seaplane bases, but reiterated his suggestion that the FAA should regulate. Mr. Beck continued, expressing concern regarding Subd. 15.E.L, G.La.1), and G.Lb. With respect to 15.E.I., he again pointed out that co-location would be extremely difficult if not impossible with nonconforming structures being prohibited from use. Mr. Beck expressed concern that G.La. would require inappropriate placement of equipment housing with respect to the principal structure, and Mr. Brixius agrees that he would consider changing that requirement to allow for placement of equipment housing in compliance with permitted accessory use building setback requirements. Finally, Mr. Beck objected to G.Lb., which prohibits erection of new towers within rural, residential and business districts. Mr. Brixius agreed to amend that section to state "The erection of new personal wireless service towers within rural, residential and business zoning districts of the City is prohibited." t Planning&Zoning Board January 14, 1998 Page 11 As he previously explained, Mr. Beck again expressed concern over height and setback requirements expressed in 2.b.2)a) and b). Mr. Brixius acknowledged the apparent need for additional height, and agreed that the setback requirement should refer to accessory structures. Mr. Robinson suggested that additional tower height would result in an unacceptable degree of aesthetic intrusion, and that the setback provided by the proposed ordinance would alleviate that problem. Mr. Beck suggested that compliance with that standard would only make the towers more visible. Mr. Beck suggested that 2.b.3) is unnecessary, as operational equipment is generally housed within existing structures or a cabinet provided by the service company. He added that this provision prohibits flexibility with respect to design in the event new construction is required. Mr. Beck questioned the title of Subd. 15.G.3., and Mr. Brixius indicated that it should be corrected to read"Public/Semi-Public District Standards". He added that Subd.15.G.3.a. should be amended to read as follows: Antennas Located Upon An Existing Tower or Structure. Personal wireless service antennas as permitted secondary use may be located upon support structures or existing towers and shall require the processing of an administrative permit and shall comply with the following standards: Mr. Beck also disagreed with the requirement of Subd.15.G.3.b.2)b) regarding setback from the nearest property line being not less than the height of the antenna. Mr. Brixius clarified that this provision pertains to adjacent residential property. Dave Hagen of Sprint PCS addressed the Board, stating that he shares many of the same concerns expressed by Mr. Beck. He specified that districts where towers would be allowed appear to be very scarce, height limit should be increased to at least 170 feet, and that in the case of his company the cabinet in which operational equipment is housed is preferable to new building construction. Mr. Wessel agreed that Lino Lakes has unique qualities, and invited both Mr. Beck and Mr. Hagen to attend the EDAB meeting at 7:00 a.m. in City Hall on Thursday, February 5, 1998 in order to participate in further discussion of the issues. Mr. Dunn asked about the possibility of pictures and/or overlays to better demonstrate proposed tower/antenna and equipment storage location. Mr. Hagen indicated that this 'IIN service has been provided in the past. Mr. Brixius explained that he is in agreement with Planning&Zoning Board January 14, 1998 Page 12 Mr. Hagen, in that operating equipment will only be housed within structures when those structures exist. Otherwise, the cabinet is sufficient. Mr. Dunn asked about motivation behind building new towers. Mr. Beck explained that (1) new providers would be attracted to the area, (2) coverage would be improved, and (3) capacity issues could be addressed. Mr. Dunn asked about a switch from analog to digital service. Mr. Beck stated that the trend is increasingly toward digital service. Mr. Herr left the meeting at 8:12 p.m. Mr. Gelbmann asked how quickly service "cell" sizes would shrink. Mr. Beck stated that from 1987 to present the number within the Twin Cities has increased from 9 to 100. He added that industry-wide this number will continue to increase. Mr. Gelbmann clarified that the lower height limit is the tree line, and suggested that high towers would eventually become obsolete. Mr. Beck agreed. Mr. Gelbmann then asked if it isn't, therefore, more efficient to restrict antenna height. Mr. Beck explained that it would be at least one or two years before antennas of less than 150 feet would be needed, adding that NEXTEL maintains a 195-foot design standard for its towers. Mr. Beck again stated that the most important issue for Lino Lakes with respect to �... wireless service is co-location. Mr. Brixius pointed out that during the course of discussion a number of issues had been raised which may require additional consideration. They are: 1. Performance standards for administrative permits. 2. Adjustment to the tower height requirement with attention to co-location. 3. Prohibited districts(subject to input from EDAB). 4. Definition of"tower" (which was resolved in discussion). 5. Setback for equipment buildings being in relation to "accessory" rather than "principal" buildings. 6. Specific language with regard to storage of equipment. Mr. Johnson made a MOTION to close the public hearing at 8:23 p.m., and was supported by Mr. Dunn. Motion carried 6-0. Mr. Brixius suggested that he would make the agreed upon amendments to the ordinance, requesting additional guidance from the Board with respect to proposed tower height, and prepare an amended draft ordinance for presentation at the next regular Board meeting. The Board agreed that the ordinance should be more flexible with regard to tower height. Mr. Brixius recommended that, instead of a standard of 120 feet, 160-foot towers be Planning&Zoning Board January 14, 1998 Page 13 permitted for co-location of three service providers, and that the height be reduced to 140 feet for two. The Board agreed. Mr. Robinson made a MOTION to continue consideration of the Telecommunication Ordinance to the February, 1998 meeting, and was supported by Mr. Dunn. Motion carried 6-0. B. MUSA Land Exchange,The Village Mr. Wessel explained that the City Council recently approved the schematic design package for the civic complex project. The schedule for construction includes May groundbreaking, which must be maintained in order to comply with the City's agreement with the Centennial School District to provide a new Early Childhood Learning Center by November, 1998. The MUSA land trade which must be approved would be for 7.35 acres of MUSA to be exchanged within The Village to allow for the timely construction of the project. Approval by the Planning & Zoning Board would be the first step, then the exchange would have to be approved by the City Council, and ultimately by the Metropolitan Council. In the event that the exchange is approved at this time, Council will hold a public hearing at its January 26 meeting. Through the use of visual aids, Mr. Wessel reviewed the progress of the public facilities project to date. He explained that, in order to implement the project, a series of issues must be addressed, MUSA being one of those issues. The City has purchased the land surrounding the 25 acres of park land proposed for exchange. He pointed out that the request is not for additional MUSA, but rather to borrow, or transfer, MUSA to the building site. Then, when the Comprehensive Plan is complete, a request will be made to replenish MUSA for the remainder. Mr. Gelbmann requested clarification regarding that portion of the area proposed for "borrowing" being a parking area, asking if the parking lot does not have to be within MUSA. Mr. Wessel stated that ultimately it does, but time would allow for this temporary transfer. Mr. Dunn asked if the proposed shift of MUSA would encumber the shape of the title from Anoka County. Mr. Wessel stated that, to the contrary, Anoka County recommended the exchange process. Mr. Robinson asked about the source of land to trade. Mr. Wessel explained that in 1994 the Anoka County negotiated the 25-acre trade with Lino Lakes for the purpose of protecting certain areas from encroachment by property developments. Mr. Robinson asked about the Vaughn property, and Mr. Wessel explained that Council elected to proceed with an eminent domain proceeding to acquire that land. Mr. Robinson expressed his displeasure with that process; but Mr. Wessel stated that Planning&Zoning Board January 14, 1998 Page 14 considerable effort was made to negotiate an agreement with Mr. Vaughn and eminent domain was a last resort. Mr. Wessel also explained that there is no interest on the part of the City in acquiring the property owned by the Taggs. Mr. Johnson made a MOTION to approve the exchange of 7.35 acres of MUSA to facilitate construction of the public facilities portion of The Village, and was supported by Mr. Dunn. Motion carried 6-0. VI. DISCUSSION ITEMS A. NOTE: Diana Turner Proposal -Temporarily on Hold VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 8:45 p.m., and was supported by Mr. Johnson. Motion carried 6-0. Planning&Zoning Board February 11, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE • February 11, 199$ ��� TARTED �9 • b 34 P.M. TIl!'IEENDED ,� 45 P.M. MEMBERS'PRESENT � Dnnn,Gelbmann,Herr,Johnson,Robinson and Schaps None MEMBERS ABSENhT A STAFF PRESENT Planning Coordinator Wyland,EconomicId - Development Director Wessel,Planning Consultant' ' $rixius I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., February 11, 1998. IL APPROVAL OF MINUTES -JANUARY 14, 1998 Mr. Robinson made a MOTION to approve the minutes of the January 14, 1998 meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Gelbmann. Motion carried, 6-0. III. APPROVAL OF AGENDA The agenda was approved as submitted. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:32 p.m. There were no comments. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:33 p.m., and was supported by Mr. Dunn. Motion carried 6-0. Planning&Zoning Board February 11, 1998 Page 2 V. ACTION ITEMS A. Nol-Tec Systems,425 Apollo Drive, Site Plan Review Ms. Wyland explained this request by Nol-Tec Systems Inc. to add a 7,168-square-foot office and a 8,360-square-foot shop/warehouse to their office/assembly/warehouse facility approved by the Planning& Zoning Board in April of 1995. In addition to this expansion,parking is proposed for increase by approximately 52 spaces for a total of 127. According to the City's Zoning Ordinance, a site plan review is required for this expansion. The following comment was provided: 1. Building and parking setback and height requirements have been met. 2. The exterior is designed to match the existing structure in texture, type and color. 3. No additional signage is proposed. 4. Trash handling areas are to remain as shown on the original plan. 5. Parking expansion is proposed and will accommodate the proposed addition with a total of 127 parking spaces proposed. City Code requires approximately 96 spaces. Handicapped space shall be provided according to the ADA Rules and Regulations. 6. No additional landscaping is proposed or required for this construction. 7. Grading and drainage plans are subject to the review and approval of the City Engineer. Ms. Wyland indicated that Staff would welcome this addition to the industrial park and recommended approval of the site plan review according to the following conditions: 1. Proper building permits are obtained prior to construction. 2. Utility, grading and drainage plans are reviewed and approved by the City Engineer. 3. The CPTED Officer review the building plans prior to issuance of any building permits. 4. Handicapped parking shall be in accordance with ADA rules. Mr. Gelbmann expressed concern regarding indirect lighting in the parking lot. Ms. Wyland explained that condition No. 3 regarding review by the CPTED Officer would provide for lighting approval. Mr. Herr asked about the screening of rooftop units. Ms. Wyland indicated that the original permit contained the condition that rooftop units be blended through color, or screened. Planning&Zoning Board February 11, 1998 Page 3 !� Mr. Robinson made a MOTION to approve the Site Plan Review for Nol-Tec Systems Inc., according to the conditions presented as well as the additional conditions that screening of rooftop units be provided and that indirect lighting be approved, and was supported by Mr. Gelbmann. Motion carried 6-0. B. Telecommunications Ordinance Mr. Brixius began his presentation by drawing the Board's attention to a memorandum from EDAAB,dated February 9, 1998, unanimously recommending approval of the revised antenna zoning ordinance dated February 5, 1998. He then summarized the changes which appear in the February 5 draft, as follows: l. The definition of short-wave radio transmitting and receiving antennas has been expanded to include citizen band radios. 2. An administrative permit section has been added. Mr. Brixius specifically directed the Board's attention to Subd. 10.F., which provides that each applicant must provide evidence that there are no delinquent property taxes, special assessments, interest, or City utility fees due for the proposed site, suggesting that the Board may with to eliminate this provision as it is not a requirement for any other development applications. 3. The general standards for antennas (Section 3, Subd. 15.13) have been revised to address the following: a. The previous section B-1 which prohibited the placement of an antenna or tower upon a nonconforming structure has been deleted. b. Section B.8 has been revised to reference co-location requirements of towers 75 feet or more in height. C. A specific statement has been added stating that all towers must comply with applicable FAA regulations. 4. The district provisions applicable to personal wireless service antennas have been expanded to reference such antennas as "permitted secondary uses". 5. The ordinance has been revised to stipulate that new transmitting, receiving and switching equipment(associated with personal wireless service antennas) must be located within an equipment building or cabinet and comply with accessory building setback requirements. 6. Where permitted, the allowable height of new personal wireless service antenna towers has been increased from 100 to 140 feet. Towers providing co-location opportunities may be allowed up to 160 feet in height (previously allowed up to 120 feet). 7. Section 3, Subd. 4.C. of the Zoning Ordinance(Height Exceptions) has been amended to reference personal wireless antenna towers. This issue should be subject to specific commend and recommendation by EDAAB. Planning&Zoning Board February 11, 1998 Page 4 ^ 8. Commercial and public radio and television transmitting antennas and public utility microwave antennas are allowed only in rural and industrial districts. The previous ordinance draft allowed for such antennas within business districts as well. Mr. Gelbmann questioned the reference in Section 1. Subd. 15.B.13. to Section 3. Subd. 15.13.11. Mr. Brixius agreed that this reference should be deleted from that provision. Additionally, Mr. Gelbmann pointed out that the last sentence of Section 1. Subd. 15.D. represents a duplication, and Mr. Brixius agreed that it would be deleted. Mr. Brixius pointed out that the City Council expressed concern regarding exceptions to height requirements, suggesting that rather than an antenna being a secondary use to an existing light pole the ultimate structure may more closely resemble an antenna with lights, for example. Although he did not alter the existing language, he added the provision that Except for personal wireless service antenna towers as regulated by Section 15 of this Ordinance, the height of non-occupancy structures such as utility poles, towers and other electrical appurtenances shall not exceed the following: Mr. Brixius requested input from the Board as to whether or not it feels Council's concerns would be addressed by this added language. Mr. Brixius then directed the Board's attention to an Antenna Amendment Summary containing a detailed breakdown of specific requirements for accessory antennas, personal wireless service antennas, and commercial and public radio and television transmitting antennas within rural, residential, business, industrial, and PSP zoning districts. He reviewed this information, pointing out that one accessory antenna per support structure is allowed in each zoning district except by conditional use permit; setbacks for accessory antennas will be basically consistent with accessory building setbacks; new personal wireless service antenna towers will be allowed only in industrial and PSP zones;personal wireless service antennas may only extend 15 feet above the height of existing structures or towers; and that commercial and public radio and television transmitting antennas are allowed through a conditional use permit only in rural and industrial districts. Mr. Brixius explained that through the proposed allowed antenna placements, adequate coverage should be provided. In response to Mr. Johnson's request for clarification regarding tower placement, Mr. Brixius explained that each applicant will be required to examine a one-mile radius surrounding the proposed tower site prior to that site's approval to be sure that co- location is not a possibility. Mr. Herr asked about use of the freeway corridor, to which Mr. Brixius responded it is not. Planning&Zoning Board February 11, 1998 Page 5 Mr. Robinson expressed concern regarding access to towers within PSP areas, and that rural areas should not be excluded. Mr. Brixius explained that the rationale for that provision is the possibility for rural areas one day becoming residential in nature. Mr. Dunn pointed out that at the City Council's last work session Mayor Sullivan requested specific thoughts from each member of the Planning &Zoning Board regarding the proposed ordinance. Mr. Dunn then stated his belief that the personal wireless service antenna zoning offers to industry a good opportunity to provide services for Lino Lakes. The raising of tower limitations with the goal of placing a maximum number of antennas per tower satisfies many needs by discouraging an unreasonable number of towers. He added that the City has opportunities to work in the rural zone within the southern quadrant, and within the industrial parks in other areas. Mr. Dunn expressed his approval of the proposed ordinance. He requested the development of an administrative procedure/application process to be used by applicants and City Staff in generating approval of an administrative permit. Mr. Brixius indicated that this provision has been included in the amended draft ordinance. Mr. Dunn presented an article in the St. Paul newspaper of February 2 highlighting industry activity in the Twin Cities area, as well as describing issues faced by other communities. �., Mr. Herr also expressed his support for the proposed ordinance. He described the process as one of achieving a balance between the City's requirement to provide telecommunications service while taking into account aesthetics. Although the ordinance is conservative, Mr. Herr stated that he supports the cautious approach, recognizing that this document will require refinement in the future. Mr. Brixius again requested specific input regarding certification of taxes paid and height of non-occupancy structures, such as utility poles, towers, etc. Mr. Gelbmann requested clarification that presently the ordinance could allow for a 200- foot light pole. Mr. Brixius confirmed this possibility, suggesting that perhaps zoning districts should be allowed to dictate tower height; or,the height cap could be lowered. Chair Schaps raised the issue of conditional use permit, which will require each application to come before the Planning& Zoning Board for approval. Mr. Gelbmann's concern was a precedent for the Board's refusal of an application on the basis that a rural area might become residential in the future. He suggested allowing for doubling the height of an existing structure. Mr. Brixius pointed out that current conditional use permit requirements include standards for making a finding which include that a structure not be detrimental or endanger the public, be harmonious with the Comprehensive Plan, harmonious with the Planning&Zoning Board February 11, 1998 Page 6 existing or intended character of the vicinity, will not change such character, etc. Chair Schaps suggested that reference to "intended character" is a critical element. Mr. Brixius stated that the City Council is concerned that conditional use permits might be used to circumvent the ordinance for the purpose of creating a non-occupancy structure primarily for the purpose of antenna location. Chair Schaps pointed out that the Communications Act is fairly rigid in its allowance of restrictions. He asked if Staff and consultants agree that the current, revised ordinance is within the spirit and intent of the Act. Mr. Brixius responded in the affirmative, adding that the initial drafts offered a more lenient opportunity for tower placement. The current draft ordinance is based upon directives received throughout the review process. Mr. Brixius also agreed that the present ordinance will be subject to future amendment. Mr. Johnson agreed with Mr. Herr's assessment, adding that the City must remain alert to requests and to feedback from users. Peter Beck of AT&T addressed the Board, stating that the current ordinance offers a workable base for telecommunication service. He expressed two requests: The first, with respect to the administrative review process, that the 60-day period be reduced; and, second, that setbacks within PSP districts be the same as within industrial districts where a structure would not be adjacent to a residential district. Mr. Brixius indicated that he has no objection to these changes, with the specific period for administrative review to be determined. Mr. Johnson suggested caution with respect to certain areas that might include public playgrounds or other public use areas where the setback distance would be more critical. Mr. Brixius pointed out that the main concern is primarily climbing of the structures; and, monopole design significantly diminishes this problem. Mr. Robinson suggested that the provision regarding certification of taxes be deleted. The consensus of the group was to eliminate that provision from the ordinance. Mr. Dunn made a MOTION to approve the telecommunications ordinance as amended above, and was supported by Mr. Robinson. Motion carried 6-0. VI. DISCUSSION ITEMS There were no discussion items. Chair Schaps reminded the group of the following events: ,� Comprehensive Plan Task Force Meeting Thursday, February 19, 1998, 6:00 p.m. Planning&Zoning Board February 11, 1998 Page 7 Citizen Forum on Comprehensive Plan Saturday, February 21, 1998, 9:00 a.m. Comprehensive Plan Neighborhood District No. 3 Thursday, February 26, 1998, 6:00 p.m. Comprehensive Plan Task Force Thursday, March 5, 1998, 6:00 p.m. Comprehensive Plan Neighborhood District No. 4 Thursday, March 12, 1998, 6:00 p.m. The Board unanimously elected Mr. Herr to represent the Planning& Zoning Board at upcoming Comprehensive Plan Task Force meetings in addition to Chair Schaps and Mr. Dunn. VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 7:35 p.m., and was supported by Mr. Johnson. Motion carried 6-0.