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HomeMy WebLinkAbout10/05/1998 Park Board Packet Lino Lakes Parks and Recreation Department Al-N _ 7204 Lake Drive C T Y' O F Lino Lakes, MN 55014 I �� (651) 780-1885 Fax (651) 784-7227 J!N`� CITY OF LINO LAKES PARK BOARD MEETING Monday, October 5, 1998 6:30PM ***AGENDA*** SCANNED 1. Call to Order and Roll Call 6:30pm 2. Approval of Minutes from August 3, 1998 6:35pm 3. Setting Agenda 6:40pm 4. Open Mike 6:45pm 5. West Shadow Lake Extension-Rick Carlson 6:50pm 6. Request for Fencing Along New Trail Segment on Arrowhead Drive 7:1 Opm 7. Environmental Inventory and Management Plan Focus Group 7:30pm 8. Recreation Department Update 7:40pm 9. Parks Department Update 7:50pm A. 1998-99 Skating Rink Locations and Hours B. Park Improvements Update 10. Old Business 8:05pm 11. New Business 8:15pm 12. Next Park Board Meeting November 2, 1998 8:25pm 13. Adjourn 8:30pm If you are unable to attend the meeting please call Sandie at 780-1885, ext. 176. sw/parkbrd/10-5-98 Park Board Agenda.doc City of Lino Lakes Park Board Meeting August 3, 1998 The August 3, 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 Jeff Reinert, George Lindy, Pam Taschuk, Sharon Lane, Pat Huelman, Joe Schmidt, and Paul Montain. Also present were Rick DeGardner, Parks and Recreation Director, Sandie Wood, Office Manager, and Brian Wessel, Community Development Director. APPROVAL OF July 6, 1998 MINUTES: Pat Huelman made a motion, seconded by Paul Montain, to approve the July 6, 1998 minutes . The minutes were approved. SETTING THE AGENDA: The Agenda was passed as presented. OPEN MIKE • No one was present for open mike. UPDATE OF "THE VILLAGE" - BRIAN WESSEL: n Mr. Wessel, Community Development Director, gave the Park Board a brief background and update on the status regarding The Village. He included a brief overview of the Village Green, Community Center, and City Complex. Concerns were brought up by the Park Board regarding trail systems, number of business' s within the Village Center, connections between the four corners of the Town Center, traffic control on Lake Drive, and the connection of the Centennial Middle School . Brian indicated The Village has been very carefully planned and all concerns addressed. He noted there are very specific rules regarding Park Dedication Fees . He stated he is available to answer any questions regarding Park Dedication Fees at any time in the future. Rick thanked Brian for his presentation. REVIEW CLEARWATER CREEK 3RD ADDITION - PRELIMINARY PLAT: Rick stated that Mr. Mike Quigley, Gor-em, LLC, is present to review the Clearwater Creek 3rd Addition. This is a 31 . 87 acre development located directly south of the Clearwater Creek 1st and 2nd Additions . � The Comprehensive Park Plan indicates the need for a 10 acre neighborhood park in this area (park name N-15, Page 6-66) . 1 City of Lino Lakes Park Board Meeting August 3, 1998 In reviewing the Clearwater Creek Development Phase I and II in November, 1994, the Park Board made a motion "to accept park land as noted in Phase I and II . Should the land to the north not be developed, the developer will give written assurance of a 10 acre site in the area shown as Phase V" (this is the current Phase III that is being discussed) . Rick stated that the park land which was dedicated in Phase I and II is not suitable for park development. Rick recommended to require an 8 acre park area be developed to serve the present and future residents of the Clearwater Creek developments . Because there will not be any further development to the north, as originally planned, this area will not build out to 450 homes. An 8 acre park could still serve the recreational and leisure needs of this area, without creating an undue hardship to the developer. Rick stated there is an existing trail located on the western edge of the existing Clearwater Creek Development, west of Tele Lane. It is imperative that this trail continue southward to provide trail access to the 3rd Addition Development, future developments, and park areas . Mr. Quigley stated he will be meeting with the City Consultant regarding the preliminary plat for the property. He stated the land to the south is not conducive for a 10 acre park because of the topography. He indicated the greenway corridor will be an issue regarding park dedication. He asked for some direction from the Park Board regarding the park dedication. Paul expressed concern because there is no mention of land for a park or recreational facility or trails that link the area to another park. Chair Lindy stated the continuation of the transportation trail has to be addressed. Because of the density of homes in the area, a plan is needed for open space. He asked where the park area was to be located in the original plat. Mr. Quigley explained that the City changed the zoning in the area where the park was to be developed. Land to the north will not be developed. He stated the developer does not own all the land to the south. If a greenway corridor is required, that land may go to park dedication. Sharon stated she would like to see a park developed in Phase III n so the park is centrally located. 2 City of Lino Lakes Park Board Meeting August 3, 1998 Rick noted this park will serve a huge area. Adequate room is needed for park amenities . He stated that Phase 3 is a 31 acre development. If 10 acres is required, the City is asking for 1/3 of the developer' s land. This is not reasonable. Rick suggested the possibility of the City buying additional land from the developer. All park requirements were met in Phases I and II . Jeff stated that the main issue is children having a place to play. He stated the City needs 3 usable acres for park land. Acquiring more land as the development moves south can be dealt with in the future. Rick stated that the developer had originally agreed to a written assurance for a 10 acre park. He referred to Park Board minutes from November 7, 1994, which outlined the agreement. He stated the City does not have a written agreement. Mr. Quigley explained that he was not here in 1994 . He explained that the zoning has changed for the original proposed park location. Trail segments were dedicated. The trails have not been developed yet. r� Paul stated that the past is the past. The Park Board now needs 3 acres or some creative combination of park land and trails . Rick stated that if 3 acres is to be dedicated he would prefer the land to be on the southern border to allow for future park expansion when future development allows . Another option is for the City to purchase additional land from the developer. He indicated he does not want to see small areas of park land spread throughout the development. It was the consensus of the Park Board that 3 acres of Park Dedication would be required for Clearwater Creek 3rd Addition. Chair Lindy suggested Mr. Quigley take the thoughts and concerns of the Park Board and plan into the developer' s plan a connecting park and trail system. BALDWIN LAKE COURT PARK DEDICATION: Rick explained that earlier this month he discussed the park dedication requirements for the Baldwin Lake court development with Mr. Paul Howard. Mr. Howard has indicated a willingness to allow the City to install a trail, canoe launch, and parking lot. Rick referred to previous Park Board minutes regarding this development . It appears that a public canoe launch was something to be pursued. Rick asked for clarification on required park dedication items for this development. Mr. Howard believes his park dedication comprised of considering allowing the City to 3 City of Lino Lakes Park Board Meeting t'1 August 3, 1998 construct the canoe access, install trails, and install a parking lot. Rick noted there was not any cash dedication for this development . He asked the Board for a recommendation on how to pursue the issue. Chair Lindy asked if this is a wetland and does not involve a trail system. Rick explained that it appears to be wetland. From the Park Board' s perspective the intent was for Mr. Howard to develop a trail and parking lot. The City was to build the canoe access . Chair Lindy stated that a trail and parking lot would satisfy the Park Dedication. The canoe access could possibly follow from the City. Paul stated discussions with Mr. Howard could begin from that perspective. The Park Board agreed that Rick should begin discussion with Mr. Howard. Rick indicated he would investigate the issue further and advise Mr. Howard that the development of a trail and parking lot will satisfy the park dedication. A public canoe access could possibly follow from the City. REVIEW NEW SNOW REMOVAL POLICY FOR TRAILS: Rick stated that the Parks and Recreation Department would like to institute a snow removal policy for the City' s trails system. This would allow residents to enjoy the trails system year round. Rick referred to the proposed policy. He stated that all trail segments are indicated as an A Priority or B Priority. Following a snow fall of 2" or more all A Priority paths will be cleared. Upon completion of all A paths the B Priority paths will be cleared. There are some trail segments within the City that will not be maintained during the winter months . Rick stated that chemicals, such as sand and salt will not be used. Currently, the underpass near Rice Lake Elementary School (under Birch Street) is salted and sanded when conditions warrant. This is the only trail segment where chemicals are applied. Trail segments that have a boardwalk are not scheduled to be plowed. Rick noted the trail priority designations will be reviewed annually. Sharon asked about any liability issues regarding snow removal on %'"N the trails . Rick explained there are no liability issues as long as a policy is in place and it identifies what is done and how it is done to the trails . 4 City of Lino Lakes Park Board Meeting August 3, 1998 Sharon suggested a sign be used stating "use at your own risk". Pat suggested an announcement be put in the City paper that the trails will be cleared but no salt or sand will be used. Joe noted that trails being cleared during the winter is not new. The policy just clarifies which trails will be cleared. Jeff asked about the cost issues. Rick explained that trails will be cleared with existing staff and equipment. Park employees will clear the trails using a plow attached to a 1/2 ton pickup. If the new policy is successful, equipment designed specifically for trail clearing may be purchased in the future. Jeff suggested being sure that the trails are used during the winter before additional equipment is purchased. Joe asked about the grass issue in tight corners . Rick stated there are some tight corners and some damage will be done to the grass . RECREATION DEPARTMENT UPDATE : Rick reviewed the Summer Program Highlights from the Parks and Recreation Department. He noted the final tally for the t-ball program was 368 participating in 16 different sessions . He stated the Safety Camp preparation is continuing and approximately 85 participants are registered. Performance in the Parks has concluded. It is estimated the City averaged about 150 people per performance, which is up from last year. He stated that Early Bird registration for fall soccer has concluded. There are over 400 participants registered. The soccer "Fun"damentals ended July 14, 1998 . Forty-seven children ages 4-7, participated in the program. Participants learned basic soccer skills, the concept of team play, and participated in soccer games . Rick noted that the first annual Thanksgiving "Turkey Shoot" is scheduled for November 14, 1998 . PARKS DEPARTMENT UPDATE : Rick referred to a memo from Mike Hoffman, Lead Worker. He noted the July maintenance highlights that included re-roofing of Sunrise Park warming house and garage, site planning and prep for playground to be installed at Birch and Shenandoah Parks, playground inspections and repairs, weed whipping boardwalk ^� areas, aeration and fertilization of athletic fields, and the removal of BMX track in the woods at South Reshanau Lake Estates Park. 5 City of Lino Lakes Park Board Meeting n August 3, 1998 Pam asked when the new playground equipment will be installed at Rice Lakes Estates Park. Rick stated it will be installed in late October, 1998 . Paul asked about the soccer field being re-seeded and storm damage. Rick explained that the field will be in better shape next year due to the re-seeding. All storm damage had been repaired except for the split rail fence at Woods of Baldwin Park and the roof of the picnic shelter #2 at Sunrise Park. Paul suggested signage be used for the continuation of the trail where Birch Street ends . He stated that a sign indicating "trail" and a "T' would also be helpful at the intersection of Fawn Lane and Country Lakes Drive. Chair Lindy stated that all the signage there needs to be evaluated. Not much verbiage is needed on the sign, possibly just a picture. Rick indicated he would pursue the use of signage for the continuation of the Birch Street trail . Removal of Shenandoah Park Backstop - Rick explained that the Park Department has been looking at alternatives for the existing ballfield at Shenandoah Park. Due to the existing soil conditions it would be cost prohibitive to upgrade this ballfield to adequate standards . Rick recommended removal of the backstop and benches at Shenandoah Park. He suggested the equipment could be used at another park, such as Sunrise Field #4 . Rick noted the new playground equipment at Shenandoah Park will be located where the skating rink was located. This will maximize the amount of open play area. Paul asked if a backstop is needed for Sunrise Field #4 . Rick indicated there are a number of backstops within the City that have safety concerns . Sunrise Field #4 is one of them. Paul suggested drain tiles be used to make the field more useable. Rick stated it is cost prohibitive to do what is necessary to make the field useable. Joe asked about the possibility of moving the ball area to the south west corner of the park. Rick indicated that possibility can be looked at in the future. There is not enough space for an organized sports field. A small backstop can be placed there for unorganized play. A small backstop would eliminate balls from going into residents yards. n 6 City of Lino Lakes Park Board Meeting n August 3, 1998 Rick stated he would speak to the Little League, the organization that donated the backstop. Chair Lindy indicated the Park Board does agree with the removal of the backstop from Shenandoah Park. Relocation of Birch Park Playground Area -Rick explained that staff is recommending the relocation of the playground area for the installation of the new playground equipment. Upon expanding the existing playground area to the required dimensions (87' x 871 ) there were some concerns . Several sprinkler heads and irrigation lines would need to be moved. Also, a significant amount of fill would be required to create a level playground area. Expanding the existing playground area also seemed to "overwhelm" this area of the park. Rick stated that by relocating the play area to the south and west, it would allow more options for this park in the future (i . e. half court basketball court, small picnic shelter, etc. ) . Relocation of the playground area will result in the removal of one diseased cherry tree. n Rick stated the planned trail access is to the south. Chair Lindy noted that the proposed location for the playground equipment is a parcel of land not being used. Paul expressed concern regarding the visibility of the bleachers from the area. Rick explained that the bleachers cannot be seen from this area. From a resident' s point of view the playground equipment will not be intrusive. Rick stated that the new playground equipment will be installed in Birch Park on August 15, 1998 . Equipment will be installed at Shenandoah Park on August 22, 1998 . Lino Park installation is scheduled for October 3, 1998 . A date has not yet been determined for Rice Lake Estate Park. It will be sometime in late October, 1998 . OLD BUSINESS: None. NEW BUSINESS: None. SCHEDULE NEXT PARK BOARD MEETING: The next Park Board meeting will be held on August 31, 1998, 6: 30pm, at the Lino Lakes City Hall . 7 City of Lino Lakes Park Board Meeting .--� August 3, 1998 ADJOURN: Pam Taschuk made a motion to adjourn, seconded by Paul Montain. The meeting was adjourned at 8 : 35pm. Respectfully Submitted, Kim Points Recording Secretary 8 5, Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T Y O F Lino Lakes, MN 55014 N()LAKES (651) 780-1885 Fax (651) 784-7227 September 30, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: West Shadow Lake Extension Attached is a memo regarding park dedication for the West Shadow Lake Road Extension. n It appears that park dedication for this project was fulfilled with the Millers South Glenn Project, with the expansion of Birchwood Acres Park. Based on the master plan it appears we need a trail connection to Birchwood Acres Park along the north side of the plat, west of West Shadow Lake Drive. sw/parkbrd/West Shadow Lake Extension Sep 28 98 02: 38p Mattke Engineering, Inc. 6127830300 p. 1 Mattke Engineering, Inc. 7671 Central Ave. N.E. Fridley, MN 55432 (612) 783-0300 v'":-0C. September 28 1998 City of Lino Lakes C/O Ms. Wyland 1189 Main Street Lino Lakes, MN 55014 re: WEST SHADOW PONDS (West Shadow Lake Road Extension) --Park Dedication Dear Ms. Wyland; This is to confirm our understanding regarding park dedication for the above project -- that the dedication was fulfilled with the MILLERS SOUTH GLEN project. Our park dedication requirements for both MILLERS SOUTH GLEN and WEST SHADOW PONDS (up to 12.6 acres of upland) were met with the park land dedicated to the City for expansion of Birchwood Park (see Mattke Engineering, Inc. letter dated January 29, 1997). Our most recent sketch plan for WEST SHADOW PONDS, dated 9/17/98, incorporates comments received from the Planning Commission, including elimination of the temporary cul-de-sac and constructing West Shadow Lake Road all the way to 62nd Street), and shifting West Shadow Lake Road further east at 62nd Street. The proposed project will have approximately 10.3 acres of upland. Consequently the project park dedication requirements are met by the land dedication provided for this project. As the trail dedication, it is anticipated that the Park Board will require construction of the trail into Birchwood Park along the north side of the plat as part of this project. Sincerely r 0 Tedd W. Mattke, P.E. • Residential & Commercial Development Hydrology • Water Resources • Municipal Lino Lakes Parks and Recreation Department 7204 Lake Drive CITY O F Lino Lakes, MN 55014 LINO ' KE (651) 780-1885 Fax (651) 784-7227 September 30, 1998 TO: Park Board (Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Request for Fencing Along New Trail Segment on Arrowhead Drive The trail segment located on Arrowhead Drive directly south of Shenandoah Park should be completed within the next few weeks. Mr. Simons who lives adjacent to this trail is requesting that the city install a fence along his property line. Mr. Simons has indicated that he has experienced numerous people trespassing on his property and feels that this is a direct result of the city installing this trail segment. It is my recommendation to install a fence along the property line. Since this new trail wasn't in the plat when this area was developed, I feel the city should address the privacy concerns with the existing homes. We should also address safety concerns along the eastern edge of the trail. There is a relatively deep drainage pond that is a safety concern if a bicyclist or inline skater should leave the trail. sw/parkbrd/Request for Fencing Along New Trail Segment on Arrowhead Drive.doc Lino Lakes Parks and Recreation Department 7204 Lake Drive C I TA O F Lino Lakes, MN 55014 Ll LI ' KE (651) 780-1885 Fax (651) 784-7227 September 30,1998 TO: Park Board Members f-V FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Environmental Inventory and Management Plan Focus Group Attached is a memo from Jeff Schoenbauer regarding Environmental Planning Project meetings. I will keep you informed as more information becomes available. sw/parkbrd/Environmental Inventory and Management Plan Focus Group Sep, 21. 1998 4:47PM BRAUER & ASSOC, No, 2383 P. 1/2 JSE PLANNING AND DESIGN R { Project Memo (2 pages, including this page) C:ldocs\98\98-15linoenvirohremo4.wpd Date: September 21, 1998 To: Marty Asleson, Environmental and Forestry Coordinator From: Jeff Schoenbauer,Vice President Brauer&Associates, Ltd. Re: Upcoming meeting for Environmental Planning Project. Marty, As per our conversation, our team is.preparing for a variety of key meetings with various City of Lino Lakes representatives and developers late in October. Steve Apfelbaum and I are currently preparing an overall agenda for the meetings and planning charrette. I expect to forward.the agenda and schedule to you once I return to the office on Monday,September 20. As of now, we are proposing the following dates for meetings, with a list of desirable participants also n defined. Date. Timeframe City Participants Overview Wednesday,October Evening meeting— Environmental Bring members up to speed on project 281,. 6:36 p.m.or 7:00 Committee and discuss intent of the next couple of p.m- days. Thursday,October Meetings throughout City staff during the day Tour developments and discuss 29" the day with city staff development concerns with developers and developers Environmental and city staff. Committee,City Evening meeting with Council, Planning and Evening meeting.wig inform city city representatives Zoning,Park Board in representatives of progress to date and the evening set the stage for planning charrette on Friday Friday,October 300' Meetings throughout Environmental. Planning charrettes focusing on the day with city Committee,City conservation development and ecological representatives, Council, Planning and . stewardship using two proposed developers,city staff Zoning.Park Board all development areas within the city.' day and into the Evening meeting with evening(those that can city representatives . attend) and public presentation Public invited to evening presentation 7301 Ohms htie,Suitc 500 Minneapolis,MN 55439 Tel(612)832-9475• Fax(6t2)832-9542 Sep, 21, 1998 4:50PM BRAUER & ASSOC. No, 2383 P. 2/2 Steve and I expect that these series of meetings will be some of-the most important of the project. Although some of them are during the day on Friday, it is our hope that as many city representatives as possible can attend to ensure a robust and candid conversation about future development opportunities and approaches within the city that achieve the vision of the community. Our team looks forward to this part of the process. also look to these series of meetings as a chance.to reconnect with the Environmental Committee. recognize that it has been a while since our last meeting with the group and its reasonable for some to wonder about the status of the project. From our perspective, with the bulk of the field work and some good meetings with staff, developers, and individuals throughout the city behind us, we are starting to see the project gel and a clearer picture of the circumstances surrounding the project emerge. We look forward to moving into the second phase of the project and start to bring the project into greater focus for all participants. Please call with questions. Thank you. Sincerely, S oenbauer - President Faxed to: 464-4568 d . Lino Lakes Parks and Recreation Department 7204 Lake Drive C ( T Y`' O F Lino Lakes, MN 55014 �N� Kh (651) 780-1885 Fax(651) 784-7227 LINO LAKES PARKS AND RECREATION DEPARTMENT PARK BOARD UPDATE FOR THE MONTHS OF SEPTEMBER AND OCTOBER 1998 Fall Soccer participants enjoying the great"game day"weather } d M LINO LAKES PARKS AND RECREATION DEPARTMENT "We are working hard, so you can play" C t t Fall Program Highlights -� ♦ The fall softball season has ended. 31 teams participated in this five-week season, up from 24 last year. Overall, we have had a total of 85 teams participate in our summer ► and fall softball leagues. This is an increase from last year. ♦ Youth fall soccer is a big kick with our participants. This year we have over 475 participants on 36 teams. This number has increased by over 150 from last year. We anticipate that this number will further increase with the introduction of an under 14 year old program next year. ♦ Adult 3-player basketball is up 5 teams from last fall for a total of 13 teams. ♦ The Friends of the Parks Foundation does not traditionally meet in the summer. They are expected to begin meeting this month. ♦ We are currently accepting registrations for our adult fall Co-Rec volleyball, 5-player basketball, open basketball and open volleyball programs. ♦ We are accepting registrations for the following youth programs: softball pitching clinics, martial arts, dance classes, and football follies. ♦ Teen programs for fall include: MEA Camping Retreat, October 15 & 16, and Halloween Spooktacular, October 29. We are working with the Centennial School District to promote these programs. Winter teen activities include: ski trips, boot hockey and open skating. ♦ In the very near future, we will be actively pursuing employees to fill our warming house attendant positions. We anticipate that these positions will be filled by Thanksgiving. ♦ The First Annual Family Turkey Shoot will be held on November 14 at Centennial Middle School. ^ ` This is a free event consisting of low-key competition in a variety of athletic events. Prizes will be awarded to all participants. ♦ Breakfast with Santa, scheduled for December 12, is filling up fast. We anticipate that this event will be filled by Thanksgiving. ♦ Letters from Santa registrations are now being accepted. Letters will be mailed approximately December 18 to ensure arrival for Christmas. Any questions? Please call Barry or Liz at 651-780-1885. Lino Lakes Parks and Recreation "We are working hard, so you can play" • 9, Lino Lakes Parks and Recreation Department 7204 Lake Drive CIIL O F Lino Lakes, MN 55014 IKE (651) 780-1885 Fax (651) 784-7227 September 24, 1998 TO: Park Board Members FROM: Mike Hoffman, Parks Lead Worker SUBJECT: August and September Maintenance Update Playgrounds, playgrounds, playgrounds! During August and September Maintenance Staff have been kept extremely busy with site preparation and installation of two new playgrounds. (Birch and Shenandoah). The Birch Park playground was installed Saturday, August 15. The work crew consisted of a professional installer supplied by the playground company, three parks maintenance staff and approximately 20 very helpful volunteers. This project is nearly completed with some minor landscaping remaining. Shenandoah Park was installed the following week with the structure support posts being set by city staff and a professional installer on August 20th and 21st. On Saturday, August 22nd a group of neighborhood volunteers, along with city staff and the installer worked in the rain and mud to install the majority of the play events. Shenandoah Park is over 90 percent complete. Seeding and a few additional play events will complete this project. (We are waiting for parts). The neighborhood volunteers should be commended for their time and hard work. By utilizing volunteers we are able to purchase approximately 25 percent more equipment than if contractor installed. The addition of these playground has made a huge visual impact to each park and will certainly increase park usage by area residents. Other maintenance highlights for August and September include the following: • Soccer field layout and painting for fall soccer programs. • Softball field preparation for fall softball program. • Mowing of trails. • Weed killing of trails scheduled for paving. • Installation of Jacobs Ladder at Birchwood Acres. • Installation of new backstop and out-of-play fence at Lino Park(contracted). • Fall fertilization of athletic fields. • Mowing and garbage pickup of all park areas. n_ • Site preparation for Lino Park playground (installation scheduled for Saturday, October 3). As you can see the past two months have been extremely busy and with two additional playgrounds scheduled for installation in October(Lino and Rice Lake Estates) it looks like we will be running until the ground freezes and the snowflakes fly. sw/parkboard/August-September Maintenance Update.doc 17A Lino Lakes Parks and Recreation Department ; _ 7204 Lake Drive CITY` O F Lino Lakes, MN 55014 LINC)I AKES (651) 780-1885 Fax (651) 784-7227 September 30, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: 1998-99 Skating Rink Locations and Hours Staff is recommending the following warminghouse shelters and hours of operation as follows: PARK LOCATION WEEKDAY HOURS WEEKEND HOURS n Sunrise Park 6918 Sunrise Drive 4-10pm Saturday 12-10pm Sunday 12-6pm Birch Park 6520 Pheasant Run S 4-9pm Saturday 12-9pm Sunday 12-6pm City Hall Park 1179 Main Street 4-9pm Saturday 12-8pm Sunday 12-6pm Lino Park 7850 Lake Drive 4-8pm Saturday 12-8pm Sunday 12-6pm These hours are identical to last year's hours with the exception of all rinks closing at 6pm on Sundays. Last year, Sunrise Park and City Hall Park were open until 7pm on Sundays. Staff also recommends the following ice rink locations that do not have shelters: Shenandoah Park 475 Arrowhead Drive Marshan Park 7204 Lake Drive Sunset Oaks Park 7481 Leonard Avenue Country Lakes Park 6600 West Shadow Lake Drive (or Rice Lake Elementary School) sw/parkbrd/1998-99 Skating Rink Locations and Hours q F6 Lino Lakes Parks and Recreation Department 7204 Lake Drive CITY" O F Lino Lakes, MN 55014 N KE (651) 780-1885 Fax (651) 784-7227 September 30, 1998 TO: Park Board Members n FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Park Improvements Update Listed below are park improvement updates for each park: Birch Park Removed old playground equipment and installed new equipment. The existing play area was expanded and a new play area was created to accommodate the new playground equipment. A retaining wall and concrete sidewalk were also installed. Birchwood Acres The playground area was expanded and a Jacobs Ladder climbing apparatus was installed. The internal trail segment was completed. A park bench near the playground area and restoration by the new trail still needs to be done. Lino Park The old playground equipment was removed with installation of new playground equipment scheduled for October 3. A new backstop and out-of-play fence were installed a few weeks ago. Player benches will be installed sometime this fall. Pheasant Hills Park Completion of the internal trail and the half court basketball court should be completed within the next few weeks. Construction of the overlook sitting area will begin by the end of the month. Rice Lake Estates Park Site clearing and grading was recently completed. The half court basketball area and the trail connection to Baldwin Park is progressing. The playground area will be ready for equipment installation which is scheduled for Saturday, October 24. Shenandoah Park A new playground area was created and new playground equipment was installed. A concrete pad for a park bench and picnic table was also completed. Maintenance staff has recently seeded around the playground areas at Birch Park, Shenandoah Park, and Sunrise Park. The scheduled trail paving segments for this year are almost complete. The new trail segment; in the Clearwater Creek Development north of LaCasse Drive turned out real well. Check it out sometime! sw/parkbrd/Park Improvements Update 10. '#ON EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 CITY OF LINO LAKES MINUTES DATE May 16, 1998 TIME STARTED 9:05 a.m. TIME ENDED 11:55 a.m. MEMBERS PRESENT Bergeson,Dahl,Lyden,Neal, Sullivan MEMBERS ABSENT None Staff members present: Police Chief/Interim City Administrator, David Pecchia; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Finance Director, Mary Vaske; Fire Chief, Milo Bennett; Parks and Recreation Director, Rick DeGardner; Environmental Director/Forester, Marty Asleson; Public Works Superintendent, Tom DeWolfe; Building Official; Pete Kluegel;Building Inspector, Tom Jackson; Assistant to the City Administrator, Dan Tesch. Other persons attending this meeting: Salvation Army Representative, Bill Fiest, Red Cross Representative, Dan Pietso; Anoka County Emergency Manager, Bruce Wojack; Minnesota Emergency Management, Judy Rue; Police Sgt. Bill Hammes; Police Office Manager, Renee Kaulfuss. The purpose of the Emergency Council meeting was to prepare a cleanup plan for the severe storm/tornado that occurred the previous day. Chief Pecchia explained that although the emergency plan for a weather related emergency has been instituted,there will be many on-going issues to be resolved. Damage assessments are being prepared. Press releases for the media and packets of information for the affected residents are being prepared and distributed in the most damaged neighborhoods. Emergency information for broadcast on Cable TV is also being prepared. Chief Bennett explained that the emergency began about 4:45 p.m., Friday, May 15th. He was paged and the severe weather sirens were sounded in the area. Emergency personnel left fire station No. 2 within four(4) or(5)minutes after the warning. Emergency personnel went from home to home in the areas where trees were down to determine if there were any medical emergencies. All other fire personnel were dispatched to secure the area. Other people arrived to add to the security force. Chief Bennett explained that a command post was set up at fire station No. 2. A report was received that there were no serious injuries. The personnel were split into two (2) groups with one group positioned north of I35W. Their command post was set up at EAM near the prison and the second command post was set up at the Centennial Middle '01N School on Elm Street. All City officials were notified and a more intense search for injuries was conducted. Many homes were damaged and some are inhabitable. PAGE 1 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 Chief Bennett presented a map of the damaged areas. Generally the storm followed 2nd Avenue and crossed I35W near the prison. There was major damage in the Behm's Century Farm development. Many areas are without power due to fallen trees. Chief Pecchia explained that his personnel helped with the security by assigning roaming patrols. He also split his personnel with one group stationed north of I35W and the other south of I35W. The patrols will continue until all the damaged areas are secured. Chief Pecchia said that security issues will be on-going. He noted that the Public Works Department had most roads cleaned before the end of the evening. This part of the emergency program worked better and faster than what was practiced during the emergency plan exercises. Public Works now has to deal with cleaning up the ditches and boulevards. Already, residents with major tree damage are hauling the debris to the boulevards. The City Council will be responsible for directing staff on how to handle this matter. Chief Pecchia noted that NSP has indicated that they hope to have electrical power restored to at least 95%of the area within 24 hours. They are having problems with the main electrical feeders into Lino Lakes. Chief Pecchia explained that now safety becomes the main issue for persons helping to clean up the area. These persons are, for the most part, unqualified to do this type of work. This can lead to injuries. Sunrise Park sustained major damage and crews working in this area will be faced with safety issues. Chief Pecchia explained the plan for getting information to the media and answering telephone calls from residents. The telephone at city hall will be answered by one person who will be instructed to give the same information to each caller. The information will be prepared and given to the telephone operator. A press release will be prepared for the media and Mr. Tesch is here to put the information on the cable TV. Chief Pecchia noted that the clean up crew is stretched and he is looking for some private contractors to load and haul debris for the long term. A policy will be prepared for the residents in the storm area which will include instructions to place debris on the boulevard. They will be given a deadline to complete this operation. Once the area is cleaned, the crews will not go back and the residents will have to remove the debris themselves. A dump site must be identified and an evaluation of the situation must be completed. An estimate of the clean up costs will be prepared in about two(2)weeks. Mr. Ahrens explained that the Public Works Department is ready to begin the tree removal work. All utility systems are operating, some manual controls at the well sites are being used. All lift stations except the two(2) in the most affected areas are working. Maintenance crews are shuffling between the two (2) affected lift stations with a portable generator. All utility situations are under control. Cleaning up the streets is the first goal of the Public Works Department. Mr. Ahrens is looking for a private contractor with a "clam"truck. This vehicle has a"jaw"that can pick up trees that are blocking roadways. PAGE 2 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 NSP has "clam"trucks, however,they are all in use in other areas affected by the same storm. Mr. DeWolfe explained that the Public Works Department is already pushing debris off of the streets and boulevards.. Once this is done,the residents can place their debris on the boulevard and the City will remove it. This situation will continue for a fixed period of time and after the time expires, the residents will have to remove the debris themselves. Mr. Ahrens noted that the Public Works Department staff is working on a shift rotation plan. Chief Pecchia suggested that the Utility Department secure a second generator for operation of a lift station. This would eliminate the need to shuffle personnel and a generator from one lift station to another. Mayor Sullivan asked about mutual aid from other cities. She was told that there is a mutual aid plan that will be instituted. Mr. DeWolfe noted that a dumping site is needed and suggested an area north and west of city hall. He suggested that the debris be deposited in this area in windrows for burning at a later date. There was discussion regarding hazardous materials that will be removed from the area. It was suggested that dumpsters be brought in and located at specific sites. Cost estimates for the dumpsters are needed and some contracted debris removal may be required. Mr. Kluegel explained that he and Mr. Jackson have already been out in the affected area and have given out their cards to resident so that they will be able to contact them regarding rebuilding plans. Mr. Jackson noted that there are many damaged dwellings which are being evaluated and there are many trees blown onto houses which need to be removed. Dan Pietso said that he has a crew out in the affected area assessing the damage and preparing a report. They are contacting residents with offers of help. He noted that after a few days these people may need mental health counseling. The Red Cross has"stress teams"to help. They can be reached by calling 871-7676. This telephone has a 24 hour voice mail box. The mail box sends out a beeper to alert staff that there is a need for mental health response. Mr. Asleson explained that the tree damage will become more of an issue as time goes on. Trees that were damaged but not blown down may die because of stress or oak wilt. Mr. Wojack said he thought that the Lino Lakes emergency team has done a super job. Getting information to the most affected area regarding what to do with the debris is now the critical issue. Residents will have to deal with getting debris to the boulevard. He noted that after storms homes that are severely damaged can lose some of their value. The PAGE 3 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 City Assessor should be making an assessment of these homes. He also noted the need for an information sheet and the need to get it to the residents as soon as possible. Chief Pecchia explained that financial help from other agencies will be sought. At this time, it appears that the damage is not extensive enough to warrant a disaster declaration. Mayor Sullivan suggested contacting Anoka County Commissioner, Margaret Langfeld and asking her if there is any financial help available either to the City or the residents. Council Member Lyden said that he felt the biggest policy issue may be what to do with the tree emergency. Mr. Wojack noted that the residents should contact their insurance agencies and then get a private contractor. He noted that the City has a real liability if City crews go onto private property to do any kind of work. Council Member Lyden asked if the City could hire a contractor and pay them to go onto private property. This question will be directed to the City Attorney. Mr. Asleson noted that he had a list of private tree removal contractors. Mr. Wojack noted that in most instances,private contractors haul tree debris to dump sites. There may be added costs for dumping. The City must be careful regarding hidden costs. He noted that the County does not have a site to dump tree debris. Chief Bennett noted that his department could burn the debris. He was told that the DNR has issues regarding burning trees. Chief Bennett said that if the dump site at city hall was used and the debris pushed into windrows and not into huge piles,the debris will be burned. Council Member Bergeson noted that the City licenses all contractors. The City should make sure that tree removal contractors are licensed. Mr. DeGardner noted that Sunrise Park was heavily damaged and is now a safety concern. He was asked to close the park and place barrier tape at all access points. Mr. Tesch said that a telephone answering program will be determined with outgoing messages. Mayor Sullivan asked that the residents call only one number and that a person answer the call. This person will be instructed on how some of the questions should be answered. Chief Pecchia asked that Mr. Tesch, Ms. Kaulfuss and Mr. Asleson to prepare a press release. He asked Ms. Vaske where the City would get funds to pay for this emergency. She will prepare a plan for staff to review. Council Member Lyden asked if staff or other emergency agencies have a"ball park" estimate of the cost of this emergency. Mr. Wojack said he did not. Chief Pecchia explained that at this time,his staff is on over-time status with a supervisor working 12 hour shifts. There is mutual aid from Anoka County and officers will be patrolling on bicycles and in cars.Mayor Sullivan expressed concern regarding the policy PAGE 4 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 for exempt personnel. Chief Pecchia said that at this time, all union employees with the exception of the LLMA employees will be compensated for working overtime. LLMA and some other exempt employees will not receive additional compensation. Mr. Jackson explained that he has stopped and advised residents regarding protecting their property. He asked if he could use a hammer and nails and help the residents. He was told that he could not because of the liability issue. Mr. Jackson is to advise the residents to hire a local contractor. Chief Bennett noted that some insurance companies have their own contractors. Chief Pecchia noted that insurance coverage's may vary. Mayor Sullivan moved to authorize Chief Pecchia to judiciously pay staff overtime up to $50,000.00. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Sullivan asked that Mike Lampert or Spike Johnson at NSP be contacted to get a better idea about when electric service will be restored. Ms. Vaske explained that she will set up a special fund to account for all storm related expenses. She asked that staff time working in the City parks and on tree removal from the parks be accounted for separately for insurance purposes. Ms. Rue noted that if the damage is critical enough,there could be some state aid �-� available. The state looks only at uninsured losses in determining if there is to be any assistance. She noted that there is not any assistance available from the federal government except for small business loans. She will check with the Minnesota Refinance Agency to determine if there is anything available. Mayor Sullivan asked that residents be advised about this information when it is available. Chief Pecchia asked Ms. Rue if there was any assistance available to the City. Ms. Rue said that depends upon the total damage. The City would be required to exhaust all other sources of funding before the state or the federal government would step in. Mr. Pietso noted that Shoreview had damage one quarter of a mile wide for three(3) miles. Mr. Wojack explained that weather people have been out to determine if the storm was a wall wind or a tornado. Mayor Sullivan asked that press be informed that the City thinks that a small tornado is responsible for the localized damage. She also noted that she is most concerned that the residents be given all the information available. She noted how NSP handles these emergencies. She asked what else the City Council could do. Chief Pecchia said that they should be available if they are needed. He also would like the City Council to tour the damaged areas. Mr. Wojack asked that tree debris be handled separately from other debris. The City must be careful about disposal of tree debris. All City staff should give the residents the same advice. First they should check with their 100*411, insurance company and bring all debris to the boulevard. Tree debris should be separated from other debris. The City will pick up the debris for the next two (2)weeks. City will PAGE 5 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 be at the dump site to supervise the disposal site and make sure it is operated as requested by Chief Bennett. The staff should carry a list of licensed tree removal contractors with them to hand to the residents. Chief Bennett asked if the homes or garages that need to be rebuilt need building permits. It was determined that a building permit is needed. Council Member Lyden said that he would be in favor of issuing the permits without charge. Chief Bennett said that his staff would distribute flyers to the residents when they are prepared. Council Member Neal noted that he has been able to "find"donated food for the persons working to clean up after the storm. Drinking water and water to flush toilets was discussed. Chief Bennett will install a faucet on a fire hydrant for use by the residents. The City Clerk was instructed to call the City of Hugo to postpone the joint council meeting schedule for Wednesday, May 20th. Mr. Pietso's survey of the affected area shows that there were four(4)houses destroyed in the Behm's Century Farm area, one on Snow Owl and one on Greenbriar. The Red Cross has left information for the residents to contact them. There are 20 homes with .� major damage, seven(7) of them are located on Elm Street. There are 68 homes with minor damage but are habitable. Mayor Sullivan asked if the City could look to the county or state for financial assistance. Ms. Rue said that last year a couple events happened,most notably,the severe flooding in the Red River Valley area that did get the attention of the state legislature. The legislature happened to be in session at the time of the flooding and passed emergency legislation providing some funding. It would take action by the state legislature to get assistance from the state. She suggested contacting our state legislators to see what they can do. Mr. Ahrens explained that the streets would be cleared immediately and swept. This will keep debris from entering the storm sewers. It was noted that a tree fell over a path near 502 Arrowhead Drive. The city staff will take care of this situation. Mr. Tesch will coach the telephone persons so that residents will receive the same information all of the time. Shifts will be set up to handle telephone calls. Staff will continue street cleanup efforts and patrol of the area. Staff will also advise residents on how to get rid of the debris and how to go about obtaining building permits to rebuild their damaged homes and buildings. Fliers will be prepared and distributed to the affected residents. The meeting was adjourned at 11:55 a.m. PAGE 6 EMERGENCY COUNCIL MEETING MINUTES MAY 16, 1998 These minutes were considered, corrected and approved at a g ar meeting held on July 13, 1998. PA O-W Marilyn G. derson, Clerk-Treasurer K erl A ivan, Mayor PAGE 7 CITY COUNCIL WORK SESSION JUNE 3, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : June 3, 1998 TIME STARTED : 4:57 p.m. TIME ENDED : 9:00 P.M. MEMBERS PRESENT : Council Members Bergeson,Dahl,Lyden, Neal,Mayor Sullivan MEMBERS ABSENT : None Staff members present: Community Development Director, Brian Wessel, Consulting Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Consulting Planner,Al Brixius; City Engineer, Dave Ahrens; Building Official, Pete Kluegel; Assistant to the City Administrator, Dan Tesch; Parks and Recreation Director, Rick DeGardner; Environment Coordinator, Marty Asleson; Finance Director, Mary Vaske,Administrative Secretary, Jean Viger and Clerk-Treasurer Marilyn Anderson COMPREHENSIVE LAND USE PLAN UPDATE Mayor Sullivan noted that the purpose of this meeting and the next meeting on June 15th is to review the Plan, come to a consensus about the various elements and then make a commitment to the Plan. Al Brixius update the City Council regarding the status of the Comp Plan and answer questions that the City Council had. He noted that the Plan is a 10 year development plan. Al presented a packet of information regarding the draft Plan to each Council Member. He noted the packet contained the draft of the first chapters. Discussion of the land use category and specific descriptions of various planning districts will be discussed at the June 25, 1998 meeting. Al began his review of the draft Plan presented tonight. He discussed the development policy statement,the greenways which will be both public and private, the growth management element and noted that he has been asked to revisit forest areas. Chris asked Al to prepare a map of the current zoning districts and then prepare an overlay of what is being proposed in the new Plan. Al said he would try to do this. Chris explained that he had serious reservations about the proposed Comp Plan, however it has come a long way. He said he wanted to be part of the answer. Chris asked for Council permission to share with Al and discuss in detail his concerns. Kim said that she PAGE 1 CITY COUNCIL WORK SESSION JUNE 3, 1998 hoped all Council Members would do the same. Chris said his concerns involve growth, the MUSA bank and regulations. Kim asked Chris what it would take to convince him that the Plan represents what the people of Lino Lakes want. Chris said that he did not want mediocrity and wanted to preserve the present uniqueness in Lino Lakes. Kim explained that Chris needed to recognize what other people want and feel. She asked if he felt that the proposed Plan represents what the general citizen wants?Chris said no. Kim explained that the Council should make sure that the Plan follows what the Quality of Life survey generally outlined. She felt that the proposed draft follows what the 20/20 Vision project and Quality of Life survey asked for. Andy explained that one of his concerns is the senior citizen. He did not want to see low income rent properties in areas where senior citizens might live. He felt that this combination would leave the senior citizen feeling unsafe. Al will talk to Andy about this concern. John explained that the City Council had delegated the task of revising the Comp Plan to a group of citizens. He felt this group is a fair representation of the community. He said he would depend upon this group to process and prepare the Plan. John noted that this is primarily a land use plan and regulates what type of activities are going to happen in what part of town. He felt this group's main purpose was to determine land use and hoped they would keep the "big picture" in mind. John challenged Chris to identify areas of the Plan that he did not agree with and get on with the task of completing the Plan. Caroline, a member of the Comp Plan Task Force, explained that she had voted for low growth. Since this was not the consensus of the group, she is working to keep an open mind. She is committed to the Plan but believes more commercial growth has to occur faster than outlined in the Plan. Caroline also noted her support of cluster development and she wants to protect the rural areas. She explained that Brooklyn Park has prepared a map that any citizen can view to see what is planned for their area of the city. She hoped such a map could be prepared for Lino Lakes. Kim explained that the Council must make sure to keep on track and listen to what the other Task Force members have to say. She asked Council to take the draft Plan home and review it. The Plan will be brought back to the next work session. John said he knows of some changes in the property tax structure but is not sure he understands what the new structure is. Jamie Schaps, Planning and Zoning Chairman, said he felt it was unfair for any Council Member to make comments on the Plan until they have studied it. He felt that this is what the community has asked for and there has never been any attempt to keep anyone out of the process. Jamie said that if there are people out there who have further input,they should come forward now. A lot of work and a lot of meetings have been devoted to this PAGE 2 CITY COUNCIL WORK SESSION JUNE 3, 1998 ^ document. Jamie also noted that the Plan is just a land use tool, it is not a development plan. Don Dunn, Planning and Zoning Board& Charter Commission member felt it is difficult to summarize a document like this. He explained I00's of hours have been devoted to the drafting the Plan and said he firmly believes that this is what the citizens want. Did it answer everyone's need?No, it should operate on the basis of what's good for the community. Quality of life encompasses many things and means different things to different people. Don asked if the Plan goes a long way in recognizing the future of Lino Lakes? Yes,the Plan outlines the framework to manage the City. The Task Force looked for a balance and put aside their personal goals and wants to be as objective as possible. Don noted that once the Plan is adopted by the City Council,more work is needed to revise the City Ordinances and Policies. Chris explained that he heard a comment about increasing the population to meet the Met Council's forecasts. Chris was told that the Met Council's forecasts were never a part of the consideration of this Plan. Chris again said that the Citizens Survey said that the community wanted low growth. Kim told Chris that the Plan is a consensus and he should be a part of this consensus. Mike Trehus, Charter Commission and Planning and Zoning Board member explained that he had sent a memo to Kim regarding growth. He disagrees that all issues have been addressed. Kim asked Mike to prepare a presentation regarding what his thoughts are about the Plan. Paul Montain, Park Board member and Charter Commission Chairman said his opinion is that the City should have moderate to fast growth. He also noted that the document is a consensus and not cast in stone. Paul is not completely satisfied with the document but feels equally committed to the City. Paul said that he takes exception when he hears a person saying that they have the right view. J. P. Houchins, Task Force,Environmental Board and 20/20 member said that the Council should reread the 20/20 final report. He has prepared a list of items that he feels should be addressed. He also noted that the City cannot stand still. Guy Herr, Task Force member and former Planning and Zoning Board member said he agrees with Don. Metropolitan Council only predicts what the population of any community is going to be. That figure is not there desire or goal. J. P. noted that the reason he moved to Lino Lakes was the open spaces. If anyone of the Task Force is committed to the Plan it is him. Kim told Mike that he has done a good job of describing his concerns. Andre referred to page 24 of the draft and said he felt this goal was very low. Kim explained that this will require additional discussion. PAGE 3 CITY COUNCIL WORK SESSION JUNE 3, 1998 ^ Caroline, Council member and Task Force member said that she did not want to vote for zero growth but did vote for about 100 new homes per year. She explained that Mark Lindblad could not be here tonight and asked her to present his views of the draft. Mark hoped that the Council would leave this meeting with a clear consensus that everyone including the City Council is "walking in the same direction". Kim asked the Council to write down their comments and submit them to the Task Force or Al Brixius. The Council will meet on June 15, 1998,4:30 p.m.to "walk"through the entire draft. She asked the Council to be prepared to resolve this matter on June 25th. PARK BOARD REVIEW OF 1998 GOALS George Lindy, Park Board chairman,presented a summary of the Park Board goals and priorities. The handout named the parks, the description of the work to be completed,the dollar amount and which fund the money would be coming from. He also was pleased that the Parks Department is receiving money from the excess fund balance for playground equipment. George reported that the Parks Department and the Park Board are continuing to search for suitable land to build an athletic complex. He stated that forty to sixty acres would be ideal and that they are currently looking at five (5) or six(6)possible locations. r1 CITY AUDITOR Rob Tautges presented a letter to Council outlining his proposal to increase the scope of the 1997 audit and the added cost. Mayor Sullivan asked Rob to make council aware of any other billing. John asked Mr. Tautges to carefully consider the additional charges and charge the City fairly. PDI, CITY ADMINISTRATOR SEARCH Harry Brul presented a list of publications in which the ad appeared for the new City Administrator. Harry reported that there are currently 67 candidates. PDI will cut the list to 23 and with additional information narrow down to six(6). He stressed the importance of discussing salary in the immediate future. He also reported that PDI did not receive a large number of applications from the local area and thought maybe that was because of the press Lino Lakes received in the last year and the current situation itself. Harry asked the Council to discuss moving expenses to accommodate someone from out of town. There will be four(4) interview panels - City Council, Management Team, Staff and '~ Advisory Board Members. Mayor Sullivan pointed out that the interviews are open to the PAGE 4 CITY COUNCIL WORK SESSION JUNE 3, 1998 n public. Harry informed council that complete packets for the final six (6) candidates will be delivered before the interviews on June 15th. LEAGUE OF MN CITIES ANNUAL MEETING Kim asked if anyone besides Andy Neal and herself were attending the League of Cities annual conference. Dan replied that he would be attending. Brian stated that he attended the conference last year and noted the sessions relating to community development this year are similar to last year. Kim asked why no other department head was attending the conference. She was told there were some cost concerns. Kim replied that this annual conference has a lot of good sessions. In the future there should be discussion of who is to go and to which sessions. CODE OF CONDUCT Mayor Sullivan asked that the Code of Conduct be reviewed with each new employee and at each employee's annual review. This process will start July 1 st. The Council will review the Code of Conduct and if any changes need to be made they will be made by January 1, 1999. She also stated that the City Council and all Boards will review the Code and sign off January 1 st of each year. r� STORM UPDATE Dave reported that he is working to complete the storm damage assessment sheet to be sent to the state. Public Works is also working on a city map showing what is done and where they are working. Final clean up will begin June 8th. CONSIDER CHANGING DATE FOR NEXT COUNCIL WORK SESSION The next Council work session has been changed to 4:30 p.m. on Monday,June 15th at the Centennial Middle School immediately following the interviews. CONSIDER HAY STUDY This matter was tabled until the next regular work session. REGULAR AGENDA,JUNE 8, 1998 Mary Vaske explained Resolution 98-79 amending Resolutions 97-140 & 97-141 to reflect the modified fund number. Brian Wessel addressed item No. 4A to which Chris Lyden asked if it required a 4/5 vote. Brian replied that it did require a 4/5ths vote. PAGE 5 CITY COUNCIL WORK SESSION JUNE 3, 1998 Dave Ahrens addressed item No. 613, accept bids and award construction contract, West Shadow Lake Dr. culvert replacement; 6D Consideration of Resolution No. 98-85, approve plans and specifications and authorize advertisement for bids, Otter Lake Road realignment project; 6E Consideration of Resolution No. 98-86, approve joint powers agreement with Anoka County, Otter Lake Road realignment project. Dave did not have green sheets available but said they would be delivered on Friday. NEW BUSINESS Andy Neal suggested that all employees wear name tags so that a resident or customer will know who they are talking to when they approach someone from staff. Kim asked Dan to take this suggestion to staff and get some feedback or maybe other ideas. Mayor Sullivan polled the council to see whether they would like the work session agenda faxed to them prior to the work session. She also requested that, if possible, all work sessions be held in the senior center. John added that a note be included in each packet reminding Council what materials to bring to the meeting. Mayor Sullivan also requested the City buy a STURDY easel. r The meeting was adjourned at 9:00 p.m. These minutes were considered, corrected and approved at a regular mee1mg of the City Council on June 22, 1998. Marilyn G. Anderson, City Clerk K' erl A. Ili an Mayor Transcribed by: Jean Viger, Administrative Secretary Marilyn Anderson, Clerk-Treasurer PAGE 6 COUNCIL MINUTES June 8, 1998 CITY OF LINO LAKES MINUTES DATE : June 8, 1998 TIME STARTED : 6:59 P.M. TIME ENDED : 8:14 P.M. MEMBERS PRESENT : Bergeson,Lyden,Dahl,Neal, and Mayor 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; Parks and Recreation Director, Rick DeGardner; Building Official,Pete Kluegel; Environmental and Forestry Coordinator, Marry Asleson; Finance Director,Mary Vaske; and City Clerk Marilyn Anderson Mayor Sullivan noted that sixty-seven applications were received for the City Administrator position. Monday, June 15, 1998, six(6) applicants will appear before an all day panel and a selection will be made. Mayor Sullivan also noted that a new packet is available from the Environmental Board. The packet entails information regarding wildlife, landscaping, and ideas to help the environment. The packet is available at City Hall. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Bergeson moved to approve the Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: May 29, 1998 ($471,084.81) Approved June 8, 1998 (Checks No. 50916 - 51023, $239,833.19) Approved Centennial Fire District May Expenses Approved June Expenses Approved 1 COUNCIL MINUTES June 8, 1998 Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Ms. Rosemary Storberg,Lino Lakes,came forward and explained to the Council that she was injured in the parking lot of the 49 Club. She reported the incident to a bartender at the club. The stump that she received her injury from was not fixed. Ms. Storberg discovered that the owner of the club and the person who held the liquor license did not live in the State of Minnesota. After Ms. Storberg filed a claim in small claims court,the stump in the parking lot was fixed. She asked for a letter of apology from the owner. The owner refused. She asked for a donation for a children's Christmas fund. The owner refused and instead chose to go to court. -No settlement occurred. Ms. Storberg wrote an editorial about her experience. The Quad Press refused to print it. Ms. Storberg asked the Council if the person who holds the liquor license is responsible for the property and premises. Mayor Sullivan thanked Ms. Storberg for her comments. She stated that the responsibilities of liquor license holders will be discussed by Council at a Council work session. Tim Fried, 6559 Pheasant Run, came forward to thank the Council for the new playground equipment, especially the equipment that is going to be installed at Birch Park. Mayor Sullivan thanked Mr. Fried for taking the time to address the Council regarding the playground equipment. FINANCE DEPARTMENT REPORT,MARY VASKE Consideration of Resolution No. 98 - 79,Amending Resolution No. 97- 140 and Resolution No. 97- 141 -Ms. Vaske stated that in October, 1997, Council adopted Resolution No. 97- 140 and Resolution No. 97- 141 transferring funds from T.I.F. 1-1 and T.I.F. 1-2 to the Town Center Fund for infrastructure. In December, 1997,the Town Center Fund was divided into three funds: Village, Civic Complex, and Infrastructure. The two (2) 1997 Resolutions stated the transfer to Fund 431. The Infrastructure Fund was established as Fund 433. The amendment is to change the fund number that the transfer was made to. Council Member Lyden moved to adopt Resolution No. 98 - 79, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 79 can be found at the end of these minutes. Consideration of Resolution No.98 -80,Approving Annual Transfers for Rice Industries from Tax Increment-Ms. Vaske stated that per the T.I.F. agreement with Rice Industries, assessments owing on the property were to be paid with increments over the life of the district. The T.I.F. attorney has suggested an assessment schedule based on the approximate term of the 2 COUNCIL MINUTES June 8, 1998 ^� district with 10% interest charges per year. These annual transfers for assessments have been previously approved for all other T.I.F. projects with the same assessment agreement. The total assessment owing is $51,260.05. Ms. Vaske asked Council to adopt Resolution No. 98 - 80 to allow for annual transfers for assessments from increment received. Council Member Bergeson moved to adopt Resolution No. 98 - 80, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 80 can be found at the end of these minutes. Approval of Springsted,Inc. to Perform Arbitrage and Rebate Monitoring Services for the 1998A Lease Revenue Bonds and 1998A and 1998B G. O. Improvement Bonds -Ms. Vaske stated that with the issuance of the three(3)bonds,the City has exceeded the requirements for arbitrage reporting. The limit is $5,000.000. In order for the City to be able to issue future municipal debt,the City is now committed to provide ongoing arbitrage reporting. Ms. Vaske continued stating that the City entered into an agreement with Springsted in 1996 for arbitrage monitoring. This motion is for approval of Addendum B. The fee to Springsted is $400 annually or$850 for monitoring at the close of every fifth bond year. Because of the complex rules and regulations,many cities have contracted with Springsted for this service. Council Member Lyden moved to approve and sign the attached addendum's to the 1996 agreements for the G. O. Improvement Bonds 1998A and 1998B and the Lease Revenue Bond 1998A, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Approval of Springsted,Inc. to Perform Continuing Disclosure Services for the 1998A Lease Revenue Bonds and 1998A and 1998B G. O. Improvement Bonds-Ms. Vaske stated that the Securities and Exchange Commission has created regulations for disclosure of pertinent information relating to the issuance of municipal debt. Upon the sale of the bonds in 1998,the City will be committing to actions throughout the life of the bonds. The commitment is that the City will continue to provide ongoing disclosure regarding the issues and the City will comply with the arbitrage regulations. The City signed the original agreement with Springsted in 1996 for continuing disclosure services. This is for approval of Addendum A to the 1996 Agreement. Because of the complex rules and regulations, many cities have contracted with Springsted for this service. Council Member Bergeson moved to approve and sign the addendum's to the 1996 agreements for the G. O. Improvements Bonds 1998A and 1998B and the Lease Revenue Bond 1998A, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 3 COUNCIL MINUTES June 8, 1998 n COMMUNITY DEVELOPMENT REPORT,BRIAN WESSEL/MARY KAY WYLAND Consideration of Final Plat,Behm's Century Farms,4th Addition (4/5th Vote) -Ms. Wyland stated that the preliminary plat for Behm's Century Farms 4th Addition was approved by the Council in July, 1997. At that time the City also received approval from the Metropolitan Council to allow the use of the Interim MUSA Reserve on Behm's 3rd, 4th, 5th, and 6th Additions. The Council authorized the MUSA expansion into this area in February, 1997. The net acreage required for this Final Plat is 10.46 acres leaving a balance of 72.31 acres of Interim MUSA Reserve. Ms. Wyland said that this addition to Behm's Century Farms includes three(3) cul-de-sacs. One cul-de-sac off Lilac Street and two(2)off a"to be constructed"roadway formerly known as Laurie Avenue. The property has been graded,permits received from the RCWD, a development agreement and financial guarantees posted, and the title work reviewed and approved by the City Attorney. Utilities are being extended down Lilac Street to serve the new development which will consist of 28 single family lots. Staff recommends approval of Behm's Century Farms, 4th Addition final plat and the allocation of 10.46 net acres of Interim MUSA Reserve. Mayor Sullivan asked the City Attorney if there are any legal implications if the MUSA was not approved. Mr. Hawkins stated that if the MUSA is not approved the final plat would not go through. Ms. Wyland stated that a condition of the final plat was MUSA approval. The MUSA has been allocated from the MUSA Reserve. Council did approve the request to the Metropolitan Council for the MUSA Reserve. Council Member Bergeson moved to approve the allocation of 10.46 net acres of Interim MUSA Reserve,as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Council Member Bergeson moved to approve the final plat, Behm's Century Farms 4th Addition, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Resolution No. 98 - 81,Authorizing the Issuance and Sale of$3,000.000.00 Industrial Development Revenue Bonds (Molin Concrete) - Mr. Wessel stated that the Council held a public hearing on April 27, 1998, for the consideration of a proposal to issue $3.4 million in industrial revenue bonds for the construction and equipping of an approximately 16,000 square foot building and construction of an additional 1,600 square foot building for Molin Concrete. The actual issuance and sale of the bonds was delayed while Molin Concrete reapplied for tax exempt bonds. Molin Concrete was successful in obtaining $3 million in tax exempt bonds in this round of applications. 4 COUNCIL MINUTES June 8, 1998 The resolution will authorize the issuance and sale of$3 million of industrial revenue bonds. The bonds will not constitute a charge, lien or encumbrance upon any property of the City except the project, and will not be a charge against the City's credit or taxing powers. Council Member Bergeson asked if Molin Concrete is financing an additional $400,000. Mr. Wessel indicated that Molin Concrete is financing the $400,000. The additional financing is separate from the industrial revenue bonds. Council Member Lyden moved to adopt Resolution No. 98 - 81, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 81 can be found at the end of these minutes. Comprehensive Plan Update-Mr. Wessel stated that the last meeting was Wednesday,June 3, 1998. The meeting was held in a work session format and included the Comprehensive Plan Task Force and the City Council. The meeting will be continued on Monday, June 15, 1998. The meeting will also be a joint work session. A recommendation will go forth to the regular Comprehensive Plan meeting on Thursday, June 25, 1998. BUILDING DEPARTMENT REPORT,PETE KLUEGEL Consideration of Emergency Ordinance No. 08 -98,Providing for the Use of Motor Homes/Self Contain Travel Trailers as Temporary Residences During Repair of Damage to Dwelling Which Occurred on May 15, 1998 -Mr. Kluegel stated that the Building Inspections Department has been contacted by residents of Lino Lakes requesting to be allowed to occupy a motor home on their property while working to repair their storm damaged homes. These people are currently housed in motel rooms and want to repair their own homes. Mr. Kluegel recommended the homeowners be allowed to park a motor home on their property subject to specific criteria in the Emergency Ordinance. Mayor Sullivan asked if the four(4) families have been notified. Mr. Kluegel indicated that the families have been notified. Council Member Neal stated that allowing the families to live in a motor home while home repairs are being done is a very good idea. Mayor Sullivan stated that the limitations to the Emergency Ordinance include a limit regarding the amount of time allowed to live in a motor home,the American Red Cross declared the home destroyed, and the Ordinance is only appropriate at this time of emergency. Council Member Neal moved to adopt Emergency Ordinance No. 08 -98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 08 - 98 can be found at the end of these minutes 5 COUNCIL MINUTES June 8, 1998 CITY ENGINEER'S REPORT,DAVID AHRENS Consideration of Resolution No. 98 -82,Accept Permanent Easement,Ware Road Reconstruction Project-Mr. Ahrens stated that the Council has awarded the construction contract to S. R. Weidema for the Ware Road project. A pond to treat road runoff is required and can not be built within the existing City right of way. City staff has negotiated perpetual easement requirements for the pond. The easement will be granted to the City for$1.00. Mr. Ahrens asked Council to adopt Resolution No. 98 - 82, accepting the perpetual easement for drainage, utility and storm water ponding from the trust of Raymond J. Miller. Council Member Lyden asked how the price of$1.00 had been determined. Mr. Ahrens stated that the owner believes that the easement will benefit the property in the future. Council Member Lyden moved to adopt Resolution No. 98 - 82, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 82 can be found at the end of these minutes. Consideration of Resolution No. 98 -83,Accept Bids and Award Construction Contract, West Shadow Lake Drive Culvert Replacement-Mr. Ahrens stated that Council approved the plans and specifications for this project on April 27, 1998. On June 4, 1998, five (5) sealed bids were received and opened with the following results: Forest Lake Contracting, Inc. $28,297.00 CCS Contracting $32,154.50 S. R. Weidema $36,892.85 F. F. Jedlicki $39,101.00 Ro-So Contracting $39,440.00 Engineer's estimate $34,062.50 The bids were tabulated and no errors were found. The five (5)bids submitted represent a good bidding environment for this type of project and time of year. The low bid by Forest Lake Contracting, Inc., is approximately 17%below the engineer's estimate. Staff has worked with Forest Lake Contracting, Inc. in the past and they are a capable contractor capable of completing the required work. Mr. Ahrens stated that the construction costs for this project will be paid by the City's Surface Water Management Fund. The proposed schedule for the project is as follows: Council Awards Bid June 8, 1998 Construction Begins June 22, 1998 Substantial Completion July 6, 1998 6 COUNCIL MINUTES June 8, 1998 The project will include closing West Shadow Lake Drive from 8:30 a.m. to 3:30 p.m. on two (2) separate occasions. Once for installing the new culvert and again for removing the existing culvert. During this closure,traffic will be routed through the Chomonix Golf Course road. Mr. Ahrens indicated that staff will precede the project with notification to all affected property owners, garbage collectors, mail couriers, etc., explaining the project scope and the time frames of the detour. Staff recommended that Resolution No. 98 - 83 be adopted. Mayor Sullivan stated that she appreciates the effort of communication regarding the affected property owners and service providers in the area. Council Member Bergeson asked if the Rice Creek Watershed District had been notified regarding the height and future flow control. Mr. Ahrens stated that he had not yet spoke with the Rice Creek Watershed District. He is still pursuing a discussion with them. Council Member Bergeson stated that he felt a discussion with the Rice Creek Watershed District is necessary for approval of this resolution. Mr. Ahrens indicated that a permit has been received from the DNR. Council Member Neal asked what time the gate at the golf course will open. Mr. Ahrens indicated the gate would open for through traffic at 8:30 a.m. Council Member Neal stated he did not believe that was early enough for work traffic. Mr. Ahrens explained that West Shadow Lake Drive will be open until 8:30 a.m. Traffic will be routed through the golf course after 8:30 a.m. Council Member Bergeson moved to adopt Resolution No. 98 -43, subject to final contact with the Rice Creek Watershed District regarding the height and future flow control of the culvert. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 83 can be found at the end of these minutes. Consideration of Resolution No. 98 -84,Approve Loan Agreement with Metropolitan Council,Inflow and Infiltration Reduction Project-Lakes Addition Sanitary Sewer Rehabilitation Project-Mr. Ahrens stated that Inflow/Infiltration Control Program Loan Agreement between the Metropolitan Council and Lino Lakes requires Council approval to allow the City to take advantage of a$40,000 loan to finance sanitary sewer repairs in the Lakes Addition area of Lino Lakes. Both the City Attorney and Finance Director have reviewed the Agreement and found it acceptable. A provision in the Agreement states that repayment of the loan may be waived if the City reaches its goals in reducing inflow and infiltration into the sanitary sewer main. Staff recommended Council adopt Resolution No. 98 - 84. 7 COUNCIL MINUTES June 8, 1998 Mayor Sullivan thanked Mr. Ahrens for obtaining the loan for the City. Council Member Dahl moved to adopt Resolution No. 98 - 84, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 84 can be found at the end of these minutes. Consideration of Resolution No. 98 -85,Approve Plans and Specifications and Authorize Advertisement for Bids,Otter Lake Road Realignment Project-This project involves the reconstruction of existing Otter Lake Road along a new alignment between Cedar Street and Main Street. The project addresses the transportation needs of the existing businesses and proposed business development in the Clearwater Creek Business Center. The proposed improvements will also relocate the Otter Lake Road(C.R. 83)/Main Street(CSAH 14) intersection further east and away from the I-35E exit ramp to improve the intersection safety and sight distance. As the project also benefits Anoka County,the County has agreed to enter into a Joint Powers Agreement to share in the cost of constructing the roadway and related drainage improvements. The plans have been substantially completed and have been submitted to the County for their review. Mr. Ahrens noted that based on the Draft Agreement the cost split will be as follows: City of Lino Lakes $356,941 Anoka County $678,348 Total Cost $1,035,289 The proposed schedule for the project is as follows: Approve Plans and Specifications and Authorize Advertisement for Bids June 8, 1998 Advertisement June 30,July 7,July 14, 1998 Open Bids July 21, 1998 Award Construction Contract July 27, 1998 Begin Construction August 10, 1998 Substantial Project Completion November 2, 1998 Staff recommended Council adopt Resolution No. 98 - 85. Council Member Bergeson asked about the status of the connecting road between the old and new Otter Lake Road. Mr. Ahrens stated that a commitment has been made to acquire that property. Mr. Hawkins stated that the City has had discussions regarding the required right-of-way. The City has entered into a verbal agreement with the owner of the property. The agreement states 8 COUNCIL MINUTES June 8, 1998 that no further action will be taken for the next twelve months if documents are provided that he is in fact the owner of the property. Also,the owner of the property will have to dedicate a connector road. The agreement was sent out and the City is anticipating it will be accepted. Council Member Bergeson stated that if the agreement is accepted,the arrangement will be satisfactory to all those involved. Council Member Bergeson moved to adopt Resolution No. 98 - 85, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 85 can be found at the end of these minutes. Consideration of Resolution No. 98 -86,Approve Joint Powers Agreement with Anoka County, Otter Lake Road Realignment Project-The realignment of Otter Lake Road is a joint project between the City of Lino Lakes and Anoka County. The City initiated the project and will administer the project through construction. As such, a Joint Powers Agreement is necessary to formalize certain issues between Lino Lakes and Anoka County. Council action is requested at this time to approve the Joint Powers Agreement with Anoka County for the Otter Lake Road Realignment Project and to authorize the Mayor and City Clerk to sign the Agreement. Mr. Ahrens indicated that the Joint Powers Agreement is similar to previous agreements between the County and Lino Lakes for Apollo Drive, Phase 1 and 2. The Agreement identifies funding splits between the City and County. The funding is as follows: City of Lino Lakes $356,941 Anoka County $678,348 Total Costs $1,035,289 Mr. Ahrens stated that the City has acquired all of the right-of-way per the Agreement. The Agreement states that the City will receive existing Otter Lake Road between the realignment and Main Street. The Agreement also states that the City will not approve any access to Main Street between I-35E and the new alignment of Otter Lake Road. In addition,the City will limit the number of roadway connections to three(3) and limit the number of driveway connections to six(6)to the new Otter Lake Road. Staff recommended Council adopt Resolution No. 98 - 86. Council Member Lyden asked if there had been any discussions regarding a right-of-way off of Main Street. Mr. Ahrens stated that a right-of-way off of Main Street had been discussed. There are spacing issues regarding accommodation of the turn lane. Mr. Ahrens said that because of n the spacing issues the County was not receptive to a right of way off of Main Street. 9 COUNCIL MINUTES June 8, 1998 Council Member Bergeson asked if the agreement limited the number of entrances only on the south side of Main Street. Existing entrances are present on the north side. He asked if the existing entrances will still exist under this agreement. Mr. Ahrens indicated that the agreement does not specify the north or south side of Main Street. Mayor Sullivan asked if Otter Lake Road will continue after Main Street. Mr. Ahrens indicated Otter Lake Road will not continue after Main Street. Council Member Bergeson moved to adopt Resolution No. 98 - 86, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 86 can be found at the end of these minutes. Consideration of Resolution No. 98 -87,Approve Payment No. 1 (final), Lakes Addition Sanitary Sewer Rehabilitation Project-The contractor for the Lakes Addition Sanitary Sewer Rehabilitation Project is requesting Council approval of payment number 1 (final) in the amount of$84,329.99. The final contract amount is summarized as follows: Contract Amount $83,444.43 Quantity Overruns $ 855.56 Final Contract Amount $84,329.99 The overruns reflect the actual quantities used to complete the project versus the engineer's plan quantities. In this case, additional areas of inflow of groundwater were noted during the project compared to the televising report done at design. Staff recommended Council adopt Resolution No. 98 - 87. Council Member Bergeson moved to adopt Resolution No. 98 - 87, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 87 can be found at the end of these minutes. Consideration of Resolution No. 98 -88,Approve Payment No. 5 (final),Laurene Avenue Lift Station -The contractor for the Laurene Avenue Lift Station Project is requesting Council approval of payment No. 5 (final) in the amount of$1,131.90. The final contract amount is summarized as follows: Contract Amount $51,052.00 Change Order No. 1 $ 2,809.91 Change Order No. 2 $ 2,733.33 Final Contract Amount $56,595.24 Mr. Ahrens referred to a memorandum from Michael Krech, Senior Engineering Technician,that explained the two (2) change orders. 10 COUNCIL MINUTES June 8, 1998 Staff recommended Council adopt Resolution No. 98 - 88. Council Member Neal stated for the record that he does not approve of change orders. Council Member Lyden moved to adopt Resolution No. 98 - 88, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 98 - 88 can be found at the end of these minutes. Consideration of the Resignation of the Engineering Tech -Mr. Ahrens referred to a letter of resignation from Michael Krech, Engineering Technician. Mr. Krech is pursuing new opportunities with another municipality. Mr. Ahrens stated that the City wishes him well, and thanked him for his years of service to the Lino Lakes community and residents. Council Member Neal moved to accept Mr. Krech letter of resignation, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS -None NEW BUSINESS Consideration of the Renewal of Liquor and Beer Licenses and Dance Licenses,Marilyn Anderson-Ms. Anderson explained that many years ago proof of residency in Lino Lakes was required to obtain a liquor license in the City of Lino Lakes. Because this requirement was not feasible for large corporations,the ordinance was amended to state that a manager of the establishment must be a resident of the City. That is how the ordinance currently stands. Ms. Anderson stated that the City has received several renewal applications for liquor, 3.2 beer, and dance licenses that should be renewed by July 1, 1998. The Police Department has investigated each establishment and their managers. No problems were noted in this investigation. Ms. Anderson stated that she is waiting for additional information from one establishment as follows: 49 Club All information is complete. 6007 Hodgson Road Anoka County Parks Department Insurance information and investigation Chomonix Golf Course report on manager. (Since this application 646 Sandpiper Drive does not have to be approved by the State Liquor Control Board, Council can consider the application at the June 22, 1998, Council meeting.) J& K Liquor, Inc. All information is complete. 11 COUNCIL MINUTES June 8, 1998 n 6013 Hodgson Road Lakes Liquor of Lino Lakes Information is complete. (Owner of building 7860 Lake Drive is delinquent in payment of property taxes. The City Code is specific and reads as follows: "Places Ineligible for License. No license shall be granted for operation on any premises for which taxes, assessments, or other financial claims of the city are delinquent and unpaid." The owner of the property has indicated that he will make arrangements with the County for payment of the taxes. The City Attorney has indicated that this action will not be sufficient and the license should not be renewed until the taxes are paid.) Miller's On Main All information is complete. 8001 Lake Drive Shirley Kaye's, Inc. All information is complete. 6810 Lake Drive Tom Thumb Food Markets, Inc. All information is complete. 7007 Lake Drive Twin Cities Stores,Inc. All information is complete. 7509 Lake Drive Circle-Lex VFW Post#6583, Inc. All information is complete. 7868 Lake Drive Mayor Sullivan asked if the manager of Chomonix Golf Course is the same manager as last year. Ms. Anderson indicated it was not the same manager. Council Member Neal asked if the Lakes Liquor of Lino Lakes pay their taxes will the license be renewed. Ms. Anderson indicated that if the taxes are paid the liquor license may be renewed. She stated she is asking Council for approval early in order to forward the applications to the State for their approval. Mayor Sullivan expressed concern regarding approval of the Lakes Liquor of Lino Lakes application if the taxes are not paid. 12 COUNCIL MINUTES June 8, 1998 ^ Council Member Neal suggested Council vote with the contingency that all obligations are met by July 1, 1998. Mayor Sullivan noted that liquor license owners and manager responsibilities will be discussed at a Council Work Session. Council Member Bergeson asked if there will be communication with the applicants regarding the contingency of approval. Ms. Anderson stated that she will inform the applicants of all conditions of approval. Mayor Sullivan asked how the applications are recalled once submitted to the State. Ms. Anderson stated that she completes and send them to the State. The State then sends the applications back to the her. Any requirements not met will not be forgotten or overlooked. Council Member Neal moved to approve all licenses contingent on all obligations being met by July 1, 1998. Council Member Lyden seconded the motion. Motion carried with Mayor Sullivan voting no. Consideration of a Letter from City Auditor, Tautges,Redpath,David Pecchia-Mr. Pecchia referred to a letter from the City Auditor explaining that the scope of the original 1997 audit had increased and is requesting additional compensation. ^ Mr. Pecchia asked Council to adopt a motion approving the letter of June 3, 1998. Council Member Bergeson stated that he would vote to approve the letter only because the City Administrator recommends approval. He stated that under the circumstances,the audit should have been done for no charge or at a reduced price. Mayor Sullivan stated that she agreed with Council Member Bergeson. Council Member Lyden moved to approve the letter of June 3, 1998, from Tautges, Redpath, LTD., as presented. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR JUNE 9 THROUGH JUNE 19, 1998 Ground Breaking for the Lino Lakes Civic Complex,Tuesday,June 9, 1998,4:30 p.m. Planning and Zoning Board,Wednesday,June 10, 1998, 6:30 p.m. City Administrator Interviews,Monday,June 15, 1998, 8:00 a.m.,Centennial Middle School Council Work Session with Comprehensive Task Force,Monday,June 15, 1998,4:30 p.m., Centennial Middle School 13 COUNCIL MINUTES June 8, 1998 Citizens Advisory Committee,Monday,June 15, 1998, 7:00 p.m., Centennial Middle School Comprehensive Plan Meeting,Wednesday,June 17, 1998,4:45 p.m. League of Minnesota Cities Annual Meeting,June 17 through June 19, 1998 ADJOURN Mayor Sullivan noted that the Mayor's Round Table that was held last week was very successful. She also noted that Kite Day was a big success. There being no further business, Council Member Dahl moved to adjourn at 8:14 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, June 22, 1998. Marilyn An erson, Clerk-Treasurer Ki erly i , Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 14 Council Member Neal introduced the following emergency ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 08 -98 AN EMERGENCY ORDINANCE PROVIDING FOR THE PARKING OF A SELF-CONTAINED MOTOR HOME OR TRAVEL TRAILER FOR USE AS A RESIDENCE The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Legislative Findings of Fact The City of Lino Lakes, Minnesota, experienced a severe storm and tornado on Friday, May 15, 1998. As a result of the storms and the tornado, several homes were destroyed and the residents moved to other housing. Some owners of these destroyed homes now wish to rebuild their homes and desire to be living on-site during the rebuilding process. They have requested authorization to park and live in a motor home on their property. r1 The City finds that living on the property during reconstruction is in the best interest of the homeowner because the homeowner will be able to protect his property by deterring theft or vandalism. In addition, the homeowner will be available at all times to the builder. Therefore, the City Council of the City of Lino Lakes, Anoka County, Minnesota, does thereby ordains: 1. A temporary emergency exists for those homeowners whose dwellings were destroyed by the storms and tornado of May 15, 1998. 2. Not withstanding any contrary provisions in the Lino Lakes City Code, the owner of any single family home declared destroyed by the American Red Cross shall be allowed to park and live in a motor home or self contained travel trailer until the expiration of this ordinance as outlined in paragraph No. 3. 3. This emergency ordinance will expire on August 22, 1998. This ordinance shall take effect upon its passage by a majority of Council Members present at the June 8, 1998 City Council meeting and shall be in force until August 22, 1998. Passed by the Council of the City of Lino Lakes this 8th day of June, 1998. ,ram ORDINANCE NO. 08 -98 Page -2- Ki erltf- Sullivan, Mayor Mari yn G. Anderson, Clerk-Treasurer Motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl an upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. n Whereupon said resolution was declared duly passed and adopted. '^ Council member Lyden introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-79 RESOLUTION AMENDING RESOLUTIONS 97-140 AND 97-141 TO REFLECT THE MODIFIED FUND NUMBER WHEREAS, Resolution 97-140 and 97-141 were adopted in October, 1997, and WHEREAS,the transferwas approved to The Town Center Fund#431, and WHEREAS,the Town Center Fund was divided into three funds in December, 1997, and WHEREAS,the new Infrastructure Fund became#433. NOW THEREFORE BE IT RESOLVED, that the City Council of Lino Lakes amends Resolution 97-140 and 97-141 to state the transfer is to Fund 433 - Infrastructure instead of Fund 431 -Town Center Adopted by the City Council of Lino Lakes this 8th d y o e, 99 i y i VIC65/Mayor aril n G. A erson,Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Neal and upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: n ^ Council member Bergeson introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-80 RESOLUTION APPROVING ANNUAL TRANSFERS FROM TAX INCREMENT FUND 1-7 TO AREA & UNIT FUND, CLOSED BOND FUND AND SURFACE WATER MANAGEMENT FUND FOR ASSESSMENT PAYMENTS FOR RICE INDUSTRIES WHEREAS, T.I.F. assistance was given to Rice Industries for assessments,and WHEREAS, assessments owed to the City are to be paid with tax increments received, and WHEREAS, the City Tax Increment attorney has suggested an assessment schedule based on the estimated term of the district,and WHEREAS, the City has developed the assessment schedule with a 10% interest rate, and WHEREAS,the schedule may be altered as increment is received. NOW THEREFORE BE IT RESOLVED, that the attached assessment schedule transfer be approved. Adopted by the City Council of Lino Lakes this th d of n 8. Ki erly livan - Mayor Maril n G. Anderson, Clerk Treasurer The motion for the 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, Neal, Lyden, Sullivan. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota was duly held at the City Hall in Lino Lakes on Monday, the 8th day of June, 1998, at 6:30 o' clock P.M. RESOLUTION NO. 98 - 81 The following councilmembers were present : Bergeson, Dahl, Lyden, Neal, Sullivan. and the following were absent : none. Councilmember Lyden introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3 , 000, 000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MOLIN CONCRETE PRODUCTS PROJECT) SERIES 1998 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon the following voted in favor thereof : Bergeson, Dahl, Lyden, Neal, Sullivan. and the following voted against the same : none. whereupon said resolution was declared duly passed and adopted. 1"N 921019.2 n RESOLUTION NO. 98-81 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3, 000, 000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MOLIN CONCRETE PRODUCTS COMPANY PROJECT) SERIES 1998 BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota (the "Issuer") , as follows : 1 . The Issuer has received a proposal from Molin Concrete Products, a Minnesota corporation (the "Company" ) that the Issuer undertake to finance a certain Project as herein described, pursuant to Minnesota Statutes, Sections 469 . 152 through 469 . 165 (the "Act") , through issuance by the Issuer of its $3 , 000, 000 Industrial Development Revenue Bonds (Molin Concrete Products Company Project) Series 1998 (the "Bonds") . 2 . It is proposed that, pursuant to a Loan Agreement dated as of June 1, 1998, between the Issuer and the Company (the "Loan Agreement" ) , the Issuer loan the proceeds of the Bonds to the Company to finance a portion of the costs of the construction and equipping of an approximately 16, 000 square foot building and an approximately 1600 square foot building at the Company' s existing manufacturing facility at 415 Lilac Street, Lino Lakes, Minnesota loo� the "Project" ) . The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the Issuer assign its rights to the basic payments and certain other rights under the Loan Agreement to Norwest Bank Minnesota, National Association in Minneapolis, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of June 1, 1998 (the "Indenture" ) . Payment of the Bonds is initially secured by an irrevocable Letter of Credit to be issued by Norwest Bank Minnesota, National Association in favor of the Trustee in an amount equal to the principal amount of the Bonds plus certain additional interest and premium, if any, thereon. The Bonds are intended to be privately placed with accredited investors by Norwest Bank Minnesota, National Association (the "Placement Agent" ) , pursuant to a Placement Memorandum (the "Memorandum" ) and in accordance with a Bond Placement Agreement among the Issuer, the Company and the Placement Agent (the "Placement Agreement" ) . 3 . Forms of the following documents have been presented to the Issuer and are proposed to be executed by the Issuer in connection with issuance of the Bonds : (a) The Loan Agreement (b) The Indenture (c) The Placement Agreement 921019.2 2 '^ The use of the Memorandum is hereby authorized, but the Issuer has not participated in the preparation of or reviewed, and will not participate in the preparation of or review, the Memorandum and has not made and will not make any independent investigation of the facts and statements provided therein; accordingly, the Issuer assumes no responsibility with respect thereto, including without limitation as to matters relating to the accuracy, completeness or sufficiency of the Memorandum. 4 . It is hereby found, determined and declared that : (a) it is desirable that the Bonds be issued by the Issuer upon the terms set forth in the Indenture; (b) under the provisions of Minnesota Statutes, Section 469 . 162, and as provided in the Loan Agreement and Indenture, the Bonds shall be and constitute only a special and limited revenue obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to the Agreement and the Indenture; the Bonds shall never constitute an indebtedness, a moral or general obligation or a loan of the credit of the Issuer or a charge, lien or encumbrance, legal or equitable, against the Issuer' s property, general credit or taxing powers; and no holder of any Bonds shall ever have the right to compel any exercise by the Issuer of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the interests of the Issuer in the Loan Agreement which have been assigned to the Trustee under the Indenture. 5 . The Loan Agreement, Indenture and Placement Agreement are hereby authorized to be executed in the name and on behalf of the Issuer by the Mayor and City Clerk-Treasurer at such time, if any, as they in their discretion may deem appropriate. Any other documents and certificates necessary in connection with the issuance of the Bonds are similarly authorized to be executed and delivered by the appropriate Issuer officers . 6 . The issuance of the Bonds in the form and upon the terms, including interest rate and maturity, set forth in the Indenture is hereby authorized. The offer of the Placement Agent to place the Bonds for sale with institutional "accredited investors" at par, is hereby accepted. 7 . The officers of the Issuer are authorized to prepare and furnish to the Placement Agent certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts appear from the books and records in the officers ' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein. 921019.2 3 8 . The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Issuer officials authorized herein to execute said documents prior to their execution; and said Issuer officials are hereby authorized to approve said changes on behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof . In the absence of the Mayor or City Clerk-Treasurer, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or Acting City Clerk-Treasurer, re ectively. PASSED AND ADOPTED BY THE C Y C UN IL OF THE CITY OF LINO LAKES, MINNESOTA, THIS 8th D Y 9 M or ATTEST: Cit Clerk Treasurer 921019.2 4 Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - .Z RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR DRAINAGE, UTILITY AND STORMWATER PONDING FROM THE TRUST OF RAYMOND J. MILLER FOR THE WARE ROAD STREET RECONSTRUCTION PROJECT WHEREAS, the Perpetual Easement for drainage, utility and storm water ponding is required to allow for the completion of the Ware Road reconstruction project NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the Perpetual Easement for Drainage, Utility and Storm Water Ponding from the trust of Raymond. J. Miller. 2. To authorize payment for said easement in the a u of $1.00 Adopted by the Lino Lakes City Counci thi ay o Ju e, 1998. A�yb� . Sullivan, Mayor t Marilyn . 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. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on June 8, 1998. J Oahlyn d. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-83 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT -WEST SHADOW LAKE DRIVE CULVERT REPLACEMENT PROJECT WHEREAS,pursuant to an advertisement for bids for the construction of the West Shadow Lake Drive Culvert Replacement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Forest Lake Contracting, Inc. $28,297.00 CCS Contracting $32,154.50 S. R. Weidema $36,892.85 F. F Jedlicki $39,101.00 Ro-So Contracting $39,440.00 AND WHEREAS, it appears that Forest Lake Contracting, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Forest Lake Contracting, Inc., 14777 Lake Drive, Forest Lake MN 55025, in the name of the City of Lino Lakes for the construction of the West Shadow Lake Drive Culvert Replacement Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. West Shadow Lake Culvert Award Page 2 Adopted by the Lino Lakes City Council th 8 da f J 9 8. K er an, Mayor M lyn 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 Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 84 RESOLUTION APPROVING THE INFLOW/INFILTRATION CONTROL PROGRAM LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND LINO LAKES WHEREAS, the Metropolitan Council has allocated funds to the City of Lino Lakes to assist funding a project to reduce inflow and infiltration into the sanitary sewer system, AND WHEREAS, the City of Lino Lakes has implemented a project to reduce inflow and infiltration into the sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. do hereby approve and direct Mayor to sign the Inflow/Infiltration Control Program Loan Agreement between the Metropolitan Council and Lino Lakes Adopted by the Lino Lakes City Council this 8`h of Ju , 1 8. Ki er A.ISIA4an, Mayor Maril n G. A erson, 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- 85 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE OTTER LAKE ROAD REALIGNMENT. WHEREAS, a resolution of the Lino Lakes City Council adopted the 131h day of May, 1996 fixed a date for a Council hearing on the proposed improvement and, WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 10`h day of June, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, pursuant to resolution passed by the City Council the City Engineer ,-� has prepared plans and specifications for the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for the bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that the bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Tuesday, July 21, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, July 27, 1998 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino L k this 8` d y of June, 1998. 4Klirnrl li an, Mayor Marlyn G. Anderson, Clerk-Treasurer The motion for the 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 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 June 8, 1998. Mar'yn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -86 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH ANOKA COUNTY, OTTER LAKE ROAD REALIGNMENT PROJECT WHEREAS, the City of Lino Lakes desires to administer the Otter Lake Road Realignment Project in accordance with the Joint Powers Agreement of Construction of Realigned Otter Lake Road from Cedar Street to Main Street, AND WHEREAS, Minnesota Statute 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 Joint Powers Agreement, Anoka County Contract No. 960537, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to sign n said agreement. Adopted by the Lino Lakes City Council thi*ed Mayor Marlyn 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 duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 87 RESOLUTION APPROVING PAYMENT 1 (final) - LAKES ADDITION SANITARY SEWER REHABILITATION PROJECT WHEREAS, the construction of the Lakes Addition Sanitary Sewer Rehabilitation Project has been completed by Visu-Sewer Clean & Seal, 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 1 (final) in the amount of$84,329.99 is approved for a total contract amount of$84,329.99. Adopted by the City Council this 8th day *Ki 9 / Ilivan, 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, Lyden, Dahl, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. ,.� Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 88 RESOLUTION APPROVING PAYMENT 5 (final) - LAURENE AVENUE LIFT STATION WHEREAS, the construction of the Laurene Avenue Lift Station Project has been completed by Great Western Corporation, 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$1,131.90 is approved for a total contract amount of$56,595.24. Adopted by the City Council this 81h day f 11 98. / Ki e y Su Wan,an, Mayor Ce Ma ilyn 6. 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 declared passed and adopted. CITY COUNCIL WORK SESSION JUNE 15, 1998 CITY OF LINO LAKES MINUTES Staff Members Present: Interim City Administrator, Dave Pecchia; Community Development Director,Brian Wessel; City Engineer, Dave Ahrens; Finance Director, Mary Vaske; Assistant to the City Administrator, Dan Tesch; Parks and Recreation Director, Rick DeGardner, Pete Kluegel, Building Official; Marty Asleson, Environmental Coordinator; Mary Kay Wyland, Planning Coordinator; Al Brixius, Planning Consultant; Jean Viger,Administrative Secretary COMPREHENSIVE PLAN UPDATE Mayor Sullivan apologized for the late start. She stated that Al Brixius and Brian Wessel ^ were present to discuss the Comp Plan Update and answer any questions. She explained that the next step in the comp plan update is to look at any changes that have come out of the last work session and discuss thoughts people have about where we are and the comp plan in general. Al Brixius presented a map showing the current zoning districts with the overlay outlining the MUSA expansion areas, the Greenway Corridors and the projected staging dates. Mike Trehus stated that the city has used valuable resources for the comp plan, one of them being Brauer and Associates. He asked if Brauer had received a copy of the draft and if the city would send a letter asking them to respond to the draft. Mr. Brixius reported that the draft has not changed because he is still receiving comments. Kim stated that all comments regarding the policy plan should be in by Friday, June 19th so that Al can assemble the draft and be ready for the June 25th comp plan meeting. Mayor Sullivan addressed t eh board members that were present. She advised them that if they did not fully understand any portion of the proposed comp plan or had questions about it, to contact their task force representative immediately for clarification. She reminded them that they, as a Board, will be representing the city. Donna Carlson voiced her concern that the citizens did not have enough time to respond with their comments and that there wasn't enough coverage(details) of the comp plan in the Quad Press or anywhere else. Mayor Sullivan responded that she was satisfied with the coverage and believes that the citizens had every opportunity to become involved, attend meetings and respond with any comments or questions. Don Dunn expressed his feelings that Al and the Task Force did get people involved to the extent that citizens were allowed to go to the drawing board and request changes. He believes the opportunity was provided to those citizens who care. Brian Wessel presented a copy of the memo that Al put together for the task force members on May 14th prior the May 21 st meeting. This memo includes the draft of the policy plan. Brian invited everyone who did not get a copy to take one for review. Diana Turner expressed concern about highland as well as lowland being included in the preservation for open space and agricultural land. She added that there is a need for agricultural because organic farming is the future in farming. Mayor Sullivan, at this time, asked for comments from the council about any issues they may have. In discussing economic development goals, John Bergeson related that the city is moving as fast as it can, given the tools authorized by the City Council. To move n any faster would require the City to reevaluate its incentive program for TIF etc. He also spoke of the preservation concept. He stated that we need to start with what already exists after we set aside the Anoka County Park and all of the wetlands. We must make wise decisions in light of what is left. John also commented that the Environmental Focus Committee seems to have a concept of what is environmentally important and now we must make decisions of what is most important. He stated that environmental protection is not the sole responsibility of the city. John commented that there was a lot of input in the comp plan and the majority has come up with an acceptable plan which he is willing to support. Mayor Sullivan touched briefly on the issue of consensus. She stated that sometimes if you can't agree with the majority and you are not part of the solution, you must step back and look at the overall picture and let majority rule. She also shared some of her thoughts about the Anoka County Regional Park. She said that people talk about the Park and the fact that half of our city is made up of parks. We have to understand what that means as taxable purposes. If we were 33 square miles of upland we would have a different tax basis that we could use than we have now- 50%of what we could have, we don't. She goes on record as saying that she does not consider the Anoka County Park open space because of the way we have developed around the lakes. We have a bunch of lake property homeowners who can enjoy that. We have no other access so it is not an amenity to the rest of us. ^ Mayor Sullivan feels there are questionable areas in the transportation plan. She also wants everyone to be clear that this is the policy plan and that all details are not completed so if there are any questions or concerns please contact Al. Council Member Caroline Dahl expressed that she also has concerns with the transportation plan,that industrial/commercial is her number one priority with residential being second. She is worried that a 15%tax base is not enough. She thinks that it is important to preserve green space and encourages agricultural and rural spaces. She feels it is mandatory to put in place an ordinance to protect this, right along with the comp plan. She reminded everyone that growth has always been an issue for her-that she is for slow growth. Mayor Sullivan responded that there may be consequences with slow growth and that we need to find a balance. Council Member Lyden stated that he will be submitting his comments and concerns in writing by the June 25th Comp Plan meeting. Council Member Bergeson had questions about cluster housing. He asked Al if he had talked to other cities to get there input on the concept of cluster housing. Al will discuss this at the June 25th meeting. REGULAR WORK SESSION MUSA POLICY Brian distributed a handout updating the MUSA reserve criteria. He stated that if there were any questions regarding the policy he was here to answer them. Mayor Sullivan had questions and concerns about MUSA and Linda Avenue. She stated that when something regarding MUSA comes up council needs policy to fall back on and we need to follow that policy. She told Brian that council would review the policy and come back with any questions. Council Member Lyden asked whether the policy states a 4/5's vote is not needed for MUSA bank. Alan Brixius replied that a 4/5's vote is not needed for the Interim MUSA Reserve (MUSA Bank). Mayor Sullivan asked Brian to review policy and Linda Avenue issue and report back to council VARIANCE REQUEST, PAUL MUNOZ Mary Kay reported that Mr. Munoz lives at the corner of Ash Street and Baldwin Lake Road. As a result of widening Ash Street Mr. Munoz has lost approximately seventeen feet of property and has requested a variance to install a 6"high fence in his front yard. Our ordinance allows for a 4"high fence. Mayor Sullivan asked if the requirements of the ordinance have been met and would the two feet make a substantial difference. Mary Kay replied that this is a unique situation and that Mr. Munoz has literally no front yard. The Mayor questioned whether this was unique or has this happened all along Ash Street. Council Member Bergeson responded that there may be a few homes in this situation but certainly not every house. Many homes are set back on there lots. VARIANCE REQUEST, JAMES BRANDL Mary Kay reported that Mr. Brandl is requesting a variance to allow the construction of a detached garage 19' from the property line. The ordinance requires a set back of 30". Mr. Brandl removed his barn and then discovered he needed a variance to rebuild. Mayor Sullivan asked if the barn could be located anywhere on the property and be within the guidelines. Mary Kay stated that it could be moved closer to the house but that he did not want it any closer. Mayor Sullivan stated she is not convinced that this is a unique situation beyond the ,.� control of the homeowner and that he may come to the council and plead his case. HOLLY ESTATES, PRELIMINARY PLAT & PUBLIC HEARING FOR PDO Al Brixius reported that K.C. Development has applied for plat approval for Holly Estates. Al explained that four of the 11 lots are not in compliance with the required R- 1 X standards. Mr. Lund asked for approval of the plat with 11 lots. Mayor Sullivan asked him to take a good look at the plat and be prepared to come to council with all lots in compliance with the set standards. CONCEPT PLAN, FUTURE PDO FOR SHOPPING CENTER NE CORNER OF 1-35W & LAKE DRIVE Brian handed out the information memo prepared by NAC in which JADT requested PDO concept plan for the proposed retail commercial development at the corner of I-35W and Lake Drive. He explained that this will be our first shopping center and it is both important and exciting. He also informed council that the developer would be at Monday's council meeting to give a presentation. 'O*N 1999 GENERAL FUND BUDGET Mary Vaske reported that the city is starting the 1999 budget and would like the council budget requests up front. Per city charter, she quoted, "a schedule is to be adopted by city council". She stated that the schedule is attached and reminded council that blue sheets are due on July 6th. She also told council that the city has tentatively set the all day budget meeting for August 6th at a place yet to be determined. She asked council to look over the budget carefully and reminded them that State Statute requires proposed budget set by September 15. CONTROLLED SEPTEMBER GOOSE HUNT AT CHOMONIX Dave Pecchia reported the county has approved the goose hunt for this September athe the Chomonix Golf Course. CONSIDER HAY STUDY Mayor Sullivan stated that in her opinion the process did not work, the timing was bad and does not reflect an appropriate job rating. For that reason she is not willing to do anything other than accept the study and proposed that council accept the Hay Study at Monday's meeting. _ REGULAR AGENDA EDA Brian Wessel reported that Jerry Shannon will be at the Monday night council to give the presentation- consideration of Resolution No. 98-02 awarding sale of Lease Revenue Bonds (Civic Complex). ADMINISTRATION DEPARTMENT REPORT Dan Tesch reported that the city updated the Expense Reimbursement Policy and adoption will be considered at Monday's meeting. PARKS AND RECREATION DEPT REPORT Rick DeGardner reported that he would be presenting the bids for the Playground Equipment Structures at Monday's meeting. He also informed council that Tim Anderson resigned only weeks after his hire to take a position at Ramsey County Parks & Recreation and recommended council approve Steve Gilbertson as the new Parks and Recreation Maintenance worker. NEW BUSINESS Dave Pecchia reminded council to be aware of the date on minutes they will receive in their packets. Marilyn is "catching up" on minutes from the past few years. He also y q reported Andy Neal received a$300 donation from the VFW for bicycles that were destroyed in the May storm. Council Member Bergeson would like to discuss the Lake Reshanau trail issue at a future work session. The meeting was adjourned at 9:40 p.m. Transcribed by Jean Viger Administrative Secretary These minutes were considered, corrected and approved at a regular meeting of the City Council on July 27, 1998 Marilyn G. *Kie derson, City ClerkA. llivan, Mayor COUNCIL MINUTES JUNE 22, 1998 n CITY OF LINO LAKES MINUTES DATE : June 22, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 9:05 P.M. MEMBERS PRESENT : Lyden, Dahl, and Mayor Sullivan MEMBERS ABSENT : Bergeson,Neal Staff members present: Assistant City Administrator, Dan Tesch; Finance Director, Mary Vaske; Environmental and Forestry Coordinator, Marty Asleson; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director,Rick DeGardner; Building Official, Pete Kluegel; Planning Consultant, Alan Brixius; and City Clerk Marilyn Anderson SETTING THE AGENDA Mr. Tesch stated item l0A and 1 OB have been removed from the Agenda. Ms. Wyland stated item 5A has been removed from the Agenda. Mr. Ahrens stated item 7B has been removed from the Agenda. The amended Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: June 3, 1998 Approved June 8, 1998 Approved DISBURSEMENTS: June 22, 1998 (Check No. 51032 - 51161, $454,439.03) Approved 1 COUNCIL MINUTES JUNE 22, 1998 Mayor Sullivan stated that she is very proud and excited about the City of Lino Lakes. She and other staff attended the League of Minnesota Cities Conference last week. The City has waited a long time for commercial development but is far ahead of other cities with regard to how the commercial development is being handled. The City of Lino Lakes won a$500 gift certificate for the City to spend any way it would like. Also,there are new employment opportunities within the City of Lino Lakes listed at the Lino Lakes Convenience Center. Mayor Sullivan explained that Lino Lakes is participating with other cities in a request for Federal funding to help finance the public clean up due to the May 15, 1998 tornado/storm. Individual residents will not qualify for Federal funding as insurance covered most damages. Mayor Sullivan indicated the City has received many calls regarding the upgrades to Birch Street. She stated that Birch Street is a County road and the decision to upgrade was made by the County. Changes will not occur on that street until the year 2015. If any resident has questions regarding this matter,they can call city hall. Mayor Sullivan announced that on Friday, June 19, 1998,the City's bond rating upgraded from a BAA to A3. The increase in the rating is important as the City will receive a better interest rate when bonding for City projects. She thanked all staff involved with the upgrade. Mayor Sullivan reminded those present of the guidelines for audience participation in City Council Meetings, emphasizing the need for respectful dialog. OPEN MIKE Mr. Bob Nelson, 6733 East Shadow Lake Drive, came forward and expressed concern regarding an article in the Quad newspaper regarding the placement of a fence on the north end of the Reshanau Lake. Mayor Sullivan noted this issue has not yet come before Council. Mr.Nelson stated that he would like to make some comments regarding the proposed fence. He provided the following background on the matter. A trail/road around the north end of Reshanau Lake can be documented beginning in the early 1940's. Mr.Nelson said that once an area has been in public use for seven(7) years,that area can continue to be used by the public. He also explained that the trail on the north end of the lake is a well used trail. The trail has never been cut off in the past and felt the City should take possession of the trail for the common good of the people. Mr. Nelson said that he understood the issue of liability but this could be resolved if a trail corridor could be obtained by the City. Mayor Sullivan stated that this issue would be discussed at a Council work session. Council Member Lyden indicated he agreed with Mr.Nelson. 2 COUNCIL MINUTES JUNE 22, 1998 Mr. Alan Klimek, 1390 Karth Road,explained that he had come to city hall to pick up his refund check for SAC charges he paid with his building permit. He stated he would not be able to get his check after the City Council had approved the check on July 13, 1998. He also indicated that he was going to be paid interest on the SAC charge beginning in 1991 and not to the date the SAC was paid. Mr. Klimek was informed that the money was held at the Metropolitan Council until 1991 when it was refunded to the City without interest. He then call the Metropolitan Council and asked why they did not refund interest to the City. The Metropolitan Council indicated that the City had not asked for the interest. Mr. Klimek indicated that he was unhappy with this as the City was representing him. He then stated that he wanted all the interest on the $425.00 SAC that he paid which he felt would bring the total refund to around$800.00. Mr. Klimek asked why he was not on the disbursement list so that he could get his check. Mr. Klimek asked why the City was hiring a new City Administrator. He stated that there is no checks and balances system set up for a City Administrator. Mr. Klimek apologized to the City secretary. He stated that she had to answer the phone and deal with customers. He said that all public city employees need to be represented by an agency. All terms and conditions have to be negotiated with Council. He encouraged City employees to get a copy of the state law,which is also governed by the Federal Government. Mayor Sullivan stated that a checks and balances system is being put together for the new City .-� Administrator. Regarding interest for the SAC refund, she stated she understood the City was unable to get interest back to the initial date. She asked to table this item and have staff investigate to determine why interest was not included in the refund to the City. Regarding the refund check,the wait is currently two (2) weeks as all disbursements have to be approved by Council. The City is considering changing the waiting period to one week. Council Member Lyden suggested Mr. Klimek be told when he when will receive his check. Mayor Sullivan stated that Mr. Klimek should bring the card he received in the mail to city hall tomorrow morning. He could then pick up his check on Friday, June 26, 1998. Mr. Klimek asked why his check would not be ready tomorrow. He indicated he has already waited one week for his check. Mayor Sullivan explained that the process for check refunds takes time. There were over 800 people affected by the refund. She stated she feels the City can issue checks every week as opposed to every two (2) weeks. She stated that if Mr. Klimek felt he had extenuating circumstances, he should let Ms. Vaske know and she will issue the check in the morning. Mr. Klimek stated that he has a lot of confidence in the City Council. He thanked the Council for their time. FISCAL AGENT REPORT,JERRY SHANNON, SPRINGSTED,INC. AOIN COUNCIL MINUTES NNE 22, 1998 Consideration of Resolution No. 98 -98,Awarding Sale of$4,310,000 General Obligation Improvement Bonds, 1998A-Mr. Shannon stated that the Council approved the issuance of the bonds in May, 1998. Three (3) bids were received for the bonds with the low bid from Piper, Jaffrey, Inc., and Norwest Investment Services at a cost of$1,942,025 with a net interest of 4.77%. Mayor Sullivan asked what the upgrade on bonding meant to the City. Mr. Shannon stated that the City will save interest because the security of the issuer is greater than in the past. The increased rating together with a favorable bond market resulted in favorable bids on the bonds. Council Member Lyden moved to adopt Resolution No. 98 - 98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 98 can be found in the 1998 Resolution file. Consideration of Resolution No. 98-99,Awarding Sale of$2,000,000 General Obligation Improvement Bonds, 1998B-Mr. Shannon stated that three(3)bids were received for the bonds with the low bid from Piper, Jaffrey, Inc., and Norwest Investment Services at a cost of $967,571. 25 with a net interest of 5.80%. Council Member Lyden moved to adopt Resolution No. 98 - 99, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 99 can be found in the 1998 Resolution File. Consideration of Resolution No. 98 - 100,Authorizing Execution and Delivery of Ground Lease and Lease Purchase Agreement with the Economic Development Authority(EDA). Approving Issuance of Lease Revenue Bonds and Execution of Related Documents-Mr. Shannon stated that the EDA has issued bonds for the Civic Complex. The City will lease the buildings from the EDA and in turn, lease the land to the EDA. A motion is required to authorize execution of the documents to complete the matter.. Council Member Lyden moved to adopt Resolution No. 98 - 100, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 100 can be found at the end of these minutes. Mr. Shannon thanked the City Council for allowing him to work with the City again. He said he wanted to thank the staff, Mary Vaske in particular, for her hard work on this issue and noted that she should be commended. The EDA staff and all of the other staff pitched in to provide answers and rapid responses. Mr. Shannon explained that Moody's Rating Service indicated that they were very comfortable with the Staff that they talked to. 4 COUNCIL MINUTES JUNE 22, 1998 FINANCE DEPARTMENT REPORT,MARY VASKE Consideration of Resolution No. 98 - 101,Adopting 1999 Budget Schedule Per the City Charter-Ms. Vaske explained that Section 7.04, Subdivision 1, of the City Charter reads that a Budget calendar must be adopted by resolution. She referred to a schedule that outlines the dates for various steps in the budget process. The Truth in Taxation dates will not be available until later in the Fall, as they are dependent on other jurisdictions (Anoka County, Schools, etc.) Ms. Vaske noted on that August 6, 1998,the City Council will spend the entire day listening to budget presentations from each department. She asked the Council to check their calendars for availability on that day. Council Member Dahl moved to approve Resolution No. 98 - 101, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Sullivan asked Ms. Vaske to make sure Mr. Paul Montain, Charter Commission Chairman,receives a copy of the Budget Schedule. Resolution No. 98 - 101 can be found at the end of these minutes. ADMINISTRATION DEPARTMENT REPORT,DAN TESCH Consideration of Resolution No. 98 -96,Adoption of Expense Reimbursement Policy-Mr. Tesch stated he is requesting that City update the Expense Reimbursement Policy. He noted the major difference is the increase of the per diem by$15, and generally cleans up the policy in terms of advances and returning excess funds to the City in a timely manner. Mayor Sullivan suggested several changes. Regarding Meals, "suggested" should be removed. She asked if the expense form requires supervisor approval and receipts. Mr. Tesch indicated that it does. She stated that the City Administrator expenses should be subject to Council approval. Council Member Lyden moved to adopt Resolution No. 98 - 96, with the above additions. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 96 can be found at the end of these minutes. Consideration of Resolution No. 98 -97, Code of Conduct- Mr. Tesch referred to the Code of Conduct, which can be found in Chapter 214 of the City Code. He stated that he believes this Code should be added to the Personnel Policy(as Section 8.01) as it relates directly to employees, and most employees do not read the City Code on a regular basis. Each new employee will be required to read the Code of Conduct and sign a statement of acknowledgment. Current employees will be required to sign an acknowledgment at their midterm review. 5 COUNCIL MINUTES JUNE 22, 1998 Mayor Sullivan asked if it was necessary to put the Code of Conduct in the Personnel Policy as it is in the City Code. She expressed concern regarding the process of changing both the documents if it is duplicated. She indicated the City Code should be the bottom line. Mr. Tesch stated that he can reference the two (2)documents. The City Code will be the bottom line regarding employee conduct. Council Member Dahl moved to approve Resolution No. 98 - 97, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 97 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT,BRIAN WESSELIMARY KAY WYLAND Variance Request,Paul Munoz,55 Ash Street-Upon adoption of the Agenda,this item was removed. Variance Request,James Brandt,7057 Rice Lake Court-Ms. Wyland stated that Mr. James Brandl, 7057 Rice Lake Court, is requesting a variance to allow the construction of a 32 x 28 detached garage with a setback of 19 feet from the property line. The Zoning Ordinance requires a setback of 30 feet,therefore,the variance requested is for 11 feet. Mr. Brandl's property is located on the corner of Rice Lake Land and Rice Lake Court. The proposed garage will face Rice Lake Court. This particular roadway has a slight curve,therefore,the varied setback is as indicated on the site plan. Mr. Brandl plans to construct this garage in line with his existing home, however, due to the curve in the road, the same setback as the home can not be maintained. He is prohibited from moving the proposed structure toward the back yard due to a large drainage easement and retaining wall. Ms. Wyland stated that Mr. Brandl has recently removed two (2) structures from his property, a 24 x 24 car port and a 12 x 20 barn which was located in the same position as the proposed new garage. The total square footage proposed will be within the requirements of the Zoning Ordinance as will the number of accessory buildings allowed. Ms. Wyland noted that the Planning and Zoning Board reviewed this item at their June 10, 1998, meeting and recommended approval of the variance as requested as it meets the criteria established in the Zoning Ordinance. Mr. Brandl came forward and presented a picture of his property and proposed location of the garage. He stated that he has lived on the property for 12 years. He further stated he would like to be able to store his boat,trailer, and car under cover. Mayor Sullivan stated that she visited Mr. Brandl's property. She verified with Mr. Brandl the proposed location of the garage. 6 COUNCIL MINUTES JUNE 22, 1998 Council Member Lyden asked Mr. Brandl about his neighbors. Mr. Brandl indicated his closest neighbor is across the street. He stated that his neighbor has no problem with the proposed garage. Mayor Sullivan stated that because of all the wetland to the south of Mr. Brandl's property,this is a unique situation. She stated that there is not another lot formation like this in the City. Council Member Lyden moved to approve the variance as requested. Council Member Dahl seconded the motion. Motion carried unanimously. Public Hearing, Holly Estates, 1101 Holly Drive,Planned Development Overlay (4/5th Vote),Preliminary Plat-Mr. Brixius explained that K.C. Development Corporation has requested preliminary plat approval for an 11 lot single family subdivision entitled Holly Estates. The subject five(5)acre site lies west of 12th Avenue, and north of Holly Drive. The site is zoned R-lX, Single Family Executive Residential District. The preliminary plat was reviewed at the June 10, 1998, Planning and Zoning Board meeting. The applicant had requested a Planned Development Overlay(PDO) to allow a degree of design flexibility within the subdivision. The Planning and Zoning Board recommended denial of the PDO request on the grounds that it does not meet the requirements. The Planning and Zoning Board recommended approval of the preliminary plat with the R-1X requirement(10 lots)and stated conditions. ,•� Mr. Brixius stated that he received a revised site plan providing 10 lots which appear to meet the R-1 X Zoning requirements. All lots meet or exceed R-1 X requirements and the Planning and Zoning Board conditions. If a PDO is to be considered a 4/5th Council vote is required to grant approval. If action is to be made on a 10 lot preliminary plat, a 3/5th vote is required for approval. Council Member Lyden asked for verification regarding trail placement. Mr. Brixius stated trails will be developed on the north side of Holly Drive. Mayor Sullivan clarified that if a PDO for 11 lots is to be considered, this item must be tabled. Approval can be made on the 10 lot preliminary plat this evening. Mayor Sullivan opened the public hearing at 7:25 p.m. Mayor Sullivan closed the public hearing at 7:26 p.m. Council Member Lyden moved to approve the revised 10 lot preliminary plat with the R-1X requirements. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Lyden moved to deny the PDO request. Council Member Dahl seconded the motion. Motion carried unanimously. 10�*N Concept Plan for Shopping Center, Lake Center Partners, l-35W and Lake Drive-Mr. Wessel stated that the Planning and Zoning Board held a public hearing on June 10, 1998, for a 7 COUNCIL MINUTES JUNE 22, 1998 •�'� Planned Development Overlay for a shopping center at I-35W and Lake Drive. After much discussion,the Board indicated their approval of the shopping center concept with the understanding that revised plans and additional detail will be provided as development proceeded. The action tonight is to review the concept plan and obtain general consensus from the Council. Additional public hearings and detailed review of specific site plans will occur as development proceeds. Mr. Wessel explained that JADT Development Group, LLC, is requesting a planned development overly concept plan approval for a 144,500 square foot retail commercial development to the east and south of Lake Drive and 77th Street. The proposed development is to be a mix of retail, restaurant, and other commercial uses (i.e.,bank)within 11 buildings for the first phase of the development. A second phase is intended to occur to the ease of Phase I, although no plans have been formalized for that portion of development. The approximate 28.5 acre parcel is zoned SC, Shopping Center District. Mr. Tim Baylor, developer,came forward and stated that it has been a pleasure to work with the City staff of Lino Lakes. When the project began,they were just looking for a site for anew McDonald's store. The vision of Lino Lakes is much broader than anticipated. The group that has been appointed to put this project together is top quality. He stated that he believes the project is in the best interest of the City. The timing is good in regard to the growth potential of the City. Mr. Baylor stated that interest from retailers and developers is already being generated ,•� on this project. He noted that a civil firm had just been hired to assist in this project. Mr. Ron Krank, K. K. Architects, came forward and briefly discussed the architectural design of the project. He stated that K. K. Architects has much expertise in the design of shopping centers. Other projects they have developed include: Tamarack Village, Woodbury Village, Mall of America, Golden Valley Commons, McDonald's at Southtown Center, and the McDonald's at Miracle Mile Center. Mr. Krank stated that the project does include good visuals,traffic constraints, and the City vision of I-35W south. He indicated that the site layout with current road configuration led to dialog for the retail interest. Mr. Krank went over sketches for the proposed project. JDAT Development Group is proposing a large retail building with smaller shops that will include a grocery store, restaurant,bank, gas station, and drug store. They are proposing a series of small parking lots with common lighting and landscaping. Mr. Krank explained that the next step is to take the project to the market. The developers must take the concept to large retailers and test the concept. They will proceed with the next step if approval of the concept plan is received from the Council. Mr. Brixius stated that this is a very rough concept plan. A PDO will be necessary for flexibility. 1'01N He briefly went over the Issues Analysis of the concept plan. He stated that he recommends 8 COUNCIL MINUTES JUNE 22, 1998 approval of the concept plan and that the applicant be directed to address the following issues prior to submission of a development plan application: I. Redesign of the site plan in consideration of the following factors: * Cluster stand alone buildings around shared parking lots. * Reduce the number of access to the Apollo Drive extension. * Consideration for the location of a proposed village bridge. * Provide at minimum one loading area per structure. * Provide sufficient stacking space and a by-pass lane in association with proposed drive through. * Provide right-in only from Apollo Drive extension to loading area on north side of 72,000 square foot structure with access to Apollo Drive near Lake Drive intersection via a defined access road. * Include more pedestrian circulation opportunities throughout the �.� development. * Provide a 50 feet principal building setback from Apollo Drive. 2. Resolve location of Apollo Drive/77th Street intersection. 3. Accesses to development from Lake Drive should compliment interior site circulation. 4. Reduce parking stall supply to_a number more approximate to the estimated parking stall requirement outlined herein. 5. Explore alternative options for reducing the number of required parking stalls and methods of construction as suggested by the Environmental Review Board. 6. Indicate provision of significant landscaping along north property line of Phase I to screen loading areas of the 72,000 square foot building. 7. Address the infiltration issues identified by the Environmental Review Board. 8. Coordinate a tree preservation plan with the City Forester. 9. Comments of other City Staff. 9 COUNCIL MINUTES JUNE 22, 1998 Council Member Lyden asked about the role of 77th Street regarding the traffic pattern. Mr. Brixius stated that Apollo Drive will be desired main access. Minor access to the site will be from 77th Street. He stated he was unsure if 77th Street will become a signaled intersection. There is a possibility of one of these streets becoming a dead end. Mr. Wessel stated that two residents who live on Carol Drive have expressed concerns regarding the projects impact on Carol Drive and its residents. Ms. Ann Iota, who is not present, sent a letter suggesting the possibility of a cul-de-sac on the south end of Carol Drive eliminating direct access from 77th Street. Mr. Wessel stated that he forwarded the suggestion to the City Engineer. Council Member Lyden asked what type of a buffer is currently in place. Mr. Brixius stated that the shopping center runs up to 77th Street. If it becomes commercial there will have to be a set back. There is the option of having some type off elderly housing for the residential transition. Council Member Lyden stated that he likes the concept. He expressed concern regarding a buffer off of Lake Drive. He asked if 35,000 square foot plus an additional 10,000 square foot was a Cub or Rainbow food store. Mr. Brixius indicated that the Planning and Zoning Board did not think 45,000 square feet is large enough for a grocery store. Council Member Lyden noted that the development should be done right the first time. He asked �-� if they can guarantee success of this grocery store by adequate zoning. Mr. Wessel stated that everyone involved in the project wants the retailers to succeed. He noted this is just a concept plan. Mr. Krank stated that a larger grocery store is more viable financially. The developer will do everything they can to provide information regarding the Lino Lakes community. Market research has shown that the market would support a grocery store of this size. Mr. Krank indicated that the research will possibly be shared with the Council. The developer does understand that markets do change. Generally,they are asked to set aside space for expansion. The prototype for this grocery store is 35,000 square foot. Mayor Sullivan asked if there is a better location for a grocery store according to the Comprehensive Plan. Mr. Wessel stated that this is the only shopping center zoned in the community. The Comprehensive Plan does not indicate another commercial zone in the City. Mayor Sullivan stated that this project would be tremendous for the City of Lino Lakes. This would be the first large commercial development. She stated that the project is very exciting for the City and the City's residents. The life of a commercial center is approximately seven(7) years. She stated this project would be in use much longer. Mayor Sullivan suggested the possibility of a conservative sign for the McDonald's store. She stated she would like to see more buffer. She asked the developer to be tolerant when working with the City. She supported Council Member Lyden's concerns regarding the residents on 77th Street. She encouraged native landscaping. Mayor Sullivan stated that she appreciates the attitude and approach taken by the developer. 10 COUNCIL MINUTES JUNE 22, 1998 n Mayor Sullivan moved to accept the preliminary Concept Plan, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Comprehensive Plan Update-Mr. Brixius announced that the next Comprehensive Task Force meeting is June 25, 1998. There will be an open discussion regarding the policy plan. Mr. Brixius stated that after the last work session meeting,the City was overwhelmed with calls from residents not in favor of the Birch Street improvements. He stated that he will share those comments from the residents at the Comprehensive Task Force meeting. Mr. Brixius invited those present to attend the meeting. PARKS AND RECREATION DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 98 -95,Accepting Donation from the Circle-Lex Lions Club -Mr. DeGardner stated that the Circle-Lex Lions Club donated $1,000 to the Lino Lakes Parks and Recreation Department to continue their support of the National Youth Sports coaches Association. The Circle-Lex Lions has supported the youth sports coaching certification program for the past several years. Mr. DeGardner explained that the Lino Lakes Parks and Recreation Department certifies around 200 coaches per year. The coach's clinics are held for Centennial Little League, Centennial Baseball, the Lino Lakes program coaches and other associations that wish to have their coaches certified. Mr. DeGardner stated that this donation will cover half of the certification fee of$15.00 per person. The associations cover the other portion of the certification fee. Mayor Sullivan stated that the Circle-Lex Lions Club contributes a lot to the City and she appreciates all they do. Council Member Dahl moved to adopt Resolution No. 98 - 95, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 95 can be found at the end of these minutes. Consideration of Accepting 1998 Park Board Goals and Authorize Expenditure of Park Dedication Funds -Mr. DeGardner referred to a list of the 1998 Park Board Goals and Priorities. The list includes the installation of playground equipment at Birch Park, Shenandoah Park, and Lino Park, trails in Rice Lake Estates Park and Birchwood Acres Park, and some minor improvements at County Lakes Park, including a sand volleyball court, horseshoes, and BBQ grills. Mr. DeGardner stated that Pheasant Hills Park will be completed based upon the existing master 101N plan. He indicated he met with residents of the Pheasant Hills Park area and the residents were in agreement to complete the park as planned. 11 COUNCIL MINUTES DUNE 22, 1998 Mr. DeGardner noted the Parks and Recreation Department is planning on master planning the Behm's Century Farm Park and the Marshan Park. Mr. DeGardner requested the Council to authorize the expenditure of dedicated funds identified in the right hand funding source column. Mayor Sullivan stated that the Parks and Recreation Department has done a great job spending money in accordance with their Comprehensive Park Plan. Many residents have called the City thanking them for the additions in the parks. Council Member Lyden moved to approve the 1998 Park Board Goals and authorize staff to expend funds from the Park Dedication Fund in the approximate dollar amount listed. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Receipt of Bids and Authorization to Award Bids for Playground Equipment Structures -Mr. DeGardner explained that on Tuesday, June 12, 1998, at 10:00 a.m.,bids were opened for the 1998 playground equipment projects. There were five (5) companies submitting proposals for the three (3)playground sites being upgraded this year. On Thursday, June 11 through Tuesday, June 16, 1998, all of the playground equipment proposals were on display at the Parks and Recreation Building. Neighborhood residents and Park Board Members were invited to review the proposals,make comments, and provide input on the selection of the projects. Mr. DeGardner recommended award of the following park projects: Lino Park Minnesota/Wisconsin Playground, Inc. $30,000 (Game Time) Birch Park Minnesota/Wisconsin Playground, Inc. $30,000 (Game time) Shenandoah Park Flanagan Sales, Inc. $27,600 (Little Tikes) Mr. DeGardner stated that he believes the above vendors offered the City the best package of playground equipment for the City's money. Play equipment evaluations are based on a number of factors including: equipment quality, safety considerations, aesthetic appeal,the play experience provided, and installation experience. Council Member Lyden expressed concern regarding the safety at the end of the slide. Mr. DeGardner explained that the City uses 12 inch pea gravel and it is inspected weekly. Aloft" Mayor Sullivan commended Mr. DeGardner for the process used for evaluation of the play equipment. 12 COUNCIL MINUTES JUNE 22, 1998 Council Member Dahl moved to approve the bids on the playground equipment projects and award the contracts to the vendors listed. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resignation of General Park Maintenance Worker,Tim Anderson-Mr. DeGardner stated the Mr. Tim Anderson, General Park Maintenance worker,has resigned effective June 9, 1998. Mr. Anderson was offered an attractive salary increase and change of job duties from his previous employer. Mr. Anderson felt it was a tremendous opportunity for him and accepted the new position for Ramsey County Parks and Recreation. Council Member Lyden moved to accept the resignation of Mr. Tim Anderson effective immediately. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Authorization to Hire General Park Maintenance Position, Steve Gilbertson - Mr. DeGardner stated that Mr. Steve Gilbertson was involved in the application process last month for the General Park Maintenance worker. Mr. Gilbertson was rated very well by both interview panels and on his written test. Mr. Gilbertson has been an employee of the Parks and Recreation Department since August, 1994,primarily in the Park Maintenance Division. He has a variety of experience including athletic field maintenance, masonry,playground assembly, fence repair, irrigation repair, and has operated various equipment in a dependable fashion. Prior to Mr. Gilbertson's employment with the City of Lino Lakes, he was involved in landscaping and lawn maintenance since 1985. Mr. DeGardner recommended that the vacant General Park Maintenance Position be offered to Mr. Steve Gilbertson effective June 24, 1998, contingent upon no internal applicants notifying Mr. Tesch by June 23, 1998. Council Member Dahl moved to approve Mr. Gilbertson as General Park Maintenance worker, contingent upon no internal applicants notifying Mr. Tesch by June 23, 1998. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Public Hearing,Apollo Drive, Phase 3 - Mr. Ahrens stated that the City is proposing the construction of Apollo Drive, Phase 3, Street Improvements. A feasibility report was prepared for the City by SEH and received by the City Council on May 11, 1998. Mr. Ahrens explained that the proposed improvements involve the extension of Apollo Drive from the existing northerly termination point at Lilac Street to the north and east approximately 1,380 feet to Lake Drive. The improvements will also require reconstruction of approximately 200 lineal feet of the existing Apollo Drive south of Lilac Street,to allow for the required transition to superelevation through the curve north of Lilac Street. The project is located in the south half of Section 8, Township 31N, Range 22W and the north half of Section 17, Township 31N, Range 22W, in the City of Lino Lakes, County of Anoka, State of Minnesota. 13 COUNCIL MINUTES JUNE 22, 1998 Mr. Ahrens stated that due to the close proximity of the proposed Apollo Drive/Lake Drive intersection to the existing Lilac Street/Lake Drive intersection and the resulting traffic safety concerns, it is proposed to eliminate the existing Lilac Street/Lake Drive intersection. Also included in the proposed improvements is the installation of storm sewer to handle area storm water drainage and a regional retention and detention pond. The regional pond would be designed for Apollo Drive and all development next to the proposed street. It is anticipated that, prior to this project,trunk sanitary sewer and water main will be constructed through this area as part of the Lake Drive trunk system project, which was previously ordered by the City Council. Mr. Ahrens stated that the estimated project cost is$526,584. The City will pay for the project through special assessments following the Lino Lakes improvement policy and County funds through a Joint Powers Agreement. Interim funding will come from the City's Area and Unit Fund. Local funds would be required for a portion of the storm sewer costs. For the local share, it is proposed to levy street and storm sewer assessments to the benefiting properties. Estimated completion of the project is October 9, 1998. Mr. Dave Hahn, a representative from SEH, came forward and briefly went over the feasibility report. He also went over a map showing the location of the proposed construction. Mayor Sullivan asked if a 10 ton axle weight limit is a large enough capacity for Molin traffic. Mr. Hahn indicated that a 10 ton axle weight restriction is standard. Mayor Sullivan opened the public hearing at 8:29 p.m. Ms. Peggy Ormon, a property owner on Lilac Street, came forward and asked for a time frame regarding the project. She stated that she has not been given any direction from the City regarding a time frame for vacating her property. She expressed concern regarding school enrollment in the fall. Mayor Sullivan stated that the City needs to work directly with Ms. Ormon regarding her concern. Mr. Hahn stated that the project schedule is indicated in the feasibility report. Mayor Sullivan asked if the schedule is accurate. Mr. Ahrens stated that construction will begin August 24, 1998. Mayor Sullivan asked when Ms. Ormon will specifically have to move. Mr. Ahrens stated that property owners were asked to move 90 days from the first part of June, 1998. 14 COUNCIL MINUTES JUNE 22, 1998 Mr. Hawkins stated that letters were sent out last week to the property owners. Ms. Ormon indicated she has not received a letter regarding an offer and move out date. Mr. Hawkins indicated the move out date is September 12, 1998. Ms. Ormon asked is the move out date stands if an agreement is not made on the purchase price of her property. Ms. Hawkins indicated that the move out date will stand. The project schedule requires the City to be in possession of the property by September 12, 1998, if not earlier. Mayor Sullivan asked Mr. Ahrens to meet with Ms. Ormon after the meeting to address her concern immediately. Council Member Lyden moved to close the public hearing at 8:35 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98-89,Order Improvement and Preparation of Plans and Specifications,Apollo Drive, Phase 3, Street Improvements -Upon adoption of the Agenda, this item was removed. Consideration of Resolution No. 98-90,Approve Plans and Specifications and Authorize Advertisement for Bids,Lake Drive Trunk Utility Project-Mr. Ahrens stated that the City is proposing the construction of trunk sanitary sewer and water main adjacent to Lake Drive. A feasibility report was prepared for the City by SEH and received by the City Council on June 9, 1997. A public hearing was held on August 11, 1997, for the improvements. The Council then ordered the preparation of plans and specifications for the project. Council action is required to order the advertisement to receive bids. Mr. Ahrens explained that City sanitary sewer and water main does not exist in the vicinity of Lake Drive north of Lilac Drive at this time. The extension of these trunk utilities will provide future lateral extensions to this area of the City. The residents in this area are currently using private wells and septic systems. A neighborhood meeting was held on May 12, 1998. Mr. Ahrens stated that the public hearing considered the extension of trunk sanitary sewer and water main from Lilac Drive at Apollo Drive and extending northerly adjacent to Lake Drive to 79th Street and extending westerly on 79th Street approximately 950 feet. The trunk utilities proposed for construction at this time will extend from Lilac Drive at Apollo Drive northerly adjacent to Lake Drive and terminate approximately 600 feet north of 77th Street(between the driveway entrances to the police station and the southerly fire department entrance). Sanitary sewer and water services are proposed to be extended to all properties adjacent to the trunk facilities. Lateral extensions are provided at 77th Street for future extension. Mr. Ahrens noted that easement acquisition is currently being negotiated and is expected to be complete by the time bids are received. 15 COUNCIL MINUTES JUNE 22, 1998 s-� The total estimated project cost is $1,022,000. The City will pay for the project through special assessments following Lino Lakes Improvement Policy. Special assessments will be received when service connections are made. Interim funding will come from the City's Area and Unit Fund. Estimated construction completion is September 30, 1998. Mayor Sullivan asked if MUSA would be assigned to properties not currently in the MUSA in the event of a septic failure. Mr. Ahrens stated that some cities have not applied the MUSA in that situation. The decision would be determined by Council. Because the process is timely, he would recommend to allow those properties to connect. The MUSA issue would be addressed at a later time. Immediate connection would be advised because of the safety and health factors. Mayor Sullivan expressed concern regarding the outstanding MUSA issue. She asked if the MUSA designation for the south east portion of the City could be assigned to another area. Mr. Wessel stated that MUSA allocation excludes emergencies. It is the policy of the Metropolitan Council that emergency use does not count towards the City's MUSA allocation. Mayor Sullivan stated that the properties have potential for septic system failure. She asked if the property owners will have an option. It was indicated that MUSA does have to be designated in these areas. .-� Mr. Ahrens indicated there are many trees on the properties and they could be affected by the trunk utility extension. However,he believes there will be enough room for the trees and the utility lines. Mr. Wessel stated that most of the properties are currently in the MUSA. Council Member Lyden stated that he is supportive of the project. They City has a duty to the residents to make MUSA and/or sewer and water available before any further development. He asked if the projected financing only included 600 feet north of 77th Street. Mr. Hahn explained that$230,000 was for the engineering costs of the total project. The project has been done in phases but that figure represents the entire engineering cost. Council Member Lyden noted he would like to see a pro rated figure of the engineering cost for the 600 feet north of 77th Street. Council Member Lyden moved to adopt Resolution No. 98 - 90, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 90 can be found at the end of these minutes. Consideration of Resolution No. 98 -91,Approve Plans and Specifications and Authorize Advertisement for bids, 1998 Wear Course and Trail Paving Project-Mr. Ahrens stated that the City has received plans and specifications to complete wear course paving in the following developments: n 1. Clearwater Creek 16 COUNCIL MINUTES JUNE 22, 1998 2. Behm's Century Farms 3. Country Lakes Estates 4. Lino Air Park North Mr. Ahrens indicated that as part of the paving project,the following trails will also be paved: 1. Elm Street extension to City limits(This trail will be gravel only) 2. Arrowhead Drive to existing trail in Shenandoah Park 3. Hodgson Road near the bus company to Fox Trace 4. Clearwater Creek(2 trails) 5. Fox Trace connection to Hodgson Road (south of Linda Drive) 6. Rice Lake Estates connection to Baldwin Park 7. Birchwood Acres connection between Lonesome Pine Trail and Fox Road 8. Pheasant Hills Park trail to existing play area Mr. Ahrens stated that the City paves the final wear course on development projects approximately 1 year after the base course is put in place. This delay of one year allows for potential settlement of the base course. Prior to paving the wear course,any problems in the streets are corrected. The trail paving projects are included with the wear course to provide a greater quantity of paving to potentially lower the total project costs. Mayor Sullivan asked why the Elm Street trail will be gravel only. Mr. Ahrens stated that only a portion of Elm street will be gravel only. The gravel will be west of the senior housing project. The completion of the trail has been delayed until more progress is made with construction. Council Member Dahl moved to adopt Resolution No. 98 - 91, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 91 can be found at the end of these minutes. POLICE DEPARTMENT REPORT Consideration of Resolution No.98-92,Accepting Donation from the Circle-Lex VFW Post 6583 -Mayor Sullivan stated that the goal of the Lino Lakes Police Department is to enhance volunteerism within the community by utilizing the Reserve Officer program. The 17 COUNCIL MINUTES JUNE 22, 1998 �. Circle-Lex VFW Post No. 6583 is aware of this goal and has donated $500 toward the cost of administering this program. The purpose of Resolution No. 98 - 92 is to publicly thank the Circle-Lex VFW Post No. 6583 for their generous donation. Mayor Sullivan noted that with donations the Police Department has the equivalent of one more full time officer. Mr. Kent Strege, Lino Lakes Police Officer, came forward and stated that the donations support the Reserve program. The reserves to work on a volunteer basis. Mayor Sullivan thanked the Circle-Lex VFW Post No. 6583 for their support. Council Member Lyden moved to adopt Resolution No. 98 - 92, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 92 can be found at the end of these minutes. Consideration of Resolution No. 98 -93,Accepting Donation from the Circle-Lex Ladies Auxiliary,VFW Post 6583 -Mayor Sullivan stated that the purpose of Resolution No. 98 - 93 is to publicly thank the Circle-Lex Ladies Auxiliary VFW Post No. 6583 for their generous donation. The Circle-Lex Ladies Auxiliary VFW Post No. 6583 has donated $350 toward the �-� cost of administering the Reserve Officer program. Mayor Sullivan thanked the Circle-Lex Ladies Auxiliary VFW Post No. 6583 for their support. Council Member Dahl moved to adopt Resolution No. 98 - 93, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 93 can be found at the end of these minutes. OLD BUSINESS Consideration of the Hay Study -Mr. Tesch stated that a year ago the City contracted a company to obtain a review of the City's pay program. It was the consensus at a Council work session to table the issue. Mr. Tesch indicated there are potential problems which include supervisor/employee pay compression. Mayor Sullivan suggested Council approve the report as is. Council Member Lyden moved to accept and table the report. Council Member Dahl seconded the motion. Motion carried unanimously. NEW BUSINESS "Oft%, 18 COUNCIL MINUTES JUNE 22, 1998 Consideration of August 12, 1996,Minutes -Upon adoption of the Agenda,this item was removed. Consideration of November 12, 1996,Minutes -Upon adoption of the Agenda,this item was removed. Consideration of Resolution No. 98 -94,Accepting Donation from the Circle-Lex VFW Post No. 6583 -Mayor Sullivan stated that Council Member Neal obtained funding for residents of the City who had losses in the May, 1998 storm. Some children lost their bikes. She stated that Council Member Neal had been concerned about the loss and obtained funding to replace the bikes. Mayor Sullivan thanked Council Member Neal for his concern and effort. Council Member Dahl moved to adopt Resolution No. 98 - 94, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 94 can be found at the end of these minutes. COMMUNITY CALENDAR FOR JUNE 25, THROUGH JULY 9, 1998 Comprehensive Plan Task Force/City Council,Thursday,June 25, 1998,6:30 p.m. Mayor's Coffee/Round Table, Friday,June 26, 1998, 7:30 a.m. Environmental Board,Wednesday,July 1, 1998, 6:30 p.m. City Hall Closed for 4th of July Holiday,Friday,July 3, 1998 Park and Recreation Board,Monday,July 6, 1998,6:30 p.m. Council Work Session,Wednesday,July 8, 1998,5:30 p.m. Planning and Zoning Board,Wednesday,July 8, 1998,6:30 p.m. EDAC,Thursday,July 9, 1998, 7:00 a.m. Charter Commission,Thursday,July 9, 1998, 7:00 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 9:05 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 13, 1998. 19 COUNCIL MINUTES JUNE 22, 1998 61 Mahlyn Anderson, Clerk-Treasurer Kimt ly Wan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 20 Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-90 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS- LAKE DRIVE TRUNK UTILITY PROJECT. WHEREAS, pursuant to a resolution passed by the City Council on August 11, 1997, SEH has prepared plans and specifications for the Trunk Utility Extensions from Lilac Drive to approximately 600 feet north of 77`h 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 21 days, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:30 a.m., July 22, 1998, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and City Engineer, will then be tabulated, and will be considered by the City Council on July 27, 1998.Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or ce ie heck payable to the City for 5 percent of the amount of such bid. Ki berl A. S 1 an, ayor 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: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-91 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT TO RECEIVE BIDS - 1998 WEAR COURSE AND TRAIL PAVING PROJECT WHEREAS, pursuant to direction of City Staff, OSM & Associates, Inc. has prepared plans and specifications for the 1998 Wear Course and Trail Paving Project, 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 21 days, shall specify the work to be done, shall state that bids will be received by the city clerk until 10:30 a.m. July 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 on July 27, 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 e i , cashie eck, bid bond or certified check payable to the clerk for 5 percent t am unt uc bid. lui be ly A. Sullivan, Mayor Marilyn & 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: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson & Neal were absent. Whereupon said resolution was duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 92 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE-LEX VFW POST #6583 FOR RESERVE PROGRAM WHEREAS, equipment is needed for the Lino Lakes Police Reserve program, WHEREAS, funding for this equipment was not included as a Police Department budget item, WHEREAS, the Circle-Lex VFW Post #6583 has made a donation in the amount of $500 . 00 to the City of Lino Lakes toward the purchase of this needed equipment; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $500 . 00 Increase Expenditures-Police Uniforms $500 . 00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $500. 00 toward the cost of equipment for the Reserve program and wishes to express its gratitude to the Circle-Lex VFW P*Ke fo ' ts donation. Adopted by the Lino Lakes City Cos 22n day of June, 1998 . ullivan, Mayor Marilyn 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 : Dahl, Lyden, Sullivan. The following voted against same : none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 93 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE-LEX LADIES AUXILIARY VFW POST #6583 FOR RESERVE PROGRAM WHEREAS, equipment is needed for the Lino Lakes Police Reserve program, WHEREAS, funding for this equipment was not included as a Police Department budget item, WHEREAS, the Circle-Lex Ladies Auxiliary VFW Post #6583 has made a donation in the amount of $350 . 00 to the City of Lino Lakes toward the purchase of this needed equipment; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $350 . 00 Increase Expenditures-Police ^� Uniforms $350 . 00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $350 . 00 toward the cost of equipment for the Reserve program and wishes to express its gratitude to the Circle-Lex Ladies Auxiliary VFW Post #6583 for its donation. Adopted by the Lino Lakes City Cou Ic "is2nday of June, 1998 . K' e 1 ullivan, Mayor Ma ilyn 6. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. r1 , Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -94 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE-LEX VFW POST#6583 WHEREAS, the VFW Post#6583 was made aware of a needy family who wanted to purchase bicycles for their children; and WHEREAS, the Circle-Lex VFW Post#6583 donated$300.00 to the City of Lino Lakes for the purpose of purchasing the bicycles; WHEREAS, the money will be appropriated to the General Fund in the following manner: Increase Revenue- Contributions $300.00 Increase Expenditures n Bicycles for Needed Family $300.00 NOW,THEREFORE,BE IT RESOLVED,that the City of Lino Lakes hereby accepts the donation of$300.00 to cover the cost of three(3) bi cles and wishes to express its gratitude to the Circle-Lex VFW Post#6583 for its nati n. Adopted by the Lino Lakes City Co ' c' s n of June, 1998. erly . S li Marilyn G. derson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon,the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were .-absent- Whereupon said resolution was declared duly passed and adopted. n Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 95 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE-LEX LIONS CLUB WHEREAS, the City is a member of the National Youth Sports Coaches Association; and; WHEREAS, the City sends all of their youth recreational coaches to the certification classes offered by this association; and WHEREAS, the Circle-Lex Lions Club has supported the City's effort to certify all youth coaches; and WHEREAS, the Circle-Lex Lions Club has made a contribution of$1,000.00 to defer some of the costs of this program, and WHEREAS, the money will be appropriated to the General Fund in the following manner: Increase Revenue-Contributions $1,000.00 Increase Expenditures National Youth Sports Coaches Assn. $1,000.00 NOW,THEREFORE,BE IT RESOLVED,that the City of Lino Lakes hereby accepts the donation of$1,000.00 to cover one-half of the certification fee for this summers youth sports coaches and wishes to express its gratitude to the Circle-Lex Lions Club for its donation. Adopted by the Lino Lakes City Co cil s 2 f e, 1998. Ki erly llivan Marilyn G. An erson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon,the following voted in favor thereof: Dahl, Lyden, Sullivan. RESOLUTION NO. 98 - 95 Page -2- The following voted against Same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-96 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY,AN UPDATED EXPENSE REIMBURSEMENT POLICY. WHEREAS, From time to time it is necessary to review policies and procedures , and WHEREAS, The Expense Reimbursement Policy has not been updated since 1994, and WHEREAS, The proposed policy has an increased per diem to reflect a rise in prices, more clearly outlines travel advances and shortens up the time in which unused portions of advances must be returned to the city, NOW, THERFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby adopts an updated Expense Reimbursement Policy that will replace the policy that currently exists, and incorporate this policy as Section 7.02 of the Personnel Policy. Adopted by the Lino Lakes City Council this 22nd D4ofJ1 1998. K S r Marilyn 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: Dahl, Lyden, Sullivan. RESOLUTION NO. 98 - 96 Page -2- and the following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. n Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-97 A RESOLUTION ADDING THE CODE OF CONDUCT FOUND IN CHAPTER 204 OF THE CITY CODE TO THE CITY OF LINO LAKES PERSONNEL POLICY WHEREAS, a code of Conduct currently exists in chapter 204 of the City Code, and applies to all elected officials and employees, and WHEREAS, most employees do not use, or read the City Code on a regular basis, and WHEREAS, issues relating to personnel should be located in the Personnel Policy NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby enters into the Personnel Policy the attached code of conduct. Adopted by the Lino Lakes City Council this 22nd day of June, 1 rly t I an, Mayor Mari yn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Dahl, Lyden, Sullivan. and the following voted against same: none, Council Member Bergeson and Council Member Neal were absent. Whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 98 - 97 Page -2- and the following voted against same: none, Council Members Bergeson and Neal were absent. Whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 98-loo RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AGROUND LEASE AND A LEASE-PURCHASE AGREEMENT, AND APPROVING AND AUTHORIZING ISSUANCE OF LEASE REVENUE BONDS AND EXECUTION OF RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota,as follows: Section 1. Recitals. 1.01. The City is authorized by Minnesota Statutes, Section 465.71, as amended, to acquire real and personal property under lease-purchase agreements. 1.02. The City has agreed with the Lino Lakes Economic Development Authority (the "Authority") that pursuant to a Ground Lease dated as of August 1, 1998 (the "Ground Lease"), the Authority will acquire certain property from the City, and the Authority will lease such property, together with the buildings, structures or improvements now or hereafter located thereon, to the City pursuant to a Lease-Purchase Agreement dated as of August 1, 1998 (the "Lease"). 1.03. Pursuant to a Trust Indenture dated as of August 1, 1998 (the "Indenture")between the Authority and U.S. Bank Trust National Association, as trustee (the "Trustee"), the Authority will issue its Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation) (the "Series 1998A Bonds") in an aggregate principal amount of$5,350,000. 1.04. Under the Indenture,proceeds of the Series 1998A Bonds will be used to establish a Debt Service Reserve Fund to secure the Series 1998A Bonds and to pay costs of acquisition, construction and equipping of the Facilities described in the Lease, pursuant to a Disbursing Agreement dated as of August 1, 1998 (the "Disbursing Agreement"), among the Authority, the City, the Trustee and Chicago Title Insurance Company. 1.05. Pursuant to an Assignment and Security Agreement dated as of August 1, 1998 (the "Assignment"), the Authority will assign to the Trustee all of the Authority's right, title and interest in and to the Ground Lease, the Lease and the Lease Payments to be made by the City thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 1998A Bonds. 1.06. Forms of the Ground Lease, the Lease, the Indenture, the Disbursing Agreement, the Assignment, the Official Statement for the Series 1998A Bonds and a Continuing Disclosure Agreement of the City dated as of August 1, 1998, have been prepared and submitted to this Council and are on file with the City. Section 2. Findings. On the basis of information given the City to date, it is hereby found, determined and declared that: BM145001 1 LN140-60 (a) it is desirable and in the best interest of the City to enter into the Ground Lease, the Lease, the Disbursing Agreement and the Continuing Disclosure Agreement. (b) the terms of the Ground Lease, the Lease, the Disbursing Agreement, the Indenture, the Assignment and the Continuing Disclosure Agreement are found to be advantageous to the City and the form and terms thereof are hereby approved. (c) The Site and the Facilities described in the Lease constitute essential government property, and the City presently intends to appropriate all Lease Payments under the Lease for the term of the Lease; however, the obligations of the City under the Lease are not to be payable from nor charged upon any funds of the City other than the funds appropriated annually to the payment thereof, and the Lease shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in the Site and the Facilities under the Lease. Section 3. Authorization of Documents. The Mayor and the City Clerk-Treasurer are authorized and directed to execute and deliver the Ground Lease, the Lease, the Disbursing Agreement and the Continuing Disclosure Agreement on behalf of the City, substantially in the forms on file, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The Mayor, the City Clerk-Treasurer and other City officers are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. The Official Statement, as completed and supplemented, and its distribution to potential purchasers of the Series 1998A Bonds, are hereby approved. The City, as an 'obligated person" with respect to the Series 1998A Bonds, will comply with the requirements of Rule 15c2-12(b)(5) of the Securities and Exchange Commission,as set forth in the Continuing Disclosure Agreement. Section 4. Approval of Issuance and Sale of Series 1998A Bonds. The issuance and sale by the Authority of the Series 1998A Bonds as described in the Official Statement is hereby approved in all respects, provided that the true interest cost of the Series 1998A Bonds(computed in accordance with the Official Terms of Proposal reproduced in the Official Statement) shall not exceed 5.2685 % per annum. The City will pay, from proceeds of the Series 1998A Bonds or from other City funds, the costs of issuance of the Series 1998A Bonds. Section 5. Payment of Lease Pam. The City will pay to the Trustee, promptly when due, all of the Lease Payments and other amounts required by the Lease. To provide moneys to make such payments, the City will include in its annual budget, for each Fiscal Year during the term of the Lease, commencing with the Fiscal Year ending on December 31, 1999, moneys sufficient to pay and for the purpose of paying all Lease Payments, a reasonable estimate of Additional Lease Payments, and other amounts payable under the Lease. The agreement of the City in this Section is subject to the City's right to terminate the Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. BMB145001 LN140-60 2 _ Section 6. Miscellaneous. 6.01. The City covenants and agrees with the Owners from time to time of the Series 1998A Bonds that the investment of proceeds of the Series 1998A Bonds, including the investment of any revenues pledged to the Lease Payments which are considered proceeds under applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Series 1998A Bonds shall not be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and that the City shall comply with all other applicable requirements of Section 148. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Series 1998A Bonds will be used in such manner as to cause the Series 1998A Bonds to be "arbitrage bonds" under Section 148 and any regulations thereunder. The Site, the Facilities and the proceeds of the Series 1998A Bonds will likewise be used in such manner that the Series 1998A Bonds will not be "private activity bonds" under Section 141 of the Internal Revenue Code of 1986, as amended, and applicable regulations. 6.02. The officers of the City are authorized and directed to prepare and furnish to the original purchaser of the Series 1998A Bonds, and to the attorneys approving the Series 1998A Bonds, certified copies of all proceedings and records of the City relating to the power and authority of the City to enter into the Ground Lease and the Lease within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the City as to the facts stated therein. 6.03. The City covenants that it will file(or cause the Authority to file) with the Internal Revenue Service the information required under Section 149(e) of the Internal Revenue Code of 1986. 6.04. Capitalized terms used herein and defined in the Lease or the Indenture have the meanings given in the Lease or the Indenture. Section 7. Effective Date. This resolution shall be effective immediately upon its final adoption. BMB145001 3 LN140-60 The foregoing resolution was introduced by Member Lyden and seconded by Member Dahl The following voted in favor of the resolution: Dahl, Lyden and Mayor Sullivan The following voted against: None Whereupon the resolution was adopted. ADOPTED: June 22, 1998. (fit-y(Clerk-Itreasurer or ehID 14 s 0 01 LN140-60 4 .�, Council member Dahl introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-101 RESOLUTION ADOPTING THE 1999 BUDGET SCHEDULE WHEREAS, Section 7.04, Subdivision 1 of the City Charter requires that the City Council establish a budget calendar,and WHEREAS,the calendar is to be established by resolution,and WHEREAS,the attached budget calendar sets dates for the 1999 Budget. NOW THEREFORE BE IT RESOLVED,the attached 1999 Budget Schedule be adopted. Adopted by the City Council of Lino Lakes this 22nd d y of June, 99 . be y A ullivan- Mayor Marilyn G.Akerson,Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon,the following voted in favor thereof: Dahl, Lyden, Sullivan. The following voted against same: none, Council Members Bergeson and Neal were absent. Where upon said resolution was declared duly passed and adopted: MINUTES JUNE 28, 1998 LINO LAKES CITY COUNCIL SPECIAL MEETING SUNDAY, June 28, 1998 10 :00 a.m. Council Members Present: Mayor Sullivan, Council Members Bergeson, Dahl, Neal Council Members Absent: Lyden Staff Members Present: Police Chief/Acting City Administrator, Dave Pecchia; City Engineer, Dave Ahrens, Parks and Recreation Director, Rick DeGardner; Building Inspector, Tom Jackson; Sgt. Bill Hammes; Police Office Manager, Renee Kaulfuss. The purpose of the meeting was to summarize the events that evolved during the past 24 hours as it relates to the storm cleanup and request funding. SUMMARY OF EVENTS: n Department Heads in attendance provided an update as it relates to their various departments . Bill Hammes noted that security issues have been handled throughout the night . The streets of Jeanne, Patti, and Leonard continue to have power outage problems . Oak and Lois Lanes have substantial tree damage with power lines down. Ivy Ridge sustained additional roof damage . Rick DeGardner stated the City parks sustained minimal damage, downed branches and debris . The Centennial Middle School lost several trees and sustained roof damage . The City is only responsible for the recreational area of the property and the downed trees are not located in the recreational area. DeGardner will call John McClellan the school superintendent and inform him of the damage. Tom Jackson completed an assessment of damage to the City as the Red Cross was not able to provide any assistance to the City. Approximately 20 structures were damaged by trees falling on them. Tom noted that it is difficult to differentiate between the damage that occurred with this storm versus the damage that was sustained with the May 15th storm. The Building permits should reflect the dollar amounts for the specific storm. It was noted that there was a townhome under construction on Aqua Lane that was framed up and now there is wood strewn around the area. Jackson will check with Hokenson on Monday to see whether there was any storm damage to this area. The VFW sustained roof damage . -1- MINUTES JUNE 28, 1998 It was further suggested to check with the Anoka County Parks Department to confirm whether damage was sustained to the Chomonix Golf Course. The Civic Complex lost many more trees that were part of the landscape plan. The footings were dug and are now washed out . Rice Industries sustained roof damage and a gas leak. The gas was turned off for several hours. Oak and Lois Lanes were heavily hit by the storm with many downed trees tangled in power lines . Behm Century Farms, St . Joe' s Church, Lake Drive, Lakeview, Sunset, Fairmont, Elm Street, Snow Owl and several other streets in this area were once again impacted by the storm. Dave Ahrens, Public Works Director, noted that Lift Stations are working. It was suggested to make available the six hydrants equipped with faucets for residents on well and septic systems who have no electricity. The City crew will begin cleanup on Monday morning. Hopefully the County will again cleanup the County roadways including Lake Drive. It was noted that the area behind City Hall is full and we will not allow residents to bring their own brush to the site . It was decided that the week of July 13th would be the final City pickup of brush and debris . The City will again hire Kieger for the final cleanup week. We will again look to Mutual Aid. Dave Ahrens anticipates the cost of the June 26th storm cleanup to be $70, 000 . The City will need to rent a bobcat . Discussion followed and it was suggested that if the cost to rent the equipment exceeds the cost to purchase the unit, staff should research purchasing the unit . Ahrens expressed concern that Public Works staff is needed for patching and seal coating. If staff is directed to assist with storm cleanup, the City will not fulfill their deadline with the contractor for seal coating. It was suggested that Public Works furnish one lead person to facilitate the cleanup with the County and Mutual Aid workers . A dumpster will be available and located at Lino Park on Monday. A comment was made that there is a tree service overcharging residents for tree removal . Jackson commented that the ordinance states that contractors shall be licensed and that City staff has the authority to revoke a request for a license . Dave Pecchia suggested that the Council approve a request to allocate $30, 000 at this time for storm related costs and staff could request additional funds at the Council worksession of July 8, 1998 if additional funds were needed. Discussion followed whether the entire anticipated dollar amount of $70, 000 should be allocated at this meeting. It was mentioned that the cost to chip the wood currently at the site will be in the range of $65, 000-$70, 000 . -2- MINUTES JUNE 28, 1998 It was further mentioned that the contract to chip the wood should include removal of the chips from the site. The DNR is not acceptable to burning the trees and debris at this time. Dave Pecchia noted that an Emergency Declaration/resolution will need to be introduced at the next regularly scheduled Council meeting. He further noted that he will be attending a meeting on Wednesday to discuss FEMA reimbursement for the costs incurred by the City relating to the storm of May 15 . MOTION: A motion was made by Mayor Sullivan and it was seconded by Caroline Dahl to authorize funds in the amount of $70, 000 for the costs associated with the storm cleanup. Motion carried, 4 yes, 0 no. Andy Neal wished to publicly thank staff for their commitment to the City and the residents during the storm cleanup. It was further noted that the Lino Lakes Police Reserves donated 53 hours to assist with security. Centennial Fire District staff once again assisted with handing out flyers in the storm damaged r areas . Mayor Sullivan commented that there will be an official recognition of all volunteers at a future Council meeting. ADJOURNMENT: Meeting adjourned at 10 :50 am. Transcribed by , Renee Kaulfuss Lino Lakes Police Department These minutes were considered, corrected and p roved at a regular meeting of the City Council on my 3 , 1,998 . Marilyn 6. Anderson, Clerk-Treasurer im OerhJW. Sullivan, Mayor -3- CITY COUNCIL WORK SESSION JULY 8, 1998 CITY OF LINO LAKES WORK SESSION MINUTES DATE July 8, 1998 TIME STARTED 5:31 p.m. TIME ENDED 11:20 p.m. MEMBERS PRESENT Bergeson,Dahl, Lyden, Neal, Sullivan MEMBERS ABSENT Council Member Lyden was excused at 9:00 p.m. Staff members present: Chief of Police/Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; City Engineer, David Ahrens; Community Development Director, Brian Wessel; Assistant to the City Administrator, Dan Tesch; Environmental Coordinator/Forester, Marry Asleson; Parks and Recreation Director, Rick DeGardner; Building Official, Peter Kluegel; Building Inspector, Tom Jackson; Finance Director, Mary Vaske and Clerk-Treasurer Marilyn Anderson. Kim opened the meeting and announced that the City Council would adjourn to a closed session to consider an investigative report from George Hoff, an update on the George Reiling litigation and review the City Administrator selection process. The City Council reconvened at 8:08 p.m. VFW SEWER AND WATER ISSUE,ANDY NEAL Andy Neal explained that last fall the City Engineer presented a proposal to extend sewer and water utility services up Lake Drive from the extended Apollo Drive to the Lino Lakes Elementary School on Main Street. The plan was to extend services to the school during 1998. Anticipating utility service in 1998, the VFW at 7868 Lake Drive started the process to build a new facility at their present location and connect to the utility services. Now, the City Engineer has changed his proposal. The current proposal is to extend the utility services across Lake Drive from Apollo Drive and up Lake Drive to the police station in 1998. The remainder of Lake Drive will not receive services until 1999. Andy explained that this change in plans has forced the VFW to reconsider their building project. He explained that the VFW has been a valued community resident and has donated many dollars and services to the City throughout the years. Andy said he felt it was time for the City to recognize their contributions and do whatever possible to provide the VFW with utility services during 1998 so that they do not have to revise their building plans. Dave presented the background on this project and noted that because of delays due to unexpected design complications, Anoka County Highway Department requirements, a pollution problem at the Simonson's Garage, and easement acquisitions concerns, there PAGE 1 CITY COUNCIL WORK SESSION JULY 8, 1998 will not be enough time during the 1998 construction season to complete the work that had been anticipated in 1997. Kim asked Mr. Lyle Carpenter, Commander of the VFW, how the change in construction plans impacts the VFW building plans. Mr. Carpenter explained that the VFW does not understand why the construction of the services has to stop at the police station when the VFW is only a short distance further. He felt it would be an advantage to the City to extend services to the VFW and asked for cooperation and recognition on this matter. Dave explained that the VFW is approximately 1500 feet(1/4 mile) beyond the police station. He suggested that he revise the construction plans to indicate an interim construction date of mid July for services to be at the VFW. Chris Lyden said that the City Council does appreciate the efforts of the VFW very much,however, even the best efforts of the City will fall short.Kim felt that if the City made the commitment proposed by Dave, the VFW could prepare their building plans so that they could complete their building project in 1999. Dave explained that easement acquisition is now on track and all other concerns have been resolved. He will advertise for bids on the project in late winter or early spring when the bidding atmosphere is most favorable. Brian said that he is looking forward to working with the VFW on their building project. He explained that normally it takes four(4)to six (6) months to go through the process of site plan and building plan review with the Planning and Zoning Board and the City Council. He suggested that he and the VFW sit down and begin this process. Kim apologized to the VFW for not keeping them up to date on the progress of the utility construction. John explained that the schedule presented last fall was a preliminary estimate and should not have been viewed as a commitment. He suggested that staff contact other businesses along Lake Drive to be sure that they are aware of the construction schedule. Dave noted that he did hold a meeting for all affected property owners along Lake Drive in mid-May. He will schedule another meeting. Kim thanked the VFW for coming and expressing their concerns. TRAIL AROUND RESHANAU LAKE,JOHN BERGESON John briefly explained that there has been a trail around the north end of Reshanau Lake for as long as anyone could remember. When Reshanau Lake Estates was platted, Outlots A& B were platted as common property and deeded to the Reshanau Lake Estates Homeowners Association. The City first recorded a street easement through Outlots A& B to insure that there would be an opportunity to extend Black Duck Drive and/or utilities around the north end of the lake in the future. After discussions with the developer, the n City vacated the street easement and obtained and recorded a utility and drainage PAGE 2 CITY COUNCIL WORK SESSION JULY 8, 1998 easement over the former street easement. In the meantime, the public continued to use the former trail as access around the lake. Recently,the Reshanau Lake Estates homeowners association began exploring the installation of a fence around the two (2) outlots and cutting off public access to the trail. The homeowners association was concerned about liability in the event that someone was injured on their property. This proposal has caused great public concern. John invited Mark Walmsley and Mary Cox of the Reshanau Lake Estates Homeowners Association to meet with the City Council this evening to discuss the matter. He noted that Rick DeGardner has had preliminary discussions with the homeowners association about this matter and asked the Council to authorize Rick to continue discussions as a representative of the City. Mr. Walmsley explained that the homeowners association is open to having a discussion with the City on this matter and would like someone to attend a homeowners association board meeting. Kim indicated that she supported John on this matter. John asked Ms. Cox and Mr. Walmsley if there was any upland on the east side of the Reshanau Lake Estates subdivision on which to relocate the trail. Mr. Walmsley said he thought that there was. John asked Rick to explore this idea with the Anoka County Parks Department. Rick will meet with the Reshanau Lake Estates Homeowners Association board and keep the City Council updated on how these discussions are progressing. REVIEW OF THE CITY AUDIT, ROB TAUTGES Mr. Tautges used the overhead projector and presented highlights of the 1997 City Audit. The audit consists of four(4)required reports. They are the 1997 Annual Financial Report, the Financial Analysis and Management Consideration,the Independent Auditor's Report n Compliance and the Independent Auditor's Report on Compliance and on Internal Control. Mr. Tautges explained that the format of the reports have been changed to make the reports more readable. John noted that each year the City Council plans for a specific surplus. This year there was an additional surplus due to several factors and the Council was told that the surplus beyond the target surplus had to be designated. This put the Council in a position of identifying designated uses on a crisis mode. If these items had gone through the normal budget process,they may not have been funded. John asked how could the Council avoid this situation. Mr. Tautges explained that designation of surpluses has merit because in the past, the State could actually reduce state aid in the same amount of the surpluses. Some cities transfer the fund balances to another fund. He explained that the Council can carry over the additional surplus balance to the next budget time and include the surplus in the next budget. There is no actual requirement to spend the surplus as designated. How the Council handles this situation is a matter of philosophy. PAGE 3 CITY COUNCIL WORK SESSION JULY 8, 1998 John asked Mr. Tautges where was the City's greatest exposure in the year 2000. (John was referring to the possibility of computer problems that could occur because the computers may not recognize the year 2000.)Mr. Tautges felt that the county was the greatest concern. The City is currently taking steps to avoid any problems with the internal computers, however,the City should be checking with all of the City providers to be sure that they are also addressing this concern. John said that he was disappointed that the currently computer equipment purchased three (3)years ago did not address the year 2000 concern. The City is in the process of replacing all financial computer hardware and software to avoid any problems. John asked where the Shoreview debt was in the audit. Mr. Tautges explained that it is shown as a correction of an error on page 52. Kim thanked Mr. Tautges for making the report user friendly. She requested that the Council review the Executive Summary Report and be prepared to discuss the audit at the next work session. She also asked Dave to have staff bring back an action plan to address the concerns noted in the Management Report. HOUSE REMOVAL AT 1410 CANFIELD TOM JACKSON Tom presented the background on this matter noting that on October 13, 1997, the City Council had approved an Order for Removal of a Hazardous Building. The home had burned and the site is now considered an"attractive nuisance". The owner had been certain that the building could be salvaged and rebuilt,however, nothing has been done to date. Currently the owner is proposing to sell the site and does have a purchase agreement. He has not given the City a copy of the agreement. Kim felt that there had been sufficient time to conclude this situation. Mr. Hawkins felt that the City has been more than generous and recommended that the City Council approve the Order for Removal. The procedure is as follows: the City Council obtains bids to remove the structure and a court order to proceed with the actual removal of the building. These two (2) actions take time so that in reality, the owner will have plenty of time to complete the sale of the property, if he wishes, and the new owner will have time to secure a building permit for rebuilding the home. Caroline felt that the City is responsible for the safety of its residents and could see nothing to prevent proceeding with the removal order. This matter is on the Council agenda for Monday. LINO AIR PARK UPDATE, DAVE AHRENS PAGE 4 CITY COUNCIL WORK SESSION JULY 8, 1998 Mr. Ahrens explained that this matter was discussed at the April 22, 1998 work session. Since that time, Mr. Kolstad has completed almost all of the work that was required. However, it appeared that there would be items not completed so he did draw on Mr. Kolstad's $21,750.00 letter of credit. There is a problem with a survey. Dave will update the City Council on this matter at the next work session. 21ST AVENUE STREET CONSTRUCTION UPDATE, DAVE AHRENS Dave explained that work is progressing very fast at the Joan Tschida convenience store site. Gerald Rehbein,the developer, has proposed to build 500 - 600 feet of 21 st Avenue to the Lino Lakes street standards at his own cost. He is requesting that the City of Centerville contribute $25,000 to the construction. Dave recommended that the City of Lino Lakes approve this plan. Maintenance of 21 st Street continues to be an issue. Dave is pursuing a joint powers agreement with Centerville. Brian noted that Mr. Rehbein's proposal is somewhat bizarre and it is difficult to predict what Centerville will do with the proposal. He explained that Ms. Tschida is happy about how rapidly her construction is proceeding. The City Council of the City of Centerville is meeting this evening and will discuss 21 st Avenue. Dave will keep the Council updated on this matter. r AMENDING STREET STANDARDS, RURAL DESIGN, DAVE AHRENS Dave explained that a property owner on the north side of Lake Amelia is proposing to sell several lots of record fronting on Lake Amelia. The problem is that some of the lots do not have street frontage and a street would have to be constructed to serve the lots before a building permit could be issued. The property owner is proposing to build a street to rural standards rather than the usually street with curb, gutter and storm sewers. Dave described the rural standard that he is proposing and also described where a street with this design could be located in other areas of the City. He referred to the proposed rural street standards as interim standards since these streets would be required to be upgraded to current standards when municipal water and sanitary sewer are extended into the area. Brian explained that he has talked to Alan Brixius about this matter and asked that he and Dave have a further discussion with Alan. John asked Dave if the City has an overall street plan. It appears to him that nothing matches. Dave said no, however, developers are required to look beyond their proposed subdivisions and provide for extension of streets. He also noted that the City does have a transportation plan that is part of the Comprehensive Land Use Plan. Collector streets are identified in this plan. PAGE 5 CITY COUNCIL WORK SESSION JULY 8, 1998 UPDATE ON BMX TRACK AT QUAIL RIDGE, RICK DEGARDNER Rick explained that some area children constructed a BMX track in back of their homes on property owned by the City near Birch Street and Pheasant Run North. The track has been removed,however,the children and their families are asking to reconstruct the track and give the City a promise not to sue the City if a child is injured on the track. Originally,they asked the City to build a track in that area. Because of liability concerns, this option is not available. The residents then proposed that the City build the track and lease it to the residents. The matter was brought before the Park Board. They said that they would consider this request if the residents can provide liability insurance for the operation of the track. The families have not provided liability insurance to the City as of today. COMPREHENSIVE LAND USE PLAN UPDATE,BRIAN WESSEL Brian explained the meeting schedule for the next month. He noted that at the July 23, 1998, 6:00 p.m. Comprehensive Plan Task Force meeting, Birch Street concerns will be addressed. He also noted that the County is no longer looking at installing an intersection at I-3 5 W and Main Street. Brian noted that the Task Force has been conducting neighborhood meetings on all aspects of the Comprehensive Plan. He felt that the Council should get word to the citizens that everything they want may not be included in the final plan. STORM UPDATE, DAVE PECCHIA Dave explained that storm#1 (May 15, 1998) was declared a federal disaster. He has met with FEMA regarding storm#2 (June 26, 1998) and he is hoping that this storm will also be declared a federal disaster. The City will receive approximately $349,000 of assistance for storm 91. John asked Dave if the City is planning to continue the cleanup until July 13, 1998 as originally planned. Dave explained that contracted crews will come in on the 13th and it is hoped that everything will be cleaned during that week. If not, there will be an extension of time. If the last storm is declared a federal disaster, FEMA will pay for all of the clean up costs. Caroline noted that there has not been a letter in the paper thanking all the people who helped with the clean up from the first storm. Dave explained that Jean(Viger) is preparing the thank you letters at this time. He will follow up on this matter. CSO JOB DESCRIPTION,DAVE PECCHIA Dave explained that the CSO position is now a part-time position. He is looking at hiring two (2) college students to fill the positions and make them more visible in the PAGE 6 CITY COUNCIL WORK SESSION JULY 8, 1998 community. Dave also explained that the Neighborhood Crime Watch program has been assigned to an officer. POLICE DEPARTMENT PERSONNEL HIRING UPDATE, DAVE PECCHIA A police officer position and the two (2) CSO positions are vacant. Dave is placing ads in the weekend newspapers to fill these positions. TAX FORFEIT PROPERTIES,MARILYN ANDERSON Marilyn explained that each year,properties where taxes are delinquent more than three (3)years are offered for sale at a public auction. This year the County has notified the City of several parcels that are tax delinquent and has provided an opportunity for the City to obtain title to any of the parcels for public use. The parcels include: I. Lot 14, Arthur E. Thom Acres - Located north of Rehbein Bus Garage, appears to be a buildable. (Staff is recommending that the City obtain title to this property because there is a sanitary sewer force main running the length of the lot. In addition, the lot may be used in the future for other City utility extensions.) 2. Outlots in Birch Wood Acres - These lots are used for ponding and trails. Staff is recommending that the City obtain title to the outlots so that ponds and trails can be maintained. (The City already has easements on the outlots for trails and ponding.) 3. Lot 6, Block 5, Forest Glen- Located on 79th Avenue,this lot appears to be a buildable lot. 4. Outlots in Rehbein's Peltier View- County Ditch#72 runs through both outlots. These outlots are also used for ponding. Staff is recommending that the City obtain title so that the ponds can be maintained by the City. 5. Triangle Lot on Peltier Lake - Originally, this lot was to be used as access to Peltier Lake for all of the residents in Rehbein's Peltier View.Now that the lot is tax forfeit, the DNR will not allow the lot to return to private ownership again. 6. Triangle Lot on Main Street- This lot was created when Anoka County redesigned the curves on Main Street near the I-35W bridge. The landowner behind the lot uses the lot as access PAGE 7 CITY COUNCIL WORK SESSION JULY 8, 1998 to Main Street. She is in the process of obtaining title to the parcel. Andy referred to the Circle Pines Gas Franchise and noted that the income from the franchise was reduced by the amount of delinquent gas bills in Lino Lakes. He asked why these bills were not assessed to the property taxes. Mr. Hawkins explained that this is not an assessable utility. If the gas utility cannot collect the delinquents bills,they are deducted from the franchise fee. Andy will check to see if there is a method for collection of the delinquent bills by this City. CONSIDERATION OF A PROPOSAL TO RECOGNIZE RANDY SCHUMACHER'S YEARS OF SERVICE,ANDY NEAL Andy explained that this matter was brought to his attention by a resident of the City. He has brought the matter to the attention of staff who have suggested that the full City Council discuss the matter. It was determined that in the past,the City has recognized employees with 20 or more years of service. Since Mr. Schumacher worked for the City 18 years,the Council felt it n was not appropriate to give Mr. Schumacher special recognition. Andy asked if the Mayor's Citizen Awards will be given this year. Dan said that he is working on this matter. Originally, there was a committee of four(4)who solicited recommendations for the award and then made a recommendation to the City Council. Since some of the originally committee members no longer live in the City, other members are being researched. Dan will bring this matter to the City Council in the future. CONSIDERATION OF THE CITY ATTORNEY'S CONTRACT,KIM SULLIVAN Kim explained that a Council Member has asked that this contract be reviewed. Bill said that for 15 years, he operated on a verbal agreement. A formal contract was prepared. The latest contract with the City expired in 1994. Additionally, the contract was with the firm of Burke and Hawkins. This firm no longer exists. Bill said that he would update the contract if that is the wish of the City Council. Kim explained that she was asked to place this contract out for bid. She asked that the City Council review the contract and then be prepared to discuss it at the next work session. Kim asked that Chris be informed of this decision. PAGE 8 CITY COUNCIL WORK SESSION JULY 8, 1998 n REOUIRED ATTENDANCE FOR ALL DEPARTMENT HEADS,DAVE PECCHIA Dave explained that earlier this year, the Council requested all department heads attend all Council meetings in the month of June. The Council would then review and discuss whether it was necessary to continue requiring the attendance of all department heads at all Council meetings. John noted that the Council had not heard a word from Marty or Pete this evening and they had nothing scheduled on the agenda. He suggested that if there are no items that even remotely involve Marty or Pete, they should not be required to attend all Council meetings. Andy suggested all staff meetings be held at 7:00 a.m. or 5:00 p.m. He said that whenever he calls city hall for something, he is told that the department heads are in meetings. He felt staff should be available during working hours. Kim asked that all department heads with the exception of Marty and Pete be at all Council meetings. She felt this was a team effort and all team members should be present. Dave asked if staff could be working on other matters during the meetings. This could be productive time for department heads. Council did not have a problem with this suggestion. John noted that voice mail at city hall needed to be updated each day. Kim asked that all voice mail calls be returned within four(4)hours. Dave noted that the storms created the need for extra department head meetings. He explained that staff does try to make these meetings short. Kim asked Dave to let Dawn know that she is doing an excellent job as receptionist. Kim referred to the Open Mike portion of the City Council meetings. She asked Council Members to refrain from participating in conversations with the persons at Open Mike. This portion of the meeting is for anyone to present items to the City Council. There should be no discussion or debate with the person making the presentation. Kim referred to Council use of consultants. She noted that some individual Council Members are contacting consultants and running up big consulting bills. She suggested that Council Members contact the appropriate staff first to determine if they can be of help. If a Council Member must contact a consultant,they should make that contact very brief. Andy referred to the City Charter and said he felt that individual contact of a consultant is not permitted. Kim suggested that if a Council Member had to speak to a consultant for more than 15 minutes,the matter should be brought before the entire Council. PAGE 9 CITY COUNCIL WORK SESSION JULY 8, 1998 Marty was asked about the loss of trees in the civic complex due to the last storm. Marty explained that he has placed the value of the trees at about $60,000. However,he felt that this does not reflect the real value of the loss. Additional trees will be lost to oak wilt or will die because of disruption by cleanup crews. These trees were old growth trees and will take another one hundred years to replace. About 30%of the old growth trees have been lost in the last two(2) storms. This is a significant loss. Brian explained that for the past year and a half, staff has worked very hard to preserve a certain landscape in the civic complex. This has been totally lost. He is meeting with the landscape architect in the morning. The landscaping has to be totally redesigned. REGULAR AGENDA Item 2A. National Night Out is scheduled for Tuesday, August 4, 1998. Item 7D. Add to agenda, Consideration of Resolution No. 98 - 108, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, Hodgson Road(Highway 49)/Lake Drive (County Road#23), George Reiling Property. Item No. 8-1D Amending the Severe Weather Policy. The proposal is that if employees leave work because of severe weather,they can use sick leave or vacation to make up the time lost. This became a problem when public works employees worked during a storm but office staff were allowed to go home with pay. This policy will result in fewer grievances. Brain explained that MnDOT is preparing to install a 260 foot tower on the prison site. This tower will accommodate the legislative mandate to construct a Regional 800 MHZ Public Safety Radio System. There is no action required by this City on the project. There was a presentation of the plans at the Planning and Zoning Board meeting this evening. The Anoka County Airport is concerned about the tower height. There are other concerned parties,however,the State will do what it deems necessary. There has been no discussion regarding leasing space on the tower to private individuals. Kim reminded the City Council that there will be another interview of candidates for the City Administrator position either Friday at 2:00 p.m. or Monday. The meeting was adjourned at 11:20 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on August 10, 1998. PAGE 10 CITY COUNCIL WORK SESSION JULY 8, 1998 Manlyn G. Anderson, Clerk-Treasurer *Kly llivan, Mayor PAGE 11 SPECIAL COUNCIL MEETING JULY 13, 1998 `^ CITY OF LINO LAKES MINUTES DATE July 13, 1998 TIME STARTED 4:22 p.m. TIME ENDED 6:20 p.m. MEMBERS PRESENT Bergeson, Dahl,Lyden,Neal, Sullivan MEMBERS ABSENT None Staff members present: Chief of Police/Interim City Administrator, David Pecchia and Clerk-Treasurer Marilyn Anderson. Mayor Sullivan opened the meeting at 4:22 p.m. and adjourned to the city hall lunch room to discuss the investigation of a City Administrator candidate,Nick Dragisich. Dave Pecchia explained that he traveled to Virginia, Minnesota at the end of last week. The purpose of his visit was to elicit further information regarding Nick's performance as City Administrator of Virginia. He visited the Mesabi Times newspaper and the local library to read what the paper reported regarding a particular incident that happened during the time Nick was City Administrator. Dave also visited the Police Department and talked to the Chief of Police. While Dave was in Virginia, Dan spoke to Cy Smyth of Labor Relations. Mr. Smyth had worked with Nick and said he would love to work with him again. He felt Nick was very bright. Dave also talked to Greg Corwin, attorney for the Lino Lakes Management Association. He had helped Nick prepare his separation agreement. Mr. Corwin said Nick is bright and would do well in Lino Lakes because he is a very up-front person. The Council discussed Nick's willingness to relocate, his performance during the interviews and his test results. Kim said she was comfortable with Nick's style but wanted to hear more about the 1991 discrimination lawsuit. She also had other questions which she discussed with the Council including asking Nick what he learned from his experience at Virginia and in particular the lawsuit. John said that he would like to know more about the bad press he received in Virginia. Andy asked if the City would prepare a news release for the Quad. Kim said that she would like to sit down with Jeff, the reporter from the Quad and let him know that the Council is aware of the bad press. PAGE 1 SPECIAL COUNCIL MEETING JULY 13, 1998 Andy asked if Dave would be here to bring the new City Administrator up to speed. Dave said yes, and he would be available to answer questions in the future. �.. Chis said he thought Nick was very bright and would lead with his chin. He noted that Nick and his family are from that area and he had everything to gain by being "one of the guys". That didn't happen, he chose to do what he felt was right. There was discussion about whether Nick would be in competition with the Mayor's position as leader of the City. Kim said that the Council would have to be sure that Nick knows what he can and cannot do. There is the issue of authority. Andy asked if salary was discussed. Kim explained that all the candidates were told that the salary would be about$74,000 per year with a$290 a month car allowance. Several other questions for Nick were discussed and then the City Council returned to the senior center at 5:05 p.m. to interview Nick a second time. Kim thanked Nick for coming to this second interview. She explained to him that he scored high in the interviews and tests and the purpose of this interview was to make sure that there is a personality and style fit with this City. The Council is looking for someone to work with staff and the community and build a better"team". She told him that the community is diverse, sometimes cynical and sometimes reactionary. The City needs someone to bring this community together. Chris told Nick the issue that was covered in the Virginia newspaper is a big issue. He said you took it upon yourself to do what you thought needed to be done. He asked Nick to discuss his part in this matter.Nick explained that Virginia is a small town with a newspaper that wants to run the town. The newspaper asked him to do something that he felt was not ethical. He further explained his part in the matter. Chris asked, in hindsight, would you have acted so quickly.Nick explained some of the important things that happened in the City under his direction and then said he would have done some things differently. Chris asked Nick how he handles criticism. Nick said not as well as he should. He said that a person has to recognize where the criticism is coming from. Kim asked Nick, in hindsight, how would you have handled the newspaper. Nick said he would ignore them.They printed articles that were not true and also printed his home telephone number and asked the residents to call him. He said it was a real learning experience but he should have ignored them. John noted that there is a local newspaper here and several other larger papers in the area. He said this may help keep the local newspaper more accountable. Kim explained that the Council has worked to build a better relationship with the local paper. PAGE 2 J " SPECIAL COUNCIL MEETING JULY 13, 1998 Andy asked Nick if he is a member of any community organization. Nick explained that normally he works 60 to 80 hours per week and spends most of his free time with his family. He said he helped form an economic development committee and worked with this organization for some time. He also worked with groups trying to improve the area lakes. He did not join either organization because he felt that his obligation was to his family. Kim asked Nick to talk about the situation that initiated the 1991 lawsuit.Nick noted that the lawsuit was filed by an Economic Development Committee member. The Economic Development Committee was originally organized by the son of the newspaper owner and initially was a good organization. However, the Committee became removed and the Council withdrew funding support. The Executive Director filed a lawsuit and after that suit was settled, she left Virginia and went to work at another city and had a similar experience. Eventually another Economic Development Committee was formed in Virginia. Chris asked what happens when a Council is divided.Nick said that is a difficult situation for a city administrator. He sees the city administrator as a resource to help solve situations. He noted that the City Council is not suppose to talk among themselves after Council meetings but the city administrator can deal with all members and facilitate an agreement. John explained this Council has its disagreements but the disagreements are mostly friendly. Kim said that Council meetings are for taking care of business not disagreements. Kim asked Nick what his expectation was regarding direction from the Council. Nick said first, the City Council has to provide policies that he can work with to build community relationships. The Council also must have clear goals and priorities and a way to measure. these goals. These are things that the City Administrator does not do and he cannot achieve anything if nothing is clear. Kim asked Nick what he saw the city administrator position to be. Nick said the city administrator has to support the Council. He noted that one newspaper criticism in Virginia was that the city council endorsed everything the administrator wanted. His reaction to that criticism was that he did not bring ideas to the city council that he knew they would not endorse. Chris explained to Nick that Kim is the mayor,the Lino Lakes public representative and the Council likes it that way. He said the Council wants a"top notch"administrator who does the work and does not get in the limelight that belongs to the mayor. Nick said wonderful, in Virginia,the mayor is a figurehead. The Council President presides over n the meetings and the administrator plays a more"up front"role. He said the mayor should be "out front"and if the administrator is in that position, government is not functioning. PAGE 3 SPECIAL COUNCIL MEETING JULY 13, 1998 Kim asked Nick to describe his delegation skills. Nick said that is the most difficult skill and it takes a lot of conscious effort on his part to do this. He said that he has to learn to trust that his staff can do their work. John asked Nick how well he did this in Virginia. Nick explained that he had 12 different department heads. He gave them authority to go directly to the city council if they felt their concerns were not resolved by him. He said this did not happen very often because they were able to resolve their differences before it got to that point. Nick said, "it scares the hell out of me", however he could not run the city by himself. Kim explained that this had been a concern and so this Council is implementing an intervener system. Kim noted that Nick had obtained his masters degree during his tenure as City Administrator in Virginia. She asked how the degree helped him in carrying out the Administrator duties.Nick explained that he spent the first couple of years at Virginia "crawling". After he earned his degree,he found from a managers perspective, he needed to be more"up-front", take the first step toward reconciliation and talk about what went wrong and what happened. He needed to build trust. He walked his way through the process.Nick said he was lucky and had the support of the city council. Caroline asked Nick when he applied for the administrators position at Lino Lakes,did he do any research on the City. She also asked what motivated him to apply for the position. Nick explained that when he left the administrator's position in Virginia, he took some time off from the public sector. However, he feels that he wants to be an administrator again. Nick said he saw the ad,noted that Lino Lakes is a growing city on the northern fringe of the Twin City metropolitan area and felt that this would be a good match for him. He said he does have another job offer in a much larger city in other state. However, he felt it would be hard for his family to move into a metropolitan area. Nick said he would like to stay in Minnesota since both his and his wife's families live here. In addition, he does have 14 years of PERA which was also a factor. Nick explained that he had heard good things about the elected officials in Lino Lakes. He said he would not like to work in a city with a dysfunctional organization. Caroline asked Nick if he would move into Lino Lakes. He said yes. He explained that he was working as the Virginia City Engineer and lived in Chisholm. When he was asked to move into the City Administrator position,he requested permission to remain in his home in Chisholm. John asked Nick when he went through the PDI process, what was indicated as something that he needed to personally work on. Nick explained he needed to develop his listening and delegation skills. He noted that he likes to talk.Nick said he needs to give the speaker his full attention and to listen carefully. Chris said that he had read all the material about Nick but asked Nick to tell the Council who he is. Nick replied that he is an intense person, believes in himself, is very social, hard working and dedicated. u PAGE 4 y SPECIAL COUNCIL MEETING JULY 13, 1998 Chris asked Nick to explain how his wife sees him. Nick said that she thinks he is a very detailed person. Chris asked Nick to explain how his children see him. Nick said, "write a check dad". They see him as intense. Nick explained that he and his family do a lot of things together. His family sees him as considerate, with a high ethical value, interested in learning something new and ready to invest in himself. Nick referred to a newspaper article about his taking one day a month to continue his education. The newspaper opposed this use of his time. He noted that he does plan to get his P.H.D in the future. John asked Nick if the City made an offer to him and he accepted, how long would it take you to be available for the position.Nick explained, a couple of weeks. He noted that his employer is aware that he is looking at other employment possibilities. Nick asked how City functions are administered. He said it appears that the administrator runs the day to day functions. The Council said yes.Nick said he felt it would be inappropriate for a council member to call a specific employee and direct him/her. This should be the responsibility of the city administrator. John explained that this City Council does recognize that the Council's position is to set policy rather than direct operations. He explained that there may be two (2) reasons Council Members may contact staff and they are to ask a specific question or to relay a complaint. Kim explained that she worked for the City for a brief period. She noted that department head staff do not really direct their departments and were not given the opportunity to take responsibility for their department. As a result, few department heads have the skills that they need to fulfill their position. She felt a need to implement an intervener process. Kim said that she felt that the roll of the city administrator during council meetings was to advise and provide information. In addition, she felt that the city administrator should not allow the council to be put in a position of looking uninformed when someone from the audience is asking questions that the council would not know. The administrator needs to step in and tell that person that the council does not know but will direct staff to research the matter. The administrator is a buffer in that situation. Kim also said that the administrator is to staff what the mayor is to the council. The council will rely heavily on the administrators ability to know details. Kim explained that she was impressed with Nick's attitude and abilities. She felt that staff was ready for someone different. Again she noted there is an incredible amount of citizen involvement with their government. Kim asked that another special council meeting be scheduled for Thursday, before the Comprehensive Plan meeting to make a final decision regarding the city administrator ,.� position and let Nick know on Friday. She told Nick that he is the only person who this Council has invited back for a second interview. She asked Nick to call if he had questions or reservations. PAGE 5 Y SPECIAL COUNCIL MEETING JULY 13, 1998 John asked Nick how he felt about the PDI process. Nick said that he had mixed feelings. However, he felt that this was not uncommon. He suggested that"roll play" was valuable and gave insight into who he might be. The meeting was adjourned at 6:22 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on September 14, 1998. V. M yn G. Anderson, Ki ber lstdiVan, Mayor Clerk-Treasurer PAGE 6 COUNCIL MINUTES JULY 13, 1998 CITY OF LINO LAKES MINUTES DATE : July 13, 1998 TIME STARTED : 6:36 P.M. TIME ENDED : 7:56 P.M. MEMBERS PRESENT : Bergeson,Dahl,Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; Finance Director, Mary Vaske; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Inspector, Tom Jackson; and City Clerk Marilyn Anderson SETTING THE AGENDA Mayor Sullivan removed item 7D from the Agenda and added item 9A,Additional Allocation of Funding for the June 26, 1998, Storm. The amended Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda as presented. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: May 16, 1998 Approved DISBURSEMENTS: June 30, 1998, end of month ($1,647.39) Approved July 13, 1998 Check No. 51429 - 51579, $564,918.60) Approved June 26, 1998 SAC Check No. 51175 - 51338, $90,042.50) Approved 1 COUNCIL MINUTES JULY 13, 1998 July 2, 1998 SAC Check No. 513340 - 51410, $44,149.42) Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council Meetings,emphasizing the need for respectful dialog. OPEN MIKE No on appeared for open mike. Mayor Sullivan gave a verbal update regarding City business. She stated that July, 13, 1998, is when all tree debris must be in the boulevard for the final clean up. She stated that the City is progressing on the interview process for the new City Administrator. A new test process will be implemented beginning July 14, 1998. She encouraged citizen input. Mayor Sullivan noted that the City lost its oldest and largest Cherry tree in the last storm. The tree was located at Town Center. The wood will be used to make a front door for the new City Hall. Council Member Bergeson noted that the announcement regarding tree debris pick up being shown on cable television should be checked. It appears that the announcement indicates debris will be completely picked up by July 13, 1998,which is incorrect. Consideration of Proclamation, National Night Out, David Pecchia -Mr. Pecchia explained that National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anti-crime efforts, strengthen neighborhood spirit and police/community relations,and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors,turn on their outside lights from 7:00 p.m. to 10:00 p.m., and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Mr. Pecchia stated staff is requesting that Council acknowledge the National Night Out Proclamation in City's support of designating August 4, 1998, as National Night Out in the City of Lino Lakes. Mr. Pecchia read the proclamation. Council Member Lyden moved to approve the National Night Out Proclamation, as presented. Council Member Neal seconded the motion. Motion carried unanimously. BUILDING DEPARTMENT REPORT,TOM JACKSON Consideration of the Removal of a Fire Damaged House at 1410 Canfield Road -Mr. Jackson stated that he has been working with Mr. Greg Dufeck who is trying to rebuild his fire damaged home at 1410 Canfield Road. Because of numerous personal problems, Mr. Dufeck has been unable to complete the rebuilding of the home. Nothing on the property is salvageable 2 COUNCIL MINUTES JULY 13, 1998 and everything must be removed. Mr. Jackson asked Council for authorization to act on the October 13, 1997, order to remove the structure. Council Member Bergeson moved to authorize the Building Department to enforce the order to removed the home as approved at the October 13, 1997, Council meeting. Council Member Neal seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of the 1997 Audit,Rob Tautges -Mr. Tautges stated that the Council Members had previously received reports regarding the 1997 audit and management report. He asked Council to accept the 1997 Audit as presented. Mayor Sullivan noted that the Council also received a verbal report regarding the audit at the City Council work session. Council Member Neal asked if the audit is prepared from verified or unverified reports. Mr. Tautges explained that the audit is prepared from unverified reports. The procedures used are well thought out and established by government agencies. Council Member Neal stated that the report should indicate it is prepared by unverified reports. Mr. Tautges read from the report which indicates the results are the opinion of HLB Tautges, Redpath, Inc. Mayor Sullivan noted that the report was reviewed by Council at the City Council work session. At the next work session Council will discuss way of implementing the findings of the audit and management reports. Council Member Neal moved to accept the 1997 Audit, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Monetary Limits on Tort Liability per Minnesota Statutes #466.04 - Ms. Vaske explained that each year the City has the option of waving it's monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the City does not waive the statutory tort limits, and individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the City purchases the optional excess liability coverage. ,.� If the City does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which 3 COUNCIL MINUTES JULY 13, 1998 all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the City does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Ms. Vaske stated that claims to which the statutory municipal tort limits do not apply are not affected by this decision. The City carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). She noted that the City of Lino Lakes has never waived it's monetary limits on tort liability. Council Member Bergeson moved that the City of Lino Lakes does not choose to waive it's monetary limits on tort liability established by Minnesota Statutes 466.04. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 105,Authorizing Execution of Sub-Grant Agreement, Federal Disaster Assistance,David Pecchia- Mr. Pecchia stated that the City of Lino Lakes is part of the eight(8) county Federal Disaster Declaration for the May 15, 1998, severe storm, straight-line winds and tornado. To apply for Federal Disaster Assistance,the Council is asked to pass Resolution No. 98 - 105 which provides for the City of Lino Lakes to enter into a Sub- Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR- MINNESOTA. Mr. Pecchia stated that the City is estimating its reimbursable expenses for debris clearance, protection measures, road system, building, equipment, and public utility system to be approximately $349,000. Mr. Pecchia noted that the funding formula is 75%Federal, 15% State, and 10% local. The City is in the process of having the State pay the local match. Council Member Neal moved to adopt Resolution No. 98 - 105, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 105 can be found at the end of these minutes. Consideration of Resolution No. 98 - 106,Declaring that a State of Emergency Exists in the City of Lino Lakes, David Pecchia-Mr. Pecchia explained that Resolution No. 98 - 106, if adopted by the Council, will declare that a state of emergency exists in Lino Lakes due to the severe thunderstorm which occurred on Friday, June 26, 1998. Adoption of this Resolution will allow the City to apply for emergency funding from all available sources. 4 COUNCIL MINUTES JULY 13, 1998 Council Member Lyden moved to adopt Resolution No. 98 - 106, as presented. Council Member Neal seconded the motion. Motion carried unanimously. _ Resolution No. 98 - 106 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Public Hearing, Consideration of Resolution No. 98- 107, Drainage and Utility Easement Vacation, Lots 4 and 5, Block 1, Country Lakes Estates,Plat 2 -Ms. Wyland stated that Mr. Clark Bergman has requested that the City vacate a drainage and utility easement between Lots 4 and 5, Block 1, Country Lakes Estates, Plat 2,to facilitate the construction of one single family home on the combined lots. Easements would be retained on the front, side, and rear lot lines. Ms. Wyland stated that the public hearing has been published for this evening. The property owner has been notified as required by City Ordinance. The City Engineer has reviewed the request and has indicated no problem in vacating the requested easements.The general drainage plan for the development will not be altered. Ms. Wyland indicated staff recommended approval of the easement vacation as indicated on Resolution No. 98 - 107. Mayor Sullivan opened the public hearing at 6:58 p.m. There being no one to speak to this issue, Council Member Bergeson moved to close the public hearing at 6:59 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Lyden expressed concern regarding the flood plain in the area. Ms. Wyland indicated the City has received a map revision from the developer. All issues regarding the flood plain have been resolved. Property owners in the area submitted the map revision to their insurer. Mayor Sullivan asked if the lot and and the proposed home is suitable for the area and meets all zoning requirements. Ms. Wyland indicated the lot and building are suitable for the area and meet all zoning requirements. Council Member Lyden moved to adopt Resolution No. 98 - 107, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. _ Resolution No. 98 - 107 can be found at the end of these minutes. Consideration of Interim MUSA Reserve Designation and Final Plat Request for Behm's Century Farms 3rd Addition -Ms. Wyland stated that the preliminary plat for Behm's Century Farms 3rd Addition was approved by the Council in late 1994 along with the 1st and 2nd Additions. The property is Zoned R-1 and indicated as Single Family on the Comprehensive 5 COUNCIL MINUTES JULY 13, 1998 loo� Plan. When the preliminary plat was approved, Mr. Carl Behm,the original property owner,was still residing on the site and had a life estate arrangement with the developer, Mr. Uhde. Mr. Behm has since entered a nursing home and his homestead has been removed. The 3rd Addition is therefore available for final plat. Ms. Wyland stated the addition to Behm's Century Farms includes one cul-de-sac off of Appaloosa Lane consisting of 8 lots and 3.20 net acres. The property has been graded,permits received from the RCWD,a development agreement and financial guarantees posted, and the title work reviewed and approved by the City Attorney. Staff recommended approval of this final plat and the allocation of 3.2 net acres of Interim MUSA Reserve. Ms. Wyland stated the 3.2 net acres of Interim MUSA will come out of the City's MUSA Reserve bank, leaving approximately 69 acres. Mayor Sullivan asked if the plat meets all zoning requirements. Ms. Wyland indicated the plat does meet all zoning requirements. Council Member Bergeson moved to approve the final plat of Behm's Century Farms 3rd Addition and allocation of 3.2 net acres of Interim MUSA Reserve. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. - Comprehensive Land Use Plan Update-Mr. Wessel noted on Thursday, July 16, 1998,there is a Comprehensive Plan Task Force meeting, at 7:30 p.m., in the work session format. He stated there is a Comprehensive Plan Task Force meeting regarding transportation, Thursday, July 23, 1998, at 6:00 p.m. Thursday, July 30, 1998,there is a Comprehensive Plan Task Force meeting regarding Commercial/Industrial, at 7:30 p.m. Mr. Wessel encouraged everyone present to attend these meetings. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98- 102,Order Improvement and Preparation of Plans and Specifications, Apollo Drive, Phase 3 (4/5ths Vote) -Mr. Ahrens stated that staff is requesting Council approval to order the improvement and preparation of plans and specifications for the extension of Apollo Drive from its current terminus at Lilac Street to Lake Drive. Mr. Ahrens stated that the public hearing for this project was held at the June 22, 1998, Council meeting. Staff and the City's consulting engineer presented the feasibility report at the hearing and property owners were given an opportunity to speak in favor or against the project. One property owner raised questions regarding the acquisition of her property. The City Attorney and City Engineer spoke with her following the meeting regarding the acquisition process and relocation of her family to a new home. n Mr. Ahrens explained that the construction of Apollo Drive from Sunset Road to Lake Drive was first discussed in 1990. The portion of Apollo Drive from Sunset Road to Lilac Street is 6 COUNCIL MINUTES JULY 13, 1998 complete and the final phase was initiated recently with the public hearing held at the June 22, 1998, Council meeting. Mr. Ahrens referred to a report that included information presented at the public hearing including project summary,description of the regional storm water pond, estimated project schedule, and project costs and financing. Mr. Ahrens stated that staff recommends approval of Resolution No. 98 - 102. Council Member Neal asked if the VFW has agreed to sell their property and when the project will be completed. Mr. Ahrens stated that the VFW has not yet agreed to sell their property. The project will be completed in spring, 1999. Council Member Neal asked how a price for the property is determined. Mr. Ahrens explained that an appraisal on the property has been done. The City has retained a firm to negotiate the purchase of the properties. Council Member Neal asked what will happen if the owners of the VFW sell their property before a deal is completed with the City. Mr. Ahrens stated that the City will obtain an easement from the new property owners. Council Member Lyden asked if the pond shown on the diagram is the ultimate size. Mr. Ahrens indicated that the pond shown on the diagram shows the ultimate pond size. The pond will be built in stages. Council Member Lyden expressed concern regarding a pond 12' deep so close to the road. Mr. Ahrens stated that the County will have comments regarding the pond. The pond will be outside of the right-of-way. At this time,there are no safety issues regarding the pond. Council Member Lyden asked how deep is a typical pond. Mr. Ahrens explained that the pond bottom is a minimum of 6' deep. The size is determined by the amount of run off coming into the pond. There are also a number of other factors that determine pond size. This issue will come back before Council for approval. The pond will be discussed much more in detail at that time. Council Member Bergeson asked if the two (2) homes have been acquired. Mr. Ahrens stated that the City is still in discussion with the two (2)property owners. Eminent domain notices have been sent out. Council Member Neal asked who is purchasing the houses. Mr. Hawkins stated that the City will purchase the land and the houses. The Council will determine what to do with the houses. Council Member Bergeson asked about the time frame regarding the two (2) planned economic development projects. Mr. Wessel stated that the convenience store project has been delayed. The utility hook up for the new bank will be tight regarding the planned opening of the bank. 7 COUNCIL MINUTES JULY 13, 1998 Council Member Bergeson asked if the project will be progressed far enough for the bank to open on time. Mr. Ahrens indicated the City will meet the time frame required for the bank to open as planned. Mayor Sullivan thanked staff for addressing the ponding and aesthetics regarding this project. She asked how the ponding is tracked. Mr. Ahrens explained that the policy regarding ponding is no new net run- off from pre-development to post development. Ponding has always been an option to take care of additional run-off. The RCWD is involved with ponding issues. Council Member Lyden expressed concern regarding the increased volume of water with ponding. Mr. Ahrens explained that the RCWD has acknowledged the increased volume of water and had developed new standards to lower the volume of water. Council Member Lyden moved to adopt Resolution No. 98 - 102, including the northwest pond option, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 102 can be found at the end of these minutes. Consideration of Resolution No.98 - 103,Approve Payment No. 8, (Final) and Change Order No. 1,Water Tank No.2 -Mr. Ahrens stated that the contractor for the Water Storage Tank No. 2 Project is requesting payment no. 8 (final) in the amount of$50,792.90. The final contract amount is summarized as follows: Contract Amount $ 992,200.00 Change Order No. 1 $ 23,658.00 Final Contract Amount $1,015,858.00 Mr. Ahrens explained that Change Order No. 1 includes work to accommodate future antenna installations. The extra work was not included in the original design and to accommodate the two (2) antenna installations and future antenna installations, the work was completed. The change order includes adding two (2) additional electrical services and adding plates and pipe sleeves on the top of the tank. Two-thirds of the cost of the change order($15,772.00) was passed onto Sprint Communications and Nextel Communications, the two (2) existing antenna installations on the tank. Future antenna installations will make a similar reimbursement to the City for the extra cost to revise the tank design. Staff recommended approval of Resolution No. 98 - 103 authorizing the final payment to the contractor. Council Member Neal stated that he is against change orders. He asked if the City is putting up the antennas. Mr. Ahrens indicated the City does not install the antennas. The City had to pay the money up front to modify the water tank for the installation of the antennas and then get reimbursed from the companies. 8 COUNCIL MINUTES JULY 13, 1998 Council Member Neal asked how the City makes sure it gets reimbursed. Mr. Ahrens stated that the City has already been reimbursed from the two (2) companies. Companies will come to the City in the future and request installation of the antennas. The City will then charge the companies. Council Member Bergeson moved to adopt Resolution No. 98 - 103, as presented. Council Member Lyden seconded the motion. Motion carried with Council Member Neal voting no. Resolution No. 98 - 103 can be found at the end of these minutes. Consideration of Resolution No. 98 - 104,Accept Easement,Main Street and I-35E -Mr. Ahrens stated that the construction of trunk utilities along 21 st Avenue required the City to obtain a permanent street and utility easement on the north side of Main Street. The utility project includes jacking the sanitary sewer and watermain under Main Street and the sanitary sewer manhole is located outside of the right-of-way on private property. The easement is necessary to accommodate the utility construction. The property owner has dedicated this easement to the City at no cost to the City. Staff recommended approval of Resolution No. 98 -104. ^� Council Member Lyden moved to adopt Resolution No. 98 - 104, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 104 can be found at the end of these minutes. Consideration of Resolution No. 98 - 113,Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain, Hodgson Road (Highway 49)/Lake Drive(County Road#23), George Reiling Property-Upon adoption of the Agenda,this item was removed. CONSIDERATION OF PERSONNEL POLICY UPDATE, DAN TESCH Consideration of Resolution No. 98 - 108,Amending the Data Practices Advisory Policy - Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook, the staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 108, as presented and to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 108 can be found at the end of these minutes. 9 COUNCIL MINUTES JULY 13, 1998 ^` Consideration of Resolution No. 98 - 109,Amending the COBRA Coverage Policy- Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook,the staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 109, as presented and to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 109 can be found at the end of these minutes. Consideration of Resolution No. 98 - 110,Amending the Bone Marrow Donation Leave Policy-Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it into the handbook, the staff will have greater accessibility to the policy. Council Member Lyden asked about leave for other organ donations. Mr. Tesch stated that the City does have the Family Medical Leave if time off is needed for other organ donations. Council Member Lyden asked why a bone marrow transplant has been singled out by the State. Mr. Tesch suggested it was possibly singled out by special legislation from the State. Council Member Bergeson suggested the State run the City office. He stated that if this was a separate vote, he would vote no. Council Member Lyden moved to adopt Resolution No. 98 - 110, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 110 can be found at the end of these minutes. Consideration of Resolution No. 98 - 111,Amending the Severe Weather Policy -Mr. Tesch asked that this policy be incorporated into the Lino Lakes Personnel Policy Handbook. The policy is already state law or current practice. By placing it in the handbook, staff will have greater accessibility to the policy. Council Member Lyden moved to adopt Resolution No. 98 - 111, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 111 can be found at the end of these minutes. Consideration of Resolution No. 98 - 112,Incorporating an Employee Assistance Program into the Personnel Policy-Mr. Tesch stated that the policy is already in place. He asked for Council approval to incorporate it into the Lino Lakes Personnel Policy Handbook. 10 COUNCIL MINUTES JULY 13, 1998 Council Member Neal moved to adopt Resolution No. 98 -112, as presented to include reference to State Statutes. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 112 can be found at the end of these minutes. CITY CLERK-TREASURER'S REPORT, MARILYN ANDERSON Consideration of a 3.2 Beer License and Cabaret License for St.Joseph Catholic Church Annual Festival-Ms. Anderson stated that the August Festival is the major fund-raiser for St. Joseph Parish. Each year a beer license and cabaret license are requested for this event. There have been no reported problems with the Festival in the past. Ms. Anderson stated that at times the Parish holds a dance on the Saturday evening just prior to the Festival. They have indicated that they will hold the dance this year. Security at the dance will be managed as in past years. Council Member Neal moved to approve the Beer and Cabaret License, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Classification of Tax Forfeit Properties -Ms. Anderson stated that Anoka County has notified her office regarding several parcels of land located in Lino Lakes that have entered tax forfeit status. She referred to maps showing the location of the following lots: Lot 14, Arthur E. Thom Acres - Located north of Rehbein Bus Garage, appears to be a buildable lot. (Staff is recommending that the City obtain title to this property because there is a sanitary sewer force main running the length of the lot. In addition, the lot may be used in the future for other City utility extensions.) Outlots in Birch Wood Acres - Lots are used for ponding and trails. The City should obtain title to these parcels so that ponds and trails can be maintained. (City already has easements on the outlots for ponding and trails.) Lot 6, Block 5, Forest Glen- Located on 74th Avenue, appears to be a buildable lot. Outlots in Rehbein's Peltier View- County Ditch No. 72 runs through both lots. These outlots are also used for ponding. City should ,.� obtain title so that the ponds can be maintained by the City. 11 COUNCIL MINUTES JULY 13, 1998 Triangle lot on Peltier Lake - Originally designed as access to Peltier Lake for all the residents in Rehbein's Peltier View. Now that the lot is tax forfeit,the DNR will not allow the lot to return to private ownership again. Lot on Main Street- This lot was created when Anoka County redesigned the curves on Main Street. The landowner behind the lot uses the lot as access to Main Street. She is in the process of obtaining title to the parcel. Ms. Anderson stated that Anoka County is in the process of designating these parcels of land for sale at a public auction. Ms. Anderson recommended the City obtain title to all of the outlots in the Birch Wood Acres subdivision so that the City can continue to maintain the ponds and trails on them. She also recommended the City obtain title to the outlots in Rehbein's Peltier View so the ponds on those lots can be maintained by the City. The City Engineer has recommended the City obtain title to Lot 14,Arthur E. Thom Acres(the lot north of the bus garage) since the City has a sewer force main that crosses the lot from east to west and may place additional utilities on the lot in the future. Council Member Bergeson moved to request title of the outlots in the Birch Wood Acres subdivision, the outlots in Rehbein's Peltier View, and Lot 14, Arthur E. Thom Acres. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Additional Allocation of Funding for the June 26, 1998, Storm, David Pecchia-Mr. Pecchia stated that a storm with very strong straight line winds occurred in the City on Friday,June 26, 1998. The Council allocated$70,000 for funding the cleanup. The City is now in the last week of cleanup from this storm and cleanup costs are running well above the $70,000 appropriated for this project. Mr. Pecchia requested that the Council authorize another $100,000 to complete the cleanup from the second storm. He noted he will attend a meeting on July 14, 1998,to request Federal Funding for this storm cleanup. Council Member Bergeson asked if the City has a backup plan to pay for the storm damage if Federal Funding is not received. Mr. Pecchia indicated that the City has allocated two (2) funds for the two (2) storms from the Contingency Fund. Council Member Bergeson moved to allocate another$100,00 for the second storm cleanup. Council Member Lyden seconded the motion. Motion carried unanimously. 12 COUNCIL MINUTES JULY 13, 1998 Mayor Sullivan noted there was more tree damage that initially indicated after the storm. For that reason, more money is needed for storm cleanup. NEW BUSINESS Consideration of June 28, 1998,Minutes, Special Council Meeting(Council Member Lyden was absent)-Council Member Neal moved to accept the June 28, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of June 22, 1998,Minutes (Council Members Neal and Bergeson were absent)- Council Member Lyden moved to accept the June 22, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Members Neal and Bergeson abstaining. Consideration of August 8, 1996,Minutes,Budget Meeting(Council Member Dahl and Mayor Sullivan were not on the City Council)-Council Member Bergeson moved to accept the August 8, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of August 12, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) -Council Member Bergeson moved to accept the August 8, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of August 26, 1996,Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of September 23, 1996, Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of October 4, 1996,Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of November 12, 1996,Minutes (Council Member Dahl and Mayor Sullivan were not on the City Council) - Council Member Bergeson moved to accept the August 26, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. 13 COUNCIL MINUTES JULY 13, 1998 Consideration of Authorization to Expend Park Dedication Funds for Improvements to the Rice Lake Park, Rick DeGardner-Mr. DeGardner stated that at the July 6, 1998, Park Board meeting the following amenities and costs were approved for Rick Lake Estates Park: Site clearing and grading $ 5,000 Playground equipment $24,800 Border,pea gravel, and accessibility path for playground area $ 5,000 Half court basketball court $ 9,000 Mr. DeGardner indicated the trail leading to Baldwin Park was included in the 1998 Park Board Goals. The estimated cost of completion of this trail is $17,000 and should be completed sometime in August, 1998. Mr. DeGardner recommended that Council authorize the expenditure of approximately $40,000 of Park Dedication Funds for the listed improvements. Council has already approved funds for the installation of the trail segment. There is $42,700 in the Park Dedication fund that is designated for Rice Lake Estates Park, (including trail). This will require an additional amount of approximately $18,100 of undesignated funds. Mayor Sullivan clarified that the funds are from Park Dedication Funds. Council Member Neal moved to authorize the expenditure of approximately $40,000 of Park Dedication Funds for the listed improvements to Rice Lake Estates Park. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Authorization to Seek Bids for Playground Equipment for the Rice Lake Estates Park, Rick DeGardner-Mr. DeGardner stated that he is requesting authorization from Council to seek playground equipment bids for Rice Lake Estates Park. Vendors will be given a maximum dollar amount of$24,800 for equipment to include 2 swings and play equipment for the 5-12 age group. All proposals are expected to meet requirements set forth in the Americans with Disabilities Act. All equipment in the bids must meet guidelines as published by the United States Consumer Products Safety Commission. After receiving the bids on the play equipment,the project will be evaluated by City staff and the Park Board, with input from area residents through scheduled playground equipment reviews at the Park and Recreation Building during the week of August 3, 1998. The project will be awarded to the vendor that provides the City with the best value for the funds available. The best value analysis will include an evaluation of quality, durability, safety, equipment longevity, aesthetic appeal, and the play experience provided. After review, a recommendation will be made to the Council for the purchase of playground equipment(August 10, 1998, Council meeting). 14 COUNCIL MINUTES JULY 13, 1998 Mr. DeGardner explained that the playground equipment will be installed using a certified playground installer(provided by the vendor), City staff, and neighborhood volunteers. This will be done on a Saturday in late fall. Once the playground equipment is installed, City staff will install the safety surface and the safety surface path to meet ADA specifications. Council Member Bergeson expressed concern regarding being in a situation of choosing equipment over the lowest price. Mr. DeGardner stated that the $24,800 figure is a guideline for the maximum price of equipment. He indicated that City will not be in the position of choosing equipment over the lowest price. Council Member Lyden moved to authorize staff to seek bids for new playground equipment at Rice Lake Estates Park in the amount of$24,800. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR JULY 13 THROUGH JULY 29, 1998 Special City Council Meeting, Thursday,July 16, 1998 Comprehensive Plan Task Force Meeting,Thursday,July 16, 1998, 7:30 p.m. Puppet Show and Splatter Sisters, Sunday,July 19, 1998, 6:00 p.m., Sunrise Park Citizens Advisory Committee, Monday,July 20, 1998, 7:00 p.m. City Council Work Session, Wednesday,July 22, 1998,5:30 p.m. Comprehensive Plan Task Force Meeting,Thursday,July 23, 1998,6:00 p.m. The Killer Hayseeds, Sunday,July 26, 1998,6:00 p.m., Sunrise Park City Council Meeting,Monday,July 27, 1998, 6:30 p.m. Joint Meeting,Wednesday,July 29, 1998 Environmental Board Meeting,Wednesday,July 29, 1998, 6:30 Council Member Neal asked Mr. Ahrens what happened at Centerville. Mayor Sullivan stated that it was the consensus of the Council to add this issue to the Agenda. Mr. Ahrens stated that about 500 feet of construction on 21 st Avenue is an issue. Centerville staff has tabled this issue with the directive to set up a meeting with the City of Lino Lakes. Council Member Neal asked how the road is for Mrs. Tschida. Mr. Ahrens stated that the road is proceeding as planned. At his last visit to the site the sand layer was in. 15 COUNCIL MINUTES JULY 13, 1998 Mayor Sullivan stated that this is an exciting project and the business is due to open this week. Council Member Neal asked if the road will be done by Friday,July 17, 1998. Mr. Ahrens indicated the road will be completed by Friday. ADJOURN There being no further business, Council Member Neal moved to adjourn at 7:56 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Counci eting, July 27, 1998. Marilyn Anderson, Clerk-Treasurer er . S van, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 16 PROCLAMATION NATIONAL NIGHT OUT 1998 WHEREAS, the National Association of Town Watch (NATW) is once again sponsoring a unique, nationwide crime and drug prevention program on August 4, 1998 called "National Night Out" ; and WHEREAS, the 1115th Annual National Night Out" provides a unique opportunity for Lino Lakes to join forces with thousands of other communities across the country in promoting cooperative, police-community crime and drug prevention efforts; and WHEREAS, the City of Lino Lakes plays a vital role in assisting the Lino Lakes Police Department through joint crime and drug prevention efforts in Lino Lakes and is supporting "National Night Out 1998" locally; and WHEREAS, it is essential that all citizens of Lino - Lakes be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Lino Lakes; and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE I, MAYOR SULLIVAN, do hereby call upon all citizens of Lino Lakes to join the Lino Lakes City Council and the National Association of Town Watch in supporting 1115th Annual National Night Out" on August 4, 1998 . FURTHER, LET IT BE RESOLVED THAT I, OR SULLIVAN, do hereby proclaim Tuesday, August 4, 19 s "Na io al Night Out" in Lino Lakes . Ki er y Wllivan, Mayor � a,v Ma ilyn t. Anderson, Clerk-Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 102 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - APOLLO DRIVE, PHASE 3, PROJECT. WHEREAS, it is proposed to improve Apollo Drive from Lilac Street to Lake Drive by constructing street, curb and gutter, and storm sewer. 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. 2. The northwest pond option shall be constructed as depicted in the feasibility report and shall be sized to accommodate runoff from the Apollo a Project and developing adjoining properties. Adopted by the City Council this 130' day f J 1 8. berl A ullkdn, Mayor Marilyn G. Andeirson 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: CITY OF LINO LAKES RESOLUTION NO. 98 - 103 RESOLUTION APPROVING PAYMENT 8 (final) and CHANGE ORDER NO. 1 - WATER STORAGE TANK NO. 2 PROJECT WHEREAS, the construction of the Water Storage Tank No. 2 Project has been completed by Pitt-Des Moines, 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$23,658.00 is hereby approved. 2. Payment number 8 (final) in the amount of$5 2.90 is approved for a total contract amount of$1,015,858.00. Adopted by the City Council this 13" d Ju , 1 be ly t. ullivan, Mayor AA1�­) �m Marilyn 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, Sullivan. The following voted against same: council Member Neal. 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 - 104 RESOLUTION ACCEPTING A PERPETUAL STREET AND UTILITY EASEMENT - MAIN STREET AND 35E WHEREAS, the Perpetual Street and Utility Easement is required to allow for the completion of the 21"Avenue Utility Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. accepts said Perpetual Street and Utility Easement from Richard J. Schreier and Patricia A. Schreier in the amount of$0.00 Adopted by the Lino Lakes City Council thi 13th a of July, 1 98. r Ki rly A S I'v , 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 favorthereof: Bergeson, Dahl, Lyden, Neal, Sullivan. 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- 105 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT Be it resolved that the City of Lino Lakes enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR-MINNESOTA. David J. Pecchia, Interim City Administrator, is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Lino Lakes. I certify that the above resolution adopted by the City Council of the City of Lino Lakes, Minnesota on the 13th day of July, 1998. , SIGNED: WITNESSETH: f be ullivan, Mayor Marilyn G. Anderson, Clerk-Treasurer July 13, 1998 July 13, 1998 (Date) (Date) 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. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 106 RESOLUTION DECLARING THAT A STATE OF EMERGENCY EXISTS IN THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes has sustained severe losses of substantial proportion, caused by a severe thunderstorm with straight line winds which occurred on June 26, 1998; and WHEREAS, the cost of recovery from this natural disaster is beyond the resources available within the City of Lino Lakes, NOW,THEREFORE, BE IT RESOLVED,that I Kimberly A. Sullivan, Mayor of the City of Lino Lakes declare that a state of emergency exists in the City of Lino Lakes, Minnesota. Adopted by the Lino Lakes City Council th' E of Ju 1 8. Ki erly A. 1 'v , Mayor Mari n 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 passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-107 RESOLUTION VACATING DRAINAGE EASEMENT OVER A PORTION OF LOT 4 AND 5, BLOCK 1, COUNTRY LAKES ESTATES PLAT 2 WHEREAS, 5' drainage and utility easements were platted on the side lots lines in the Country Lakes Estates Plat as required by City Ordinance, and WHEREAS, Lot 4 and 5 of Block 1, Country Lakes Estates Plat 2 has been purchased by one individual who wishes to combine these two lots and building one single family home located in the center of the two properties, and WHEREAS, to facilitate that construction drainage and utility easements must be vacated, and WHEREAS, the City Council of the City of Lino Lakes held a Public Hearing on Monday, July 13, 1998 concerning said vacation request, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the following described drainage and utility easement: The drainage and utility easements over and across the west 5 feet of the north 105 feet of the south 115 feet of Lot 5 and over and across the east 5 feet of the north 105 feet of the south 115 feet of Lot 4, both in Block 1, Country Lakes Estates Plat 2, Anoka County, Minnesota is hereby vacated. Adopted by the Lino Lakes City C un it is 13th a of July, 1998. Kim r A. Ilivan, Mayor ATTEST: 4 a", j �4'CedL"Z6�n� Marilyn G. Anderson, Clerk-Treasurer .� RESOLUTION NO. 98 - 107 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. n Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-108 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY HANDBOOK,A DATA PRACTICES ADVISORY WHEREAS, During the course of city employment, an employee may be asked to provide personal information which may be classified as either private or confidential, and, WHEREAS, It is important that employees understand State of Minnesota Data Privacy rules, Minnesota Statutes, Chapter 13, and WHEREAS, Employees should know why they are providing potentially private or confidential information about themselves, and WHEREAS, Every employee receives a copy of the Personnel Policy Handbook, and will subsequently be exposed to this advisory, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby adopts into the Lino Lakes Personnel Handbook the attached Data Practices Advisory. Adopted by the Lino Lakes City Council this 13th Day of July,a998. ber Sull an, Mayor aA c Mar lyn G. Anderson, Clerk/Treasurer RESOLUTION NO. 98 - 108 Page -2- 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. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. n Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98-109 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY SECTION 5.3 EXPLAINING COBRA COVERAGE WHEREAS, the federal Consolidation Omnibus Budget Reconciliation Act(COBRA), 29 United States Code 1161 & Minnesota Statute 62A.17 gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage with the city after a qualifying event, and WHEREAS, the Personnel Policy Handbook is the appropriate place to make employees aware of their benefits and rights, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby incorporates into the Personnel Policy Handbook Section 5.3 which will make employees aware of their rights under COBRA Adopted by the Lino Lakes City Council this 13th Day of July, 199 Ki er SiAlivV, Mayor c U Mar 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. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. r-%k Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98 -111 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY HANDBOOK,A POLICY REGARDING SEVERE WEATHER. WHEREAS, From time to time, severe weather threatens the metropolitan area, and WHEREAS, Severe weather in the form of tornadoes, ice or snow storms or related atmospheric conditions create situations where employees can not make it in to work, or would like to leave work early, and WHEREAS, Due to the nature of work expected from the Police Department and Public Works Department, city offices should be kept open during r� regular working hours, and WHEREAS, Employees covered by this policy be allowed to use their choice of vacation, sick leave or time-off without pay to avoid hazardous weather conditions. NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes incorporates into the Personnel Policy Handbook the attached Severe Weather Policy for certain employee groups. Adopted by the Lino Lakes City Council this 13th Day of Jul , 1 8. Kim Sull' an, ayor Marilyn G. Anderson, Clerk/Treasurer RESOLUTION NO. 98 - 111 Page -2- 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. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. r Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION 98 - 112 A RESOLUTION ADOPTING INTO THE CITY OF LINO LAKES PERSONNEL POLICY,AN EMPLOYEE ASSISTANCE PROGRAM. WHEREAS, The City has in place,and Employee Assistance Program, and WHEREAS, An Employee Assistance Program is administered through our Medica Insurance carrier and designed to assist our employee through a variety of personal issues such as; work stress, legal matters, financial or marital matters, WHEREAS, the Personnel Policy is the most appropriate place to inform employees of the rights and benefits, r NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Lino Lakes incorporates our Employee Assistance Program into the Lino Lakes Personnel Policy Handbook. Adopted by the Lino Lakes City Council this 13th Day o Ju y, 1998. im S li , Mayor Ft Marilyn 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. RESOLUTION NO. 98 - 112 PAGE -2- and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. SPECIAL COUNCIL MEETING JULY 22, 1998 CITY OF LINO LAKES JOINT COUNCIL MEETING WITH THE CITY OF CENTERVILLE DATE July 22, 1998 TIME STARTED 5:00 p.m. TIME ENDED 5:50 p.m. MEMBERS PRESENT Bergeson, Dahl, Lyden,Neal, Sullivan MEMBERS ABSENT None Staff members present: Chief of Police/Interim City Administrator, David Pecchia; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Consulting Engineer, John Powell and Clerk-Treasurer Marilyn Anderson. Centerville City Council present: Mayor Tom Wilharber; Council Members, Sanna Buckbee and Theresa Brenner. City of Centerville staff members present: City Administrator, Jim March; City Clerk Ry-Chel Gaustad and Consulting Engineer's, Dave Nyberg and Pil Bergem. Mayor Wilharber introduced the Centerville City Council and staff and the Lino Lakes City Council and staff. He explained that the purpose of the joint meeting was to discuss upgrading 21 st Avenue and the Lino Lakes/Centerville water interconnection. Mr. March explained that the condition of 21st Avenue is a concern to adjacent businesses. They have requested a"quick fix" for this situation. This concern plus the need for both cities to work together to construct and maintain the street prompted the request for a joint meeting. Mr. March explained that he was happy to see the new convenience store at the corner of I-35E and Main Street. This new business will draw commercial interest for both the City of Lino Lakes and the City of Centerville. He suggested that a joint powers agreement for construction and maintenance of 21 st Avenue be completed as soon as possible and construction started immediately so that it can be completed before winter. He also noted the need for storm sewers in that area. Mr. Powell explained that the Lino Lakes City Council has requested preparation and has received a feasibility report. This report outlines street, curb and gutter and storm sewer installation to service the entire corridor. Currently a temporary situation is under construction. The street has been graded, the sub-base has been completed and blacktopping is expected to begin tomorrow. Storm drainage has been routed so that the area that previously drained into Centerville will continue to drain to Centerville and the area that previously drained into Lino Lakes will continue to drain into Lino Lakes into a ponding area. Mr. Ahrens continued the explanation of the storm sewer plan. Mr. Powell suggested that both cities share in the cost of providing for storm drainage. PAGE 1 SPECIAL COUNCIL MEETING JULY 22, 1998 Y Several Centerville business men were present to express their concern for adequate �. access to their property as well as adequate storm water drainage. They also expressed their concern regarding a possible assessment. Mr. Ahrens explained that Mr. Gerald Rehbein is in the process of constructing approximately 400 feet of 21 st Avenue. This construction, when completed,will meet all of the requirements of the Lino Lakes City Code. The street will provide adequate access to the new convenience store. The balance of 21 st Avenue south to a home in Lino Lakes will be restored and graded to its previous condition. Turn lanes on both Main Street and 21 st Avenue are included in the overall plan and will be constructed when a Joint Powers Agreement is completed. Mayor Wilharber explained that previously, the City of Centerville was concerned about an extension of 21 st Avenue north of Main Street. This is no longer an issue. He felt it was important to get the southern portion of 21 st Avenue completed before winter. He also said it was important to get a Joint Powers Agreement completed and executed so that maintenance of the street and storm sewers would not be a problem. Mr. Wessel agreed with Mayor Wilharber. He explained that the focus for Lino Lakes is the portion of 21 st Avenue south of Main Street. He also explained that Lino Lakes is moving forward with the plan to realign Otter Lake Road on the east side of I-35E. Both projects are expected to be completed before winter. All agreed that a realigned Otter Lake Road would provide a safer intersection. There was discussion regarding whether or not the Joint Powers Agreement should address 21 st Avenue all the way to Cedar Street. Mr. Powell and Mr. Ahrens said that this would depend upon Mr. Rehbein's plan for development in the area. They suggested that the southerly limit of the upgrade should be driven.by the developer in Lino Lakes or other businesses wishing to locate in Centerville. In any event, a temporary cul-de-sac or turn-around would be required at the south end of the upgrade. The Lino Lakes and Centerville City Engineers were instructed to prepare a draft Joint Powers Agreement for the first phase of construction of 21 st Avenue and present it to the City of Lino Lakes on August 10, 1998 and the City of Centerville on August 12, 1998 for ratification. The extent of the first phase will be determined by the engineers. Both City Engineers agreed that construction of the first phase would be completed before winter. The meeting was adjourned at 5:50 p.m. These minutes were considered and approved at a regular Council meeting held on August 10, 1998. PAGE 2 SPECIAL COUNCIL MEETING JULY 22, 1998 Marilyn G. Anderson,Clerk-Treasurer Ki berl A. S ivan, Mayor PAGE CITY COUNCIL WORK SESSION AUGUST 5, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : August 5, 1998 TIME STARTED : 5:00 p.m. TIME ENDED : 9:02 p.m. MEMBERS PRESENT : Council Members Bergeson,Dahl,Lyden, Mayor Sullivan MEMBERS ABSENT : Neal Staff members present: Community Development Director, Brian Wessel, Planning Coordinator, Mary Kay Wyland; City Engineer, Dave Ahrens; Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Parks Lead Worker, Mike Hoffinan; and City Clerk, Marilyn Anderson The meeting was called to order at 5:00 p.m. The Council adjourned for a closed meeting. The Council returned at 6:40 p.m., to continue with the regular work session agenda. Council Member Lyden excused himself from the meeting at 6:40 p.m. WHEELER CONSOLIDATED Mr. Ken Johnson, Wheeler Consolidated, gave a presentation which entailed the historic and modern Timber Bridge design and how Timber Bridges can be used within the City of Lino Lakes. Kim stated that if the Timber Bridge is cost effective,the City may consider it at some point in the future. CONSIDERATION OF MINOR SUBDIVISION,JAMES HILL Mary Kay outlined three(3)options for Mr. and Mrs. Hill that were discussed at staff level. She noted the options have not yet been discussed with Mr. and Mrs. Hills. Dave Ahrens indicated the City has the right to require the right-of-way as Elm Street is a collector street. The City has consistently required right-of-way if needed every time a landowner requested a subdivision of their land and additional right-of-way was needed to upgrade the roadway. He stated that compensation for the right-of-way would be .101 setting a negative precedent. Mr. Hawkins stated that because this is a unique situation a 1 CITY COUNCIL WORK SESSION AUGUST 5, 1998 variance for lot width precedent would not set a precedent. There is a sufficient basis to grant the variance. He stated the City has the clear authority to ask for the right-of-way. Mr. Hill indicated that a hardship has been proven. He stated the City should not require the right-of-way without compensation because of all the time and money that has been spent of the property. He indicated he will not dedicate the property to the City. Kim stated she does not see any hardship other than economic. The City cannot make exceptions to rules if it is not a unique situation. John stated the request for the variance is reasonable. The right-of-way is the issue. He stated it is in the City's best interest to obtain the right-of-way so that there will be a consistent width on Elm Street. Mr. and Mrs. Hill stated they want to work something out with the City. Mrs. Hill indicated they are being asked to give more to the City than other property owners. Kim asked Mr. and Mrs. Hill to take the options into consideration. It is the Council's job to weigh their hardship against the right-of-way dedication. This item will appear on the regular City Council agenda, Monday,August 10, 1998. CONSIDERATION OF A SNOW REMOVAL POLICY FOR TRAILS Rick stated the Parks and Recreation Department would like to institute a snow removal policy for the City's trail system which will enable residents to enjoy the trails year round. He stated trail segments will be indicated as an A or B priority. Upon completion of all A paths,the B Priority paths will be cleared. There will be no additional costs to the City at this time. No chemicals will be used on the trails. The policy will be evaluated after the 1998/1999 snow season to see if the policy should continue. Council supported the snow removal policy. This item will appear on the regular City Council agenda, Monday,August 10, 1998. RESHANAU LAKE TRAIL UPDATE Rick gave an update regarding the Reshanau Lake trail. He requested approval from Council to begin discussions with the two (2)property owners where the limited access easement exists. It was the consensus of the Council to direct Rick to initiate discussions with the property owners regarding the purchase of the easement. JOINT POWERS AGREEMENT (JPA)WITH THE CITY OF CENTERVILLE Dave Ahrens detailed the JPA with the City of Centerville. He stated that the Agreement will be on the City of Centerville's regular City Council agenda on August 12, 1998. To 2 CITY COUNCIL WORK SESSION AUGUST 5, 1998 be consistent with past agreements, issues such as future sealcoating and overlay projects will be completed under separate agreements. The Agreement will appear on the regular City Council agenda Monday, August 10, 1998. BLACK DUCK LIFT STATION The original proposal for this project was to relocate the Black Duck lift station to the easement across Black Duck Drive on Captains Place. Dave stated that he is now proposing to keep the station in place but modify the station. Dave went over the projected costs and modifications. Special coatings are included in the estimated costs. He indicated spring, 1999, for construction of the project. Neighbors have complained about the alarm that sounds quite frequently on the current lift station. It was the consensus of the Council for this item to appear on the August 24, 1998, regular City Council agenda. CITY ATTORNEY CONTRACT This item was tabled until the next Council Work Session. In reference to the Hill request, John suggested the option of initiating the right-of-way acquisition of all parcels on Elm Street where additional right-of-way would be required. Kim stated the widening on Elm Street may not occur for a long time. She stated she will support this option if there is justification that the widening on Elm Street will happen in the near future. Kim asked Dave Ahrens to determine how many properties will be required to dedicate right-of-way so that there would be consistent right-of-way on Elm Street. COMPREHENSIVE PLAN UPDATE Brian passed out a meeting schedule listing meetings through October 26, 1998. The schedule indicates the Comprehensive Plan will come before Council on October 26, 1998. It will be submitted to the Metropolitan Council on November 13, 1998. Kim stated she is not available for the October 16, 1998, meeting. She asked the schedule be posted on the door of City Hall. She wants the schedule noted"Special Council Meetings". She stated it is very important the all Council Members attend the final meetings. Council needs to review the Comprehensive Plan and put in writing any concerns they have about the Plan. She asked that all written concerns be presented at the next Council Work Session. She indicated it will be very irresponsible of the Council to wait until the Comprehensive Plan comes before Council to voice any concerns. Caroline stated she wanted to see the Plan written as it will come before Council. Brian indicated the Plan will be in draft form at the meeting recaps. Kim stated the level of communication needs to increase regarding the Comprehensive Plan and the citizens of 3 CITY COUNCIL WORK SESSION AUGUST 5, 1998 Lino Lakes. Brian stated there is a communication plan in draft form. He will go over the communication plan at the Council meeting on Monday, August 10, 1998. John noted the City should pay for an insert to be included in The Quad. He said that even if it costs the City some money, the City must start improving communications with its citizens. Caroline suggested flyers be placed in residents paper boxes. It was the general consensus of the Council that staff proceed with improvements to communicating the Comprehensive Plan to the citizens. CIVIC COMPLEX UPDATE Brian invited everyone present to visit the Civic Complex Site. He stated visitors must check in with the Superintendent. The project is on schedule and weekly meetings are being held. Construction bids have been awarded. The next bid package is due September, 1998. JOINT MEETING WITH THE CITY OF HUGO Marilyn passed out a preliminary draft of the meeting minutes. This item was taken off the agenda so the City of Hugo and White Bear Township can also review the minutes. She asked Council and staff to review and make any corrections necessary. MINNESOTA DEPARTMENT OF CORRECTIONS UPDATE David Pecchia referred to a letter from Anoka County regarding the expansion of the Minnesota Department of Corrections facility in Lino Lakes. He stated the facility was designed for expansion. The facility will double in size and the impact on the City is minimal. He indicated his only concern is of a break out during transportation to the facility. The prison will be very secure. REGULAR AGENDA,AUGUST 10, 1998 Brian noted the EDA meeting on Monday August 10, 1998,has been canceled. DISCUSSION OF PDI CONTRACT Kim asked for support regarding sending a letter to Mr. Nick Dragisch stating he is no longer a candidate for City Administrator. She also asked that a review of the PDI contract be conducted in regard to performance. She stated an evaluation should be made regarding any guarantees from PDI for a candidate for the position. Council directed staff to pursue the review and evaluation. Kim stated she would write the letter to PDI. David Pecchia stated a closed Council meeting will be held on Monday, August 10, 1998, at 4:00 p.m. �.. 4 CITY COUNCIL WORK SESSION AUGUST 5, 1998 Kim stated that Council has asked David Pecchia to continue as Interim City Administrator based on Council evaluation. David agreed to continue until January 1, 1999. There will be a press release regarding this decision. The meeting was adjourned at 9:02 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on August 24, 1998. Marilyn G. Anderson, City Clerk mberly livan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. s CITY COUNCIL WORK SESSION JULY 22, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : July 22, 1998 TIME STARTED : 6:22 p.m. TIME ENDED : 9:56 p.m. MEMBERS PRESENT : Council Members Bergeson,Dahl,Lyden, Neal,Mayor Sullivan MEMBERS ABSENT : None Staff members present: Community Development Director,Brian Wessel, Planning Coordinator, Mary Kay Wyland; City Engineer, Dave Ahrens; Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; Community Development Coordinator, Mary Alice Divine; Parks and Recreation Director, Rick DeGardner; Finance Director,Mary Vaske; Building Official, Pete Kluegel;and City Clerk,Marilyn Anderson CIVIC COMPLEX PROJECT CONSTRUCTION MANAGEMENT PROCESS Brian gave an overview of the budget for the Civic Complex. He stated that the bids were received yesterday. He went over the project costs which will be a total of $7,700,000.00. Construction costs are $6 million dollars. Brian went over the bids with the Council. He stated that the Council will be asked to award the bids on Monday night, July 27, 1998. Chris asked about a problem regarding Adolfson&Peterson bidding on the project and also working as the construction manager. Mr. Craig Kronholm,A&P,explained that Mr. Scott Johnson will be on site as the construction manager. Someone else will be working as the project manager. Mr. Johnson noted that only one bid was received for roofmg. He stated that the bid came within the estimated budget. Obtaining many roof bids at this time of the year is very difficult. Brian stated if there are any changes to the bids,they will be noted Monday night. He will be asking Council to award the contract to the low bidders. Brian reviewed the Cost Allocation Procedure. He stated that he will be asking the Council for approval of this procedure on Monday night. The Cost Allocation Procedure allows for flexibility to control the project costs. This procedure includes a provision that allows the City Administrator to make changes in the project of$10,000 or less. A report 1 CITY COUNCIL WORK SESSION JULY 22, 1998 outlining the changes will be provided to the Council from time to time. All change _ orders exceeding $10,000 would require Council approval. Kim stated that it must be noted in the motion for approval that this procedure is"going outside of policy". CONSIDERATION OF PLANNING ISSUES Site Plan Review,MnDOT Communications Tower-Mary Kay explained that MnDOT has requested a site plan review for a 260 feet communications tower to be located at 7525 4th Avenue within the Department of Corrections facility site. MnDOT does not need permission from the City of Lino Lakes to construct this tower because of State legislation. The tower will be used by the Minnesota Department of Transportation (MnDOT),the Anoka County Sheriff's office, and 911. A building permit will be required. Property owners within 1,000 feet have been notified. Mary Kay stated that towers not exceeding 200 feet in height are allowed in the City Code. Because there is nothing the City can do regarding this issue,the report is for informational purposes only. A representative from MnDOT will be present at the July 27, 1998, Council meeting to answer questions. Kim stated she wanted an assurance from MnDOT regarding safety issues. In addition, she asked that Anoka County Airport, the Sea Plan Base, and the Lino Air Park be informed of this meeting. David Pecchia noted that from a public safety standpoint, the tower is beneficial. Consideration of a Minor Subdivision,James Hill-Mary Kay explained that Mr. and Mrs. Hill are requesting a minor subdivision and variance for the property at 302 Elm Street. Mr. and Mrs. Hill object to dedicating a 14 foot right-of-way to the City without compensation. They have no objection to the Park Dedication fee. The current City policy is to not compensate property owners for dedicated road right-of-way when they request a subdivision. Mr. and Mrs. Hill have refused to deal with staff and want to negotiate directly with Council. It was the consensus of the Council that the current land dedication policy be followed. Kim directed staff to give Mr. and Mrs. Hill the option of waiting to subdivide until Elm Street is upgraded. The City will have to purchase the right-of-way at that time. Mary Kay was asked to advise Mrs. Hill of the guidelines for addressing the Council prior to the meeting. CITY ATTORNEY CONTRACT Bill stated that it is very reasonable to review contracts. He gave a brief overview of his legal history. He is currently the city attorney for the City of Andover and the City of 2 CITY COUNCIL WORK SESSION JULY 22, 1998 Anoka. He stated that he enjoys working for Lino Lakes as do other attorneys and staff in _ his office. He has prepared a new contract for Council review. Caroline stated that it is good business practice to review existing contracts every year. She recommended that the City obtain bids or RFP's from other attorneys to be sure the City is getting the proper services for the proposed fee. John noted the fees proposed by Bill and said they were very reasonable. John and Andy indicated that it is a good idea to update all City contracts. Chris stated that he would like to have some discussion with Bill prior to his making a decision on this matter. Kim expressed concern regarding management changes within the City. She stated that she has discussed her concerns with Bill. She noted that Bill should be more proactive on items that appear in the packets. Any red flags should be brought to Council directly. This issue will be discussed further at the next Council Work Session. TECHNOLOGY DISCUSSION WITH CENTENNIAL SCHOOL DISTRICT Rick explained that the Centennial School District will allow the City to use their phone system at the new City Hall and the Police Department. He noted the advantages for the City and the School District. The City will be saving $40,000-$50,000 in start up fees and maintenance costs will be$250 per month. The City will also have access to the Internet. John expressed concern regarding voice mail, future availability of a City system, reliability and security. Charlie Kretsch, Centennial School District, explained that the system offers voice mail as well as other feature. The system is designed to be easily split if necessary. The emergency system for the Police Department will be separate to guarantee privacy. Security of voice mail is also guaranteed and the City's system will have the new area code. There are only two(2)people within the system that can access the system to make necessary changes. City upgrades of the system will be independent of the School District portion of the system so that either the City or the School District can purchase upgrades independently. Service agreements will be required. It was the consensus of the Council to have staff negotiate an agreement with the School District. The agreement must come before Council for approval. AUDITOR'S CONTRACT/EXTENDED PROCEDURES ,,.* David Pecchia updated the Council regarding the auditor's contract and the extended procedures billing for work involved with the Hoff investigation. He has asked Rob Tautges to provide a detailed billing so that all costs can be identified. The current 3 s, CITY COUNCIL WORK SESSION JULY 22, 1998 contract was approved at the August 12, 1996 Council meeting. The minutes of that meeting include a statement by Mr. Schumacher that a 30 day escape clause was included in the contract. However,the clause is not in the contract. David Pecchia will write a letter to Tautges terminating the contract and request negotiation on the extended procedures billing. Since the 1997 audit has been accepted by Council, it was the consensus of the Council to pay for the current audit only. GEORGE HOFF INVESTIGATION/EXTENDED PROCEDURES Since this matter involves personnel matters, a closed Council meeting was scheduled with George Hoff for Monday, July 27, 1998, 5:30 p.m. to discuss extended procedures. Kim asked that a Request for Proposals (RFP)be prepared. She also noted that the City should have a policy that all final drafts of contracts come before Council for their review before they are executed. SECOND QUARTER BUILDING DEPARTMENT Pete reviewed the Second Quarter Building Department Report which detailed building permits and revenue generated from the building permits. He noted that 32 of the 115 building permits were for townhomes. This matter is on the July 27, 1998 Council agenda. Kim stated that until further notice, all department heads must attend the work session meetings. This policy will be reviewed in the future. DISCUSSION OF AUDIT EXECUTIVE SUMMARY REPORT AND STAFF RECOMMENDATIONS REGARDING CONCERNS NOTED IN THAT REPORT Kim asked about action that staff is taking to implement recommendations from the Executive Summary Report. Mary went over the report and recommendations. She explained what actions the staff is taking and stated that many of the recommendations just need to be affirmed and monitored. She noted that she has asked all department heads to come up with new ideas for additional revenue. John suggested designating dollars to implement suggestions from the audit or to pay for any additional audit work. He suggested that the responses to suggestions from the 1997 audit be given to the new audit firms when receiving bids. CONSIDERATION OF LIST OF CONTRACTS Marilyn presented a list of active contract files.The files included contracts that are currently active, Joint Powers Agreements, construction contracts and planning contracts. She stated she has no information on development contracts. 4 CITY COUNCIL WORK SESSION JULY 22, 1998 Kim stated that all contracts need to be up to dated. She directed David Pecchia to work _ with Marilyn to get the contracts updated and establish a policy for reviewing contracts. She asked if there is a place that the City policies are kept. Marilyn indicated that she has a file for all City policies. John stated that the City's policies should be kept in a booklet. Kim asked David Pecchia to report back with an update regarding the contracts and policies in a month. Brian stated that he will provide the Council with all development contracts. The Development department keeps their own files. COMPREHENSIVE LAND USE PLAN UPDATE Brian stated that on July 23, 1998, 6:00 p.m., a Comprehensive Task Force meeting will be held regarding Birch Street and transportation policies. On July 30, 1998,a Comprehensive Task Force meeting will be held in the work session format regarding Commercial/Industrial development. He encouraged everyone to attend. Kim asked if the transportation concerns brought up by the Council have been addressed. Brian stated that revisions are currently being made. Chris suggested that the Comprehensive Plan be addressed in a moderate growth scenario and a slow growth scenario. Kim noted that the Comprehensive Plan is an overall copulation of citizens concerns and will not satisfy all people. Chris suggested that the citizens of Lino Lakes vote on a moderate growth plan or a slow growth plan. Kim stated that most citizens do not have the detail and background on what is involved in a Comprehensive Plan. Two (2) plans are not representative of the citizens of Lino Lakes. John noted that the Comprehensive Plan is a land use plan and the report should focus on land use only. Kim asked Caroline and Chris to contribute their ideas to the plan. She felt it is very important to not fragment the community. She asked that the Council come to some consensus because the Council provides the leadership for the community. The Comprehensive Plan Task Force cannot start over with a new plan. They need to make the current plan work so everyone can live with it. Kim encouraged Chris and Caroline to participate in the Comprehensive Plan discussions. Chris stated that his ideas have been met with roadblocks. He stated the current plan will not have full support of the Council. He asked about regulatory mechanisms of the Comprehensive Plan. Kim stated that regulatory mechanisms within the plan are being addressed. There are many pieces to the Comprehensive Plan. It will involve goals and reviews. Chris stated that he believes the City can achieve all its goals with a slow growth plan. John asked for an update regarding Birch Street. Brian stated that there has been a lot of confusion regarding Birch Street. Birch Street will be directly addressed at the next Comprehensive Plan meeting. Chris asked how much influence the City has regarding 5 i CITY COUNCIL WORK SESSION JULY 22, 1998 County roads. Brian stated that the City is in partnership with the County. The City does have input regarding County roads. DISCUSSION OF POLICY ON REPLACING DAMAGED SPRINKLER HEADS FROM STORM CLEANUP,DAVE AHRENS Dave Ahrens explained that he has received phone calls from property owners regarding damaged sprinkler heads due to the storm cleanup. He stated that the current policy is that property damage is the responsibility of the property owner if damage occurs due to snow removal. He asked if the Council wanted to support the same policy regarding the sprinkler heads. It was the consensus of Council to direct Dave to inform the property owners that the City is not responsible for damage to sprinkler heads due to the storm cleanup. STORM UPDATE, DAVID PECCHIA pp u.Q. David Monsinformed the Council that the June, 1998, storm will be combined with the May, 1998 storm and the Federal Government will fund 80%of the dollars spent on storm cleanup including overtime, contracts, and seasonal employees. The State will fund 10%of the storm cleanup and the City will fund 10%. David is currently working on a plan that would have the State fund the City portion as well. JOINT MEETING WITH THE CITY OF HUGO,DAVID PECCHIA David asked the Council if anything needed to be added or deleted from the Agenda for the Joint Meeting with Hugo. He asked the Council Members to let him know if they are unable to attend the meeting. ELM STREET TRAIL,ANDY NEAL Andy explained that citizens have contacted him asking when the trail from the Senior Complex to Sunset Road will be completed. Dave Ahens gave the background regarding this issue. He stated that the City had a mutual agreement with the developer of the Senior Complex that the trail would be completed when the homes are completed. Now, most of the homes have been completed. Dave stated that he has made the initial contact to get the trail completed. Caroline asked what is being done with the trail in Trapper's Crossing. Rick indicated he is working with the developer to install the trail. Kim gave an update regarding the Reshanau Lake Trail. She stated that she has visited the area. Residents feel that the Homeowners Association is not representing all the members. Since the City has to work through the Homeowners Association Board to 6 CITY COUNCIL WORK SESSION JULY 22, 1998 resolve this issue, she is meeting with Ms. Barb Moes this Friday to get input from the members of the association. She encouraged the Council to visit the area. REGULAR AGENDA,JULY 27, 1998 Item 5, Consideration of a City Administrator's Contract, has been deleted from the July 27, 1998, Agenda. The candidate selected for the position has notified Kim that he has accepted a position with the City of Spokane Washington. The meeting was adjourned at 9:56 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on August 10, 1998. Marilyn G. Anderson, City Clerk K#er . lli an, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 7 COUNCIL MINUTES July 27, 1998 CITY OF LINO LAKES MINUTES DATE : July 27, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 8:26 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl,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; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Environmental and Forestry Coordinator, Marty Asleson; Finance Director, Mary Vaske; Planning Consultant, Al Brixius; Community Development Coordinator, Mary Alice Divine; and City Clerk Marilyn Anderson SETTING THE AGENDA Mr. Tesch stated that Item 6E has been removed from the Agenda. He also added Thursday, August 6, 1998, 9:00 to 4:00 p.m., Council Meeting, Wargo Nature Center,to the Community Calendar. CONSENT AGENDA Mayor Sullivan corrected the July 8, 1998, Work Session Minutes,page 10, paragraph 4, to read "other options looked at"regarding the Severe Weather Policy. Council Member Lyden moved to approve the amended Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: July 8, 1998 Work Session Approved July 13, 1998 Approved DISBURSEMENTS: July 27, 1998 Regular Disbursements (Check No. 51705-51861, $1,421,468.55) Approved July 10, 1998 SAC (Check No. 51582-51631, $32,306.09) Approved 1 COUNCIL MINUTES July 27, 1998 July 17, 1998 SAC (Check No. 51672-51704, $18,159.84) Approved Mayor Sullivan informed those present and those watching that if they did not have cable today, you may call the local cable company and receive credit for one day. Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared for open mike. CONSIDERATION OF THE SECOND QUARTER BUILDING DEPARTMENT REPORT,PETE KLUEGEL Mr. Kluegel referred to the second quarter report from the Building Department. He gave a brief overview of the report noting that a total of 431 building permits were issued through June 30, 1998. He asked Council to approve the report as presented. Mr. Wessel noted that he was very happy that both Commercial and Industrial activity has increased over the second quarter from 1997. Council Member Bergeson asked if there were any permit problems regarding repairs due to the storm damage. Mr. Kluegel stated there were 66 permits issued for roofing repairs from the storm. He indicated there had been no problems with the permits. Council Member Neal moved to approve the Second Quarter Building Department report as presented. Council Member Dahl seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT, MARY VASKE Consideration of Resolution No. 98 - 119, Transferring Funds from Area and Unit Fund to G. O. Improvement Bonds, 1992A- Ms. Vaske stated that the 1992A bonds were sold to finance various projects including the West Central Trunk Project. In 1995, TIF funds were transferred to the Area and Unit Fund to help defray the cost of the West Central Trunk project. Annually,the City should transfer funds from the Area and Unit fund to cover the bond costs of the 1992A Bonds. Ms. Vaske noted that the Area and Unit Fund projections were presented to the Council in March, 1998. These transfers were included in the projections. Council Member Bergeson moved to adopt Resolution No. 98 - 119, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. 2 COUNCIL MINUTES July 27, 1998 Resolution No. 98 - 119 can be found at the end of these minutes. Consideration of Resolution No. 98 - 120, Transferring Funds from General Fund to Gas Utility Fund for Closure-Ms. Vaske explained that in the late 1980.'s,the City was researching the possibility of owning it's own gas utility. In 1997, it was decided to investigate the option of collecting franchise fees from gas utilities other than Circle Pines. The City currently receives about$40,000 a year from Circle Pines each year. Ms. Vaske stated that because the City has changed its course,the fund should be closed since there will not be an enterprise fund. The expenses to date are for legal help in exploring the option of franchise fees. Since the franchise fees from Circle Pines have been deposited in the General Fund,this seems the logical fund to transfer from. Ms. Vaske noted this is a recommendation in the 1997 audit management report. Council Member Lyden moved to adopt Resolution No. 98 - 120, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 -120 can be found at the end of these minutes. CONSIDERATION OF A CITY ADMINISTRATOR'S CONTRACT, DAN TESCH Mr. Tesch referred to a press release that was dated on Friday, July 24, 1998. It stated that the chosen candidate for the City Administrator's position had accepted another job out of state. A meeting will be held on Thursday,July 30, 1998,to discuss other options regarding this position. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/AL BRIXIUS Consideration of Minor Subdivision,James Hill,302 Hill Street-Mr. Brixius stated that James and Janet Hill own the property at 302 Elm Street and would like to split the parcel into two (2). The property is Zoned R-1 Residential, located within the MUSA Boundary and serviced by City sewer and water off of Snow Owl Lane. The Hill's recently purchased Outlot A, a 35' x 209' strip of property originally platted as a part of Wenzel Farms 3rd Addition. This purchase has made it possible for them to connect the existing home to sewer and water. The proposed subdivision would split the original parcel and Outlot A into two (2) lots as follows: Parcel A (containing homestead) approximately 125 x 135 for 16,875 square feet. Parcel B 101 x 125 for 12,625 square feet. The City's Subdivision Ordinance, Section 1001.07 Design Standards Subdivision 10 provides as follows: 3 COUNCIL MINUTES July 27, 1998 Additional Right-of-Way. Where subdivision abuts or contains an existing street of inadequate width, additional width shall be provided to meet the required standards. The right-of-way for Elm Street, in this location, is 66 feet. Elm Street is classified as a collector roadway, and as such, the City code indicates a standard right-of-way.width of 80 feet. Therefore, the City needs and additional 14 feet of right-of-way in this location. Mr. Brixius referred to the exhibit which showed that adequate right-of-way had been dedicated along Elm Street from all but a few properties, including the one in question. Mr. Brixius stated that Mr. and Mrs. Hill have objected to the dedication requirement and would prefer compensation for the right-of-way and the trees located on the right-of-way or an adjustment in their utility assessment. The Planning and Zoning Board was advised that this is a determination for the Council to make. Mr. Brixius explained that regarding the subdivision request, the Zoning Ordinance requires a minimum lot area of 10,800 square feet in the R-1 Zoning District. Corner lots must be a minimum of 100 x 135 and interior lots a minimum of 80 x 135. Parcel A meets the requirements of the Ordinance with no additional right-of-way dedication but is approximately 10 feet deficient if lot depth with the dedication of 14 foot right-of-way. (This assumes that Elm Street is the front property line.) The total area for Parcel A is 15,125 square feet after right-of- way dedication. Parcel B is 12,720 square feet in area, adequate in lot width and 10 feet deficient in lot depth thereby requiring a variance for lot depth. In May of 1992, the Council passed a Resolution granting a"blanket"variance to lots immediately south of this subdivision. The blanket variance was for Lots 5 through 13 in Ulmers Rice Lake Addition that allowed the existing 150 feet wide lots to split off the eastern portion of their property into two (2) 75 foot wide lots. Utilities were provided along Snow Owl Lane for two(2) service stubs per 150 foot wide parcel in Ulmers Rice Lake Addition. Of the nine(9)lots referenced in the Resolution, only two (2)remain vacant, Resolution No. 92 - 64 detailing the rational for granting the blanket variances is available for Council information. Mr. Brixius stated that two (2) service stubs were provided for the parcel in question tonight along Snow Owl Lane. The lots in question will be 125 feet deep rather than the required 135 feet with a total lot area of 12,625 square feet for Parcel B, and 15, 125 square feet for Parcel A. The lots with the blanket variance have an average of 10,875 square feet of lot area at 75 x 145. Mr. Brixius noted that the Planning and Zoning Board recommended approval of this minor subdivision and variance at their July 8, 1998, meeting with the condition that the additional right-of-way be dedicated as recommended by staff. Mr. Brixius stated that staff recommended approval of minor the subdivision and variances with two (2)conditions: l. An area approximately 14 x 90 be dedicated for right-of-way purposes. 4 COUNCIL MINUTES July 27, 1998 2. A$500 Park Dedication fee be collected for the newly created lot prior to recording the subdivision with Anoka County. Mrs. Janet Hill, 298 Elm Street, came forward and stated that she had contacted Council Members and given them the background regarding her property. She presented the background again. She indicated that she has spend a lot of money on her property. The total right-of-way dedicated to the City will cost her an approximately $9,222. She asked the Council to trade the sewer hook-up fee for the right-of-way the City is asking for. She noted that Council should speak to the neighborhood regarding the widening of Elm Street and alternative proposals. Mayor Sullivan stated this issue was discussed at the last Council Work Session. She asked if staff had contacted Mr. and Mrs. Hill since that meeting. Mr. Wessel stated that staff attempted to contact Mr. and Mrs. Hill. He indicated the Hill's would not speak to staff but wanted to address Council directly. Mrs. Hill stated that she was not invited to the Council Work Session. She was asked by Ms. Wyland to discuss the issue with staff. She stated she has already spoken with Mr. Ahrens. Mayor Sullivan stated that she understood the variance granted for Wenzel Farms was because of lot size. She asked if there was any compensation for the sewer and water hook-up. Mr. Brixius stated that the variance was granted due to lot size. He stated that he was not present in 1991 so he was unsure of any compensation for hook-up. Mayor Sullivan asked if Outlot A was purchased from Mr. Hokanson. Mrs. Hill indicated that they did purchase the outlot. Mrs. Hill said there was a verbal agreement with the City to purchase the lot from Mr. Hokanson, however,the sale was not completed until recently. Mayor Sullivan asked if the trees in the right-of-way would be removed. Mr. Ahrens explained that upon reconstruction of Elm Street it is possible the trees will have to be removed, subject to Council approval. He stated it is likely the reconstruction can work around the trees. Mrs. Hill asked if the trees can survive that close to the street. She asked where the snow removal placement will be. Mr. Ahrens explained that there should be enough room on the right- of-way for the snow removal. Mayor Sullivan asked about sewer assessment compensation. Ms. Anderson indicated there was no compensation from the City for the sewer connections on the Ulmer's Rice Lakes addition lots. They were charged the same rate as the lots in the Wenzel Farms subdivision. Mayor Sullivan asked if Mrs. Hill is required to update her septic system. Mrs. Hill stated that if she continues to live in the home she does not need to update the septic system. If the home is sold the State Statute will require an updated septic system. n Mr. Kluegel noted that a"cesspool"is considered a septic system failure. It does not meet City Code. 5 COUNCIL MINUTES July 27, 1998 Mr. Ahrens stated that City Code states that if a septic system fails,the property must be hooked up to City sewer and water if available. Mrs. Hill stated that City sewer and water is not available to her unless she pays for it. Council Member Lyden invited Mrs. Hill to the next Council Work Session to discuss the issue and reach a fair decision. Mayor Sullivan indicated that is an option. She stated Council can approve the subdivision and the variance because it was grandfathered the 1992 blanket variance. Council Member Neal asked if Mrs. Hill had enough time if the matter is tabled until the next Council-Work Session. Mrs. Hill stated that time is a factor as she would like to sell the property before school starts. She indicated that the next Council Work Session will be adequate. Council Member Bergeson agreed that the issue needs more discussion. He stated that the packet received from Mrs. Hill has more information than previously received. Council Member Bergeson moved to table Consideration of Minor Subdivision, James Hill, 302 Elm Street, until the August 10, 1998, Council meeting, with discussion at the August 5, 1998, Council Work Session. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, Minnesota Correctional Facility, 7525 4th Avenue (MnDOT Request for Communication Tower) - Mr. Brixius stated that the Minnesota Department of Transportation(MnDOT)has requested a site plan review for a communications facility to be located at 7525 4th Avenue within the Department of Corrections facility site. The communication facility will include a lattice tower with antenna having a total height of 260 feet, shelter building, an AC backup generator, and an LP gas tank. The.facility use will be for Emergency Medical Services,the Minnesota State Patrol, MnDOT, and other State and regional agencies,with additional capacity for commercial users. Mr. Brixius stated that the following design items are being suggested to reduce the impact of the antenna on Lino Lakes: 1. The tower be made available to commercial personal wireless communication companies to reduce the need for additional antenna towers in Lino Lakes. 2. No advertising signage be permitted on the antenna tower. 3. The color of the antenna tower should be silver or light blue to reduce the visual presence of the tower. 4. Antenna illumination should be limited to solely FAA approved lighting. 6 COUNCIL MINUTES July 27, 1998 '^ Mr. Lynn Ness, Minnesota Department of Transportation, came forward and stated that the tower meets all requirements established by the Office of Aeronautics. He referred to the private airpark and said it falls under the control of the FAA. He stated that MnDOT agrees with all of the design items suggested by the City. There will be no advertising signage on the tower, MnDOT hopes to obtain reciprocal agreements with commercial communication companies, lighting is approved by the FAA, and the antenna will be a gray galvanized steel. Council Member Neal asked if the DNR has approved the tower because of the potential problem with birds. Mr. Ness explained that the tower does not have guide wires so birds should not have a problem. Council Member Lyden asked how long technology will have to depend on this type of tower. Mr.Ness stated that because satellite technology is not totally reliable yet,the towers will be used for 25-30 years. Mayor Sullivan stated that the tower was initiated by MnDOT, not the City. The City does expect MnDOT to work with the City and the tower does support public safety issues. She asked if staff has notified the Sea Plane Base. Mr. Wessel indicated that the Sea Plane Base has been notified regarding this tower. Consideration of Resolution No. 98- 114,Accept Bids and Award Contracts for Bid Package No. 2, Civic Complex- Mr. Wessel explained that Bid Package No. 2 for the Lino Lakes Civic Complex includes all the construction contracts for structural steel (erection only), asphalt paving, concrete and masonry,miscellaneous metals(material only), casework, general construction, roofing, aluminum windows and doors, drywall, tilework, acoustical ceilings/wall panels, flooring,painting,metal lockers,partition, mechanical, electrical and fire protection. Adolfson&Peterson(A& P), the construction manager, separated the bid packages in response to the Early Childhood Center's occupancy deadline. The first bid package was approved by the Council on May 26, 1998. Adolfson& Peterson supervised the opening of the bids for the second bid package on Tuesday, July 21, 1998, at 2:00 p.m. at City Hall. Mr. Wessel went over the Civic Complex Bid Schedule. He gave an update regarding the bid package to the Council Members and briefly gave an overview of the bids. He stated that the construction total of$6 million has been guaranteed. A & P will complete additional value engineering of electrical and mechanical to ensure the budget does not exceed$6 million. A list of alternates has also been developed to ensure the project remains within the budget. Mr. Wessel requested Council approval for Bid Package No. 2, Civic Complex. Council Member Bergeson noted that the previous low bidder for general construction was not on the updated bid package. Mr. Kronholm, Adolfson&Peterson, explained that he had received a letter from the low bidder asking that their bid be removed. n 7 COUNCIL MINUTES July 27, 1998 Council Member Lyden asked why the bid from Arrow Sprinkler was much lower than the other, bids regarding Fire Protection. Mr. Kronholm explained that the bidding market is a tough market. He believes that Arrow Sprinkler wanted the job very badly. Council Member Dahl questioned the mechanical bids. Mr. Kronholm explained that the entire package had 20 alternates. When bids come in they are reviewed. It is then decided which alternates should be part of the project. This process is a standard part of the bidding process. Council Member Neal stated that there should be no change orders on the project because of the expertise that went into the bidding of the project. Mr. Kronholm stated that they will try to avoid change orders. A& P has guaranteed the budget of$6 million. There is no room for change orders. He stated that if Council want to add something to the project the budget must be increased. Mr. Kronholm thanked Ms. Divine for her time and effort regarding the project. Council Member Bergeson moved to adopt Resolution No. 98 - 114, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 114 can be found at the end of these minutes. Consideration of Cost Allocation Procedure,Civic Complex-Mr. Wessel explained that as construction progresses on the Civic Complex,the allocation of funds will be needed on a daily basis in order to keep construction running smoothly and on schedule. One method of approval of these changes is to have a Cost Allocation Procedure (CAP) during the construction period whereby an authorized individual can verbally approve small changes that are within the $6 million budget. Ms. Mary Alice Dive, as the project representative, with backup from myself and Mr. John Powell of TKDA, will make the on-site decisions as needed regarding necessary changes to the construction documents. To provide a system of checks and balances,the Council could authorize: * A limitation on the size of a CAP that can be approved without prior Council review. Every CAP item under that authorized amount will be itemized on the next Council disbursement. * If a single CAP exceeds the mount set by the Council, it will be placed on the next Council agenda for approval. * If a change order exceeds the $6 million budget, it will be placed on the next Council agenda for approval. Mr. Wessel noted that the guarantee for the opening of the Early Learning Center has been changed to December 23, 1998, due to delays caused by the storm damage. That date has been accepted by the Centennial School District. Mr. Wessel asked Council to approve the Cost Allocation Procedure. 8 COUNCIL MINUTES July 27, 1998 Council Member Dahl asked how much are the bids under the $6 million budget. She stated that she is curious about flexibility. Mr. Wessel indicated they are currently $115,000 under budget. He stated that the $10,000 figure for the Cost Allocation Procedure is a workable one. Mayor Sullivan stated that Council needs to be informed when transfers are made. She would like this to be one of the stipulations of the proposed CAP. Mr. Wessel stated that Council will be informed when any transfers are made. Mayor Sullivan requested that each payment be fully documented. She does not want to reach the $6 million budget if the project can be completed for less. The Change Order Policy stipulates there is a percentage limit. She asked that this also be included as a stipulation of the CAP. Council Member Neal noted that he will vote against any change orders. Council Member Bergeson moved to approve the Cost Allocation Procedure with two (2) added conditions: 1. Council receive specific updates regarding transfers that are made. 2. Current Change Order Policy be considered. Council Member Dahl seconded the motion. Council Member Dahl stated that there could be five (5)change orders at$10,000 and still be under budget. She stated that if there are a series of change orders Council should be notified. Mayor Sullivan stated that all transfers must be brought to the Council's attention at the next meeting. Motion carried unanimously. Consideration of Resolution No. 98 - 120,Authorizing Application for the Livable Communities Demonstration Program -Upon adoption of the Agenda, this item was removed. Comprehensive Land Use Plan Update-Mr. Wessel stated there is a Comprehensive Plan Task Force Meeting on Thursday, July 30, 1998. The meeting will be held in the work session format and will address the transportation plan due to the feedback received at the last meeting. Mr. Brixius will address the commercial policy. The August, 1998,meeting schedule will be determined at this meeting. ,.� Council Member Neal noted that there did not appear to be many people at the last meeting. Mr. Wessel explained that the meeting was the 5th meeting regarding Birch Street and was held in the neighborhood meeting format. He encouraged everyone present to attend the meeting. 9 COUNCIL MINUTES July 27, 1998 Council Member Neal noted that he invited Ms. Margaret Langfeld to the meeting. Mayor Sullivan noted that Comprehensive Plan Task Force members are unsure whether to sit at the large table or to be part of the crowd. Council Member Lyden stated it is the duty of the Council to listen to the citizens of Lino Lakes. He suggested Council send a directive to the Comprehensive Plan Task Force that any plan containing a four(4) lane road for Birch Street will not be accepted. Mayor Sullivan stated if that directive is sent to the Comprehensive Plan Task Force,the City Council is limiting the Task Force. She stated it would be irresponsible of the Council to send that directive. The responsibility of the Comprehensive Plan Task Force is to look at all options. The Task Force is aware of the opposition to the four(4) lane Birch Street proposal. Council Member Lyden stated that in his opinion a four(4) lane Birch Street is not an option. Council Member Neal asked if the City of Hugo is trying to develop a road that connects to Birch Street. Mr. Ahrens indicated he is not aware of any such plans. Hugo is developing a road that connects to Cedar Street. Mayor Sullivan stated that the City of Hugo is also putting together a transportation plan. Their plan and alignment with the Lino Lakes Comprehensive Plan will be discussed at a joint meeting on Thursday, July 30, 1998. Council Member Bergeson asked for a clarification of time regarding the Comprehensive Plan Task Force meeting on Thursday, July 30, 1998. Mr. Wessel indicated the meeting time is at 6:00 p.m. Ms. Donna Carlson, 6808 East Shadow Lake Drive, came forward and asked if the time of the meeting can be changed to 7:30 p.m. She indicated that the meeting has most often been advertised at 7:30 p.m. Mayor Sullivan stated that the City Hall door and cable television advertises the meeting time at 6:00 p.m. Ms. Carlson stated that the receptionist at City Hall told her the time was at 7:30 p.m. Mayor Sullivan stated that the meeting will begin at 7:30 p.m. because of the confusion. Mr. Jim Crowl, 6618 East Shadow Lake Court,came forward to present Council with 452 letters from citizens that oppose the upgrade of Birch Street to a four(4) lane road. He noted that the letters include letters from Council Member Dahl, Council Member Lyden, and Council Member Neal. He asked Council to follow the directive from the citizens of Lino Lakes. Mr. Joe Zych, 6478 Tomahawk Trail, and Ms. Karen Graber, 1997 Birch Street, came forward to show support of the citizens opposed to the four(4) lane road. Mayor Sullivan stated that it is Council's decision regarding what action is taken. She indicated that she feels the Comprehensive Plan Task Force should be able to do their job. It is their responsibility to make a recommendation regarding the Comprehensive Plan to the Council. The 10 COUNCIL MINUTES July 27, 1998 Council does have the final say. Council Member Neal asked if the letters must be submitted to Ms. Anderson to be legal. Mayor Sullivan indicated the letters do need to be submitted to Ms. Anderson. Ms. Carlson stated that she will leave the letters with Ms. Anderson. She noted the letters are not a legal petition. She stated that she does not want certain names thrown out because the proper forms were not filled out. Mr. Hawkins stated that if the letters are to be part of the record,they must be submitted to Ms. Anderson. Council Member Bergeson suggested a motion be made to accept the letters and make them part of the record. Mayor Sullivan stated that Council may accept the letters into the record and include them in the discussion of the Comprehensive Plan Task Force meeting on Thursday, July 30, 1998. Council Member Lyden stated he wanted a directive sent from the Council and the letters accepted. Council Member Bergeson stated that he would like to get up to speed regarding all details and discussion before Council takes any action. Council Member Lyden asked for a five (5)minute recess. Mayor Sullivan made a motion to formally except the letters into the record and directed staff to present the letters to the Task Force for their consideration. She thanked the citizens for their input and stated the letters will be considered regarding all options at the Comprehensive Task Force meeting on Thursday, July 30, 1998. Council Member Bergeson seconded the motion. Motion carried with Council Member Dahl and Council Member Lyden voting no. CITY ENGINEER'S REPORT,DAVID AHRENS Consideration of Resolution No. 98 - 115,Accept Bids and Award Construction Contract, 1998 Wear Course and Trail Paving Project-Mr. Ahrens stated the sealed bids were received and opened on Tuesday,July 21, 1998, for the 1998 Wear Course and Trail Paving project. Council action is required to award a construction contract to the lowest responsible bidder. Mr. Ahrens explained that the Council ordered the 1998 Wear Course and Trail Paving project on June 22, 1998. On July 21, 1998, two (2) sealed bids were received and opened with the following results: North Valley, Inc. $235,414.50 Midwest Asphalt Corp. $349,783.10 Engineer's Estimate $329,346.50 The number of bids received represents the late bid timing for the 1998 construction season. The bid by North Valley, Inc., is approximately 29% below the engineer's estimate. Mr. Ahrens referred to a letter from the City's consulting engineer, OSM, Inc., recommending the award of the construction contract to North Valley, Inc. 11 COUNCIL MINUTES July 27, 1998 Mr. Ahrens explained that the construction costs for this project will be paid for from assessments to developers, Park Trail funds, and from the Street Department budget. The projected cost split for the project is as follows: Wear Course Paving $155,210.10 Trail Paving $ 54,367.15 Second Avenue $ 25,795.75 Total $23 5,414.00 The proposed schedule for this project is as follows: Council Authorizes Ad for Bids June 22, 1998 Bid Opening July 21, 1998 Council Awards Bid July 27, 1998 Construction Begins August 10, 1998 Substantial Completion September 1, 1998 Staff recommended Resolution No. 98 - 115 be adopted. Council Member Lyden moved to adopt Resolution No. 98 - 115, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 115 can be found at the end of these minutes. Consideration of Resolution No. 98 - 116,Approve Plans and Specifications and Order Advertisement for Bids,21st Avenue Lift Station-Mr. Ahrens explained that as part of the 21st Avenue Street and Utility Improvement Project a sanitary sewer lift station is required to complete sanitary sewer service to the Clearwater Creek Business Center and undeveloped land in the area. The plans and specifications for the lift station are complete and staff is requesting Council approval of the plans and order the advertisement of bids. Mr. Ahrens stated that the lift station design is designed for ultimate build-out of the sanitary sewer service area. The lift station will include the necessary controls and monitoring equipment will be included on the City's telemetry system. The telemetry system monitors various possible alarm situations and will notify staff of pump failures or sewage high levels. The project schedule is as follows: Approve Plans and Specifications July 27, 1998 Open Bids August 19, 1998 Award Construction Contract August 24, 1998 Start Construction September 7, 1998 Construction Substantially Complete October 23, 1998 Nftwll 12 COUNCIL MINUTES July 27, 1998 The estimated construction cost is $240,000. It is proposed that the project be funded by the City's Area and Unit Fund. Staff recommended Resolution No. 98 - 116 be adopted. Council Member Lyden asked about the lift station capabilities for future use. Mr. Ahrens stated that the lift station is designed for ultimate capacity in the area. It is possible that a tremendous user could alter the situation. It is designed to accommodate for the ultimate growth of the City. Council Member Dahl moved to adopt Resolution No. 98 - 116, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 116 can be found at the end of these minutes. Consideration of Approving change Order No. 1,Lakes Addition Street Reconstruction Project-Mr. Ahrens stated that staff is requesting council approval of Change Order No. 1 for the Lakes Addition Street Reconstruction Project. The change order reflects additional work to add drain hole plugs in each hydrant per Minnesota Department of Health requirements. The contractor for the project has indicated that the additional cost to modify the hydrants if $75.00 per hydrant. There are a total of 24 hydrants resulting in an increase of$1,800.00 to the n contract. Watermain work associated with this project is funded by the Area and Unit Fund and it is proposed that this change order be funded by the Area and Unit Fund. The project cost is summarized as follows: Original Contract $1,787,810.00 Change Order No. 1 $ 1,800.00 Revised Contract Amount $1,789.610.00 Mr. Ahrens noted that the change required by the Minnesota Department of Health is a new change and has not previously been an issue. Staff recommended Council adopt a motion approve Change Order No. 1 for the Lakes Addition Street Reconstruction Project. Council Member Neal asked for an explanation of what was done to the hydrants. Mr. Ahrens explained that drain plugs were added to prevent damage to the hydrants during the freeze/thaw process. Council Member Neal asked if there is any recourse to the initial installer of the hydrants. Mr. Ahrens explained that the City has no recourse. He stated that he is unsure of the individual from n the Minnesota Department of Health that ordered the drain plugs. 13 COUNCIL MINUTES July 27, 1998 Council Member Neal asked Mr. Ahrens to get the name from the Minnesota Department of Health. Mr. Ahrens indicated he would inform Council of the individual who ordered the drain plugs. Council Member Lyden noted that the change order is approximately.1% of the original contract and moved to deny Change Order No. 1, Lakes Addition Street Reconstruction Project. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson and Mayor Sullivan voting no. Mayor Sullivan asked what action can be taken if the change order is denied. Mr. Hawkins asked if there is an alternative to these hydrants. Mr. Ahrens explained that the hydrants must either be modified or the City must purchase new hydrants. New hydrants would be more expensive. If the hydrants are not modified,the City is in violation of the Minnesota Department of Health rules. Council Member Neal moved to direct staff to negotiate with the contractor to include the change order in the base contract. Council Member Lyden seconded the motion. Motion carried with Council Member Bergeson voting no. Council Member Neal asked if he could negotiate with the contractor for the change order. Mayor Sullivan stated that a Council Member has no authority to negotiate. Consideration of Resolution No. 98 - 122,Approve Plans and Authorize Bids for the Lilac Street Trunk Utility Project-Mr. Ahrens explained that this project involves the extension of trunk utilities to serve Behm's Century Farms 5th Addition. The first phase of this project extended trunk water and sanitary sewer from near Appaloosa Lane to Thomas Street. That phase is near completion. The second phase starts at Thomas Street and extends north and west to Pinto Lane. Mr. Ahrens referred to an exhibit illustrating the project phasing. The project schedule is as follow: Approve Plans and Specifications July 27, 1998 Open Bids August 19, 1998 Award Construction Contract August 24, 1998 Start Construction September 1, 1998 Construction Substantially Complete September 21, 1998 Mr. Ahrens stated the project is estimated to cost $120,000.00. Funding is through the Area and Unit assessments to the developer of the Behm's Century Farm project. Staff recommended Resolution No. 98 - 122 be adopted. Council Member Bergeson moved to adopt Resolution No. 98 -122, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 14 COUNCIL MINUTES July 27, 1998 Resolution No. 98 -122 can be found at the end of these minutes. Consideration of Resolution No. 98 - 117,Approve Payment No. 1 (Final),West Shadow Lake Drive Culvert Replacement Project-Mr. Ahrens stated that the contractor for the West Shadow Lake Drive Culvert Replacement Project is requesting Council approval of payment No. 1 (final) in the amount of$32,739.65. The original contract amount for the project was $28,297.00. The difference between the original and final amounts($4,442.65) is due to the need to remove poor soils that were under the existing pipe and replace these soils with an aggregate base. A change order was issued to rectify original and final quantities. Staff recommended Resolution No. 98 -117 be adopted. Council Member Neal asked why the contractor did not know the peat was there. Mr. Ahrens explained that soil borings were not done on this project. Staff felt that the end result would be the same even if they did the soil borings. Mayor Sullivan asked what the cost of the soil boring would have been. Mr. Ahrens estimated the cost at$2,000.00. Council Member Bergeson asked if a longer culvert was put in, as initially proposed. Mr. Ahrens indicated a longer culvert was not put in. It was indicated that it should be the same length so the integrity of the culvert was not altered. He stated a longer culvert may be needed when the road is upgraded. Council Member Bergeson asked if the City will have to pay for new hydraulics studies at that time. Mr. Ahrens indicated the City will have to pay for new hydraulics studies for the longer culvert before asking for DNR approval. Council Member Lyden moved to adopt Resolution No.. 98 - 117, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 117 can be found at the end of these minutes. Consideration of Resolution No. 98 -118,Accept Permanent Easement, Ware Road Reconstruction Project- Mr. Ahrens stated that the City will require a perpetual easement to provide for adequate right-of-way width along the north side of 62nd Street and Ware Road. The existing right-of-way is 16.5 feet which is to narrow to allow for the future construction of roadway and utility improvements. The right-of-way width at Millers South Glen is already set at 33 feet. The narrow right-of-way occurs only at the Mangelson property. The perpetual easement consists of approximately 0.80 acres. Council action is required to accept the perpetual easement. n Mr. Ahrens explained that the City has had a number of projects in the area. The narrow right- of-way was discovered during utility service installation associated with the Ware Road project. The perpetual easement will provide adequate right-of-way for future street and utility projects. 15 COUNCIL MINUTES July 27, 1998 City staff has negotiated the perpetual easement requirements for the right-of-way. Mr. Ahrens referred to a copy of the easement document included in the Council packet. u Mr. Ahrens indicated the easement will be granted to the City for a cost of$1.00. Staff recommended adoption of Resolution No. 98 - 118 be adopted. Council Member Dahl moved to adopt Resolution No. 98 - 118, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 118 can be found at the end of these minutes. POLICE DEPARTMENT REPORT,DAN TESCH Consideration of Resolution No. 98 - 121,Accept Donation from the Final Stretch, Inc.,for Police Reserve Equipment- Mr. Tesch explained that Final Stretch, Inc., has donated $300 to the Lino Lakes Police Department to be used to purchase raincoats, hats, flashlight, and glove/radio holders for the Reserve Officers. Several of the Reserve Officers donated their time to provide security during a recent 3OK, 10 mile run event by Final Stretch, Inc. Final Stretch, Inc., is aware of their equipment needs and has donated$300 for the cost of this equipment. Mr. Tesch stated that the purpose of Resolution No. 98 - 121 is to publicly thank Final Stretch, Inc. for their generous donation. Council Member Neal moved to adopt Resolution No. 98 - 121, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 121 can be found at the end of these minutes. OLD BUSINESS -None NEW BUSINESS Consideration of June 15, 1998,Minutes (Council Member Neal was absent) -Mayor Sullivan clarified that her comment on page 1, paragraph 4, relates only to policy plan. Council Member Bergeson moved to approve the June 15, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of June 24, 1996, Minutes (Mayor Sullivan and Council Member Dahl were not on the City Council)-Council Member Lyden moved to approve the June 24, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of May 28, 1996, Minutes (Mayor Sullivan and Council Member Dahl were �... not on the City Council) - Council Member Lyden moved to approve the May 28, 1996, 16 COUNCIL MINUTES July 27, 1998 minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. COMMUNITY CALENDAR FOR JULY 27 THROUGH AUGUST 13, 1998 Reshanau Lake Meeting,Tuesday,July 28, 1998, 7:00 p.m.,Living Waters Church Environmental Board,Wednesday,July 29, 1998, 6:30 p.m. Joint Council Meeting with the City of Hugo to Discuss Development and Transportation Issue,Wednesday,July 29, 1998, 7:30 p.m. Comprehensive Plan Task Force,Thursday,July 30, 1998, 7:30 p.m. Red Cross Blood Drive,Friday,July 31, 1998, 1:00 p.m., Centennial Fire Hall#2 Park Board, Monday,August 3, 1998, 6:30 p.m. National Night Out,Tuesday,August 4, 1998 Council Work Session,Wednesday,August 5, 1998, 5:30 p.m. EDAC,Thursday,August 6, 1998, 7:00 a.m. Council Meeting with Staff,Thursday,August 6, 1998,9:00 to 4:00 p.m.,Wargo Nature Center City Council Meeting,Monday, August 10, 1998, 6:30 p.m. Safety Camp,Thursday,August 13, 1998,Rice Lake Elementary School ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:26 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, August 10, 1998. Marilyn And rson, Clerk-Treasurer K SVivan, Mayor 17 COUNCIL MINUTES July 27, 1998 Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 18 n Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-114 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR BID PACKAGE NO. 2,THE CIVIC COMPLEX WHEREAS,pursuant to an advertisement for bids for structural steel(erection only), asphalt paving, concrete and masonry, miscellaneous metals(material only),casework, general construction, roofing, aluminum windows and doors, drywall,tilework, acoustical ceilings/wall panels, flooring, painting, metal lockers,partitions, mechanical, electrical and fire protection for the Civic Complex; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name: Amount of Bid Asphaltic Paving Midwest Asphalt $73,500.00 ACI 86,485.00 Blacktop Paving 128,571.00 Concrete& Masonry Adolfson&Peterson 792,000.00 B&L Masonry 848,975.00 Axel H. Ohman 868,600.00 Crosstown Masonry 878,800.00 Miscellaneous Metals Listul Industries 31,223.00 Premier Construction 86,657.00 Structural Steel - Erection Listul Industries 58,364.00 Casework Haldeman-Homme 180,050.00 Heebink Architectural 258,644.00 General Construction Jorgenson Const. 969,500.00 Kellington Const. 975,000.00 Roofing r*N M.G. McGrath 572,018.00 Aluminum Windows/Doors W.L. Hall Co. 278,480.00 Mulcahy 306,630.00 Empirehouse 317,858.00 R-Pro 325,400.00 Drywall Olympic Wall Systems 454,600.00 Minuti Ogle Co. 488,800.00 Commercial Drywall 500,000.00 Bieglow Bros. 531,200.00 Custom Drywall 739,748.00 Tilework Grazzini Bros. 58,725.00 Twin City Tile&Marble 66,550.00 Acoustical Ceilings/Walls Twin City Acoustics 80,965.00 Ceilings Inc. 89,371.00 Architectural Sales of MN 89,800.00 Floorinia Floors by Becker 111,357.00 Re:Source of MN 118,280.38 Paintin Wasche Commercial Finishes 59,560.00 Julius B. Nelson& Sons 63,550.00 Swanson& Youngdale 68,460.00 Lockers J&F Equipment 15,498.00 Wissota Supply 16,988.00 Partitions Arch Spec 14,781.00 Mahin Walz 16,216.00 W.L. Hall 18,652.00 Mechanical McGuire Mechanical 978,127.00 (Base bid with accepted deduct alternates) Northland Mechanical 978,350.00 (Base bid with accepted deduct alternates) Wenzel Mechanical 1,015,508.00 NewMech Co. 1,115,000.00 Area Mechanical 1,031,500.00 Newman Mechanical 1,039,000.00 S.B.S. Mechanical 1,050,000.00 Swanson Plumbing & Heating 1,203,424.00 Fire Protection Arrow Sprinkler 116,152.00 Superior Fire Protection 167,025.00 Fire Guard Sprinkler 16900.00 Midwest Fire Protection 196,792.00 Electrical Gephart Electric 587,900.00 Wright Electric 683,600.00 Phasor Electric 714,000.00 Ridgedale Electric 735,000.00 J.W. Koehler 789,000.00 Mendota Electric 818,626.00 Bloomington Electric 829,000.00 AND WHEREAS, it appears that Midwest Asphalt is the lowest responsible bidder for asphaltic paving; and Adolfson&Peterson Construction is the lowest responsible bidder for concrete and masonry; and n Listul Industries, Inc., is the lowest responsible bidder for structural steel - erection; and Haldeman-Homme,Inc. is the lowest responsible bidder for casework; and Jorgenson Construction is the lowest responsible bidder for general construction; and M.G. McGrath,Inc. is the lowest responsible bidder for roofing;and W.L. Hall Company,Inc. is the lowest responsible bidder for aluminum windows/doors; and Olympic Wall Systems is the lowest responsible bidder for drywall; and Grazzini Brothers Company, Inc. is the lowest responsible bidder for tilework; and Twin City Acoustics is the lowest responsible bidder for acoustical ceilings/wall panels; and Floors by Becker is the lowest responsible bidder for flooring; and Wasche Commercial Finishes, Inc. is the lowest responsible bidder for painting; and J&F Equipment, Inc. is the lowest responsible bidder for lockers; and Arch Spec, Inc. is the lowest responsible bidder for partitions; and McGuire Mechanical Services, Inc. is the lowest responsible bidder for mechanical; and Arrow Sprinkler,Inc. is the lowest responsible bidder for fire protection; and Gephart Electric, Inc. is the lowest responsible bidder for electrical. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES,MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the contracts with the apparent lowest responsible bidders in the name of the City of Lino Lakes for Bid Package No. 2 for the Civic Complex,according to the plans and specifications therefore approved by the City Council and on file in the office of Adolfson&Peterson, Inc., construction manager for the Civic Complex. 2. Adolfson&Peterson, Inc. is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids,except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adobted by th Co cil of the City of Lino Lakes this 27th day of July, 1998. J#rly Mayor M 'lyn d.Anderson,Clerk-Treasurer The motion for the 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 duly passed and adopted. CERTIFICATION ^ Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 115 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT- 1998 WEAR COURSE AND TRAIL PAVING PROJECT, PHASE TWO, STREET AND UTILITY CONSTRUCTION. WHEREAS, pursuant to an advertisement forbids for the construction of the 1998 Wear Course and Trail Paving Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount North Valley, Inc. $ 235,414.00 Midwest Asphalt Corp. $ 349,783.10 AND WHEREAS, it appears that North Valley, Inc. is the lowest responsible bidder; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with North Valley, Inc., 4105 85th Avenue North, Suite 203, Brooklyn Park, MN 55443, in the name of the City of Lino Lakes for the construction of the 1998 Wear Course and Trial Paving Project, according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council th' 27th d f J ly, 1998. i e I A. Sullivan, Mayor c M ri n 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. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the city Council on July 27, 1998. Marilyn G. Anderson, Clerk-Treasurer Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-116 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,21ST AVENUE LIFT STATION PROJECT WHEREAS, TKDA, Inc., has prepared plans and specifications for the 21S,Avenue Lift Station Project 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, August 19, 1998, at which time they will be publicly opened in "ON, 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, August 24, 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 271h ay ly, 1 Ki y A. Ili n, Mayor Man yn G. A derson, 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 Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 117 RESOLUTION APPROVING PAYMENT 1 (FINAL) AND CHANGE ORDER 1 - WEST SHADOW LAKE DRIVE CULVERT REPLACEMENT PROJECT WHEREAS, the construction of the West Shadow Lake Drive Culvert Replacement Project has been completed by Forest Lake Contracting, 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. To approve Change Order 1 in the amount of $4,442.65 2. To approve Payment No. 1 (final) in the amount of $32,739.65 Adopted by the Lino Lakes City Council this 27th day of J 1 1998. i berly ullivan, Mayor Marilyn d. 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 Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 118 RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR ROAD, DRAINAGE, UTILITY AND STORMWATER PONDING FROM NICK H. AND ESTHER A. MANGELSEN, 6202 WARE ROAD, FOR THE WARE ROAD STREET RECONSTRUCTION PROJECT WHEREAS, the Perpetual Easement for road, drainage, utility and storm water ponding is required to allow for the completion of the Ware Road reconstruction project NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the Perpetual Easement for Road, Drainage, Utility and Storm Water Ponding from Nick H. and Esther A. Mangelsen, 6202 Ware Road. ^ 2. To authorize payment for said easement in the amount of $1.00 Adopted by the Lino Lakes City Council his 7th d`ay f uly, 1998. ��nbjly A. Sullivan, Mayor Marilyn 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 duly passed and adopted. ^ Council member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-119 RESOLUTION TRANSFERRING FUNDS FROM THE AREA AND UNIT FUND TO THE 1992 A G.O. IMPROVEMENT BOND FUND TO ELIMINATE THE DEFICIT WHEREAS,The 1992 Bond Fund has a deficit balance,and WHEREAS,these bonds were originally sold to finance the West Central Trunk, and WHEREAS, in 1995, funds were transferred to the Area and Unit Fund from TIF funds to defray the cost of the trunk, and WHEREAS,the transfer is to cover bond payments only. NOW THEREFORE BE IT RESOLVED:That the following transfer be adopted. Increase Decrease Imp. Bonds 1992A(309) $419,000 Area and Unit Fund (406) ($419,000) Adopted by the Lino Lakes City Council this 27th da ol 1998 Ki er A. V I' n-Mayor Marilyn d. Anderson, Clerk-Treasurer The motion for the 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. Where upon said resolution was declared duly passed and adopted: '^ Council member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-120 RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE GAS UTILITY FUND FOR CLOSURE WHEREAS,The gas utility fund was established in the late 1980s, and WHEREAS,the City was anticipating to own it's own gas utility, and WHEREAS,the City is now looking into franchise fees, and WHEREAS, the Gas Utility Fund has a deficit balance caused by legal expenses incurred by exploring the franchise fee route, and WHEREAS,the General Fund collects gas franchise fees from Circle Pines. NOW THEREFORE BE IT RESOLVED:That the following transfer be adopted and the Gas Utility Fund be closed. Increase Decrease Gas Utility Fund (603) $17,241.43 General Fund (101) ($17,241.43) Adopted by the Lino Lakes City Council this 27th da o 199 Ki e ly A. S I van-Mayor 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. Where upon said resolution was declared duly passed and adopted: Council Member Neal introduced the following resolution, and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 121 RESOLUTION ACCEPTING DONATION FROM FINAL STRETCH, INC. FOR RESERVE EQUIPMENT WHEREAS, raincoats, hats, flashlights, and glove/radio holders has become needed equipment by the Reserve Officers due to the ever increasing violence in our society, WHEREAS, funding for this equipment was not included as a Police Department budget item, WHEREAS, Final Stretch, Inc . has made a donation in the amount of $300 . 00 to the City of Lino Lakes for the cost of this equipment, and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $300 . 00 Increase Expenditures-Uniforms $300 . 00 NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $300 . 00 for the cost of the equipment and wishes to express its gratitude to Final Stretch, Inc . for the donation. Adopted by the Lino Lakes City Co ci this 27 day of July, 1998 . rl A. llivan, Mayor v Mar lyn . Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof : Bergeson, 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: r CITY OF LINO LAKES RESOLUTION NO.98- 122 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS-LILAC STREET TRUNK UTILITY EXTENSION, PHASE 2 WHEREAS,the property owners proposed to be assessed for the cost of the improvements has waived his right to a public hearing, AND WHEREAS, pursuant to a resolution passed by the Council on December 15, 1997, TKDA, Inc.,has prepared plans and specifications for the Lilac Street Trunk Utility Improvement;by constructing watermain and 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 9:30 a.m. on Wednesday,August 19, 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,August 24, 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 27" of July, 199 . li n, Mayor Ma 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: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was duly passed and adopted. JOINT COUNCIL MEETING JULY 29, 1998 JOINT CITY COUNCIL MEETING _ CITY OF LINO LAKES CITY OF HUGO WHITE BEAR TOWNSHIP MINUTES DATE : July 29, 1998 TIME STARTED : 7:30 p.m. TIME ENDED : 9:50 p.m. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden, MEMBERS ABSENT : Council Member Neal and Mayor Sullivan Staff members present: Community Development Director, Brian Wessel; City Engineer/Public Works Director, David Ahrens; Assistant to the City Administrator, Dan Tesch; Consulting Engineers, John Powell and Joe Kern,Environmental Coordinator, Marty Asleson and Clerk-Treasurer Marilyn Anderson. City of Hugo: Council Members Andrew Goeffon, Debra Barnes, Warren Arcand, Jim LeRoux, Mayor Fran Miron; City Administrator, Bob Museus; Consulting Engineer, Tom Angus of OSM and Water Resource Engineer, Peter Willenbring of WSB. White Bear Township: Board Members Dick Sand,Bob Weisenburger and Linda Ford and Administrator, Bill Short Acting Mayor Chris Lyden welcomed everyone to the meeting and everyone introduced themselves.Acting Mayor Lyden explained that the purpose of the meeting is to present an exchange of comprehensive plan information by the three(3) entities represented tonight. Mr. Wessel explained the City of Lino Lakes, as all communities in the seven(7) county metropolitan area, is in the process of preparing a Comprehensive Land Use Plan as required by Metropolitan Council. He explained he would present the current status of the Lino Lakes Plan. Joe Kern, Transportation Engineer with SRF will present the transportation plan for the City and John Powell, consulting engineer with TKDA will present primarily the utility plan for this area. After these presentations, both Hugo and White Bear Township will be asked to present the current status of their respective Plans. These presentations should lead into a discussion of how each plan would affect the neighboring communities and how the three (3) communities could work together to, in effect,prepare a regional plan. Mr. Wessel explained that for the past four(4)years the City has concentrated most of its economic development efforts in the Apollo Business Park in the western portion of the City and Clearwater Creek Business Center located around the I-35E/Main Street PAGE 1 JOINT COUNCIL MEETING JULY 29, 1998 to Centerville Road in the City of Centerville. The Task Force has been considering _ different scenarios that would link the west side with the east side of the City with possibly a bridge over I-35E, (not an interchange with ramps). That idea is not popular at this time and will be discussed further tomorrow at the regular Task Force meeting. Mr. Kern referred to the northeast quadrant of this area and explained that the Task Force does not see a need for additional bridges or access to I-35E in this area. The emphases in this area is 80th Street where.a bridge without ramps is already in place to link with the regional road system. Mr. Powell briefly explained the utility issues for the southeast quadrant of the City. Utility installation in this area was prompted by the development of the Clearwater Creek subdivisions south of Cedar Street. He noted the location of the sanitary sewer lift station and the extension of trunk utilities to the north to Main Street. The sanitary sewer development on the west side of the freeway drains south to a lift station which eventually pumps into the Cedar Street lift station which ends up in the Metropolitan Council interceptor which runs along Cedar Street. Currently Metropolitan Council is in the design process for constructing a new gravity sewer which will pass through Hugo. The City has already constructed a new water tower located near the realigned Otter Lake Road and a well at the southeast intersection of Cedar Street and Clearwater Creek Drive. Utilities for the area south of Main Street are established. Development of the area north of Main Street will just required the extension of the utilities. Acting Mayor Lyden asked Mr. Willenbring to present the "greenway"development proposed for the south east quadrant of Lino Lakes and extending into the City of Centerville to the west,the City of Hugo to the east and White Bear Township to the south. He asked Mr. Willenbring to be frank about what he sees are the issues and how they impact each community. Mr. Willenbring explained the"Clearwater Creek greenway corridor project". It is a perspiration project which has a number of elements associated with it. The general alignment of the Clearwater Creek corridor was highlighted on a map presented by Mr. Willenbring. The corridor extends from the north outlet of Bald Eagle Lake north through Hugo and then west through Lino Lakes under I-35E into Centerville and eventually into the Rice Creek Chain of Lakes. There are three (3)distinct sections of the corridor, one in Hugo, one in Lino Lakes and one in Centerville. The three(3)cities have been working together for the past several years trying to get a grant from the Legislative Commission on Minnesota Resources to try to protect the corridor and develop it for preservation. The general concept is to take the corridor in Hugo which consists of a fairly narrow creek or ditch where water ponds in the channel and spreads out over a fairly flat flood plain and widen and deepen it, in selected areas,to increase the flood plain storage,develop some additional wetland vegetation along the sides of the channel and provide a trail along one side or the other through the corridor. The purpose is to develop a"greenway"corridor and protect the natural vegetation,protect areas where there may be some agricultural activity, and identify the natural and environmental concerns. This project will not discharge more water down stream but, provide an area for the water that will discharge PAGE 3 JOINT COUNCIL MEETING JULY 29, 1998 to the channel to be held and then discharged slowly down stream so that it does not _ impact our neighbors. The trail is an integral component of the project that the three(3) cities will deal with. One of the principal issues or problems that has been experienced from the City of Hugo's perspective is developing a grant application and trying to promote the project to the Legislative Commission on Minnesota Resource because the corridor continues through Lino Lakes, across I-35E and through Centerville. At this time it is believed that the trail alignment will have to deviate from the corridor along Clearwater Creek particularly as it runs through Centerville because that area has developed. It is believed that securing the property along Clearwater Creek cannot be accomplished and the trail cannot be extended through that area. It would be nice to. continue the trail through these areas but it looks like Centerville will have to find an alternate alignment for the trail. He suggested bringing the trail south along Cedar Street or some other transportation component of this planning effort. The focus is to get the corridor trail system connected to the trails in the Rice Creek Chain of Lakes Regional Park. In addition, Washington County is proposing a trail along Highway 61 in Hugo. There is an effort to provide a trail that would connect to the "greenway"corridor. There are a number of improvements proposed for the entire "greenway"corridor and Mr. Willenbrings group would like to feel that this plan has real vision. Securing the corridor of land would allow for this entire area, which has a fairly expansive flood plain,to be used for preservation purposes and access to a nice natural environment. The plan includes some prairie vegetation restoration along the corridor, expanding some of wetland areas, providing different types of vegetation and deeper water habitat by excavating a deeper channel in some parts of the corridor, making certain areas of the corridor available to canoe travel and developing a habitat for a wide variety of plants and animals. Mr. Wessel explained that economic development is proceeding on the east side of the City under the premise that the"greenway"is going to be there both on the east and west side of I-35E. Mr. Powell explained that part of the Otter Lake Road realignment project is the excavation of a pond and the protection of some wetland areas. He noted a culvert that brings Clearwater Creek from Hugo into Lino Lakes under Elmcrest Avenue. When the water reaches the Lino Lakes side of Elmcrest the creek tends to surcharge. Rice Creek Watershed District has suggested that a pipe be installed directing water from that area to the wetlands. A trail is proposed through the ponding and wetland mitigation area that would tie into a trail that will be constructed along with the Otter Lake Road construction. Mr. Powell showed how the trail would wind through the wetlands and eventually to the Hugo/Lino Lakes border. The wetlands and the ponding in Lino Lakes is provided for both the roadway and development which would occur outside of the buffer zone. At this time the trail is proposed to end at the municipal boundary,but could be extended into Hugo or extended north to Main Street or south to Cedar Street. Mr. Asleson noted that Lino Lakes calls the Clearwater Creek alignment area a pond/wetland mitigation area and Mr. Willenbring calls the area a"greenway". Mr. Powell said both references are achieving the same thing. We are achieving some of the wetland mitigation and also creating a green space with plantings. Mr. Asleson pointed PAGE 4 JOINT COUNCIL MEETING JULY 29, 1998 �-� out that the City is now considering the third phase of the Clearwater Creek residential _ development. He indicated the route of a trail through that phase. The Lino Lakes Environmental Board is at this moment considering the impact of the proposed development. The proposal is consistent with what Mr. Willenbring and Mr. Powell just outlined. Mr. Ahrens also noted that part of the"greenway"will be constructed this fall as part of the Otter Lake Road realignment project. He asked Mr. Willenbring what is the status of his work on the"greenway". Mr. Willenbring explained that Hugo is trying to implement some of the aspects of the project as part of the development to their industrial park. Plans and specifications have been prepared to provide some of the improvements to a selected part of the area. However, improvements in this area are only a small part of the overall plan. He noted that the Rice Creek Watershed District has included in their Comprehensive Plan the installation of an additional 48 inch culvert under I-35E and at the same time blocking off the larger culvert at the same location. The purpose of this is to provide a better hydraulic flow when water is at low stage. At this time,when it rains, water builds up in this area and remains in the ditch until it gets almost to the top of the bank or slightly above to get significant passage out of the area. The proposed plan increases the rate of discharge at low stage and cuts back the peak discharge by installing additional storage. Rice Creek Water District is estimating that the new culvert will be installed next year. Mr. Angus explained that Hugo is accepting bids tomorrow for construction of a street that links 130th Street to 140th Street. That street will form the western boundary of the industrial park. Mr. Museus explained that the type of industries in that park are related to rail traffic. He explained what type of industries are interested in locating in the industrial park. Mr. Museus also explained that Washington County will be given jurisdiction of Highway 61. The County plans to upgrade the road to a four(4)lane highway. Ms. Ford asked Mr. Willenbring if there has been any consideration of connecting the Clearwater"greenway"to a potential trail around the north end of Bald Eagle Lake which could connect to a trail around Otter Lake down into the Ramsey Regional Park. Mr. Asleson explained that is part of what Lino Lakes is trying to accomplish with the trail extension through the third phase of Clearwater Creek. Ms.Ford said that to actually make the connection in Ramsey County, trails in Lino Lakes and in Hugo would have to come around the head of the Bald Eagle Lake either down Hugo Road in Hugo or west to Bald Eagle Boulevard in Lino Lakes. She asked if there has been any serious discussion about this area. Mr. Angus explained that is what Hugo is trying to accomplish at this time. A new subdivision call Woods of Bald Eagle is developing and a small portion of Ethan Avenue is going to be reconstructed this year. A trail along this portion of Ethan Avenue will also be constructed. In addition, next year another portion of Ethan Avenue will be reconstructed. As these segments of Ethan Avenue are reconstructed,trails will also be constructed. If the reconstruction continues,the trails will be extended down to Highway 61 and 125th Street. Ms. Ford explained that she asked the question for a specific reason. She has a friend who is a staff person at LCMO. She has been given the understanding by that person that if the PAGE 5 JOINT COUNCIL MEETING JULY 29, 1998 communities participate and the counties too,the Burlington Northern(BN)track bed _ could become part of the trail system. The BN,whether it has rails or not is still a part of a designated regional corridor. The east link to Highway 61 and the BN provides a link to the regional facility. But Metropolitan Council would have to make the regional corridor a part of the regional system. Karen Cunningham referred to the small map that showed the ponds in Lino Lakes. She asked where Clearwater Creek runs now. Mr. Powell explained. Mr. Willenbring said that this map may be misleading and referred to a berm between the ditch and the pond. Mr. Wessel asked that the discussion continue with each municipality explaining their comprehensive plan pertaining to land use and transportation issues in this particular region. Mr. Museus explained that the revision of the Hugo comprehensive plan began some time ago prior to the Legislature mandating the revision. The plan was submitted to the Metropolitan Council last year and they did approve it subject to the City doing more work in two (2) areas; the transportation plan and the housing plan. At this time the Planning Commission is preparing a zoning map which he said would look similar to the plan he displayed. Currently the master plan has an area from about 160th Street south to about 120th Street and from Elmcrest Avenue to Goodhue Avenue developing in an urban pattern. The balance of the community residential pattern will be maintained in a rural environment with some exceptions. Basically,the area south of County Road 8A will be developing as rural residential which is, for the most part, what is happening now. There will be large lots. The area north of the current urban developing area to 180th Street will be maintained as an urban reserve and eventually it will be filled with urban development. A large portion of the city to the northeast will remain agricultural. Mr. Museus continued by pointing out the industrial area that will be developing along Highway 61,the commercial development closer to the Lino Lakes boundary and denser development following the current pattern, lower density residential in the rest of the area. In addition, industrial development is under discussion next to the Lino Lakes border which would be consistent with what is happening in Lino Lakes now. The benefit of placing industrial in this area is that the two (2) cities could share Elmcrest Avenue. This plan would include extending County Road 4 to Elmcrest so that traffic would move from Hugo to Elmcrest Avenue and then north to County Road 8A(Main Street) and ultimately the I-35E interchange. Mr. Museus said that one of the issues to be addressed is commuter rail transportation. There is a very good chance that commuter rail transportation will happen. Washington County, at a meeting last week, said that this will probably happen in the next five (5)to 10 years. If this does happen, the current Burlington Northern railbed would be utilized. Washington County has already asked Hugo to limit its connections on the west to Highway 61 to no more than one every mile which will force Hugo to find alternate routes out of the industrial area. PAGE 6 JOINT COUNCIL MEETING JULY 29, 1998 n Mr. Museus explained that at this time, Washington County owns the old Burlington Northern railbed from Chisago County to 145th Street and further down to County Road 8A(Main Street). Burlington Northern still owns the railbed south of County Road 8A. Mr. Sand explained that the problem is that the neighbors to the south are not looking at commuter rail. Mr. Museus said that area to the south is Ramsey County park reserve and Hugo would be supportive of whatever Ramsey County is planning there. He noted that the railbed continues into White Bear so that the commuter rail system could bypass the Park Reserve and go to the Soo Line. Mr. Museus was asked what the current population in Hugo is. He said approximately 5,800. In about 15 or 20 years, the population will grow to about 15,000. Currently,rural residential lots sizes are 10 acres and sewered lots are 10,400 square feet. Residential development in the agricultural areas has basically the same requirements as rural residential lots. The rural residential areas will not receive sanitary sewer. Cluster housing may be used to tie into what is happening in Ramsey County, Grant Township and May Township. Mr. Angus explained that Hugo, as well as all other cities in the metropolitan areas, is under pressure from Metropolitan Council to develop a transportation plan. Hugo is looking at completing their transportation plan later this fall. The City has a lot of north/south routes including Highway 61 but the east/west routes are limited and traffic tends to come from the east into this area and either goes south on Highway 61 or east to I-35E. One concern is the limited number of accesses to I-35E. Mr. Angus said that there is the desire of a lot of people in Hugo to look at the potential of getting an interchange on 80th Street in Lino Lakes. As 80th Street extends east to the Hugo border,the street name changes to 140th Street. The Hugo transportation plan will look at the amount of traffic that is going to be generated and what impact it will have on Elmcrest and possibly 80th Street and a possible interchange on I-35E. . Mr. Angus addressed the issues of what is happening on the border of Hugo and Lino Lakes. Hugo is looking at possible problems east of Elmcrest Avenue and south of Main Street (County Road 8A in Hugo). He pointed out how this street comes to a"T" in Hugo and then turns right on Highway 61 south and then turns east again. Mr. Angus noted the areas in green on his map and indicated that these areas are proposed for development in the near future. The City already has some plats for that area. One of the issues is moving traffic from Highway 61 to the area of I-35E interchange. A lot of people say that traffic coming west on County Road 8A should continue to make the jog onto Highway 61, north into the City of Hugo and then turn left on County Road 8A(Main Street)and continue to the freeway. However,one thought is to extend a road west of Highway 61 across Clearwater Creek by coming from the area of 140th Street and Fenway and connecting to Cedar Street in Lino"Lakes. First the city has to determine if there is the intention of ever extending a road west in this manner. If there is the intention,will the road go straight across and end at Cedar Street. This is something that will concern Lino Lakes. The other thought is to take the extended County Road 8A and swing the PAGE 7 r JOINT COUNCIL MEETING JULY 29, 1998 alignment to the north and connect to Main Street(the existing County Road 8A). The _ new intersection would require signal light. This plan was shown as Option A on the r... map. This option would bypass the downtown area of Hugo and take the industrial traffic out of downtown and bring it to the freeway. This plan is shown on the map as Option B. Acting Mayor Lyden said that Option B looked great. Mr. Angus noted that this is a controversial plan but all options should be reviewed. Mr. Angus noted that the Wenzel property located at the western border of Hugo and bordering Elmcrest Avenue. One of the preliminary concepts for development of the property indicates that there would be no use for Elmcrest Avenue. Hugo is under the impression that Lino Lakes does not have any intention of allowing the industrial property to the west of Elmcrest Avenue to have a direct connection to Elmcrest Avenue. As a result of that, Lino Lakes will probably not want to incur any additional expenses with Elmcrest Avenue. Hugo is looking at the possibility of eliminating Elmcrest Avenue totally. A gentleman in the audience asked how Option B would solve Hugo's transportation problem. The traffic still must make a right turn onto Elmcrest Avenue and a left turn onto Main Street. Mr. Museus said that this option is not being driven by Washington County. However, there probably will be some street connecting Highway 61 and Elmcrest Avenue. It has not been decided as to whether it will be a county road or a city street. In addition the Rice Creek Watershed District opposes Option B because it crosses Clearwater Creek twice. There are some environmental issues. `.. Donna Carlson asked why the citizens are not finding out about this information. The citizens found out about this meeting through legal notices in the local newspaper. Mr. Angus explained that an informational meeting was held for the citizens of Hugo. However, this is the first presentation of Hugo's transportation plan to the City of Lino Lakes-This plan is in the preliminary process. The City of Hugo has made no decisions. Ms. Carlson said that Lino Lakes was talking about a bridge over the freeway and extending Birch Street to the freeway which would make it very convenient for traffic to go west on Birch Street including industrial traffic from Hugo. Mr. Angus felt that industrial traffic would want to go the freeway interchange on Main Street. A gentleman in the audience said that traffic coming west from Hugo would not turn north on Elmcrest to Main Street, it would continue west on Cedar Street to Otter Lake Road and then south to the County Road J intersection. The gentleman noted that Cedar Street is not designed for industrial traffic. Another gentleman in the audience asked how the residents of Hugo are responding to these proposals. Mr. Angus explained the developer of the Wenzel property did not like Option B,the property owners in the area where Option A has County Road 8A swinging north to Main Street did not like Option A. Another gentleman in the audience said that Hugo should not impact Lino Lakes at all. u PAGE 8 JOINT COUNCIL MEETING JULY 29, 1998 Acting Mayor Lyden suggested Option B2 and explained his idea. Mr. Museus explained that the area is already developed and wetlands would be impacted. There was another suggestion from a lady in the audience. Mr. Angus explained that development of the area is imminent. The lady asked why the residents concerns are not being considered before the developers concerns. Mr. Angus explained that it up to the City Council to decide upon an option after receiving all pertinent information. Acting Mayor Lyden discussed his option further and Mr. Museus again said that the wetlands would be impacted. Mr. Angus said that is something the City is taking a guess at. More studies have to be conducted. Another gentleman from the audience said that Hugo does have an east/west access to the freeway. He asked why Hugo could not improve Highway 61 by adding more lanes and widening Main Street to make it four(4) lanes. Main Street is a county road and is maintained by the county. Mr. Angus explained that one of the main concerns for Hugo is to reduce the traffic through the downtown area. The gentleman noted that downtown traffic is good for the businesses. Mr. Angus said that Hugo has to make a decision as to whether there will be a road crossing Clearwater Creek south of Main Street. If there is not to be a crossing,the city has to look at options for improving downtown traffic. However, if there is ultimately going to be a road crossing Clearwater Creek,the city should be looking at how the road will go from Highway 61 to Elmcrest Avenue. A gentleman from the audience asked if it has been decided that Elmcrest Avenue serves no purpose to the City of Lino Lakes. Acting Mayor Lyden said that the city has not had those discussions yet. Mr. Powell explained that the City did a detailed study in 1989 on that roadway and one of the problems here is that not only do we have three(3)cities in this area but also have three(3)counties. Elmcrest Avenue runs along the border between Anoka County and Washington County. He explained how state aid funds could be used to improve the road. At this time, from Lino Lakes perspective, Elmcrest Avenue is not taking a lot of traffic. However,the City is looking at this area again because the Metropolitan Council is looking at aligning a sewer interceptor across Cedar Street. If they go forward with this plan,that may provide an opportunity for the Metropolitan Council to pick up some of the cost of improving the roadway. Another gentleman in the audience said Metropolitan Council has already made the decision to construct the interceptor along Frenchman Road(Main Street). Mr. Sand explained that this looks like what White Bear Lake went through 25 years ago. He explained the decision to build a parkway that would take traffic off of I-35E and route the traffic out of downtown White Bear Lake. Downtown businesses did not like the idea of routing traffic away from the downtown. Today they have a parkway,however it is not a thoroughfare route but is for the industrial businesses along the parkway. Highway 96 continues to carry traffic to Highway 61 and through downtown. During the n past two(2) years there has been considerable upgrading of Highway 96. PAGE 9 JOINT COUNCIL MEETING JULY 29, 1998 Several people in the audience spoke about Options A and B in Hugo. They noted the _ difference between Hugo's and the White Bear Lake's solution is that White Bear Lake found a way to get truck traffic to the freeway without going through down town. Hugo would have to construct either option to accomplish the same thing. Hugo Council Member Barnes said they do not want to route truck traffic out of down town. Bill Short asked Mr. Angus to explain if there is any way to direct traffic to the south. Mr. Angus explained that from County Road 8A(Main Street) south to the north end of Bald Eagle Lake, there is no good option of going west. Because 130th Street cannot be extended west of Highway 61 and because the county has dictated that there will not be more than one access per mile to Highway 61, 140th Street would be the next opportunity to go west. Between 130th Street and 140th Street,there will be some development. He explained the possible development and that there is not an opportunity for the east/west street. Mr. Wessel used Mr. Angus' map and penciled in the new alignment for Otter Lake Road north of Cedar Street. He explained that when the City was looking at economic development in this area, it was decided that rerouting Otter Lake Road could open land to the east for development. The easiest way to open the area was to reroute Otter Lake Road beginning at Main Street and take it to Cedar Street. This was not done because of the concern about mixing industrial traffic with residential traffic. Mr. Powell explained that the new alignment was designed keeping restrictive soil conditions and wetlands in mind. Mr. Angus was asked if all of the industrial area shown on the Hugo map currently exists. He said no and outlined the location of existing businesses. He also explained how the City planned to develop the balance of that area. He also noted farm fields and open land. The reason that industrial development is planned for this area is that the railroad is operating there. A gentleman in the audience spoke about the Lino Lakes proposal to extend Birch Street to the east and construct a bridge over the freeway and Hugo proposing that County Road 4A be extended to the Lino Lakes border, it appears that truck traffic will be routed from Hugo into Lino Lakes.on Cedar Street and then to the Birch Street bridge. Hugo admits that it does not want trucks going through their downtown area, it seems to be Lino Lakes intention to allow this. Mr. Powell said that Lino Lakes would discourage the new Hugo east/west road from ending at Elmcrest Avenue and Cedar Street because of the residential development on the south side of Cedar Street. Mr. Wessel explained that there will be a Comprehensive Plan Task Force meeting tomorrow, Thursday, at city hall and the first item on the agenda is the transportation plan. Anoka County Commissioner, Margaret Langfield, will be attending to clarify Anoka County's plan for Birch Street. Joe Kern will be at this meeting to respond to the issues that were presented by residents at the meeting last week. Alan Brixius, Lino Lakes Consulting Planner will also attend this meeting to respond to the land use issues that PAGE 10 JOINT COUNCIL MEETING JULY 29, 1998 n were presented. Staff recommendations will be presented to the Task Force and they will _ be discussing them and come to some conclusion about the Birch Street bridge over I-35E as well as the potential upgrade of Birch Street. He encourage all residents to attend that meeting. Mr. Short presented an I-35E corridor committee study. This study was prepared in 1993 and many issues discussed this evening are also discussed in this study. He suggested that Hugo and Lino Lakes review the study. Mr. Sand explained that MnDOT is looking at separating the I-35E/694 traffic in the commons area. Mr. Short suggested that the communities get together and prepare a regional transportation plan. He said when communities cooperate,the cooperation has more of an impact on MnDOT. Mr. Museus explained that the Hugo city council will be discussing their transportation plan shortly. He also noted that Hugo has been requested to extend sanitary sewer service around the north end of Bald Eagle Lake. Hugo has already received one call from a Lino Lakes residents asking if they could hook to that utility service. He suggested Hugo and Lino Lakes address this matter. Mr. Sand explained that there had been some talk about extending a sewer interceptor down Centerville Road but since White Bear Township has made sewer service available to the commercial development south of County Road J, there has been no more discussion about an interceptor. He said that White Bear Township is basically all developed and most of the town is sewered. The new comprehensive plan looks very similar to the 1984 plan. Mr. Weisenburger asked Mr. Kern if Lino Lakes is including the completion of the interchange at County Road J and the freeway in its transportation plan. Mr. Weisenburger said it would be in the best interest of Lino Lakes to have a complete interchange there because there is a lot of traffic going through Lino Lakes to the theaters. At this time, if anyone from Hugo wants to go to a movie,they have to go through Lino Lakes on Main Street to either Otter Lake Road or 20th Street and then south to the theater. In addition,if the trucks from the White Bear Township industrial development along Centerville Road want to go north on I-35E,they have to go through Lino Lakes to Main Street and then to the freeway. He noted that the County Road J/I-35E interchange is not in the White Bear Township Plan. Council Member Bergeson explained the Lino Lakes City Charter has made extending services in the City difficult because the residents have the ability to petition against assessments. He also noted that the land immediately adjoining County Road J on the north side was placed in a land trust and will not be available for development. Hugo Council Member Barnes asked if the Otter Lake Road/Main Street intersection will be signaled. Mr. Powell said that Anoka County has not addressed this question. Mr. Ahrens said that it probably will depend upon the industrial development. There has been no discussion about upgrading the freeway bridge although it is in the Centerville plan. n Mr. Short noted that Vadnais Heights rebuilt the County Road E overpass at 694 and PAGE 11 JOINT COUNCIL MEETING JULY 29, 1998 MnDOT will be repaying Vadnais Heights. This is one way to get the improvement when it is needed in the city. Ms. Carlson asked for a copy of the map showing Options A& B on the Hugo transportation plan. A gentleman in the audience asked if Hugo had plans for any other east/west route. Mr. Museus said the City is looking at another residential access to Lino Lakes. However,this is not in the transportation plan at this time. A gentleman asked why a north County Road J/I-35E access is not a concern at this time. Mr. Wessel said it is under consideration, however there is not much interest for Lino Lakes to go north. It is included in the Lino Lakes transportation plan. White Bear Township Board#Member Ford explained that it should be a concern to Lino Lakes as Mr. Weisenburger pointed out earlier. She suggested that the cities get together and present a "united front' insofar as this intersection is concerned and to look at other areas of cooperation. Council Member Bergeson asked if Lino Lakes and White Bear Township had an interest in completing the County Road J/I-35E intersection, what would the process be. Mr. Kern said that the city has identified this as a concern in its transportation plan and will start addressing the need locally and then address it with MnDOT. Showing local coordination means a lot to MnDOT. He noted that there is some funding each year but the cities would have to use fixed criteria and prepare a clear understanding of how it would benefit the communities. Mr. Wessel said he thought it should be started by forming a coalition of the cities and the counties. The process could be started by using the I-35E study prepared by Mr. Short. The final comments were as follows: Mr. Ahrens noted strong concerns about the proposed Option A which directs Hugo traffic into a Lino Lakes residential road. Mr. Kern agreed with Mr. Ahrens. He said that the Hugo will have to decide if they want a street crossing Clearwater Creek. Mr. Short supported crossing Clearwater Creek. Mr. Sand said that one of his concerns was hunting on Bald Eagle Lake and goose control. He noted that the traffic volume on Highway 61 in Hugo is much higher than it was before the construction of the freeway. It is a busy road and will get busier. Mr. Sand said he would support a north interchange on County Road J and the freeway. Mr. Weisenburger said his concern is the movement of traffic and would support light rail transit and/or bus. He felt that this would be a benefit to all of these communities. PAGE 12 . JOINT COUNCIL MEETING JULY 29, 1998 Ms. Ford supported developing a light rail transit system to take traffic off of the roads. She suggested getting together with industrial employers and developing some sort of a "mini mouse"transit system because not all employees live in the twin cities. If employers can reduce cars in their parking lots, this means less traffic on our roads. Mr. Sand said he actually sees more reverse commuters. Ms. Ford felt it was important to get together and work on trail corridors to maximize state grants. She was referring to the "greenway"proposal. Mr. Willenbring said extending the "greenway" corridor south into Ramsey County would be an important portion of that system. He felt the communities should do a good job following up with requests for legislative funding.Ms. Ford suggested getting the Parks and Recreation Departments of each city into the process. She noted that it is hard for a single city to get any funding. Mr. Willenbring expressed the need to do this as a cooperative effort. He stressed keeping everyone including the counties and Rice Creek Watershed District involved. Mr. Goeffon said that Hugo has to keep working on getting the people out of the industrial park area. Ms. Barnes noted that Hugo has been meeting with Lino Lakes for at least five(5) years and stressed the need to continue these meetings. She noted that the east/west route in Hugo is extremely important to Hugo and felt that the Rice Creek Watershed District should also be involved in this matter. Ms. Barnes said it is important to continue this focus because then they can see what impact Hugo's development has on neighboring communities. She felt that it was important for Hugo to "go back to the drawing board and see what can be done. Mr. Arcand said the County Road J interchange is important and should be stressed. Mr. LeRoux thanked White Bear Township for coming and participating. He stated the Township is mostly a spectator in this discussion, however, their experience and expertise is needed. Mr. LeRoux said that unfortunately, often times, what communities are considering is retro-fit. The planning process was not in place and we did not have a crystal ball to know that this is where we would be. He felt that the cities need to consider the inplace residential development when planning transportation routes. Unfortunately there has been a hodge-podge of residential development and sometimes the provincialism that exists between communities is an inhibitor to getting anything accomplished. The Hugo Council is very interested in the neighboring communities. Mr. LeRoux felt that the continuity of city councils is nebulous at times in some of our communities so that creating these relationships between the city councils and getting things accomplished is difficult. As far as plan A and plan B are concerned,they have been discussed substantially in Hugo but maybe there is an alternative to each because each brings some tangible negatives to rectify. Maybe the need for this route has not PAGE 13 JOINT COUNCIL MEETING JULY 29, 1998 arrived. If the need has not arrived, how much retrofitting will Hugo have to do in the future?This is a process that the council will have to work through. The council held a meeting in Hugo and gave the residents and businesses an opportunity to speak their mind. Unfortunately, in today's political environment, there is a lot of self interest as opposed to community interest. It is difficult to deal with this when we are suppose to be policy makers. Mr. LeRoux said that no decision has been made and this is just part of the process. He thanked everyone for coming this evening. Mr. Museus said that the future of Highway 61 will certainly include input from White Bear Township. He noted that Hugo just created a park board and suggested that the Hugo and Lino Lakes park boards meet on an annual basis in a similar manner as the councils do.As for street options A and B,he asked that the Lino Lakes Council discuss the options and give Hugo ideas. Mr. Museus also suggested that all interested parties in the"greenway"corridor get together and plan for the future. Mr. Miron said he appreciated all of the communities coming together. It is obvious tonight that Hugo will see the largest amount of growth in the near future. He also noted that the Hugo council has been visiting with Lino Lakes for a number of years and unfortunately, as Mr. LeRoux,the continuity has been lost and that is one of the reasons Hugo wanted to meet this evening. These road connections were talked about at previous meetings. Mr. Miron said that Hugo needs to continue to resurface them so that the new council members and mayor are apprised of what has been discussed in the past and determine where we are at. With regard to either of the street options A or B,there are a lot of negatives to them but the impetus behind at least starting to draw lines as development occurs. There is a very large area in Hugo that has the potential to develop in the very near future. Options are lost as properties develop so its important that we talk about the various options and preferable long before the actual need. Mr. Miron said he made notes of some of the issues talked about tonight and certainly we have to look at winter patrol (Bald Eagle Lake) and goose control, hunting on Bald Eagle.Lake, improvements to Highway 61,the County Road J interchange and light rail transit. The recreational trail corridors and park board meetings are also a part of the issues that face us that we could cooperate on and continue to meet on a regular basis. In addition,he suggested it would also be prudent to include Centerville in these conversation because these issues have an impact on Centerville and could see support on some of the things that we are trying to do. Mr. Miron said that the counties should be included in the discussion on park issues. We should make some effort to reach some of these goals. Mr. Tesch thanked everyone for coming this evening. He asked everyone to sign the register that was passed around to the audience. These persons will be notified about future meetings. Mr. Lyden said that the whole land issue is not as big of an issue as he had thought. Mr. Wessel said that as the Task Force goes through the whole comprehensive plan, we can talk about the issues raised tonight. He feels that every time the cities meet, it is always a valuable experience. Mr. Wessel said that the land use issue needs to be explored more. �-- PAGE 14 JOINT COUNCIL MEETING JULY 29, 1998 Mr. Lyden suggested that each council designate a responsible person to be a conduit to the other cities and set up a structure to get the councils together on a regular basis. Ms. Dahl said that she also liked option B. She noted that if Elmcrest Avenue is to be closed, option B seems the better route and if you want a scenic route, option B would also be the route. She said that the interchange on County Road J and the freeway is worth looking into and wanted to know the pluses and minuses. Ms. Dahl said light rail transit is a good option for Lino Lakes, she liked hearing about the"greenway" corridor and the trail system and definitely did not want to see any dead ends on them. She felt that they should connect to Hugo and White Bear Township. Ms. Dahl said that she really liked all of the cities working together. She thanked everyone for their exchange of ideas. There is so much to consider and really wanted to hear everyone's ideas. This is the way we grow and get to know what is happening with our neighbors. Ms. Dahl hoped that there would be another joint meeting before the Comprehensive Plan is finished and approved. Mr. Powell referred to the possible trail around the east side Bald Eagle Lake and wanted to be sure that everyone was aware of Metropolitan Council's facility planning study in that area. He noted the alignment of future relief sewer service is in the area of the "greenway" corridor and said it may offer an opportunity to secure some funding with Metropolitan Council Mr. Ahrens noted that the elimination of Elmcrest Avenue needs more discussion quickly. Ms. Cummingham asked if the development will have a huge impact on the White Bear schools. Mr. LeRoux asked that hunting on Bald Eagle Lake be added to this agenda to increase the communication between the communities that share a common body of water. Hugo has received a petition requesting that Bald Eagle Lake be closed to water fowl hunting. He noted that he is a water fowl hunter and would hate to see Bald Eagle Lake restricted. However, he is aware of other concerns. A committee, which he chaired, was formed and investigated the issue. He did talk to the Lino Lakes Police Department and obtained information about how Lino Lakes handles hunting complaints. He also noted that geese are a lake nuisance. The more we restrict hunting the more we allow these nuisance populations to survive. While investigating the hunting complaints it was determined that there is no way for a hunter to hunt on the north end of Bald Eagle Lake and meet the requirements of separation of residences and the requirement of blinding. It will be the committees recommendation to the Hugo council that Hugo close that portion of Hugo to duck hunting. He asked for comments from the other communities who have boundaries on that lake. He asked that the comments be forwarded to him very soon. The meeting was closed at 9:50 P.M. PAGE 15 JOINT COUNCIL MEETING JULY 29, 1998 These minutes were considered, corrected and approved at a regular Council meeting held on September 14, 1998. OA �uilliv4an, Marilyn . Anderson, Clerk-Treasurer Ki r Mayor u PAGE 16 CITY COUNCIL WORK SESSION AUGUST 5, 1998 CITY COUNCIL WORK SESSION MINUTES DATE : August 5, 1998 TIME STARTED : 5:00 p.m. TIME ENDED : 9:02 p.m. MEMBERS PRESENT : Council Members Bergeson,Dahl, Lyden, Mayor Sullivan MEMBERS ABSENT : Neal Staff members present: Community Development Director, Brian Wessel, Planning Coordinator, Mary Kay Wyland; City Engineer, Dave Ahrens; Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Parks Lead Worker, Mike Hoffman; and City Clerk, Marilyn Anderson The meeting was called to order at 5:00 p.m. The Council adjourned for a closed ,.� meeting. The Council returned at 6:40 p.m., to continue with the regular work session agenda. Council Member Lyden excused himself from the meeting at 6:40 p.m. WHEELER CONSOLIDATED Mr. Ken Johnson, Wheeler Consolidated, gave a presentation which entailed the historic and modern Timber Bridge design and how Timber Bridges can be used within the City of Lino Lakes. Kim stated that if the Timber Bridge is cost effective,the City may consider it at some point in the future. CONSIDERATION OF MINOR SUBDIVISION,JAMES HILL Mary Kay outlined three (3) options for Mr. and Mrs. Hill that were discussed at staff level. She noted the options have not yet been discussed with Mr. and Mrs. Hills. Dave Ahrens indicated the City has the right to require the right-of way as Elm Street is a collector street. The City has consistently required right-of-way if needed every time a landowner requested a subdivision of their land and additional right-of-way was needed to upgrade the roadway. He stated that compensation for the right-of-way would be setting a negative precedent. Mr. Hawkins stated that because this is a unique situation a 1 CITY COUNCIL WORK SESSION AUGUST 5, 1998 variance for lot width precedent would not set a precedent. There is a sufficient basis to grant the variance. He stated the City has the clear authority to ask for the right-of-way. `— Mr. Hill indicated that a hardship has been proven. He stated the City should not require the right-of-way without compensation because of all the time and money that has been spent of the property. He indicated he will not dedicate the property to the City. Kim stated she does not see any hardship other than economic. The City cannot make exceptions to rules if it is not a unique situation. John stated the request for the variance is reasonable. The right-of-way is the issue. He stated it is in the City's best interest to obtain the right-of-way so that there will be a consistent width on Elm Street. Mr. and Mrs. Hill stated they want to work something out with the City. Mrs. Hill indicated they are being asked to give more to the City than other property owners. Kim asked Mr. and Mrs. Hill to take the options into consideration. It is the Council's job to weigh their hardship against the right-of-way dedication. This item will appear on the regular City Council agenda, Monday, August 10, 1998. CONSIDERATION OF A SNOW REMOVAL POLICY FOR TRAILS Rick stated the Parks and Recreation Department would like to institute a snow removal policy for the City's trail system which will enable residents to enjoy the trails year round. He stated trail segments will be indicated as an A or B priority. Upon completion of all A paths,the B Priority paths will be cleared. There will be no additional costs to the City at this time. No chemicals will be used on the trails. The policy will be evaluated after the 1998/1999 snow season to see if the policy should continue. Council supported the snow removal policy. This item will appear on the regular City Council agenda, Monday, August 10, 1998. RESHANAU LAKE TRAIL UPDATE Rick gave an update regarding the Reshanau Lake trail. He requested approval from Council to begin discussions with the two (2) property owners where the limited access easement exists. It was the consensus of the Council to direct Rick to initiate discussions with the property owners regarding the purchase of the easement. JOINT POWERS AGREEMENT (JPA)WITH THE CITY OF CENTERVILLE Dave Ahrens detailed the JPA with the City of Centerville. He stated that the Agreement will be on the City of Centerville's regular City Council agenda on August 12, 1998. To 2 CITY COUNCIL WORK SESSION AUGUST 5, 1998 be consistent with past agreements, issues such as future sealcoating and overlay projects will be completed under separate agreements. The Agreement will appear on the regular City Council agenda Monday, August 10, 1998. BLACK DUCK LIFT STATION The original proposal for this project was to relocate the Black Duck lift station to the easement across Black Duck Drive on Captains Place. Dave stated that he is now proposing to keep the station in place but modify the station. Dave went over the projected costs and modifications. Special coatings are included in the estimated costs. He indicated spring, 1999, for construction of the project. Neighbors have complained about the alarm that sounds quite frequently on the current lift station. It was the consensus of the Council for this item to appear on the August 24, 1998, regular City Council agenda. CITY ATTORNEY CONTRACT This item was tabled until the next Council Work Session. In reference to the Hill request,John suggested the option of initiating the right-of-way n acquisition of all parcels on Elm Street where additional right-of-way would be required. Kim stated the widening on Elm Street may not occur for a long time. She stated she will support this option if there is justification that the widening on Elm Street will happen in the near future. Kim asked Dave Ahrens to determine how many properties will be required to dedicate right-of-way so that there would be consistent right-of-way on Elm Street. COMPREHENSIVE PLAN UPDATE Brian passed out a meeting schedule listing meetings through October 26, 1998. The schedule indicates the Comprehensive Plan will come before Council on October 26, 1998. It will be submitted to the Metropolitan Council on November 13, 1998. Kim stated she is not available for the October 16, 1998, meeting. She asked the schedule be posted on the door of City Hall. She wants the schedule noted"Special Council Meetings". She stated it is very important the all Council Members attend the final meetings. Council needs to review the Comprehensive Plan and put in writing any concerns they have about the Plan. She asked that all written concerns be presented at the next Council Work Session. She indicated it will be very irresponsible of the Council to wait until the Comprehensive Plan comes before Council to voice any concerns. Caroline stated she wanted to see the Plan written as it will come before Council. Brian indicated the Plan will be in draft form at the meeting recaps. Kim stated the level of communication needs to increase regarding the Comprehensive Plan and the citizens of 3 CITY COUNCIL WORK SESSION AUGUST 5, 1998 Lino Lakes. Brian stated there is a communication plan in draft form. He will go over the communication plan at the Council meeting on Monday, August 10, 1998. �.. John noted the City should pay for an insert to be included in The Quad. He said that even if it costs the City some money, the City must start improving communications with its citizens. Caroline suggested flyers be placed in residents paper boxes. It was the general consensus of the Council that staff proceed with improvements to communicating the Comprehensive Plan to the citizens. CIVIC COMPLEX UPDATE Brian invited everyone present to visit the Civic Complex Site. He stated visitors must check in with the Superintendent. The project is on schedule and weekly meetings are being held. Construction bids have been awarded. The next bid package is due September, 1998. JOINT MEETING WITH THE CITY OF HUGO Marilyn passed out a preliminary draft of the meeting minutes. This item was taken off the agenda so the City of Hugo and White Bear Township can also review the minutes. She asked Council and staff to review and make any corrections necessary. MINNESOTA DEPARTMENT OF CORRECTIONS UPDATE David Pecchia referred to a letter from Anoka County regarding the expansion of the Minnesota Department of Corrections facility in Lino Lakes. He stated the facility was designed for expansion. The facility will double in size and the impact on the City is minimal. He indicated his only concern is of a break out during transportation to the facility. The prison will be very secure. REGULAR AGENDA, AUGUST 10, 1998 Brian noted the EDA meeting on Monday August 10, 1998, has been canceled. DISCUSSION OF PDI CONTRACT Kim asked for support regarding sending a letter to Mr. Nick Dragisch stating he is no longer a candidate for City Administrator. She also asked that a review of the PDI contract be conducted in regard to performance. She stated an evaluation should be made regarding any guarantees from PDI for a candidate for the position. Council directed staff to pursue the review and evaluation. Kim stated she would write the letter to PDI. David Pecchia stated a closed Council meeting will be held on Monday, August 10, 1998, at 4:00 p.m. 4 n CITY COUNCIL WORK SESSION AUGUST 5, 1998 � r Kim stated that Council has asked David Pecchia to continue as Interim City Administrator based on Council evaluation. David agreed to continue until January 1, 1999. There will be a press release regarding this decision. The meeting was adjourned at 9:02 p.m. These minutes were considered, corrected and approved at a regular Council meeting held on August 24, 1998. N Marilyn G. Anderson, City Clerk mberly livan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 5 COUNCIL MINUTES AUGUST 10, 1998 CITY OF LINO LAKES MINUTES DATE : August 10, 1998 TIME STARTED : 6:38 P.M. TIME ENDED : 8:04 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, and Mayor Sullivan MEMBERS ABSENT : Neal Staff members present: Interim City Administrator, David Pecchia; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Environmental and Forestry Coordinator, Marty Asleson; Finance Director, Mary Vaske; and City Clerk Marilyn Anderson SETTING THE AGENDA Mr. Pecchia removed Agenda Items Nos. 41), 7A, 7B, and 7C. Under New Business he added Reorganization Program and Interim City Administrator Status. Mayor Sullivan switched Agenda Items Nos. 5A and 5B, Community Development Report, with Agenda Item No. 4, City Engineer's Report. CONSENT AGENDA Mr. Pecchia removed Consent Agenda Item No. 3. He corrected Consent Agenda Item No. B 1 to read$33,457.42. Council Member Bergeson moved to approve the Consent Agenda as amended. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: July 22, 1998, Joint Meeting with Centerville Approved July 22, 1998, Regular Work Session Approved DISBURSEMENTS: July 31, 1998 Manual Disbursements 100"N ($33,457.42) Approved 1 COUNCIL MINUTES AUGUST 10, 1998 August 10, 1998 Disbursements (Check No. 51900 - 52026, $604,102.47) Approved July 24, 1998 SAC ($8.652.24) Approved July 31, 1998 SAC ($3,914.89) Approved August 7, 1998 SAC ,Approved Centennial Fire District Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared under open mike. Mayor Sullivan announced that the Parks and Recreation Department has developed a new trails map. The map indicates City trails as well as County trails. The maps may be picked up at the Parks and Recreation Department or City Hall. Mayor Sullivan stated the Centennial School District supported the City's request to keep Birch Street a two (2) lane street. The School District passed a resolution that supported turn lanes at the school. Mayor Sullivan stated the City appreciates the School District's support. PARKS AND RECREATION DEPARTMENT,RICK DEGARDNER Consideration of Awarding Bid for Playground Equipment,Rice Lake Estates Parks-Mr. DeGardner stated that on Monday, August 3, 1998, at 3:00 p.m., bids were opened for the 1998 Rice Lake Estates playground equipment project. There were two (2) companies submitting proposals for this playground site. On Monday, August 3, through Wednesday, August 5, 1998, the playground equipment proposals were on display at the Parks and Recreation Building. Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the projects. Mr. DeGardner indicated he believes Flanagan Sales (Little Tikes) offered the City of Lino Lakes the best package of playground equipment for the money. The play equipment evaluations were based on a number of factors including equipment quality, safety considerations, aesthetic appeal,the play experience provided, and installation experience. 2 COUNCIL MINUTES AUGUST 10, 1998 Council Member Lyden moved to award the Rice Lake Estates playground project to Flanagan Sales in the amount of$24,800. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of a Snow Removal Policy for Trails -Mr. DeGardner explained that the Parks and Recreation Department would like to institute a snow removal policy for the City's trail system. This would allow residents to enjoy the City's trail system year round. Mr. DeGardner referred to the Snow Removal Policy. He stated the trail segments are indicated as an A Priority B Priority. Following a snow fall of 2"or more all A priority paths will be cleared. Upon completion of all A paths the B Priority paths will be cleared. There are some trail segments within the City that will not be maintained during winter months. Mr. DeGardner stated that chemicals, such as sand and salt will not be used. Currently the underpass near Rice Lake Elementary School (under Birch Street) is salted and sanded when conditions warrant. This is the only trail segment where chemicals are applied. Trail segments that have a boardwalk are not scheduled to be plowed. Mr. DeGardner noted the trail priority designations will be reviewed annually. Council Member Lyden moved to approve the New Snow Removal Policy for Trails, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Application for Special Event Permit, Sandburr Days - Mr. DeGardner explained that Sandburr Days is an annual event held by the Circle Lex Lions Club at Sunrise Park. This year Sandburr Days will be held on September 11-13, 1998. The event requires a Special Event Permit. The Special Event Permit has been completed,the $500 fee paid, and approved by required Department Heads. The Lions are required to have a food license from Anoka County. They are in the process of obtaining this license and it is necessary that it be posted in the area where food is sold. Mr. DeGardner stated the application for the 3.2 Beer License is complete and is accompanied by a certificate of insurance for liquor liability naming the City as additional insured. The Cabaret Licensee application is also complete. This license is required to regulate entertainment where on-sale beer is being served. The proper fees have also been paid. Mr. DeGardner explained that normally, Waldoch Sports hold their snowmobile races on grass and St. Joseph Catholic Church holds its annual auction. The Police Department is aware of all of these events. The snowmobile club holding the races reimburses the Police Department for traffic control and reserve officers usually staff a both at Sandburr Days. n 3 COUNCIL MINUTES AUGUST 10, 1998 Council Member Bergeson moved to adopt a motion approving the Special Events Application, Cabaret License, and 3.2 Beer License for Sandburr Days, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT BRIAN WESSELIMARY KAY WYLAND Consideration of Minor Subdivision and Variance for James Hill,302 Elm Street-Ms. Wyland stated that James and Janet Hill own the property at 302 Elm Street and would like to split the parcel into two (2). They are asking for approval of a minor subdivision and variance at this location. Ms. Wyland explained that the issue was previously brought before Council. Mr. and Mrs. Hill attended a Council work session to discuss the matter. Ms. Wyland stated that after further review, staff would suggest the following two (2)options: 1. Approve minor subdivision and variance with the condition that 14 foot of right- of-way be dedicated for future reconstruction of Elm Street and a $500.00 park dedication fee collection for the newly created lot. 2. Deny minor subdivision and variance if Mr. and Mrs. Hill do not agree with option no. 1. Ms. Wyland noted this item was tabled at the last Council meeting to allow Mr. and Mrs. Hill to appear at the Council work session. She stated the City Attorney feels that the variance request is reasonable. The City Engineer has indicated the City should require the right-of-way. �.. Council Member Bergeson asked if there are any definite plans for the reconstruction of Elm Street. Mr. Ahrens stated that Elm Street has been identified as a street in need of repairs. It was determined the repairs will be in the year 2000. Therefore, construction may begin in the fall of 1999. Council Member Bergeson asked if there is funding available for the reconstruction. Mr. Ahrens indicated there is a funding source for the reconstruction. Because of the Ware Street Project the funding source (State Aid Funds) must to be built up. Mrs. Janet Hill, 298 Elm Street, came forward and read a statement regarding the issue. The statement detailed the background of their property and the money that has been spent obtaining an outlot so that frontage could be provided on Snow Owl Lane. Mr. Hill, 298 Elm Street, came forward and explained to Council why they do not believe it is fair for the City to require the 14 foot of right-of-way. Mr. Hill gave the following four(4) reasons: 1. The traffic on Elm Street is not being changed. 2. Other properties in the area have not been required to dedicate right-of-way. 4 COUNCIL MINUTES AUGUST 10, 1998 3. City officials at the Planning and Zoning meeting in July indicated both parcels existing would be considered as fronting for Snow Owl Lane. 4. A real estate agent and attorney has advised them that the land dedication is unfair. Mr. Hill noted that this issue has been very stressful for both him and his wife. He asked the City to try and negotiate a fair settlement. Mayor Sullivan asked about the definition of a subdivision. Mr. Hawkins explained that when a subdivision occurs,the State has given municipalities the right to require right-of-way dedication. If the City feels a right-of-way is necessary,the City has the right to require the right-of-way. Mayor Sullivan asked what the impact will be regarding the required right-of-way, based on the precedence set. Mr. Hawkins indicated the required right-of-way is following the precedence already set. Developers are very often required to donate additional right-of-way. Mayor Sullivan asked if the 14 feet of right-of-way is excessive. Mr. Hawkins indicated that 14 feet is the immediate need for the City and is not excessive. Mayor Sullivan explained that technically all the lots on the west side of Snow Owl Lane were grandfathered. This variance will also be grandfathered. Mr. Hawkins stated that a blanket variance was granted in this area,therefore,this variance can be grandfathered with no future implications. Council Member Lyden stated that the Council must make a decision based on what they feel is right. He indicated he does not believe it is right to required the right-of-way when the road is not ready for reconstruction. When Elm Street is ready for the improvements,the City will have to purchase the right-of-way. He stated he will make his decision based on what his heart feels is right in this situation. Council Member Bergeson stated he believes there is justification for the lot split and variance. There is justification for the City to acquire the right-of-way. It is in the public's best interest for the City to obtain consistency regarding the right-of-way on Elm Street. He stated the question is compensation. He asked if there is a way to provide compensation for the right-of-way or should the right-of-way be dedicated to the City. He indicated the Council has explored many different options. Based on legal advise it has been determined that the right-of-way is relevant to the parcel of land and improvements to Elm Street are eminent. Those two (2) options are not available with no funding to support those options. Council Member Lyden stated that what is determined to be legally correct is not always the right thing to do. 5 COUNCIL MINUTES AUGUST 10, 1998 Mayor Sullivan explained that Council Members were elected to take care of the business of the City. The business of the City is governed by regulations and rules. She asked Council Member Lyden to consider that when he votes. Mayor Sullivan said another option for Mr. and Mrs. Hill is to not subdivide at this time. The City will require the right-of-way when subdivision does occur. She asked Mr. and Mrs. Hill if waiting is an option. Mr. Hill stated waiting to subdivide is not an option. He would like to sell the property as soon as possible. Mrs. Hill noted that they waited a long time to acquire Outlot A. They have done everything the City has required them to do. Time is a factor regarding the subdivision. Council Member Lyden moved to approve the subdivision and variance and compensate Mr. and Mrs. Hill for the 14 feet of right-of-way and require a$500.00 park dedication fee collection for the newly created lot. Council Member Bergeson seconded the motion. Council Member Bergeson asked if compensation for the right-of-way is given, is the Council setting a precedence. Mr. Hawkins stated there is concern regarding subdivision and compensation for right-of-way. Questions will be asked if compensation is made for the right- of--way. Reasons are needed as to why compensation is not made. It is easier to ask developers for right-of-way than residents, however, developers and residents need to be treated the same way. Council Member Lyden noted the distinction between splitting four(4) or five (5) lots as opposed to one lot. Council Member Dahl asked if right-of-way was obtained on the other side of Elm Street. Mr. Hawkins stated additional right-of-way was obtained in Wenzel Farms 3rd Addition and also in Ulmers Development. Mr. and Mrs. Hill are the only property owners that have not dedicated right-of-way from Lake Drive to the east. The property to the west has not yet been platted. When the properties to the west are platted the City will be in the same situation. Council Member Lyden explained to Mr. and Mrs. Hill that a tremendous amount of conversation and thinking has gone into determining the right answer. Mr. Hill noted that the law regarding excessive right-of-way dedications will be changed in two (2) or three (3)years. Council Member Bergeson stated that Elm Street will eventually be improved. Right-of-way needed for construction will be taken at that time. What is not needed will be the front yard of homes. The decision that needs to be made is an economic decision. The question is compensation and economic hardship. Council Member Dahl asked what type of compensation would be acceptable. Mr. Ahrens stated that he would need to speak to staff regarding compensation. One option would be to hire an 6 COUNCIL MINUTES AUGUST 10, 1998 appraiser to determine the value of the land. Another option would be to negotiate with Mr. and Mrs. Hill. Mayor Sullivan asked for a roll call vote. She also asked each Council Member to give his or her reason for their vote. Council Member Bergeson stated that he would like to see compensation based on ordinance and precedent. The City cannot justify compensation at this time if the right-of-way would be dedicated at a later time. He stated that he believes the figures Mr. and Mrs. Hill presented regarding the value of the property and money spent on the property were in excess of the normal process of acquiring right-of-way. Council Member Bergeson indicated he will vote no. Council Member Dahl stated that if she were voting with her heart she would agree with Mr. and Mrs. Hill. She stated that Council must consider the recommendation from the City Attorney. She indicated she would vote no because of the legal precedence it would set. Council Member Lyden asked if the question of legal right is for the highest good. He indicated that in his opinion it is not. He will vote yes to the motion on the table. Mayor Sullivan indicated she will vote no. She explained that something the City is trying to do is planning. The City needs guidelines to plan. Because of the responsibility to the City as a whole, no other decision can be made. Voting on the motion, motion failed with Council Members Dahl and Bergeson and Mayor Sullivan voting no. Council Member Bergeson moved to approve minor subdivision and variance with the condition that 14 feet of right-of-way be dedicated for the future reconstruction of Elm Street with no compensation and a$500.00 park dedication fee collection for the newly created lot, Council Member Dahl seconded the motion. Council Member Bergeson pointed out that the previous staff recommendation asked for 27 feet of right-of-way. After review by the Planning and Zoning Board the right-of-way recommendation was reduces to 14 feet which is the minimum amount needed by the City. Motion passed with Council Member Lyden voting no. Mrs. Hill asked if she would receive formal notification of the decision. Ms. Wyland stated that a copy of the Council minutes will be sent to them. Comprehensive Plan Update -Mr. Wessel outlined the remainder of the schedule for the Comprehensive Plan Task Force meetings. He noted the dates of the final meetings and what each meeting will entail. He stated that the Comprehensive Plan will go before the Planning and Zoning Board on October 14, 1998. The Comprehensive Plan will be presented to Council on October 26, 1998. The final draft of the Comprehensive Plan will be complete on November 13, 7 COUNCIL MINUTES AUGUST 10, 1998 1998. U Mr. Wessel explained that the Communication Plan was finalized this week. The Task Force will be going through a series of communication plans to bring the Comprehensive Plan to the citizens of Lino Lakes. The process will begin next week. Mayor Sullivan stated that it is extremely important for Council to be involved and aware of all final meetings. The final meetings are excellent reviews of what has already been put together. Council has been asked to prepare written concerns regarding the Comprehensive Plan and bring them to the next Council work session. She stated that because she and Council Member Dahl are on the Task Force their concerns and ideas will be brought to the Council Work Session. She informed Mr. Wessel that the Council is working in parallel with the Task Force to ensure the Comprehensive Plan is on schedule. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98- 123, Approve Joint Powers Agreement with the City of Centerville Regarding Maintenance and Construction of 21st Avenue- Mr. Ahrens explained that staff is requesting Council approval of a Joint Powers Agreement between the City of Lino Lakes and the City of Centerville for construction cost and maintenance responsibilities of 2lst Avenue. This issue was discussed at a joint meeting between the City of Lino Lakes and the City of Centerville on July 22, 1998. Mr. Ahrens referred to the Agreement which reflects the discussions at that joint meeting. The City Attorney, engineering consultant, and staff have reviewed the proposed Joint Powers Agreement. The Agreement is under review by Centerville officials with action to approve the Agreement planned for August 12, 1998. The Agreement states that construction costs and design engineering costs will be shared equally between the two (2) cities. Property acquisition, legal, administrative, and construction engineering costs are to be paid separately by each city. Maintenance responsibilities include Centerville providing winter snow removal and sanding and Lino Lakes providing street sweeping,pothole filling and crack sealing. Future sealcoating and overly projects will be completed under a separate agreement. Mr. Ahrens noted the City of Centerville is holding a public hearing on August 26, 1998. The project could begin in late October, 1998. Staff recommended that Council adopt Resolution No. 98 - 123. Council Member Bergeson moved to adopt Resolution No. 98 - 123, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 123 can be found at the end of these minutes. Consideration of Resolution No. 98 - 124, Approve Plans and Specifications,Apollo Drive, Phase 3 - Mr. Ahrens explained that staff is requesting Council approval of plans and 8 COUNCIL MINUTES AUGUST 10, 1998 n specifications for the extension of Apollo Drive from its current terminus at Lilac Street to Lake Drive. Staff is not requesting Council action to advertise for bids at this time. This action is planned for January, 1999. The construction of Apollo Drive from Sunset Road to Lake Drive was first discussed in 1990. The portion of Apollo drive from Sunset Road to Lilac Street is complete and the plans and specifications for the final phase was ordered recently at the July 13, 1998, Council meeting. The proposed improvements include extending Apollo Drive from its current terminus with Lilac Street northerly approximately 1,400 feet to Lake Drive. Apollo Drive is proposed to be constructed to the same section as existing Apollo Drive which is 52 feet wide and a10-ton axle load. Due to the close proximity of the proposed Apollo Drive/Lake Drive intersection to the existing Lilac Street/Lake Drive intersection and the resulting safety concerns, it is proposed to eliminate the existing Lilac Street/Lake Drive intersection. Mr. Ahrens indicated Council had questioned the proposed pond design at the July 13, 1998, Council meeting. Staff has discussed the pond design with the City's consulting engineer. Mr. Ahrens described the proposed pond design. At the normal water level, a 10-foot wide ledge is designed to allow vegetation to grow and discourage access to the open water in the middle of the pond. From the ledge to the bottom of the pond there is a 3:1 slope. The pond is 12 feet deep with the upper 5 feet used as storage of storm water runoff. the bottom 7 feet should have water in it and is used for sediment storage and water quality enhancements. Mr. Ahrens stated the project schedule is as follows: Approve Plans and Specifications August 10, 1998 Approve Joint Powers Agreement August 10, 1998 Authorize Advertisement for Bids January 25, 1999 Open Bids February 17, 1999 Award Construction Contract February 22, 1999 Start Construction May, 1999 Construction Complete July, 1999 The project is planned to be funded through special assessments to benefiting property owners, Anoka County, and the City of Lino Lakes. Staff recommended adoption of Resolution No. 98 - 124. Council Member Lyden questioned the 10-foot wide ledge in the pond. Mr. Ahrens referred to a drawing of the pond and pointed out the 10-foot wide ledge. He said that it is planned to allow vegetation to grow on the ledge to discourage access to the open water in the middle of the pond. Council Member Lyden moved to adopt Resolution No. 98 - 124, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 124 can be found at the end of these minutes. 9 COUNCIL MINUTES AUGUST 10, 1998 Consideration of Resolution No. 98 - 125, Approve Joint Powers Agreement with Anoka County,Apollo Drive,Phase 3 - Mr. Ahrens explained that the construction of Apollo Drive, Phase 3, is a joint project between the City of Lino Lakes and Anoka County. Therefore, a Joint Powers Agreement is necessary to define financial responsibilities and conditions between the two (2) agencies. The Agreement states that Apollo Drive will be on the County highway system and Lilac Street, from Apollo Drive to Lake Drive, shall become a City roadway upon completion of the project. Existing Apollo Drive located to the south of this project is currently on the County highway system so it is logical to have Apollo Drive, Phase 3 on the County system. Lilac Street will become a dead-end street at Lake Drive as a result of this project so it is logical to have the portion of Lilac Street east of Apollo Drive on the City's road system. The Agreement states that access shall be limited to four(4) along the Apollo Drive, Phase 3 alignment. This includes driveways for the bank that is under construction, the convenience store site, the north half of the VFW property, and the residential home located immediately west of the VFW property. The south half of the VFW property will access Apollo Drive via Lilac Street. Considering likely development patterns in this area and that the roadway is an arterial road, staff feels that the number of access points is satisfactory. Mr. Ahrens stated the project cost(including engineering and administrative costs) is estimated at $505,504.00. Of the project costs the estimated County portion is$317,464.00 and the City portion is $188,040.00. The City is planning to fund its portion through special assessments to benefiting properties and the Surface Water Management Fund. Staff recommended adoption of Resolution No. 98 - 125. Mayor Sullivan asked if the convenience store is definitely going to be developed. Mr. Wessel indicated the convenience store has been approved including access arrangements. Although delays have occurred, it is a viable project. Council Member Bergeson moved to adopt Resolution No. 98 - 125, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 125 can be found at the end of these minutes. Consideration of Resolution No. 98 - 126, Accept Bids and Award Construction Contract, Otter Lake Road Realignment-Upon adoption of the agenda, this item was removed. Consideration of Resolution No. 98- 127, Approve Payment No. 4 (Final) and Change Orders 1 and 2, 1997 Wear Course and Trail Paving Project- Mr. Ahrens stated the contractor for the 1997 Wear Course and Trail Paving Project is requesting City approval of payment No. 4(final) in the amount of$15,186.04 including change orders 1 and 2. All 10 COUNCIL MINUTES AUGUST 10, 1998 necessary lien waivers and withholding affidavits have been submitted to staff thereby meeting the requirements of the construction contract. Mr. Ahrens indicated the project included the paving of certain trails throughout the City and construction of a trail along the north side of Aqua Lane. Also, wear course paving was done in new developments. The final contract amount is summarized as follows: Original Bid Amount $185,665.25 Change Order No. 1 $ 15,234.33 Change Order No. 2 $ 14,122.50 Final Contract Amount $215,022.08 Mr. Ahrens referred to a memorandum from John Powell, TKDA, Inc., which discuss the change orders in detail. Change Order No. 1 is a compensating change order for quantity overrun/underruns. The trail construction along Aqua Lane resulted in quantity increases as a result of poor subbase materials that were exposed during construction. Change Order No. 2 is a result of the construction observer noting that the existing rubberized seals used on manhole adjustment rings and castings was not sufficient to properly seal the rings and casting. Since the rings and casting are areas where a significant amount of infiltration can occur or sand washing between the rings, staff directed the contractor to install additional rubberized seals to prevent any infiltration of water or sand. In both change order cases,the problems encountered were not anticipated and it was only after work had begun and the materials exposed that the construction observer noted problems that required correction. If the design of the project had anticipated the poor soils and deficient seals, the resulting contract amount would be nearly equal to the final amount noted above. Staff recommended adoption of Resolution No. 98 - 127. Mayor Sullivan asked if the change orders would be approved under the new Change Order Policy. Mr. Ahrens stated it would have been difficult to bring before Council for approval prior to executing the change orders. Council Member Lyden moved to adopt Resolution No. 98 - 127, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 127 can be found at the end of these minutes. Consideration of Resolution No. 98 - 128,Approve Payment No.2 (Final) and Change Order No. 1, Elm Street Traffic Signal- Mr. Ahrens stated the contractor for the Elm Street Traffic Signal Project is requesting City approval of payment No. 2 (final) in the amount of n $5,334.35 including change order No. 1. All necessary lien waivers and withholding affidavits have been submitted to staff thereby meeting the requirements of the Construction Contract. 11 COUNCIL MINUTES AUGUST 10, 1998 The project included the installation of a traffic control signal at the intersection of Elm Street and Lake Drive. The final contract amount is summarized as follows: Original Bid Amount $59,207.00 Change Order No. 1 $ ,8,869.54 Final Contract Amount $68,076.54 The change order is a result of Centennial School District requesting an advance warning flasher system to supplement the school speed zone signing after construction of the signal system had begun. The cost for the flasher system was assessed to the Centennial School District. Staff recommended adoption of Resolution No. 98 - 128. Council Member Bergeson moved to adopt Resolution No. 98 - 128, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 128 can be found at the end of these minutes. Consideration of Resolution No. 98- 129, Accept Permanent Easement, Otter Lake Road Realignment-Mr. Ahrens explained that the planned construction of Otter Lake Road requires the acquisition of property for the roadway, utilities, and drainage ponds. The City Attorney has reached a settlement with Gene Arnt and Arnt Family Limited Partnership for the acquisition of roadway, utility, and drainage easements over their property. Mr. Ahrens referred to a letter from �. Mr. Hawkins that recommends acceptance of the settlement. The City is acquiring 3.17 acres of land for the roadway, utilities, and ponding areas. The ponding areas are part of the Clearwater Creek greenway recently discussed at the joint meeting with Hugo and White Bear Township. The planned drainage ponds will provide regional detention ponding and wetland mitigation to the properties within the Clearwater Creek light industrial area. The cost of the easements is $1.00 per square foot or a total of$138,085.20. Of the 3.17 acres, 1.70 acres is for roadway purposes and is funded by the City through assessments. The remaining 1.47 acres is for ponding purposes and is proposed to be funded through the Surface Water Management Fund. Staff recommended adoption of Resolution No. 98 - 129. Mayor Sullivan asked if this issue was part of the financial meeting last March, 1998. Mr. Ahrens indicated it was part of the financial meeting and was proposed to be funded through the Surface Water Management Fund. Mr. Hawkins noted the City has acquired a lot of easements in that area. The area is a prime commercial area. The City has paid$1.00 per square foot for the easements which is consistent with other City acquisition. Mr. Hawkins referred to Mr. and Mrs. Hill who were asking for right-of-way compensation. One dollar per square foot is standard practice. 12 COUNCIL MINUTES AUGUST 10, 1998 Council Member Dahl moved to adopt Resolution No. 98 - 129, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 129 can be found at the end of these minutes. Consideration of Resolutions, Declare Costs to be Assessed - Mr. Ahrens explained that five (5)projects have progressed to the point where assessment rolls can be prepared. Costs for each improvement have been calculated by the City Engineer and consulting engineer. The following resolutions have been prepared ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for each improvement project. Resolution No. 98 - 130, Miller's South Glen,Phase 1 - Mr. Ahrens noted that approximately $98,000 for the Ware Road Project was included in the assessment calculation. Council Member Bergeson moved to adopt Resolution No. 98 - 130, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 130 can be found at the end of these minutes. Resolution No. 98 - 131,Miller's South Glen, Phase 2 -Council Member Bergeson moved to adopt Resolution No. 98 -131, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 131 can be found at the end of these minutes. Resolution No. 98 - 132,Pheasant Hills Preserve,8th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 132, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 132 can be found at the end of these minutes. Resolution No. 98 - 133, Behm's Century Farm 3rd Addition - Council Member Bergeson moved to adopt Resolution No. 98 -133, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 133 can be found at the end of these minutes. Resolution No. 98 -134, Behm's Century Farm, 4th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 134, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 134 can be found at the end of these minutes. 13 COUNCIL MINUTES AUGUST 10, 1998 Consideration of Resolutions Setting Public Hearing for Proposed Assessments - Mr. Ahrens explained that the following five (5)resolutions set the date for the public hearings for Monday, September 14, 1998, on the assessments to the projects. Resolution No. 98 - 135, Miller's South Glen,Phase 1 -Council Member Bergeson moved to adopt Resolution No. 98 - 135, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 135 can be found at the end of these minutes. Resolution No. 98 - 136,Miller's South Glen, Phase 2 - Council Member Bergeson moved to adopt Resolution No. 98 - 136, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 136 can be found at the end of these minutes. Resolution No. 98 - 137, Pheasant Hills Preserve, 8th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 137, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 137 can be found at the end of these minutes. Resolution No. 98 - 138, Behm's Century Farm,3rd Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 138, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 138 can be found at the end of these minutes. Resolution No. 98 - 139, Behm's Century Farm, 4th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 139, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 139 can be found at the end of these minutes. OLD BUSINESS -None NEW BUSINESS Consideration of Minutes,July 29, 1998,Joint Meeting with the City of Hugo and White Bear Township (Council Member Neal and Mayor Sullivan were absent) -Upon adoption of the agenda, this item was removed. Consideration of Minutes,July 30, 1998, Special Council Meeting(Council Member Neal was absent) -Upon adoption of the agenda,this item was removed. 14 COUNCIL MINUTES AUGUST 10, 1998 Consideration of Minutes,July 8, 1996, Regular Council Meeting (Council Member Dahl and Mayor Sullivan were not members of the Council) - Upon adoption of the agenda,this item was removed. Consideration of Appointing Election Judges for the 1998 Primary, Tuesday, September 15, 1998, and General Election,Tuesday,November 3, 1998, Marilyn Anderson-Ms. Anderson referred to a list of Election Judges included in the Council packets who will be trained to carry out the 1998 State Primary to be held September 15, 1998, and the General election to be held November 3, 1998. Ms. Anderson stated that she and her Chief Judge will determine which precinct each Judge will be working if the list is approved by Council. She indicated they must carefully consider a balance of Democratic and Republican Election Judges and also try to schedule each Judge to work in the precinct in which they live. Although Judges may represent the Reform Party, Ms. Anderson is not required to schedule equal numbers of Reform Party Election Judges. Ms. Anderson noted she received an application for Election Judge from Mr. John Sullivan. She asked he be included in the motion for approval or denial. Ms. Anderson stated she is in the process of determining how many of the listed Election Judges are available to work this fall. She indicated she hopes to draw enough Election Judges from the list to adequately staff the four(4)voting precincts. Ms. Anderson stated that if she cannot -^ recruit enough Election Judges, she will return to Council with a request for appointment of additional election Judges. Ms. Anderson asked Council approval of the list of prospective Election Judges. Mayor Sullivan asked if she should abstain from voting due to Mr. Sullivan's application. Mr. Hawkins indicated Mayor Sullivan should abstain from voting. Council Member Bergeson asked if he should abstain due to family members on the list. Mr. Hawkins stated that Council Member Bergeson is not legally required to abstain. Council Member Bergeson stated that he will vote because the list cannot be approved if two (2) Council Members abstain. Mayor Sullivan stated that she saw no conflict of interest regarding Council Member Bergeson's vote. Ms. Anderson noted that Council Member Bergeson is not acting as an Election Judge, and therefore, should vote. Council Member Lyden moved to adopt a motion approving the list of election Judges, as presented, including Mr. Sullivan. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan abstaining. Consideration of FIRST READING, Ordinance No. 10 -98,Amending the Cable Franchise Ordinance No. 83 - 08,Article II, Section 4, Franchise Term, Dan Tesch - Mr. Tesch 15 COUNCIL MINUTES AUGUST 10, 1998 explained that the North Metro Telecommunications Commission has been negotiating the renewal of the cable television franchise, which is due to expire in September, 1998. The Commission is in the process of a comprehensive needs analysis which will identify the communities' needs, and assist in the renegotiation of the franchise agreement. Mr. Tesch stated that based on the experience of several neighboring communities, who are also in the middle of the renewal process, the City's legal counsel recommended that the current franchise be extended to March 18, 1999. This will insure adequate time to finalize negotiations. Mr. Tesch noted that all seven(7) cities in the franchise area will need to approve this ordinance. Mayor Sullivan asked for a roll call vote. Council Member Bergeson moved to adopt Ordinance 10 - 98, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance 10 - 98 can be found at the end of these minutes. Consideration of the 1999 North Metro Telecommunications Commission Budget- Mr. Tesch stated the North Metro Telecommunications Commission has prepared their 1999 operating budget. The proposed budget is set at$198,671.00. This is a$17,606.00 decrease over last year's budget. Franchise fees retained by cities is calculated to be $173,838.00 for 1999. Mr. Tesch noted that upcoming projects for 1999 include renewal of the cable franchise with MediaOne. Council Member Bergeson moved to approve the 1999 operating budget, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of the 1999 Media Center Budget- Mr. Tesch explained that an amendment to the Joint Powers Agreement established an Operations Committee which is composed of Member City Administrators. Their primary responsibility is to provide input to the operation and budget of the Community Media Center. Mr. Tesch referred to the 1999 Media Center budget as proposed by the Operations Committee and recommended by the Commission for approval by it's member cities. Mr. Tesch stated the Media Center budget is proposed at$492,187 for 1999. This is composed of operating expenditures of$358,742 and capital expenditures of$133,445. The Operating Committee did not propose, and the Commission is not recommending an increase in the subscriber's monthly PEG fee, which will remain at $2.00 per month. 16 COUNCIL MINUTES AUGUST 10, 1998 Mayor Sullivan verified that the Media Center is for the cable company and not for the City. Council Member Lyden moved to approve the 1999 Operating Budget, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Reorganization Program - Council Member Bergeson stated that Council has met with Mr. Pecchia regarding a proposal for the restructuring of the City and a schedule for the restructuring of the City. If Council approves, Mr. Pecchia will meet with staff for discussion. After discussions, details will be made available. Council Member Bergeson indicated Mr. Pecchia would like to review the re-organizational plan with City staff before details become available. Council Member Bergeson moved to approve the restructuring of the City of Lino Lakes organization and approve the schedule as presented by the City Administrator. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Interim City Administrator Status - Council Member Lyden moved that Mr. Pecchia be compensated an additional $1,847, $7,083 over the Chief of Police salary, in recognition of his roll as both Police Chief and Interim City Administrator and be granted five (5) days of comp time per month, City pay the premium for his Health Partners family coverage, and that he be able to attend already scheduled professional development conferences. This agreement expires January 1, 1999, and upon mutual agreement, a contract will be negotiated. Council Member Dahl seconded the motion. Mr. Pecchia explained that$7,083.00 is the combination of Chief of Police and Interim City Administrator compensation. Council Member Bergeson added that the.motion is a lot of detail to support the Council's intention to ask Mr. Pecchia to stay on as Interim City Administrator for the remainder of 1998. Motion carried unanimously. COMMUNITY CALENDAR FOR AUGUST 11 THROUGH AUGUST 27 1998 Planning and Zoning Board,Wednesday,August 12, 1998, 6:30 p.m. Safety Camp,Thursday,August 13, 1998, Rice Lake Elementary School Citizens Advisory Committee, Monday August 17, 1998, 7:00 p.m. Council Work Session,Wednesday,August 19, 1998, 5:30 p.m. Election Judges Training,Thursday, August 20, 1998, 7:00 p.m. 17 COUNCIL MINUTES AUGUST 10, 1998 Goal Setting Meeting, Monday,August 24, 1998, 4:00 p.m. Comprehensive Plan Task Force,Thursday,August 27, 6:00 p.m. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:04 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, August 24, 1998. i Marilyn Anderson, Clerk-Treasurer ji 41yullivan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. L 18 .ram. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -124 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,APOLLO DRIVE, PHASE 3, PROJECT WHEREAS, pursuant to resolution passed by the Council on July 13, 1998, SEH, Inc., has prepared plans and specifications for the improvement of Apollo Drive from Lilac Street to Lake Drive by constructing street, curb and gutter, and storm 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. Adopted by the Lino Lakes City Council this 101'MKbed gust 9 Ali- A. u n, 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, Sullivan. The following voted against same: none, Council Member Neal was absent. 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 - 123 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT WITH CENTERVILLE FOR 21STAVENUE IMPROVEMENTS AND MAINTENANCE. WHEREAS, a portion of the 21st Avenue Street 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 21"Avenue benefits both Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. hereby authorizes and direct the Mayor and City Clerk to sign the Joint Powers Agreement with Centerville for 21st Avenue Improvements and Maintenance. Adopted by the City Council this 10' da st, 9 . K A. Su li , 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Bergeson introduced the,following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-130 RESOLUTION DECLARING COST TO BE ASSESSED,AND ORDERING PREPARATION OF PROPOSED ASSESSMENT,MILLER'S SOUTH GLEN PHASE I WHEREAS, Miller's South Glen Phase I, is a"contractor improvement" and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be $275,119.83 so that the total cost of the improvement to be assessed is $275,119.83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be .-� $0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be $275,119.83. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece,or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 1 Oth day of August, q99 m rly Sullivan, Mayor n Marilyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 130 Page -2- 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10th, 1998. arilyn . Anderson, Clerk-Treasurer u Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 128 RESOLUTION APPROVING PAYMENT 2 (final) and CHANGE ORDER NO. 1 FOR THE ELM STREET TRAFFIC SIGNAL ROJECT WHEREAS, the construction of the Elm Street Traffic Signal Project has been completed by Peoples Electric, 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$8,869.54 is approved. 2. Payment number 2 (final) in the amount of$5,334.35 is approved for a total contract amount of$68,076.35. Adopted by the City Council this 101h da o u , 199 Ki rl A. S i , Mayor Mar yn 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Dahl introduced the followirg resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 129 RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR ROAD, UTILITY AND DRAINAGE FROM EUGENE ARNT AND ARNT FAMILY LIMITED PARTNERSHIP WHEREAS, the perpetual easement for road, utility and drainage is required to allow for the completion of the Otter Lake Road Realignment Project: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the perpetual easement for road, utility and drainage purposes from Eugene Arnt and Arnt Family Limited Partnership in the amount of$138,085.20. Adopted by the City Council this 10th da u ust, ' Ki er A. LS61rivan, Mayor Marilyn 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Bergeson introduced the following resolution and moved ^ its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 125 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE APOLLO DRIVE, PHASE 3, PROJECT AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, the City of Lino Lakes desires to administer the Apollo Drive, Phase 3 Project; AND WHEREAS, the City of Lino Lakes and County of Anoka agree that the Project is in their best interests and that the cost of the Project be shared; AND WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: ,.� 1. hereby approve the Joint powers Agreement with Anoka County for the Apollo Drive, Phase 3, Project and to authorize the Mayor and City Clerk to sign the Agreement. Adopted by the City Council this 10' d y ust, 9 . A Su an, Mayor Marilyn 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. ^ Council Member Lyden introduced the following resolution and moved its adoption: �. CITY OF LINO LAKES RESOLUTION NO. 98 - 127 RESOLUTION APPROVING PAYMENT 4 (final) and CHANGE ORDERS NO. 1 and 2 FOR THE 1997 WEAR COURSE AND TRAIL PAVING PROJECT WHEREAS, the construction of the 1997 Wear Course and Trail Paving Project has been completed by Expert Asphalt , 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$15,234.33 is approved. 2. Change Order No. 2 in the amount of$14,122.50 is approved. 3. Payment number 4 (final) in the amount of$15,186.04 is approved for a total contract amount of$215,022.08. Adopted by the City Council this 10' dday ust, 9 . b rly Ivan, gayor Marilyn q. 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-131 RESOLUTION DECLARING COST TO BE ASSESSED,AND ORDERING PREPARATION OF PROPOSED ASSESSMENT,MILLER'S SOUTH GLEN PHASE II WHEREAS, Miller's South Glen Phase H, is a"contractor improvement" and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be $75,462.72 so that the total cost of the improvement to be assessed is $75,462.72. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be $75,462.72. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall,upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 1 Oth day of August, j km ullivan,Mayor Marilyn G. Anderson,Clerk-Treasurer RESOLUTION NO. 98 - 131 Page -2- 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August loth, 1998. arilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-132 RESOLUTION DECLARING COST TO BE ASSESSED,AND ORDERING PREPARATION OF PROPOSED ASSESSMENT,PHEASANT HILLS PRESERVE 8TH ADDITION WHEREAS, Pheasant Hills Preserve 8th Addition, is a"contractor improvement'and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be$95,338.33 so that the total cost of the improvement to be assessed is $95,338.33. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be$0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be$95,338.33. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the fast Monday in January, 1999,and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall,upon the completion of such proposed assessment, notify the Council thereof. u RESOLUTION NO. 98 - 132 Page -2- Adopted by the Council this loth day of Augu , 1 8. n Kim rl ullivan, Mayor M 'lyn 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. Marilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 133 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, BEHM'S CENTURY FARM 3RD ADDITION WHEREAS, Behm's Century Farm 3`d Addition is a "developer improvement" and a contractor for the construction of the improvements was not awarded by the City of Lino Lakes and the cost of construction is not included in the assessment total, and; WHEREAS, additional cost identified in the Development Agreement have been determined to be $ 12,069.60 so that the total cost of the improvement to be assessed is $ 12,069.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero, and the portion of the cost to be assessed against benefited property owners is declared to be $ 12,069.60. 2. The assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such improvement in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the Council of the City of Lino qakes this 1 day of August, 1998. Ki berl A u Ivan, Mayor All �..� Man yn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 133 Page -2- 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 favorthereOf: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. Man yn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 134 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, BEHM'S CENTURY FARM 4"' ADDITION WHEREAS, Behm's Century Farm 41h Addition is a "developer improvement" and a contractor for the construction of the improvements was not awarded by the City of Lino Lakes and the cost of construction is not included in the assessment total, and; WHEREAS, additional cost identified in the Development Agreement have been determined to be $ 171,844.40 so that the total cost of the improvement to be assessed is $ 171,844.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero, and the portion of the cost to be assessed against benefited property owners is declared to be $ 171,844.40. 2. The assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such improvement in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the Council of the City of Lin L is d of August, 1998. Ki erly A ran, Mayor Marlyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 134 Page -2- 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 favorthereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. Marilyn G. Anderson, Clerk-Treasurer n Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-135 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN MILLER'S SOUTH GLEN PHASE I WHEREAS, by a resolution passed by the City Council on August 10, 1998,the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Miller's South Glen Phase I, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street,Lino Lakes,Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two(2)weeks prior the hearing,and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two(2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31,of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino s Oth da gust,1998. 101 �,{ /� n be 1 A. llivan, Mayor Mariln G.y Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 135 Page -2- 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: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. arilyn G. Anderson,Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-136 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN MILLER'S SOUTH GLEN PHASE H WHEREAS, by a resolution passed by the City Council on August 110, 1998,the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Miller's South Glen Phase H, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street,Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two(2) weeks prior the hearing, and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31,of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Laes is Oth d of ugust,1998. lu /1 mbe 1 Sullivan, Mayor Marilyn G. Akerson, Clerk-Treasurer RESOLUTION NO. 98 - 136 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member n Dahl and upon vote being taken thereon,the following voted in favor: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal,was absent. Whereupon said resolution was declared 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 August 10, 1995 N arilyn . Anderson, Clerk-Treasurer n Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.98-137 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN PHEASANT HILLS PRESERVE 8TH ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Pheasant Hills Preserve 8th Addition, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes,Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior the hearing, and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino s is 10th da f August 1998. berV A. Sullivan, Mayor Marilyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 137 Page -2- 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: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none. Whereupon said resolution was declared 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 August 10, 1998. Marilyn d. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES r� J RESOLUTION NO. 98- 138 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BEHM'S CENTURY FARM 3RD ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Behm's Century Farm 3rd Addition, and WHEREAS, The Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued tot he date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. They may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of LinWthis y of August, 1998. n, Mavyor Marilyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 138 Page -2- 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, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. Marilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 139 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BEHM'S CENTURY FARM 4T" ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Behm's Century Farm 4`h Addition, and WHEREAS, The Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued tot he date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. They may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Li Lakes this 1 d y of August, 1998. ✓"� Kir A. II n, Mayor Marilyn . Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 139 Page -2- 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 favorthereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared 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 August 10, 1998. Ma lyn G. Anderson, Clerk-Treasurer COUNCIL MINUTES AUGUST 24, 1998 CITY OF LINO LAKES MINUTES DATE : August 24, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 8:20 P.M. MEMBERS PRESENT : Bergeson, Lyden,Dahl,Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; Consulting Engineer, John Powell; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; and City Clerk Marilyn Anderson SETTING THE AGENDA Mayor Sullivan added Item No. 717, City Attorney Contract. She also moved Item No. I A I from the Consent Agenda to Item No. 7E under New Business. Ms. Anderson added Item No. 4C1, Block Party Request, Linden Lane. The amended Agenda was approved as presented. CONSENT AGENDA Council Member Lyden moved to approve the amended Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: August 4, 1998 (Check No. 52050 - 52185, $590,233.13) Approved August 7, 1998 SAC ($4,803.15) Approved August 14, 1998 SAC ($2,237.08) Approved r1 Centennial Fire District Approved 1 COUNCIL MINUTES AUGUST 24, 1998 Mayor Sullivan welcomed Council Member Neal back. She stated that the Quad Press is now available for purchase at the Tom Thumb store on Main Street and Lake Drive. She congratulated the Lino Lakes 4-H Club, who have been entertaining Japanese foreign exchange students. She announced that the City has completed Phase I of the restructuring of City staff. Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Ms. Elise Tagg, 7504 Lake Drive, came forward and expressed concerns regarding the elimination of the Finance Director position and City Engineer position. She asked who will take over the responsibilities associated with those positions.- She stated that other cities similar in size to Lino Lakes have a Finance Director. She stated the City Administrator does not have adequate time to assume the responsibilities of the Finance Director. She stated it seemed odd to eliminate the position of City Engineer at such a critical time in the City of Lino Lakes. She also expressed concern regarding A& P who is in charge of the Civic Complex construction project. She asked how much it is costing the citizens of City due to being behind schedule on the Early Childhood Center construction. Mayor Sullivan explained that the Early Childhood Center is behind schedule because of the two (2)major storms that hit the City this summer. The contract extension for the opening of the Early Childhood Center is not costing the City any more money. The Centennial School District is on board regarding the delay. Ms. Tagg asked how the delay will affect A& P and the developers of the project. Mayor Sullivan indicated A& P is managing the project. The delay from the storms caused the foundation to have to be dug again. A& P is responsible to make sure the project is completed on schedule and will continue to manage the expenses of the contract. Mayor Sullivan explained that the City is trying to evaluate what makes the most sense regarding the reorganization of staff. Mr. Pecchia determined what things work best in the City. Positions have been eliminated but a new structure has been created. A financial analysts will be appointed to deal with financial issues of the City. Within the new structure, there will be new responsibilities. The Council approved the restructuring of City staff. The goal is for better utilization of staff. The City was in need of more efficiency, a better reporting structure, and better communication. Ms. Tagg asked if the system is indeed better, why aren't other cities also restructuring. Mayor Sullivan stated research regarding the restructure was done. Other cities are looking at restructuring also. The City chose a structure which best suited the needs of the City. The financial analysis position is open. Ms. Tagg stated there is no one within the City to deal with questions that a City Engineer would handle. It is not appropriate to not have a City Engineer. 2 COUNCIL MINUTES AUGUST 24, 1998 Mayor Sullivan stated the City will have an engineer. That issue will be discussed during tonight's meeting. POLICE DEPARTMENT REPORT, DAVE PECCHIA Consideration of the Employment of Two (2) Part-Time Community Service Officers - Mr. Pecchia explained that staff has accepted approximately 50 applications for two (2)part-time Community Service Officer(CSO)positions. After review of their qualifications and interviews, he requested Council approval to offer the two (2)part-time positions to Ms. Kelly A. McCarthy and Mr. Daaron E. Arnold dependent upon satisfactory background investigations. Council Member Neal moved to approve the request to offer the two (2)part-time positions, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT Consideration of a Variance,James Dougherty, 147 Smoketree Lane,Mary Kay Wyland- Ms. Wyland stated this case involves a request from Mr. Dougherty of 147 Smoketree Lane for a variance to allow the construction of a third stall on his garage with living space above. The proposed addition will be 14 feet in width, 24 feet in depth and located 24 feet from the side property line at the front of the addition and 28 feet from the side property line at the rear of the addition. The property is Zoned R-1 Single Family and is considered a corner lot, therefore the setback requirement is 30 feet. Ms. Wyland explained that Mr. Dougherty is requesting a variance of 2 feet on the rear and 6 feet on the front. As a slight alternative, Mr. Dougherty could reduce the proposed addition by 2 feet, thereby meeting the setback requirement on the rear of the addition and requiring only a 4 foot variance on the front of the addition. In either event, it does not appear that a site distance/visibility problem would occur with the proposed construction. Ms. Wyland noted the City Engineer has viewed the site and would concur with this observation. The Planning and Zoning Board recommended approval of the Variance for a 14 foot x 24 foot addition at their August 13, 1998, meeting. Ms. Wyland explained that circumstances are such involving this case that the applicant was able to obtain a building permit and ready the site for the proposed construction. When the applicant called for a footing inspection it was determined that he was too close to the side property line. Thus the variance request. Mayor Sullivan asked if the footings have been poured. Ms. Wyland stated the footings have been dug but not poured. She noted she has a petition from seven(7) adjoining property owners that have no objection to the construction. Council Member Bergeson asked if the Ordinance stipulates the amount of feet from the street. Ms. Wyland stated the setback is 30 feet from the street. A street is typically 60 feet wide, 30 3 COUNCIL MINUTES AUGUST 24, 1998 feet blacktop and 15 feet right-of-way on each side. There is confusion regarding the Ordinance-, The street is not where the curb is. An amendment is being considered to clarify the Ordinance. Mayor Sullivan asked if it would be a hardship for the applicant if the extra 2 feet were not granted. Mr. Dougherty came forward and stated it would be a hardship. It would take away a portion of a bedroom. Pre-assembled rafters would be wasted and the footings would have to be re-dug closer to the house. Council Member Lyden moved to approve the variance as requested for a 14 foot x 24 foot addition and apologized for any trouble caused to the applicant. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Dahl excused herself at 7:00 p.m. Consideration of a Site Plane Review,Russell Trettel, 7148 Rice Lake Lane, Mary Kay Wyland -Ms. Wyland stated this case involves a request to move a 14 foot x 22 foot(308 square foot) garage onto a parcel of property at 7148 Rice Lake Lane. The applicant currently has a 22 foot x 22 foot(484 square foot) attached garage. The site is 150 feet wide by 300 feet deep for a total of 45,000 square feet. The Zoning Ordinance allows a total of 1,120 square feet of accessory building on parcels this size. The existing garage and building to be moved would total 792 square feet, well within the requirements of the Ordinance. The Ordinance also requires any structure moved onto a parcel of property to do so via a Site Plan Review. Therefore, this item is being brought forward for review and approval by the City Council. `.. Ms. Wyland stated the City's Building Official has inspected the structure to be moved and found it to be structurally adequate. The applicant does plan to re-roof the structure and paint the exterior to match his existing home. The 14 foot x 22 foot building is proposed to be located in the rear yard, 5 feet from the side property line and 12 feet from the rear. Ms. Wyland noted the Planning and Zoning Board recommended approval of this site plan review with stated conditions. Council Member Bergeson asked who does the follow up regarding suggested conditions of approval. Ms. Wyland indicated the painting and roofing conditions will be attached to the building permit. The Building Official will follow up. It is a misdemeanor if the property owner does not adhere to the stated conditions. Council Member Dahl returned at 7:04 p.m. Council Member Bergeson moved to approve site plan review with the following conditions. 1. Proper building permits are obtained and the structure meets all applicable requirements of the State Building Code. 2. The structure is fr-roofed, within 60 days of its location on the property, to match 4 COUNCIL MINUTES AUGUST 24, 1998 the existing home. 3. The structure is repainted, within 60 days of its location on the property, to match the existing home. 4. The structure is located on the site so as to meet all applicable Zoning setback requirements. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Final Plat, Pheasant Hills Preserve,9th Addition,Mary Kay Wyland - Ms. Wyland stated the preliminary plat for Pheasant Hills Preserve was approved by the City in the early 1990's. This request for Final Plat involves Phase 9 which is located in the north/west corner of the development. The area consists of 15.75 acres for a total of 15 lots. The property is Zoned R-IX Single Family Executive. Ms. Wyland indicated the City has received a signed Development Agreement and financial guarantees covering this phase of development. Utility work is currently underway and the City Attorney is reviewing the title work. Staff would recommend approval of the Final Plat and the allocation of 15.75 acres of Interim MUSA Reserve. This allocation will leave a balance of 53.36 acres of MUSA Reserve in the City's MUSA Bank. Mayor Sullivan asked if the plat meets all requirements for this area. Ms. Wyland stated the plat does meet all requirements. A condition was added for a"tear drop"cul-de-sac. Ms. Wyland passed out a copy of the new plat. She explained that the cul-de-sac on the previous plat was rounded. The City does not use that design for cul-de-sacs. Mayor Sullivan asked if Public Works had reviewed and approved the "tear drop" cul-de-sac. Ms. Wyland indicated Public Works has reviewed and approved. The "tear drop' design is standard for the City. Council Member Bergeson asked if the developer is aware of the new design for the cul-de-sac. Ms. Wyland indicated the developer is aware of the change. Council Member Lyden asked if Lot I and Lot No. 4 meet all criteria. Ms. Wyland indicated all criteria has been met for all lots. Council Member Bergeson moved to approve the Final Plat for Pheasant Hills Preserve 9th Addition and approve allocation of 15.75 acres of Interim MUSA Reserve. Mayor Sullivan made a friendly amendment adding the condition of the"tear drop" design cul- de-sac. n Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. 5 COUNCIL MINUTES AUGUST 24, 1998 Consideration of Accepting a Quit Claim Deed, Feed Rite Controls,Inc.,Brian Wessel-Mr. u Wessel explained that when Apollo Drive was constructed to Lilac Street it cut through the Feed Rite Controls property, leaving a very small outlet on the southwest corner of Apollo Drive and Lilac Street. Feed Rite Controls indicated they would prefer to deed this over to the City rather than pay the taxes on it or let it go into tax forfeiture. The market value of the parcel is $2,100. Mr. Wessel stated Feed Rite has signed a quit claim deed. Upon acceptance of the parcel,the City will have to pay the taxes of$38.59 to have the parcel recorded. This parcel may be of interest to the City for an eventual entrance sign into Apollo Business Park or Lino Lakes Blacktop may be interested in acquiring it if it would benefit their property. Council Member Lyden moved to accept the Quit Claim Deed from Feed Rite Controls,Inc. and instruct the City Clerk to forward it to the City Attorney for recording. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Execution of Quit Claim Deed for Transfer of City Owned Land to Anoka County,Brian Wessel-Mr. Wessel explained that as part of the land exchange with Anoka County to acquire the civic complex site,the City agreed to transfer a City-owned parcel along I- 35W to the County. This 10 acre site is not accessible and is of no use to the City. When the land is transferred to the County it will be included in the Rice Creek Regional Park. A Quit Claim Deed needs to be executed by the City to complete this agreement with the County. Council Member Bergeson moved to authorize the execution of a Quit Claim Deed and instruct the City Clerk to forward it to the City Attorney for recording. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Contract with Ehlers & Associates, Brian Wessel-Mr. Wessel explained that this contract is for professional services to provide financial consulting in the area of Tax Increment Financing(TIF). Due to numerous changes in the area of TIF and TIF reporting, staff is recommending that Ehlers and Associates be hired. The have the capacity to provide direction regarding TIF planning and reporting procedures. The scope of services includes assistance with the maintenance of existing districts, preparation of cash flow and new TIF districts, and meeting state reporting laws. The cost for the services is an eligible administrative expense that comes out of TIF. Mr. Wessel referred to and summarized a memo which specifically listed the duties Ehlers and Associates will perform regarding TIF Management and TIF Recording. He stated this is a very complex and important aspect of City business. He feels the City should take advantage of the expertise of Ehlers and Associates for a short time until Council directs the City staff differently. Council Member Lyden asked if the City has ever been assessed any penalties such as ASNA. Mr. Wessel indicated he could not answer that question. He stated he believes if the City has 6 COUNCIL MINUTES AUGUST 24, 1998 ever been assessed for penalties it was a very small amount. He indicated he could get a definite., answer for Council Member Lyden. Mayor Sullivan expressed concern regarding three(3) issues. She stated the contract should include items indicated in the August 21 st memorandum,require the consultant follow the policy for reimbursement and the City Administrator approve change orders regarding costs. She wanted the services specifically spelled out, the hourly rate, and what was to be reimbursed. She stated that as consultants Ehlers and Associates should adhere to City policy regarding reimbursements. Mr. Wessel stated the August 21 st memorandum is specific. The City may make a provision that the City Administrator or Council can increase the hourly rate. He indicated he will change the agreement so it states Ehlers and Associates will adhere to City policy regarding out of pocket expenses. Mr. Wessel stated this issue can be carried over to the next meeting. Mayor Sullivan stated a discussion needs to be held regarding this issue. The discussion can be held now or the issue can be tabled. Council Member Bergeson asked if there is urgency regarding this issue from the Economic Development Department. Mr. Wessel indicated Ms. Divine has expressed great urgency because of prospects for the Apollo Business Park. However, he stated it is important for the Council to feel comfortable with the contract. Ehlers and Associates are available to be present for a discussion with Council. Mayor Sullivan stated Mr. Wessel has addressed her issues. She indicated she would like the August 21 st memo to be added to the contract. Ehlers and Associates will use City Policy regarding expenses. A decision will be made regarding the Council approving the hourly rate or the City Administrator approving the hourly rate. She stated she does feel strongly that the City does need financial expertise with a finance person in charge. There should be a co-ownership in the Finance Department and the new structure encourages a co-ownership. She stated she would like it to be a duo reporting position. Work should be done to bring staff up to speed. This agreement should be short term. She indicated she would like.to see an estimate of the number of hours that are needed for the duties listed. She stated she had asked for that information at the last work session. Mr. Wessel stated the position was originally looked at jointly. Several consultants were interviewed and Ehlers and Associates were recommended. He asked specifically what Mayor Sullivan had asked for at the work session. Mayor Sullivan stated she was concerned about continuing to add consultants. She would like to identify specific projects and hours related to those projects. She does not want any contracts for too long a time period. Council Member Bergeson asked for some monitory figures regarding existing districts and new districts. Mr. Wessel explained there are nine (9)existing districts. He estimated adding four(4) new districts. A new district is created for every market project. The details will be looked at more closely when the projects are reviewed. A financial expert is needed to stay on top of the districts. He estimated approximately $15,000 in consulting fees regarding TIF districts. Mayor Sullivan stated Mr. Ron Betty is the current TIF Attorney. A TIF Policy needs to be in place to complete the Apollo Business Park. TIF provides incentive for development in certain areas. Mr. Wessel noted Clearwater Creek is another area that needs completion. 7 COUNCIL MINUTES AUGUST 24, 1998 Council Member Bergeson moved to approve the contract with Ehlers and Associates, Inc., as presented. Mayor Sullivan made a friendly amendment to include the following conditions: 1. The contract includes the August 21 st memo. 2. Ehlers and Associates is required to comply fully with the City Policy regarding reimbursements. 3. The City Administrator have approval for increase in hourly pay. A notice to the City Council will be required. 4. Ehlers and Associates will have joint responsibility with the City Administrator and the Economic Development Department. Council Member Bergeson stated he agreed with the amendment to the motion if the changes are not difficult for the Economic Development Department. Mr. Wessel indicated the changes are not difficult for the Economic Development Department. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Appointment of John Powell (TKDA) as City Engineer, Brian Wessel- Mr. Wessel stated City staff reorganization required re-assignment of the City Engineer's responsibilities to a consulting City Engineer. Mr. John Powell of TKDA has agreed to serve as City Engineer through December of 1999. As an employee of TKDA,he is bound by the conditions and obligations of the contract between TKDA and the City. Mr. Powell will work under the Community Development Director. His responsibilities will include managing the City's Municipal State Aid system, submitting reports and permit applications to governmental agencies, and serving as lead contact for the City on engineering issues. Mr. Wessel stated the Community Development Department has three (3) goals. The first goal is to establish a Commercial image within the City of Lino Lakes, 2) expand the City's economic base, and 3) address the City's infrastructure needs. He stated the appointment of Mr. Powell as City Engineer is an opportunity to facilitate the restructure of City staff. Mr. Wessel referred to a preliminary organization plan of the City. He indicated the City is looking to integrate the functions of the City Engineer within the Economic Development Department. Mr. Wessel read a letter from Mr. Powell that indicated he accepted the City's appointment to serve as City Engineer through December, 1999. 8 COUNCIL MINUTES AUGUST 24, 1998 .-� Mayor Sullivan responded to Ms. Tagg's concerns. She stated the Public Works Director/City Engineer position has been eliminated but some of those elements are needed within staff. Mr. Powell has managed the City engineering in the past. Mr. Powell has the most up to the minute information and expertise. This appointment is very appropriate for Mr. Powell to be in this position to complete projects already in progress. Council Member Lyden moved to deny the appointment of John Powell as the City's consulting engineer through December, 1999. Council Member Dahl seconded the motion. Council Member Lyden expressed concern regarding the idea of all entities becoming self serving over time. He stated the City can become self serving. The Council is in place for the residents of Lino Lakes. He stated he would like all employees of the City to be for the people of Lino Lakes. The motion failed with Council Members Bergeson and Neal and Mayor Sullivan voting no. Council Member Bergeson moved to approve the appointment of John Powell, TKDA, as the City's consulting engineer through December, 1999. Council Member Neal seconded the motion. Mayor Sullivan noted that Mr. Powell has done a good job for the City in the past. He provides r-1 reliable information and she trusted that will continue. Council Member Bergeson pointed out that with the reorganization, this position will report to the Economic Development Department which is different than in the past. He stated he hopes that will alleviate any concerns of Council Members. Motion carried with Council Member Lyden and Council Member Dahl voting no. Consideration of Resolution No. 98- 126,Accept Bids & Award Construction Contract, Otter Lake Road Realignment,John Powell-Mr. Powell stated the bids for this project were received and publicly opened on August 7, 1998. There were 13 planholders for this project who could have submitted a bid as prime contractors, of which, only two (2) actually submitted bids. As the substantial completion date for this project is October 31, 1998, many bidders may not have wanted to commit to a 1998 completion date for a project of this size given their existing workload. The low bid amount is about 20%below the Estimate of Probable Construction Costs. The difference is due to lower than expected unit prices for the pond and roadway excavation. Amt Construction's immediate proximity to the project site enabled them to bid the excavation work, and the remainder of the project, much more aggressively than other contractors. Based on the low bid received from Arnt Construction Co., Inc., in the amount of$1,537.036.01, and the estimated quantities for this project,the funding amounts from the various sources for the construction costs on this project are estimated as follows: 9 COUNCIL MINUTES AUGUST 24, 1998 Anoka County $ 628,100.00 Special Assessments-Street/Storm Sewer $ 315,153.00 Trunk Water and Sewer Funds $ 86,424.33 Surface Water Management $ 453,677.68 Trails (State Aid) $ . 23,052.00 Landscaping (Grant) $ 30,629.00 Contract Amount $1,537,036.01 Mr. Powell stated the cost to pave the trail is estimated at$17,700. A funding source will have to be identified. He stated he will pursue the funding source with the Park Department if the Council approves. Council Member Bergeson asked if is possible to include the trail paving as a bid alternate to be debated after a discussion. Mr. Powell indicated the trail paving can be added in the future without a re-bid. The trail paving will not be done until next spring. The Council does not have to proceed with the change order immediately. Council Member Bergeson stated this issue was discussed at the last work session. Paving the trail while workers are already in the area is a good idea but the Council does not want to undermine the Park Board. He stated that before moving ahead with this a discussion needs to be held with the Park Board regarding their priorities and funding. Mayor Sullivan encouraged the opportunity to pave the trail because it is beneficial to the City. �..� She stated Mr. Powell should work with the Park Board regarding funding and priorities. Mr. Tesch noted the September, 1998, Park Board meeting has been canceled. Council Member Lyden stated he would like a commitment from Council to finish the trail. He asked if the funds would be taken out of Park Dedication Trail Funds or General Fund. Mr. Powell indicated it is up to the Park Board to identify the funds. He stated he can pursue State Aid funding. Mayor Sullivan stated Mr. DeGardner can help identify other funding sources. Council Member Bergeson moved to adopt Resolution No. 98 - 126, as presented, and instruct the City Engineer to continue to investigate the possibility of paving the trail with Park staff. Council Member Neal seconded the motion. Motion passed unanimously. Resolution No. 98 - 126 can be found at the end of these minutes. Comprehensive Plan Update,Brian Wessel-Mr. Wessel went over the schedule for the remainder of the Comprehensive Plan Task Force meetings. He noted the next meeting is Thursday, August 27, 1998, 6:00 p.m. There will be three (3) meeting is September. The Comprehensive Plan will be brought before the Planning and Zoning Board on October 14, 1998. The Comprehensive Plan will then be brought before Council for approval on October 26, 1998. 10 COUNCIL MINUTES AUGUST 24, 1998 Mr. Wessel noted the date for the Vision Bus Tour has been changed to October 10, 1998, at 9:00 a.m. There will be a summary of the Comprehensive Plan with the Vision Bus Tour. Mayor Sullivan stated the Quad did carry a press release with the schedule of the remaining Comprehensive Plan Task Force meetings. The City is working on a,communication plan to begin providing information to citizens regarding the Comprehensive Plan. Council Member Neal asked how many people are allowed on the Vision Bus Tour. Ms. Wyland indicated there is a 60 person maximum on the bus. More buses are available if needed. Mayor Sullivan noted City staff and Comprehensive Plan Task Force members will be at City Hall during the bus tour with maps of the City. A discussion will be held and additional information for residents will be provided. Council Member Neal asked if the Vision Bus Tour will begin with coffee and donuts. Ms. Wyland stated refreshments will be served. The City is asking for reservations for the Vision Bus Tour. Council Member Lyden asked if there will be a slow growth bus and a moderate growth bus. Mayor Sullivan stated there will be a Comprehensive Plan bus. The Council is committed to finding and approving a plan that is acceptable. ADMINISTRATION DEPARTMENT REPORT Consideration of an Application for a Block Party, Caribou Circle, Marilyn Anderson -Ms. Anderson stated a block party is planned on Caribou Circle, Saturday, September 12, 1998, starting at 5:00 p.m. and ending at 10:00 p.m. Ms. Anderson referred to a map that shows the location of the party and the property owners shown with slant marks have signed the petition acknowledging they were notified about the party. Caribou Circle has held a block party every year since the neighborhood developed. Both the Police Department and the Public Works Department have been given information on the party. The Public Works Department will provide barricades for blocking the cul-de-sac. The Police Officer assigned to this precinct will probably visit the party. In the past, the City Council has encouraged these parties as it presents an opportunity for neighbors to get acquainted with one another. These parties also create the opportunity to form a neighborhood crime watch unit. Ms. Anderson requested approval of this block party. Council Member Neal stated he has always been in favor of block parties. He expressed concern regarding a party that was held off of Ware Road. There were several arrests when guests tried to reach a graduation party. He indicated he has reservations about the parties if people have a problem with the Police Department. The residents involved in the parties should be responsible for getting their guests to the parties and he will support the Police Department. Ms. Anderson 11 COUNCIL MINUTES AUGUST 24, 1998 explained the party Council Member Neal was referring to was not a block party. People do not , come from different areas of the City for block parties. The party is for the immediate residents. �-- Council Member Bergeson moved to approve the block party for Caribou Circle. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Glen Circle-Ms. Anderson stated a block party is planned on Glen Circle for Saturday, August 29, 1998, starting at 5:00 p.m. and ending at 10:00 p.m. Ms. Anderson referred to a map that shows the location of the party and the property owners shown with slant marks have signed the petition acknowledging they were notified about the party. There are only two (2) families living on Glen Circle at this time. Both the Police Department and the Public Works Department have been given information on the party. The Public Works Department will provide barricades for blocking the cul-de-sac. The Police Officer assigned to this precinct will probably visit the party. Ms. Anderson requested approval of this block party. Council Member Bergeson moved to approve the block parry for Glen Circle. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Oakwood Lane- Ms. Anderson stated a block party is planned on Oakwood Lane for Saturday, September 19, 1998, starting at 3:00 p.m. and ending at 10:00 p.m. Ms. Anderson referred to a map showing the location of the party and the property owners shown with slant marks have signed the petition acknowledging they were notified about the party. The Woodridge Estates area has held a block party every year since the neighborhood was developed. Both the Police Department and the Public Works Department have been given information on the party. The Public Works Department will provide barricades for blocking the cul-de-sac. The Police Officer assigned to this precinct will probably visit the party. Ms. Anderson requested approval of this block party. Council Member Bergeson moved to approve the block party for Oakwood Lane. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of an Request for a Block Party, Linden Lane- Ms. Anderson stated this morning she received a telephone call from a Linden Lane (Pineridge Addition) resident who explained that they were planning a block party for Sunday, August 30, 1998, in an area where Linden Lane changes from a north/south street to an east/west street. There is an approximate 1/2 cul-de-sac that the neighborhood would like to block for their parry. Ms. Anderson indicated she explained to the caller that City Council approval is necessary since the party will occur on City right-of-way, but she would get comments from the Police 12 COUNCIL MINUTES AUGUST 24, 1998 Department, Public Works Department, and the Centennial Fire Department and if their comments were positive, she would bring the matter before the City Council this evening. Ms. Anderson stated she has not received comments from these departments as yet, therefore, she is asking that the City Council approve the block party providing all three (3) departments are comfortable with safety concerns. Ms. Anderson requested Council approval for the block party on Linden Lane. Council Member Bergeson moved to approve the request for the block party for Linden Lane with the provision that all three (3) City Departments provide a favorable report. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of SECOND READING, Ordinance No. 10 -98,Amending the Cable Franchise Ordinance No. 83 -08,Article II, Section 4,Franchise Term, Dan Tesch -Mr. Tesch explained that this Ordinance, if approved, will extend the current Cable Television Franchise expiration date from September, 1998, to March 18, 1999, and allow adequate time to finalize negotiations on the renewal of the franchise. The FIRST READING was held at the August 10, 1998, Council meeting. There have been no comments, corrections, or additions proposed to the Ordinance since the FIRST READING. Mr. Tesch recommended the City Council adopt the SECOND READING of Ordinance No. 10 - 98. Council Member Lyden moved to adopt the SECOND READING of Ordinance No. 10 - 98, as presented. Council Member Neal seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Neal voted yes. Council Member Lyden voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance No. 10 - 98 can be found at the end of these minutes. Consideration of Resolution No. 98 - 142,Adopting the Proposed 1999 General Operating Budget for the City of Lino Lakes,Dave Pecchia - Mr. Pecchia stated that Truth in Taxation requires the City of Lino Lakes to adopt a proposed 1999 operating budget on or before September 15th of each year. The 1999 budget is proposed with a 5.07% increase. Mr. Pecchia stated the department budgets within the proposed budget will be further reviewed by the City Council and staff between September 15, 1998, and November 20, 1998, for changes if needed. 13 COUNCIL MINUTES AUGUST 24, 1998 Council Member Bergeson asked what the significance of the dates are. Mr. Pecchia explained the City must have a maximum budget filed at Anoka County by September 15, 1998. November 20, 1998, is a date established as the deadline for Council to make changes before the December, 1998, hearings. This will allow sufficient time for staff to incorporate any changes they may have. Council Member Bergeson suggested Council set a specific time aside to discuss and deal with any changes in the budget before the budget must be submitted. Council Member Bergeson moved to adopt Resolution No. 98 - 142, as presented with the condition that a specific time be set aside for Council to review any necessary changes. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 142 can be found at the end of these minutes. Consideration of Resolution No. 98- 143, Certifying the Proposed 1998 Tax Levy, Collectable in 1999,David Pecchia-Mr. Pecchia stated that Truth in Taxation requires the City of Lino Lakes to adopt a proposed 1998 tax levy on or before September 15th of each year. The proposed levy may be decreased when the final levy is adopted on December 14, 1998. The final levy can not be more than the proposed levy. The total levy includes dollars for the general operating budget as well as dollars for general bonded debt. The levy will be further reviewed by the City Council and staff between September 15, 1998, and November 20, 1998, for changes if necessary. Council Member Lyden moved to adopt Resolution No. 98 - 143, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 143 can be found at the end of these minutes. ATTORNEY'S REPORT,BILL HAWKINS Consideration of Emergency Ordinance No. 11 - 98, Placing a Moratorium on the Issuance of Liquor Licenses within Any Zoning District of the City of Lino Lakes - Mr. Hawkins stated the City of Lino Lakes is restricted as to the number of liquor licenses that it can issue. The restriction is found in State Statute 340A.413, (4). The restriction is based on the population of the City at the previous federal census which was in 1990. There were 8,807 people living in Lino Lakes at that time. All of this means that the City is limited to six(6) on-sale liquor licenses until the next federal census. The City has already issued three (3) on-sale licenses (49 Club, Miller's on Main, and Shirley Kaye's). Therefore, the City can issue only three (3) more licenses. There has been a number of inquiries about issuing additional on-sale licenses. Since the City would like the opportunity to regular the location of these licenses, a moratorium ordinance has been proposed to allow time to prepare ordinances addressing the location of on-sale liquor licenses. 14 COUNCIL MINUTES AUGUST 24, 1998 Mr. Hawkins noted Emergency Ordinance No. 11 - 98 requires a 4/5 vote. The Ordinance will place a moratorium on on-sale liquor licenses for six (6)months. Mayor Sullivan stated this Ordinance is appropriate. The City needs to make sure commercial development is in the right place. The City may want to limit the issuance of any new liquor licenses to the 35W corridor only. Mr. Wessel stated the Commercial Development Department will supply a study regarding this issue. Six (6) months is an appropriate amount of time to be clear about the quality and location of commercial development. Council Member Neal asked if a hotel and liquor license are being proposed for the Town Center. Mr. Wessel indicated there is no immediate proposal. The Master Plan does call for a restaurant. Council Member Neal asked if a liquor license in that location would be too close to the school. Mr. Wessel indicated it may be too close to the Early Childhood Center. Council Member Neal stated the City should look into changing that part of the Ordinance first. Mr. Wessel stated the City will look at all issues regarding location of an on-sale liquor license. n Council Member Lyden moved to adopt Ordinance No. 11 - 98, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted no. Mayor Sullivan voted yes. Motion carried with Council Member Neal voting no. Ordinance No. 11 - 98 can be found at the end of these minutes. Consideration of Payment to Leo B. and Genevieve A. Bruder- Mr. Hawkins stated the City is in the process of acquiring property from two (2) property owners to facilitate the extension of Apollo Drive. Mr. and Mrs. Bruder have agreed to close and convey the property to the City for $150,000, which was the appraised value. Mr. and Mrs. Bruder will retain the right to contest the appraisal amount. Mr. Hawkins indicated the City has reached an agreement for the Ormond property also. Mr. and Mrs. Ormond have signed a purchase agreement in the amount of$200,000, which was the appraised value. He indicated Mr. and Mrs. Ormond would like to close on the sale as soon as possible. Mr. Hawkins asked the Council to authorize the City to enter into an agreement with Mr. and Mrs. Ormond and approve the issuance of a check for Mr. and Mrs. Bruder. He noted the City will be subject to additional closing costs. 15 COUNCIL MINUTES AUGUST 24, 1998 Council Member Neal moved to approve the issuance of a check in the amount of$150,000 for Mr. and Mrs. Bruder, subject to Mr. and Mrs. Bruder contesting the appraisal and authorize the City to enter into a purchase agreement in the amount of$200,000 for Mr. and Mrs. Ormond. Council Member Dahl seconded the motion. Motion carried unanimously. Mr. Hawkins stated both parties are eligible for relocation benefits and other compensation benefits. Mr. Hawkins will report back to Council when those benefits are determined. OLD BUSINESS -None NEW BUSINESS Consideration of Minutes,July 29, 1998,Joint Meeting with the City of Hugo and White Bear Township (Council Member Neal and Mayor Sullivan were absent) - This item was temporarily tabled. Consideration of Minutes,August 5, 1998 (Council Member Neal was absent) - Council Member Lyden moved to approve the August 5, 1998,minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of Minutes,August 10, 1998 (Council Member Neal was absent) -Council Member Dahl moved to approve the August 10, 1998, minutes, as presented. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of Minutes,July 8, 1996,Regular Council Meeting(Council Member Dahl and Mayor Sullivan were not members of the Council) -This item was temporarily tabled. Consideration of Minutes,July 27, 1998,Regular.Council Meeting-Mayor Sullivan asked for verification regarding the last paragraph on page 5. She asked if the "City Code" regarding septic systems is set up by the City or State. Mr. Powell explained that the "City Code" is adopted from the State Code. The statement should therefore read"State Code". Mayor Sullivan made a change regarding paragraph 6, page 11. The motion should also indicate Mayor Sullivan gave staff direction to present the letters to the Task Force members for consideration. Council Member Lyden moved to approve the amended July 27, 1998, minutes. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Minutes,July 29, 1998,Joint Meeting with the City of Hugo and White Bear Township (Council Member Neal and Mayor Sullivan were absent) - Council Member Dahl moved to approve the July 29, 1998, minutes, as presented. Council Member Lyden seconded the motion. Motion carried with Council Member Neal and Mayor Sullivan abstaining. Consideration of Minutes,July 8, 1996,Regular Council Meeting(Council Member Dahl and Mayor Sullivan were not members of the Council) - Council Member Bergeson moved to 16 COUNCIL MINUTES AUGUST 24, 1998 approve the July 8, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Dahl and Mayor Sullivan abstaining. Consideration of City Attorney Contract- Mr. Pecchia reviewed the terms of the updated contract with William G. Hawkins, Associates, for the City Attorney position. He noted the term of the contract is from August 1, 1998,through July 31, 2000. Staff recommended approval of the City Attorney Contract. Council Member Bergeson moved to approve the updated City Attorney Contract, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Bergeson asked about the time sheet for the EDA meeting. Mayor Sullivan stated the meeting will be continued on Thursday, August 27, 1998, 5:30 p.m. Mr. Hawkins explained that the meeting was convened and will be continued. Mayor Sullivan stated the City has received many calls from residents regarding the Black Duck road reconstruction. The City Engineer will be sending out a letter regarding progress and plans. Further information will be available soon. Mr. Wessel noted there is an Environment Board meeting August 26, 1998, 6:30 p.m., at City Hall. COMMUNITY CALENDAR FOR AUGUST 24 THROUGH SEPTEMBER 14, 1998 Environmental Board Meeting,Wednesday,August 26, 1998, 6:30 p.m. Joint Special Council Meeting/Comprehensive Plan Task Force Meeting,Thursday,August 27, 1998,.6:00 p.m. City Hall Closed for Labor Day, Monday, September 7, 1998 Public Accuracy Test, Tuesday, September 8, 1998, 4:00 p.m. Mayors Round Table,Tuesday, September 8, 1998, 7:00 p.m. Council Work Session, Wednesday, September 9, 1998, 5:30 p.m. Planning and Zoning Board, Wednesday, September 9, 1998, 6:30 p.m. EDAC,Thursday, September 10, 1998, 7:00 a.m. Comprehensive Plan Meeting,Thursday, September 10, 1998 6:00 p.m. 17 COUNCIL MINUTES AUGUST 24, 1998 ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:20 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, September 14, 1998. *ieMa 'lyn Anderson, Clerk-Treasurer ullivan, Mayor Transcribed by: Kim Points Timesaver Off Site Secretarial, Inc. 18 Lyden Council Memberl�introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 10-98 AN ORDINANCE AMENDING THE CABLE FRANCHISE ORDINANCE NO. 83- 08, ARTICLE II, SECTION 4, FRANCHISE TERM The City Council of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. Ordinance No. 83-08, Article 2, Section 4, Franchise Term, is hereby amended to read: Section 4.04 Franchise Term This Franchise shall commence upon the effective date of the regular certificate of confirmation issued by Board shall expire on March 18, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This Ordinance shall be effective upon passage and official publication. 4th August Passed by the Lino Lakes City.Council on this day of IL, 1999 S lliv i, Wyor Marilyn G. An erson, Clerk-Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member , and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. Council Member Lyden introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINACE NO. 11 - 98 AN EMERGENCY ORDINANCE PLACING A MORITORIUM ON THE ISSUANCE OF LIQUOR LICENSES WITHIN ANY ZONING DISTRICT OF THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a Chapter to read as follows: Section 1 . Preamble. WHEREAS, the City of Lino Lakes is limited by state law in the number of liquor/beer licenses which can be issued by the City; and WHEREAS, on-sale and off-sale liquor licenses are currently considered to be either a permitted use or a conditional use in the following zoning districts: light business, general business, central business, shopping center, light industrial and general industrial; and WHEREAS, the zoning ordinance of the City has not established further criteria for the location and siting of business utilizing liquor licenses; and WHEREAS, the City Council has directed the Community Development Department to conduct a study of existing licenses, development within the City, potential and likely location for liquor licenses, in order to develop some criteria for the location of establishments utilizing liquor licenses; and WHEREAS, it will be necessary for the City Council to amend the zoning ordinance to adopt any resulting criteria and recommendation deemed appropriate by the City Council; and WHEREAS, the Lino Lakes City Council finds that proper planning for the siting of liquor licenses within the City is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; and; -1- n r WHEREAS, the City of Lino Lakes, as authorized by Minnesota Statute §462.355, Subd. 4, is conducting a study to consider adoption of amendments to official controls, including the zoning code, which could affect the siting of the liquor licenses within the City; and WHEREAS, the Lino Lakes City Council finds that an interim ordinance placing a moratorium on the issuing of a liquor license within certain specified districts is necessary to protect the planning process and the on- going process of the amendment of the zoning ordinance; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter than an emergency interim ordinance placing a moratorium on the location of liquor licenses within certain zoning districts is necessary and should go into effect immediately upon the passage of this ordinance, so that the City can conclude its studies and hearings related to the amendment of the official controls. Section 2. Definitions. Liquor License. Those licenses required by Section 701 .02 of the Lino Lakes City Code and all subdivisions thereof. Section 3. Public Hearing and Study. The City Council hereby directs the Community Development Department of the City to study the siting of liquor licenses as defined in Section 2 above and to schedule the necessary public hearings, at which time public comment will be accepted and reviewed regarding the placement and location of liquor licenses within the City. Section 4. Location. During the term of this ordinance, no new liquor license shall be issued and/or located in any of the zoning districts within the City, including light business, general business, central business, shopping center, light industrial and general industrial. -2- Section 5. Violation. The City may enforce any provision of this interim ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 6. Authority. This ordinance is adopted pursuant to the authority granted to the City and Minnesota Statute §462.355, Subd. 4, entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinances." Section 7. Separability. Every section, provision or part of this ordinance or any permit issued pursuant to this ordinance is declared separable from any other section, provision, or part thereof to the extent that if any section, provision or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction, and shall not invalidate any other section, provision, or part thereof. Section 8. Effective Date. This ordinance becomes effective upon its passage and shall be in effect for a period of 180 days from the date thereof. Introduced and read in full this 24th day of August 1998. Passed by the City of Lino •La ity C u cil this 24th day of August , 1998. K 1 S iv6V1, Uayor ATTEST: Mariilyn G. Anderson, City 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 thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: Council Member Neal. Whereupon said ordinance was duly passed and adopted. -3- Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 126 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONSTRUCTION CONTRACT FOR THE OTTER LAKE ROAD REALIGNMENT IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the roadway, storm sewer, and ponding improvements along realigned Otter Lake Road between Main Street and 500 feet south of Cedar Street; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Arnt Construction Co., Inc. $ 1,537,036.01 P.O. Box 549 Hugo, Minnesota 55038 Richard Knutson, Inc. $ 1,650,989.93 12585 Rhode Island Avenue So. Savage, Minnesota 55378 AND WHEREAS, It appears that Arnt Construction Co., Inc., is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the contract with Arnt Construction Co., Inc., mailing address of Hugo, Minnesota, in the name of the City of Lino Lakes for the Otter Lake Road Realignment Improvements, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Council of the City of n akes thi 241h y of August, 1998. be ly 41 S I ' an, Mayor Mari yn G. Anderson, Clerk-Treasurer RESOLUTION No. 98 - 126 _ Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on August 24, 1998. Ma 'lyn G. Anderson, Clerk-Treasurer Council member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-142 RESOLUTION ADOPTING THE PROPOSED 1999 GENERAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute,the Lino Lakes City Council is required to adopt a resolution setting out proposed General Fund revenues and expendituresfor the upcoming fiscal year. NOW THEREFORE BE IT RESOLVED: That the following Preliminary General Fund operating budget be adopted for 1999: 1999 PRELIMINARY GENERAL FUND BUDGET REVENUES: Property Taxes $3,198,845 Intergovernmental Revenue 828,434 Business Licenses and Permits 26,050 Non-Business Licenses and Permits 474,610 Charges for Services 23,000 Refunds and Reimbursements 20,000 Franchise Fees 59,000 Public Safety 54,000 Municipal Fines 100,000 Interest on Investments 65,000 Engineering/Planning Fees 90,000 Administrative Fees 133,000 Miscellaneous 41,000 TOTAL PROPOSED GENERAL FUND REVENUES $5,112,939 EXPENDITURES: ADMINISTRATION Mayor and Council 75,990 Elections 13,140 Administration 416,049 Cable TV 2,530 Seniors 10,270 Finance 240,960 Legal Consultants 115,000 Charter Commission 6,700 Total Administration 880,639 COMMUNITY DEVELOPMENT Community Development 315,400 Engineering 139,780 Planning and Zoning Board 10,150 Environmental 73,820 Solid Waste Abatement 30,420 Total Community Development 569,570 Page 2 Resolution 98-142 Continued PUBLIC SAFETY Police 1,520,090 Fire 286,000 Building Inspections 186,340 Total Public Safety 1,992,430 PUBLIC SERVICES Government Buildings 256,080 Streets 520,130 Fleet Management 201,300 Parks 440,970 Recreation 179,950 Park Board 6,920 Forestry 64,950 Total Public Services 1,670,300 TOTAL PROPOSED GENERAL FUND EXPENDITURES $5,112,939 Adopted by the Lino Lakes City Council this 24th day of Au u 19 �.. Kinulliv a 'An i 9'f1 Maril n G.An erson,Clerk-Treasurer The motion for the 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. Where upon said resolution was declared duly passed and adopted: Council member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-143 RESOLUTION CERTIFYINGTHE PROPOSED 1998 TAX LEVY,COLLECTABLE IN 1999. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1999,and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations,and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds,and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the City Complex Bonds,and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the G.O Improvement Bonds of 1998B,and WHEREAS, the City of Lino Lakes is restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED,that the City of Lino Lakes,Anoka County, Minnesota,hereby does levy on a proposed basis the following upon taxable property in said City of Lino Lakes,to-wit: 1. Total amount levied in the year 1998 to be spread for taxes due and payable in the year 1999(without HACA)is$3,950,227. 2. The total amount above levied(without HACA)is for the following purposes: GENERAL OPERATING $3,172,531 General Bonded Debt Public Project Revenue Bonds 110,608 Civic Complex Bond 1998A 253,601 G.O. Improvement Bond 1998B 131,922 Equipment Certificates of 1996 79,692 Equipment Certificates of 1997 79,692 Equipment Certificates of 1998 122,181 Total General Obligation Bonded Debt $ 777,676 TOTAL LEVIES $3,950,227 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and ."� special levies for Equipment Certificates, Public Project Revenue Bonds, Civic Complex Bond and G.O. Improvement Bonds of 1998B as reviewed by the City Council represents the basis for this levy. Individual RESOLUTION NO. 98 - 143 Page -2- department budgets are subject to preliminary approval by the City Council and shall be authorized by separate action. �-- Adopted by the Lino Lakes City Council this 24th day of August, 1 Page 2 K m Ili an, a r _ lv Ma ilyn 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. Where upon said resolution was declared duly passed and adopted: Planning&Zoning Board August 12, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE ; August 12, 1998 TIME STARTED : 6:31 P.M. TIME ENDED 8:16 P.M. MEMBERS PRESENT Corson,Dunn,Johnson,Schaps,Schilling, and Trehus MEMBERS ABSENT : Robinson STAFF FESEN ; Pl�lan><ng Coordl�nator Wyamd Economic Kit �.e x. . Development Di rector Wesse Tanning Consultant Brixius, and Consulting Engineer, Powell I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning &Zoning Board meeting to order at 6:31 p.m., August 12, 1998. II. APPROVAL OF MINUTES -July 8, 1998 Mr. Schilling made a MOTION to approve the minutes of the July 8, 1998, meeting of the Lino Lakes Planning &Zoning Board, and was supported by Mr. Dunn. Motion carried 5-0 with Mr. Johnson abstaining. III. APPROVAL OF AGENDA Chair Schaps added a discussion regarding Behms Airplane Hanger Size was added under Discussion Items. He stated that Action Item B and Action Item C will come before Action Item A. The amended agenda was approved as presented. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:33 p.m. Mr. Wessel outlined the remainder of the schedule for the Comprehensive Plan Task Force meetings. He noted the dates of the final meetings and what each meeting will entail. He stated that the Comprehensive Plan will come before the Planning and Zoning Planning&Zoning Board August 12, 1998 Page 2 Board on October 14, 1998. A public hearing and action will be required. The Comprehensive Plan will be presented to the City Council on October 26, 1998. Mr. Wessel explained that the City Council took action Monday, August 10, 1998, regarding the authorization of the restructure of City staff. Mr. Wessel read the press release regarding this issue. He went over the new organizational chart for the City. The City Engineer's position and the Finance Director's position will be absorbed within the new structure of the City. Mr. John Powell, TKDA, will be the Consulting City Engineer indefinitely. More details regarding the restructure will be available in the next few weeks. Mr. Johnson made a MOTION to close the Open Mike portion of the meeting at 6:39 p.m., and was supported by Mr. Trehus. Motion carried 6-0. V. ACTION ITEMS B. James Dougherty, 147 Smoketree Lane, Variance Ms. Wyland stated that Mr. James Dougherty, 147 Smoketree Lane, has made a request for a variance to allow the construction of a third stall on his garage with living space above. The proposed addition will be 14' in width, 24' in depth, and located 24' from the side property line at the front of the addition and 28' from the side property line at the rear of the addition. Mr. Dougherty is requesting a variance of 2' on the rear and 6' on the front. It does not appear that a site distance/visibility problem would occur with the proposed construction. Both Smoketree Lane and Grey Squirrel Road are City streets. Ms. Wyland explained that circumstances are such involving this case that the applicant was able to obtain a building permit and ready the site for the proposed construction. When Mr. Dougherty called for a footing inspection it was*determined that he was too close to the side property line. Thus the variance request. Chair Schaps asked if there has been any neighborhood input. Ms. Wyland stated there has been no neighborhood input or utility problems. Mr. Dunn stated the site lines are enhanced by the stop sign. He asked if a situation could arise where the stop sign will be eliminated. Mr. Powell indicated he could not foresee a situation where the stop sign would be removed. Mr. Johnson asked why the building inspector approved a building permit. Ms. Wyland explained that it was assumed the setbacks had been met. It was not discovered until another building inspector visited the site. Mr. Johnson stated the homeowner should not be penalized because of the building inspector's negligence. Planning&Zoning Board August 12, 1998 Page 3 n Chair Schaps asked what stage the project is in. Mr. Dougherty indicated the tresses have been ordered,the foundation dug, and other supplies are on order. He stated he has spent $5,000 - $6,000 on the project. Mr. Trehus made a MOTION to approve Variance as requested for a 14' x 24' addition, and was supported by Mr. Johnson. Motion carried 6-0. C. Russell Trettel, 7148 Rice Lake Lane, Site Plan Review Ms. Wyland stated this case involves a request to move a 14 x 22 (308 square foot) garage onto a parcel of property at 7148 Rice Lane. The applicant currently has a 22 x 22 (484 square foot)attached garage. The site is 150' wide by 300' deep for a total of 45,000 square foot. The Zoning Ordinance allows a total of 1,120 square feet of accessory building on parcels this size. The existing garage, and building to be moved would total 792 square foot, well within the requirements of the Ordinance. The Ordinance also requires any structure moved onto a parcel of property to do so via a Site Plan Review. Ms. Wyland noted the City's Building Official has inspected the structure to be moved and found it to be structurally adequate. The applicant does plan to reroof the structure and paint the exterior to match his existing home. The 14 x 22 foot building is proposed to be located in the rear yard 5' from the side property line and 12' from the rear. Staff recommended approval of the site plan review with conditions. Chair Schaps asked if staff has photos of the garage and what the penalty is for not complying with the 60 day repair limit. Ms. Wyland stated she does not have photos but the building inspector did visit the site. If the applicant does not apply with the 60 day repair limit, he is in violation of the Zoning Ordinance. This is a misdemeanor and the applicant could be fined. Mr. Dunn asked for clarification regarding the lot line of the property. Mr. Trettel went over a drawing and indicated the garage will be placed 12' from his property line. His attached garage sits fairly close to his lot line. Mr. Dunn expressed concern regarding the potential for an easement or driveway. He asked what Mr. Trettel will use the shed for. Mr. Trettel indicated the shed will be used for storage of miscellaneous items. It will not store a vehicle. Mr. Corson asked if the adjacent neighbor is aware of the request. Mr. Trettel stated he has spoken to the neighbor behind him. Planning&Zoning Board August 12, 1998 Page 4 Mr. Trehus asked if the building is a shed or garage. Mr. Trettel stated the current owner is using it as a garage. He stated he will use it as a shed. Mr. Schilling made a MOTION to approve the site plan to move a 14 x 22 storage building onto 7148 Rice Lake Lane with the stated conditions, and was supported by Mr. Dunn. 1. Property building permits are obtained and the structure meets all applicable requirements of the State Building Code. 2. The structure is reroofed, within 60 days of its location on the property, to match the existing home. 3. The structure is repainted, within 60 days of its location on the property, to match the existing home. 4. The structure is located on the site so as to meet all applicable Zoning setback requirements. Motion carried 6-0. A. PUBLIC HEARING, Clearwater Creek Phase III, Rezone and Preliminary Plat Chair Schaps opened the public hearing at 6:58 p.m. Mr. Brixius stated that Gor-em LLC has submitted development application for a preliminary plat entitled Clearwater Creek 3rd Addition. This site is located between County Road 81 (Otter Lake Road) and Elmcrest Road, immediately south of Clearwater Creek 2nd addition. To facilitate this development request, Gor-em LLC is requesting that 53.6 acres of land be rezoned from R, Rural to R-1, Single Family Zoning District and preliminary plat approval for 31.87 acres of the site. Mr. Brixius indicated the Planning and Zoning Board must consider two development applications. The applicant is requesting a change in zoning from R, Rural to R-1, Single Family Residential. Subject to the City's decision on the zoning change, the City must also take action on the requested preliminary plat. Chair Schaps asked how many more acres are going to be developed to the south. Mr. Brixius indicated that figure has not been calculated yet. The current Comprehensive Plan in that area is still being worked on. Planning&Zoning Board August 12, 1998 Page 5 Mr. Corson asked about hydrology. He stated it is very important for the City to identify ground water areas. Mr. Mike Quigly, Gor-em LLC, came forward and stated that a permit has been applied for with Anoka County. Street configurations will be changed to eliminate the street jogs. All lots will meet the lot size requirements. An application has been made with the Rice Creek Watershed District. He indicated he has met with the Park Board. Mr. DeGardner has referred the placement of the park over to a Park Consultant. The Park Board has indicated the City needs 3 acres of park land immediately. A meeting will be held on September 10, 1998, with Ecological Services regarding greenway corridors. Chair Schaps stated the applicant is more than willing to accommodate staff recommendations. He asked if the Board will have another plat to review when changes are made. Mr. Quigly stated another plat is possible. However,they are waiting for a lot of input from different sources. He asked that the rezone and current plat be approved this evening. Chair Schaps stated there are several things that need to be taken care of before the Board can consider the preliminary plat. The park has to be located. The Board needs a final plat to consider. Mr. Quigly stated the street jogs will be resolved. A proposal has been made regarding the placement of the park. That issue has been turned over to a park consultant. Chair Schaps indicated the park placement is a very important issue. There are not enough ball fields within the City of Lino Lakes. Mr. Dunn stated he was very uneasy with the discussion held at the Park Board meeting. He felt the park was an open issue and that no agreement had been made. The Park Board initially was looking for 16 acres of park land. He indicated that he believes there are too many unresolved issues to move forward at this point. He stated there is no urgency as 50% of the lots are still vacant. He noted he does not want a repeat of what happened in phases 1 and 2 regarding park land. Mr. Quigly stated there was dedicated park land in phase 1 and 2. More than the required 10%of land was dedicated. The land that was dedicated is not an active park. Ms. Wyland verified that park land was dedicated in phase 1 and 2 of the development. The land was set up to be a nature park at the recommendation of the Park Board. There was discussion of a large park to the north. That option did not pan out. Mr. Dunn stated that many things have changed. There is a need for a park in that area. He stated the Board should move very cautiously. Planning&Zoning Board August 12, 1998 Page 6 Chair Schaps asked how much land to the south the developer owns. Mr. Quigly indicated the developer owns 80 acres. The park to the north did not pan out because of a zoning change. Mr. Trehus stated there are many street jogs in the plan. The greenway corridor needs to be reviewed. There are a lot of issues that need to be resolved. Mr. Quigly stated 2 of the street jogs will be eliminated. The emphasis of the Park Board was the trail. Chair Schaps expressed his concern regarding the park location and size. He stated the number of children in the area needs to be reviewed. Ball fields are needed in this area. The Park Board needs to address these issues before a decision is made. Mr. Quigly stated that is not what the Park Board is looking for. Mr. Corson asked if there is a plan for paving the trails in phase 1 and 2. Ms. Wyland indicated the trails are due to be paved in the next few weeks. Mr. Schilling asked about the time line for the 3rd addition. He asked if the Board is comfortable with accommodation of the future extensions regarding this development. Mr. Quigly indicated phase 1 will begin this fall. Phase 2 of the 3rd addition will begin next spring. Mr. Powell indicated the future extension will serve the entire concept plan. �.. Mr. George Latondra, an attorney for a property owner, came forward and asked if the Planning Board or the Park Board makes the decisions regarding park placement. He also asked if a park proposal is made without involving ball fields will the plat be denied. Chair Schaps indicated that both the Planning and Zoning Board and Park Board will offer input regarding park placement. The final decision is made by the City Council. Chair Schaps stated now is the time for residents in that community to come forward and inform the Park Board of their needs. Mr. Latondra stated he is concerned about the interplay between the two boards. Chair Schaps stated the Planning and Zoning Board will not say the Park Board is wrong. He stated the Park Board needs time to review the park placement. Mr. Cain came forward and encouraged the Board to approve the rezoning so he can get on with his life. He stated he lives in the middle of the development. He owns 20 acres with horses and cattle. Houses are beginning to line his property line. Without the rezone he cannot sell his property. He stated the City has put him in a bad position. It only seems appropriate to continue the process of Clearwater Creek development. Planning&Zoning Board August 12, 1998 Page 7 Chair Schaps asked if he has a purchase agreement with the developer. Mr. Cain indicated he has an informal verbal agreement. Mr. Corson moved to close the public hearing at 7:42 p.m., and was supported by Mr. Dunn. Motion carried 6-0. Mr. Johnson asked if the Board should hold off on the rezone because of the issues regarding the preliminary plat. Chair Schaps stated the rezone would be a concern if other factors did not exist. The preliminary plat will eventually be approved. The developer is willing to cooperate with staff and conditions. Mr. Brixius noted the rezone issue is a policy decision that must be made by the Board. Mr. Dunn stated he believes you can rezone without preliminary plat approval. Mr. Dunn made a MOTION to approve 53.6 acres of land be rezoned from R, Rural to R- 1, Single Family Zoning District, and was supported by Mr.Corson. Mr. Trehus asked if any of the original phases were zoned R-IX. He indicated he does not see the advantage of rezoning at this time. Ms. Wyland indicated the original phases of Clearwater Creek were strictly R-1 zoning. Motion carried 4-2 with Mr. Trehus and Mr. Johnson voting no. Mr. Dunn made a MOTION to defer approval of the preliminary plat and formally extend the 60 day review period for development applications to 120 days, and was supported by Mr.'Johnson. Motion carried 6-0. Chair Schaps suggested Mr. Quigly work with the Park Board and residents of the area. D. PUBLIC HEARING, Zoning Ordinance Text Amendment (driveway widths) Chair Schaps opened the public hearing at 7:50 p.m. Ms. Wyland stated that over the past several months/years the City has regularly received requests from property owners to increase the width of their driveways from 26' as provided in the Zoning Ordinance,to something wider. The Planning, Building, and engineering Departments have reviewed this section of the Zoning Ordinance and believe a change to a wider width will not affect the integrity of the Ordinance and would therefore recommend the amendment. This amendment would allow a driveway width up to 36'. The 36' width was selected based on the average width of a three car garage. Planning&Zoning Board August 12, 1998 Page 8 Chair Schaps verified that the amendment refers to a driveway width at the curbs. Mr. Johnson asked why the width was originally set at 26' and if the Public Work Department recommended that width. Ms. Wyland stated she could not recall why the width was set at 26'. She explained that the building inspectors are in favor of this amendment. A problem has occurred with residents widening their driveways without City approval. Mr. Powell noted that with wider driveways more snow needs to be plowed. There is less storage area for plowed snow. Mr. Trehus indicated driveways that are 36' wide would appear odd. Mr. Corson asked if the amendment would apply to commercial also. Ms. Wyland indicated the amendment would apply to all Residential Zones. Chair Schaps asked about restrictions regarding an impervious surface. Mr. Brixius stated the requirements are set at 65% lot coverage. Chair Schaps asked if the City enforces that requirement. Ms. Wyland stated the City does not run into many problems regarding that requirement. Mr. Dunn stated he believes the amendment is a step in the wrong direction. He asked who is asking for the amendment. Ms. Wyland indicated residents who have a three or four car garage are asking for the change. Mr. Dunn stated he would like to see hard evidence, facts regarding lot size, and a summary of how many residents are requesting the change. Ms. Wyland stated the lot size of the residents requesting the change are typical City lots. Mr. Corson noted that wider driveways would not look good throughout the City. Chair Schaps pointed out the restrictions regarding driveway width refer to the curb, not up to the garage. Ms. Wyland stated the building inspectors are much more aware of the frequency of requests for a wider driveway. The building inspectors have asked for the amendment. Mr. Corson explained that a cul-de-sac with four homes and each with a driveway 36' wide would be an excessive amount of concrete. Mr. Dunn stated he would rather see a variance regarding this issue. Mr. Johnson asked why the amendment calls for 36'. Ms. Wyland explained that 36' is the length of a three car garage. The City has had a problem with residents pouring the concrete before they obtain City permission. Planning&Zoning Board August 12, 1998 Page 9 Mr. Johnson moved to continue the public hearing at the September, 1998, Planning and Zoning Board meeting, and was supported by Mr. Dunn. Motion carried 6-0. VI. DISCUSSION ITEMS A. Discussion on Behms Airplane Hangar Size Ms. Wyland explained that a resident has requested a change in the maximum hanger size for Outlot B in the Behms air park. If the maximum hanger size is changed, a variance will not be needed. Mr. Dave Hunter,Behms Lot#13, came forward and explained that he runs a business out of his home. Because his business is expanding, he needs to purchase another plane. A hanger size at 2,600 square feet is not large enough to accommodate two planes. He indicated he would like to build a hanger that is 2,900 square feet. He went over a design of a larger hanger which will be less than 1/3 the width of his lot. He indicated he spoke with Ms. Wyland and a neighbor regarding a larger hanger size. The current hanger size may be a problem in the future as there are currently only two residents in the area. Chair Schaps asked how many square feet the average hanger is in the Lino Air Park. Mr. Hunter stated there are 12-15 hangers with an average square footage of 3,200. Mr. Dunn asked if there are property owners there that do not own an airplane and if there are any problems with the hangers. Mr. Hunter stated there are a few property owners in the Lino Air Park that do not own planes. There are 3 hangers in the Behms side. All hangers must be on the north side of the lot. Chair Schaps stated he was not concerned about increasing the hanger size.' He stated he does want assurance that this is well know to all residents in view of the Air Strip. He asked if staff is confident the lots will accommodate a larger hanger. Ms. Wyland stated that if the change is made the original PDO will have to be amended. The public will be notified and a public hearing will be held. Mr. Johnson asked why the maximum size was set at 2,600 square feet. Ms. Wyland stated she checked the file and there was no specific reference regarding the 2,600 square feet. Mr. Schilling asked if it is possible to get 3 planes in a larger hanger. Mr. Hunter indicated that would depend on the size of the hanger and size of the airplanes. He stated the hanger he designed is narrow to avoid building obtrusiveness. Mr. Dunn asked the about the minimum square footage of the lots. Ms. Wyland indicated 31,000 square feet is the minimum in Behms. Planning&Zoning Board August 12, 1998 Page 10 Mr. Dunn noted a 2,900 square foot hanger is less than 10% of the lot size. Mr. Brixius pointed out that when Behms began the Lino Air Park was very supportive. He stated it would be appropriate for the 3 property owners and Mr. Uhde to have a discussion regarding this issue. Chair Schaps stated the issue can be presented to the Board when staff is ready. VII. ADJOURNMENT Mr. Johnson made a MOTION to adjourn the meeting at 8:16 p.m., and was supported by Mr. Corson. Motion carried 6-0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc. Planning&Zoning Board September 9, 1998 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES A : Septei REM-2 lb�er I9$ '9.3�Pam: �MBRS PSN'I Corson,?Dupn,Johnson,Schaps, Schilling, n RobiOlon lncl�'�st-01 MEMBERS ABSENT None All wl PIa - , d`' # Wy d,Ecc�nom c . WE R Plannuxg�Canutau xix�us;and Consulting Engineer;Powell" I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning &Zoning Board meeting to order at 6:39 p.m., September 9, 1998. II. APPROVAL OF MINUTES -August 12, 1998 Mr. Johnson stated that page 3,paragraph 1, should read"trusses". He also stated that page 5, paragraph 1, should read"ground water recharge areas". Mr. Dunn made a MOTION to approve the amended minutes of the August 12, 1998, meeting of the Lino Lakes Planning &Zoning Board, and was supported by Mr. Johnson. Motion carried 6-0 with Mr. Robinson abstaining. III. APPROVAL OF AGENDA Chair Schaps verified that the Park Board would be joining the meeting at 7:15 for the presentation from Mr. Jeff Schoenbauer. The agenda was approved as presented. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:40 p.m. n No one appeared for open mike. Planning&Zoning Board September 9, 1998 Page 2 Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:41 p.m., and was supported by Mr. Dunn. Motion carried 7-0. V. ACTION ITEMS A. David& Lynn Mason, 6225 West Bald Eagle Blvd., Variance Ms. Wyland stated Mr. and Mrs. Mason have purchased the property at 6225 West Bald Eagle Blvd. and plan some extensive remodeling,of the property. The matter is being presented to the Planning&Zoning Board because of Section 3, Subdivision 2,Non- Conforming Uses and Structures, Section B. 9 of the Zoning Ordinance. The non-conformity exists in the fact that the dwelling is too close to both Rolling Hills Drive and West Bald Eagle Blvd. The setback is approximately 14' from West Bald Eagle Blvd. and 10' from the paved portion of Rolling Hills Drive. The Mason's are requesting a variance to allow an expansion of the dwelling size even though they will not be increasing the setback non-conformity since they are building up, not out. The proposed expansion involves not only interior remodeling but a 1,118 square foot second story consisting of three bedrooms and two baths. Ms. Wyland indicated staff recommended approval of a variance to Section 3, Subdivision 2, B.9 of the City's Zoning Ordinance. Mr. Trehus asked if it is appropriate to make a recommendation to modify the language of the Zoning Ordinance as it may be too restrictive. Chair Schaps stated that could be discussed at a different time. He asked how long the road has been there. Mr. Mason indicated he did not know if the road or the house was there first. Mr. Robinson stated he believes the house was there before the road. Mr. Robinson made a MOTION to approve variance to Section 3, Subdivision 2, B.9 of the City's Zoning Ordinance, and was supported by Mr. Trehus. Motion carried 7-0. Mr. Brixius stated that the wording of the Zoning Ordinance should be looked at. The City does not want to discourage residents from investing in their own property. Chair Schaps directed staff to submit a text amendment at the October, 1998, meeting. A public hearing will then be held in November, 1998. Planning&Zoning Board September 9, 1998 Page 3 n B. Century Farm Development, 7744 Sunset Ave., Minor Subdivision Ms. Wyland stated that Mr. Gary Uhde would like to purchase the rear 375' of Lot 5, Block 1, Sunset Oaks(7744 Sunset Road) for future inclusion into the Behm's Century Farms 5th or 6th Addition. The parcel would consist of 1.41 acres and leave .69 acres with the existing homestead. In January of 1997 the City approved a similar minor subdivision and rezone for five parcels along Lilac Street. The property is currently Zoned Rural and a rezone is not scheduled at this time, however,rezoning could be considered at the October meeting of the P & Z if the Board determines it would be more appropriate to review these items simultaneously. In the alternative, a rezone could be considered at the time a preliminary plat that would incorporate this site in future phases of Behm's Century Farms is considered. Ms. Wyland summarized that factors that discourage approval and supported approval. She stated it is a Planning and Zoning Board determination to approve or deny the request for minor subdivision. Mr. Corson asked about the State Code regarding one acre lots and the septic system. Ms. Wyland stated the City Ordinance refers to existing homesteads. Mr. Corson asked if the .69 acres would be required to have City sewer. Ms. Wyland stated staff is suggesting the .69 acres have City sewer when it becomes available Mr. Dunn asked how the septic requirement will be mandated. Ms. Wyland explained that in other situations the City required the property owners to waive their Charter rights. The residents on Rice Lake Lane signed a petition waiving their rights because they were reducing their lot size. There is a precedent that has been set regarding this issue. The sewer will then be installed with the 5th or 6th Addition. Mr. Dunn asked if a legal document will be on file regarding this issue. Ms. Wyland indicated there could be provisions in the development agreement. Mr. Dunn stated he is concerned that if there is not a legal document it will not be done. Mr. Trehus asked how the parcel can be subdivided if it is not in the MUSA. Ms. Wyland stated that when the Comprehensive Plan is approved this area will be in a growth area. It is possible the area will be added to the MUSA. Because the land is not being developed now, it does not need to be in the MUSA right now. The request is unique to this area. Mr. Gary Uhde, a representative from Century Farm Development, came forward and gave a history of the process of Behm's Century Farms which began in 1992. The City Council has requested they continue to incorporate the neighbors in the development ,i-1 process. That was demonstrated on Lilac Street. They are currently going through the same process. An answer is needed in a timely manner for the property owners. Planning&Zoning Board September 9, 1998 Page 4 Mr. Uhde explained that a document is required at closing that states the landowner must hook up to City sewer and water when it is available if their septic system fails. This document could be filed with the County also. He stated that it is possible the area will never be added to the MUSA. It is a big risk. The worst case scenario would involve going before the Metropolitan Council and requesting that parcel be added to the MUSA. Mr. Uhde commented on the discouraging factors regarding approval. He stated that the MUSA issue is a risk for the developer. Regarding the nonconforming lot he believes there is additional room on the site for an alternative septic system. Regarding future development, if there is no more property acquired in the area they will be able to develop at least two large lots. Chair Schaps asked about access to the lots. Mr. Uhde referred to the map and indicated there is access to the lots from the east. Chair Schaps asked if he has spoken with all property owners in the area. Mr. Uhde explained he is working will the property owners. One home would have to be moved. Another property owner would have to be bought out completely. He has met with the property owners twice and they are in the process of making a decision. Mr. Johnson stated that if all property is acquired there will be a short street into the property. Mr. Uhde stated it would be a loop street. Mr. Dunn expressed concern regarding incorporating new residences around existing property. The existing property does not seem to integrate with the neighborhood. He asked if there are better ways to integrate more effectively. Mr. Uhde stated it is always the goal of the developer to blend well. Individual land owners have individual rights. The developer makes an offer and works with the existing property owners as best they can. Mr. Dunn asked if there is anything in the City Ordinances that refer to a marriage of old and new. Ms. Wyland indicated she is not aware of any such ordinances. Mr. Dunn stated that issue should be discussed. He stated he is in support of a land bank. Mr. Uhde is taking all the risk. Chair Schaps asked what stage of the phasing they are currently in. Mr. Uhde stated they are into the 3rd and 4th Phase. There are 36 lots and half of them are currently sold. Their projection was 25 lots per year. They are currently at 30 units per year. Phase 5 will start in late fall. There will be 26 lots in Phase 5. The 6th Addition will begin in the year 2000. Planning&Zoning Board September 9, 1998 Page 5 Mr. Corson asked if there is a State Code which prohibits the creation of a lot less than one acre if a septic system is on that lot. Mr. Jackson stated that newly created sites must have a location for a back up system on them. Mr. Corson expressed concern regarding the extension of service to the north. He indicated the subdivision may be slightly premature. He suggested reviewing a ghost plat. Chair Schaps noted there is not much down side for the City if the subdivision is approved. Mr. Trehus stated there is the risk of the Comprehensive Plan in choosing not to approve the subdivision of this area. He asked about the possibility of Mr. Uhde saying that the City is liable for his expenses. Mr. Uhde stated he already has preliminary plat approval. All additional plats will need approval. The City is not liable if the subdivision does not go through. Mr. Robinson stated Mr. Uhde will be buying the property from Ms. Trask if the subdivision is approved with conditions. n Mr. Dunn suggested a fourth condition be added that staff ensures the agreement provide a provision for the septic system upgrade prior to City sewer availability and the developer agreement provide language with the homeowner that sewer hook up will occur with the City if a failure occurs. He added he would feel better about approval with this condition. Mr. Trehus stated he is not comfortable with approval of such a small subdivision without taking into consideration the larger picture. Mr. Corson made a MOTION to approve the minor subdivision with the following conditions: 1. A rezone from Rural to R-1 be approved prior to development of the remnant parcel. 2. No building permits be issued prior to rezone and redevelopment of the remnant parcel. 3. The westerly parcel, containing the homestead, be required to connect to municipal sewer service at such time as service lines are extended to serve the area. Planning&Zoning Board September 9, 1998 Page 6 4. Staff ensures the development agreement provide a provision for the septic system upgrade prior to City sewer availability and the homeowner agree to hook up if septic failure occurs. The motion was supported by Mr. Dunn. Motion carried 6-1 with Mr. Trehus voting no. VI. DISCUSSION ITEMS B. Environmental Inventory/Plan -Discussion with Mr. Jeff Schoenbauer Mr. Jeff Schoenbauer gave a presentation to the Planning &Zoning Board and Park Board regarding the Environmental Inventory/Plan being conducted within the City of Lino Lakes. Several Park Board members were present, including Paul Montain, George Lindy and Pam Taschuk. He stated the goal is to determine ways development can occur while maintaining the natural integrity of the environment. Mr. Schoenbauer went over maps which identified ecological systems. He stated he will be making recommendations to preserve the natural aspect of the community. One of the goals is to preserve the natural gradient going beyond wetlands. Mr. Schoenbauer stated a key objective is to obtain a solid ecological basis for development and to preserve the communities natural resources. There are many possibilities that exist and flexibility is needed as to how the City will work with u developers. He stated the next step is to meet with the Environmental Board to review the reports of their findings. Several different teams will be involved to apply the findings directly to the City of Lino Lakes. Mr. Corson asked if density transfers will be used as one of the tools to protect sensitive areas within the City. Mr. Schoenbauer stated they are considering using density transfers. Another tool used may be wetland banking. They want to make sure the recommendations made are ecologically positive. Mr. Corson stated the DNR has conducted a biological diversity study in this area. Mr. Schoenbauer stated that some information provided from that study will be integrated into this study. Mr. Dunn stated this is an excellent tool for the Planning&Zoning Board to have available to them for decision making regarding development. He asked if this study will look at the Watershed District and what it would do to the lakes. Mr. Schoenbauer indicated the study will look into the Watershed District. He stated conservation includes looking at ways to integrate development and preserve the natural environment. He stated this study will look into a much broader scope. Mr. Dunn asked what the current basis for status is. He asked how to determine when enough is enough. Mr. Schoenbauer stated his associate can better answer that question. ... Planning&Zoning Board September 9, 1998 Page 7 The goal is to provide a recommendation to develop in a manner that there are no increase of ecological problems. The City must actively manage its resources. Mr. Corson asked if recommendations will be made regarding problems in the City's lakes. Mr. Schoenbauer stated the City is beyond the point of reversing damage that has already occurred in the lakes. The goal is to eliminate any more damage. Mr. Dunn stated that the residents of Reshanau Lake have formed a committee to address the water concerns. He asked when it is feasible to integrate their committee and this study for a blended approach. Mr. Schoenbauer explained that their expectation is to meet with developers and the Environmental Board. After those discussions the scope of who is involved will broaden. Mr. Schilling asked if specifics will be identified that need immediate attention. Mr. Schoenbauer indicated those specifics will be identified. Mr. Johnson asked what the lines on the map meant. Mr. Schoenbauer stated the different lines indicated buffers at various sizes. Larger buffers will mean different things for development in the City than the smaller buffers. Mr. Johnson asked if the lines showed the transition between the most carefully preserved n land and developable land. Mr. Shoenbauer indicated that was correct. Mr. Trehus asked if any discussions have taken place with the Park Board regarding trails. Mr. Schoenbauer indicated those discussions have not yet taken place. Mr. Trehus asked if the inventory of private land had been completed. Mr. Schoenbauer stated most of the inventory has been completed. He will be looking at a handful of properties tomorrow. Mr. Dunn asked if the study will define wetlands that exist. Mr. Schoenbauer stated it will but not in the sense of actual wetland delineation. The biggest value is broadening the perspective of all natural resources in regard to development. Mr. Robinson asked who authorized the study and what the budget is. Chair Schaps stated the City Council authorized the study three to four months ago. He stated the budget is$30,000 for 1998 and $30,000 for 1999. Mr. Dunn stated the study should have come before the completion of the Comprehensive Plan. Mr. Schoenbauer stated some recommendations will be made before the Comprehensive Plan is complete. Chair Schaps recessed the meeting for five minutes at 8:02 p.m. Planning&Zoning Board September 9, 1998 Page 8 Chair Schaps called the meeting back to order at 8:07 p.m. V. ACTION ITEMS C. Clearwater Creek 3rd Addition, Preliminary Plat(revised) Mr. Brixius stated that Gor-em LLC's development application for a preliminary plat entitled Clearwater Creek 3rd Addition was reviewed by the Planning Commission at its August, 1998,meeting. At that time the Planning Commission chose to approve the request to rezone the subject site from R, Rural to R-1, Low Density Residential. The Planning Commission also chose to extend the review period for the preliminary plat to 120 days in order to review a revised plat at the next Planning Commission meeting. Mr. Brixius reviewed the revised preliminary plat. Mr. Johnson indicated there is a possible problem with lot areas B and C because street B dips out of the 3rd Addition. He stated it makes sense to remove two lots from the 3rd Addition. Mr. Brixius stated it does not matter because it cannot be built on. The starting point is street B and as it continues east it dictates the location of the lot. The City will make sure it is up to code. A legal plat will be required. Chair Schaps stated there is a lot that needs to be done for completion of the preliminary plat. Mr. Trehus questioned what type of tree preservation plan would be used. Mr. Brixius explained that the typical arrangement is to visit the site and identify trees that are significant and 6"caliber. It is not realistic to save every significant tree. Chair Schaps noted that 12 of the 60 lots are not compliant. Mr. Trehus asked if it is possible to have walk out basements and still have trees. Mr. Brixius stated the trees to be saved must be identified and then the grading plan will be integrated around that. Mr. Trehus asked if a standard has been defined for preserving trees. Mr. Brixius stated he does not believe a standard has yet been defined. Mr. Powell stated that Mr. Asleson would visit the site. Tree preservation is a field activity. Mr. Robinson asked what changes have been made from the last plat that was presented. Chair Schaps stated that some recommendations have been ignored. Ms. Wyland stated that some of the recommendations have not yet been completed. Planning&Zoning Board September 9, 1998 Page 9 Chair Schaps stated the park is in the same place. Mr. Brixius noted the park had not been placed on the previous plat. Chair Schaps stated the revised plat is not consistent with the desires of the Park Board or the Planning&Zoning Board's recommendations. Mr. Brixius verified that the revised plat is not consistent with the Planning& Zoning Board's recommendations. Chair Schaps stated a number of things have not been done to the revised plat. He noted they may have not been done due to a lack of time. Mr. Johnson stated that the tree preservation is crucial to the layout. He indicated he would like to see a tree preservation plan and talk to the City Forester and Environmental Board. Mr. Dunn stated that he feels uncomfortable with moving forward at this time. They have given the applicant more time to meet the requirements for land acquisition. They have given specific guidance to the applicant that has been ignored. He stated he feels it is mandatory for the applicant to meet with the Park Board before coming back to the Planning&Zoning Board. He stated he is not opposed to the project he just does not believe it is ready. Mr. Corson stated the trees are a big issue. He expressed concern regarding a macro scale and staff viewing it on a micro scale. He suggested identifying each lot and each tree to be saved on each lot. Mr. Brixius stated staff has not given the project that consideration. Staff has looked at design. He stated he is hesitant to recommend approval of the application. Mr. Corson suggested looking into a tree preservation plan and perhaps having a presentation made to the Board regarding this issue. Mr. Brixius stated that a recommendation for approval could include comments from the City Forester and Environmental Board. Mr. Jackson stated the City does do a micro scale view of subdivisions by addresses. Mr. Asleson does visit the sites and determine which spots require tree preservation. The process is very effective. Mr. Mike Quigly, Gor-em LLC, came forward and stated he felt it is not fair to say they have ignored the Board's recommendations. He stated they have gone overboard in responding in a timely manner. Some areas regarding the recommendations are not in his control. When the property is platted it will meet all the City Ordinances. Chair Schaps asked if Mr. Quigly has met with the Park Board and received a ^ recommendation from them. Mr. Quigly indicated he has not met with the Park Board. The Park Board has asked for a 3 acre parcel of park land within the plat. The Park Planning&Zoning Board September 9, 1998 Page 10 Board did not indicate the parcel had to be in the south property area. He stated he did try to meet with the Park Director. It was indicated that the park is in the hands of a park consultant. Chair Schaps stated he believes the preliminary plat should not go anywhere until the park has been placed. Mr. DeGardner, Park Director, stated the Park Board is interested in a 3 acre parcel of land. The Park Board is open to locate the park anywhere that it fits into the development. It must border the south end of the development if future expansion of the park is desired. Chair Schaps asked if any residents have approached the developer regarding the park. Mr. Quigly indicated that no residents have contacted him. He did speak with Mr. Latondra, an attorney for one of the property owners. Chair Schaps stated that he is concerned there will be no ball fields within the park. Mr. Quigly stated that is not the concern of the residents of Clearwater Creek. Those residents are more interested in a nature park. He stated he received that information based on a survey that was taken. Chair Schaps indicated he would like to see the survey. He stated he frequently hears Lino Lakes residents complain about the lack of ball fields within the City. Mr. DeGardner stated he has heard from five residents who would prefer an active neighborhood park. Chair Schaps stated the members of the Planning &Zoning Board are disappointed. He stated the revised preliminary plat is elusive. He stated there are too many holes in the report. Mr. Dunn stated the applicant should be given more time to reconstruct with staff and meet with the Park Board again. If the neighbors in the area do not want a park, the City must deal with that. He suggested the applicant work with staff again to resolve all the issues. Mr. DeGardner stated the applicant does not need to meet with the Park Board again. The bottom line is the Park Board would like 3 acres of land for park space. If the developer is able to locate the 3 acre parcel with a future expansion area of the park he will approve it himself. Chair Schaps asked if Mr. Quigly has a problem with fixing other recommendations by the October, 1998, meeting. Mr. Quigly indicated that will not be a problem. Planning&Zoning Board September 9, 1998 Page 11 n Mr. Corson made a MOTION to continue the Clearwater Creek 3rd Addition discussion at the October, 1998, meeting, and was supported by Mr. Johnson. Motion carried 7-0. Mr. Brixius asked if the applicant is aware of the letter from Mr. Powell, Consulting Engineer. Mr. Quigly indicated he was aware of the letter. D. PUBLIC HEARING- CONTINUED -Zoning Text Amendment-Driveway Width Chair Schaps opened the public hearing at 8:41 p.m. Mr. Jackson stated that over the past several months/years the City has regularly received requests from property owners to increase the width of their driveways from 26',as provided in the Zoning Ordinance,to something wider. The Planning, Building, and Engineering Departments have reviewed this section of the Zoning Ordinance and believe a change to a wider width will not affect the integrity of the Ordinance and would therefore recommend the attached amendment. This amendment would allow a driveway width up to 36'. The 36' width was selected based on the average width of a three car garage. Mr. Jackson showed pictures of residents that have installed rocks as a way of widening their driveways. He stated another problem is when residents frequently drive over the curb nothing can grow in that area. He also showed pictures from residents in other communities with driveways wider that 26'. Chair Schaps asked if green space is a problem. Mr. Jackson indicated green space is not a problem. At 10,800 square feet allowable coverage is 65%. If the text amendment is approved driveway space would be 1,584 square feet. Mr. Corson expressed concern regarding cul-de-sacs and the appearance of a sea of asphalt. Mr. Jackson stated the contractors and homeowners will ensure their property looks good. He noted the pride of ownership issue. Mr. Corson asked if the text amendment is consistent with other communities and noted the motor home issue. Mr. Jackson stated other communities do not address this issue. He stated motor homes can legally be parked on the street. Mr. Schilling brought up the snow plowing issue. He stated he believes it is a good idea to limit width of the garage corner to corner to a 36' maximum. Mr. Dunn stated he feels this is a step in the wrong direction. He stated he had previously asked for specific data. He stated that 45% of the front yard will be concrete on a 80' lot with a three car garage. He stated residents can get by with a 26' driveway with a three car garage. The City has the right to dictate driveway width because it is the City's land. Planning&Zoning Board September 9, 1998 Page 12 Mr. Jackson stated he receives approximately five calls per week regarding this issue. The blacktop companies know the rule so he does not receive calls from them. Mr. Dunn stated the rules should not be changed every time a resident calls the City about something. The wider driveways will cause more snowplowing problems. Yards will be very unattractive. He stated he believes 26' is more than adequate. Mr. Powell stated a typical cul-de-sac has 240-250' of curb. Six driveways cuts that down to 90'. With 36' driveways snow storage would be cut down to 30-40'. Utility poles and mailboxes require space also. He indicated he does not support the widening of driveways to 36'. Chair Schaps asked Mr. Carlson, Richard S. Carlson&Associates, Inc., about his experience in the last three years regarding this issue. Mr. Carlson stated he has never had anyone ask about a wider driveway. He stated that in his opinion driveway width should remain at 26'. Mr. Schilling noted that all cul-de-sacs would not contain 36' driveways. Mr. Robinson stated he is not aware of an Ordinance regarding this issue in the communities of Woodbury, Maplewood, or Oakdale. He stated the driveways in those communities are 26'. Mr. Brixius stated that in most communities that is a maximum curb cut at 24-26' with exceptions for commercial and industrial properties. Mr. Dunn made a MOTION to close the public hearing at 9:03 and was supported by Mr. Trehus. Motion carried 7-0. Mr. Trehus made a MOTION to deny the adoption of Ordinance Amendment to provide for a 36' wide driveway width and was supported by Mr. Dunn. Motion carried 4-3 with Mr. Schilling, Mr. Johnson, and Mr. Robinson voting no. VI. DISCUSSION ITEMS A. West Shadow Lake Drive Extension/Preliminary Plat Mr. Brixius stated that Mr. Richard Carlson has submitted an application for a concept plan entitled West Shadow Lake Extension. The site is located south of Birchwood Acres,which is south of County Road 10 and east of State Highway 49. The site is Zoned R, Rural District. The proposed subdivision would require rezoning the site to R- 1X, Single Family Executive Residential District. The concept plan allows the opportunity to extend West Shadow Lake road south to 62nd Street. The concept plan includes a proposed extension of West Shadow Lake Road Planning&Zoning Board September 9, 1998 Page 13 beginning 170 feet south of the centerline of Fox Road and ending in a cul-de-sac approximately 700 feet further south. The right-of-way needed to extend West Shadow Lake Road from the proposed cul-de-sac to 62nd Street would be dedicated for this use. The plan includes 15 single family lots. The City Council and Planning Commission need to decide whether it is appropriate to rezone this site to a residential district and include it in the Municipal Urban Services Area at this time. They must also decide whether West Shadow Lake Road should be extended to 62nd Street now or whether it is appropriate to end the extension with a cul- de-sac with the potential of extending to 62nd Street in the future. Mr. Robinson asked about the wetlands south of 62nd Street. Mr. Brixius indicated there are a tremendous amount of wetland south of 62nd Street which may affect the future alignment of West Shadow Lake Drive to Co. Rd. J. Chair Schaps asked if it was reasonable to say that a straight line cut to County Road J will not happen. Mr. Powell indicated that will not happen. Mr. Trehus noted the cost to the City for extending the road. Mr. Powell stated that both West Shadow Lake Drive and 62nd Street are State Aid Road. Mr. Dunn asked if it was technically impossible to continue the road to the intersection with 62nd Street. He stated that would be a good option for travelers wishing to go south. Mr. Brixius stated the street does not have to be extended. A cul-de-sac is an option until funds become available. Mr. Dunn stated that discussions have been held before regarding the upgrade of 62nd Street. Ms. Wyland indicated those discussion were about Ware Road not 62nd Street. Mr. Dunn stated a cul-de-sac would force more people to go north. Mr. Brixius indicated 62nd Street is in poor condition but could accommodate the traffic from 15 new homes. Chair Schaps asked when 62nd Street will be improved. Mr. Powell indicated it will be at lease a couple years before improvements are made on 62nd Street. Mr. Dunn stated that if the condition of 62nd Street is that poor it should be high on the priority list of road improvements. Mr. Powell explained there are other areas for improvement higher on the list. The road is adequate for traffic now. It is a matter of adding 15 new homes to the road as opposed to more. Mr. Brixius stated Mr. Carlson is looking for general approval of the concept plan because it involves a rezone. The Board may outline what they feel is acceptable. Planning&Zoning Board September 9, 1998 Page 14 Mr. Johnson indicated he supports the concept plan with the staff recommendations. Mr. Robinson agreed. Chair Schaps asked if a park plan is in place. Mr. Carlson went over the background of the property. He referred to a map which showed the location of the park dedication. He stated the two existing property owners are receptive to his plan. Chair Schaps asked about acreage. Mr. Carlson went over a map that showed wetland and mitigated. The wetland area has been doubled. He stated he has met with the Park Board. Trail access is on the north. There is an easement which will be driveable. Mr. Dunn asked which way the water will flow from the created ponds. Mr. Carlson indicated he can not answer that at this time. Mr. Powell stated the flow will go to the existing storm system, which is to the south. Mr. Dunn stated he felt the plan is acceptable. He indicated he would like to see a traffic analysis and figures regarding the capability of 62nd Street in its current mode. He stated specifics are needed for balance. Mr. Powell stated that in general terms, for a connection, 62nd Street will have to be upgraded. Mr. Dunn stated it will be easier to upgrade 62nd Street because it does not have to go to the voters. Mr. Schilling asked if Mr. Carlson has any problems with the conditions outlined by staff. Mr. Carlson stated he agrees that 62nd should be improved. Mr. Corson asked if the road is not put in now will there be enough lots to the south to justify the road. Mr. Carlson indicated there will not be enough lots to justify the road. Mr. Powell stated an agreement will be negotiated. It was the consensus of the Planning & Zoning Board of a favorable response to the concept plan keeping in mind the folloxving issues: 1. All the land required for the extension of West Shadow Lake Road must be dedicated for that use at the time of final plat approval. The concept plan shows the street dedication are overlapping a corner of another land owner's lot. Using this piece of land will require the owner's permission. Another option is to revise the site plan so that the street dedication area is shifted to the east and does not include another owner's land. 2. The street dedication are south of the cul-de-sac should be shifted slightly to the east so that lot 8 does not extend south into a thin band of upland. This will increase the amount of buildable land on the west side of the road. N.­e Planning&Zoning Board September 9, 1998 Page 15 3. The cul-de-sac should be approximately fifteen feet further south to match the extent of the southern property line of lot 7. 4. A variance is required to permit a cul-de-sac longer than 500 feet from the centerline of the street origin to the end of the right-of-way. 5. All lots must meet the minimum lot width and depth requirements with corner lots at least 115 feet wide. The concept plan shows two corner lots with non- conforming widths. VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 9:35 p.m., and was supported by Mr. Dunn. Motion carried 7-0. Respectfully Submitted, Kim Points, Recording Secretary Timesaver Off Site Secretarial, Inc.