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07/06/1998 Park Board Packet
Lino Lakes Parks and Recreation Department 7204 Lake Drive CY"' -`~ F Lino Lakes, MN 55014 I T p KE (612) 780-1885 Fax (612) 784-7227 INCCITY OF LINO LAKES PARK BOARD MEETING Monday, July 6, 1998 6:30PM SCANNED ***AGENDA*** 1. Call to Order and Roll Call 6:30pm 2. Approval of Minutes from 6/l/98 6:35pm 3. Setting Agenda 6:40pm 4. Open Mike 6:45pm 5. Birchwood Acres 6:50pm A. Installation of Climbing Equipment B. Trail Paving 1998 6. Request to Lease Portion of Quail Ridge Park to Residents for 7:05pm BMX Track 7 Review of 5 Year Capital Improvement Program 7:20pm 8. Review Development Plan of Rice Lake Estates Park 7:35pm 9. Donation From Earthkeepers 7:50pm 10. Review of New Playground Equipment Bids 8:OOpm A. Shenandoah Park Equipment Location 11. Recreation Department Update 8:1Opm 12. Parks Department Update 8:20pm 13. Old Business 8:30pm 14. New Business 8:40pm A. Resignation of Tim Anderson—Park Maintenance Worker B. Hiring of Steve Gilbertson—Park Maintenance Worker C. Park Board Information Notebooks n D. Review Park and Trails Map 15. Next Park Board Meeting August 3, 1998 8:55pm 16. Adjourn 9:OOpm If you are unable to attend the meeting please call Sandie at 780-1885, ext. 176. sw/parkbrd/7-6-98 Park Board Agenda.doc City of Lino Lakes Park Board Meeting June 1, 1998 The June 1, 1998 City of Lino Lakes Park Board meeting was called to order at 6: 37pm, by Joe Schmidt, Acting Chair in Chair George Lindy' s absence. Roll call was taken, members present were Jeff Reinert, Pam Taschuk, Sharon Lane, Pat Huelman, Joe Schmidt, and Paul Montain. Also present were Rick DeGardner, Parks and Recreation Director, and Sandie Wood, Office Manager. APPROVAL OF May 4 , 1998 MINUTES: Sharon asked that the spelling be corrected for Park Board Member Jeff Reinert and Park Board Member Huelman. She also stated that at the bottom of page 1, Recommendation #2, should read "The Park Board to discuss . . . ". Sharon Lane made a motion, seconded by Paul Montain, to approve the amended May 4, 1998 minutes . The minutes were approved. SETTING THE AGENDA: The Agenda was passed as presented. OPEN MIKE • No one was present for open mike. MAYOR KIM SULLIVAN - WELCOME NEW MEMBERS AND DISCUSSION: Mayor Sullivan stated that she highly supported the improved communication between all Boards within the City. She thanked Rick DeGardner, Parks and Recreation Director, for the improved level of communication between the Parks and Recreation Department and the City Council . She noted that because of a memo received from Rick, the City was able to obtain additional playground equipment . This resulted in many satisfied citizens throughout the City of Lino Lakes . Mayor Sullivan welcomed new members Jeff Reinert and Pat Huelman to the Parks Board. She also expressed appreciation for the reappointment of Sharon Lane to the Parks Board. Mayor Sullivan briefly discussed the goals for the City Council in 1998 . The main goals included communication, fiscal responsibility, consistency with policy application, and City processes . Mayor Sullivan stated that on June 25, 1998, there will be a meeting regarding the review of policy relating to the Comprehensive Plan. She urged the Park Board to discuss this issue further after the meeting. She indicated the policy and 1 City of Lino Lakes Park Board Meeting June 1, 1998 Comprehensive Plan should be in good alignment and all Boards should share the same understanding for future plans for the City of Lino Lakes . Sharon thanked Mayor Sullivan for the opportunity to be involved in City planning. She stated the Park Board is currently proactive as opposed to reactive. Paul noted that communication has been very much improved with the addition of Rick in the Parks and Recreation Department. HOLLY ESTATES PLAT REVIEW: Rick stated that it appears that any trail segments leading from the Holly Estates Development to Birch Park cannot be merged with the future trail that connects the Trappers Crossing Development to Birch Park. Therefore, there are two options : 1 . Create a trail segment from the northwestern corner of the Holly Estates Development northward to Birch Park. This trail would entail crossing a significant amount of wetland. 2 . Create a trail along Holly Drive eastward to the Trappers Crossing Development. Birch Park can then be accessed via the Trappers Crossing trail . Acting Chair Schmidt asked if Rick recommended option #2 . Rick indicated that he did recommend option #2 . Pat asked for verification that the trail could reach Birch Park. Rick indicated that the trail could be installed in the existing road right-of-way on the north side of Holly Drive. Paul Montain made a motion, seconded by Sharon Lane, to accept option #2 to create a trail along Holly Drive eastward to the Trappers Crossing Development and to request cash dedication in lieu of park land. The motion was approved unanimously. COLLOVA ADDITION DEVELOPMENT PLAT REVIEW: Rick stated that each Park Board Member had received a preliminary plat for the Collova Addition which consists of 2 . 3 acres . Rick recommended a cash dedication in lieu of park land. Rick stated that the comprehensive park and trail plan does not indicate the need for an east/west connection from Hodgson Road 00%., (near Fox trace) westward to the Woods of Baldwin Park area. 2 City of Lino Lakes Park Board Meeting June 1 , 1998 Rick explained there currently is a trail along the southern border of Fox Trace. An extension of this trail across Hodgson Road would logically be located along the southern border of the Collova Addition to White Pine Road. Perhaps a trail could be indicated in the existing utility easement as shown on the preliminary plat . There would not be any connection to Hodgson Road until the lots east of the Collova Addition are replatted. Rick stated that if a trail along the utility easement is desired, the drainage pond would need to be moved northward. Rick indicated that the only possibility of a trail would be through Lot #1 which is very close to the property line and there would be a wetland issue. Lots #1 and #2 would have to be replatted as well as Linda Avenue. Rick stated he did not see the need for an additional trail . Acting Chair Schmidt asked if the home on Lot #1 will be demolished. Rick indicated that all existing homes will be removed. Sharon Lane made a motion, seconded by Jeff Reinert, to recommend cash dedication in lieu of park land. Acting Chair Schmidt asked for more discussion. Acting Chair Schmidt stated not developing another trail in the Baldwin Lake Area would be a mistake. He stated that the area does not have enough parks . In the past a mini-park, lake access, and a trail around Baldwin Lake connecting with Rice Lake Park had all been considered and nothing had yet been developed. He expressed concern regarding children riding their bikes across Hodgson Road if there is not a trail access to the parks . Paul stated that he agreed with Acting Chair Schmidt. He believes that in that area there are not enough parks or trails . He noted that pedestrian traffic in that area is heavy. Rick noted that the Comprehensive Plan does not call for another trail in this area. After a brief discussion regarding various trail possibilities, Paul stated that he believes there is a need for a park in the south/west corner of the Baldwin Lake Area. He said that pedestrian traffic is currently a problem and will continue to be even if a park is developed. He stated that there is not enough park land for smaller children in this area. n 3 City of Lino Lakes Park Board Meeting June 1, 1998 Acting Chair Schmidt stated that the park issues could not be met with this plat. He stated the Park Board' s concerns regarding this issue needed to be addressed. Rick stated that the trail issue and cash dedication in lieu of park land are two separate issues . The developer does need a recommendation regarding the trail needs . The developer is in the process of preparing a site plan for the Planning and Zoning Board and City Council . Acting Chair Schmidt asked if requiring a trail easement for Lots #l, #2, #3, #4, and #5 would create an undue hardship for Collova Builders . He stated that the site plan should indicate that the houses are set back far enough for a future trail easement . Pat Huelman made a motion, seconded by Pam Taschuk, to recommend a cash dedication in lieu of park land and require the addition of an easement of the north side of Lots #l, #2, #3, #4, and #5 in the proposed Collova Addition Development, providing there is no undue hardship on Collova Builders . The motion was approved unanimously. n SUKIARY OF STORM DAMAGE - PARK AREAS: Rick stated that the May 15, 1998, storm resulted in significant damage at Sunrise Park and Woods of Baldwin Park. At Sunrise Park, approximately 65 large trees were removed and an additional 40-50 trees required radical pruning. Other damage included roof damage to shelter #2, roof damage to the warming house, outfield fencing at Field #2, and minimal damage to the fencing on Field #1 and Field #3 . Woods of Baldwin Park also suffered significant tree damage. The wooden fence near the park entrance was demolished and will need to be replaced. At Rice Lake Elementary, a five row bleacher was demolished as well as some fence damage. At the Middle School, many trees were damaged throughout the athletic field areas and trails . Shenandoah Park and Country Lakes Park also had minimal tree damage. Rick stated that the Parks and Recreation Department is assisting Lino Lakes residents that are still in need of help cleaning up their brush and construction debris . The Parks and Recreation 4 City of Lino Lakes Park Board Meeting June 1, 1998 Department is recruiting and assigning volunteers to residents that are in need of assistance. Rick showed pictures of the above damage to the Parks and Recreation Board. Sharon asked if the City' s insurance would cover the damage done to any buildings . Rick stated insurance would cover the building damage and damage to the roof. General liability coverage does not cover any damage done to the fencing and trees . Paul asked if the damaged Oak trees could be sold for oak veneer. Rick indicated there had been no discussion regarding selling the damaged trees for oak veneer. Paul stated that selling the damaged trees could be a consideration for the future. Rick noted that oak wilt could possibly be a problem in the future. Sharon asked how long it would be before the City knew if oak wilt was going to be a problem. Rick indicated that detecting the problem of oak wilt could be very soon or take some time. He stated that the damaged trees were sealed when they were pruned. The Parks and Recreation Department will be watching very closely. Rick stated that the final clean up will be on June 8, 1998 . RECOGNITION OF DONATIONS TO PARKS AND RECREATION DEPARTMENT: Circle-Lex. Lions - Coaches Training - Rick announced that the Circle-Lex. Lions Club donated $1, 000 to continue their support of the National Youth Sports Coaches Association. The Circle-Lex. Lions Club has continually supported the youth sport coaching certification program over the past several years . The Lino Lakes Parks and Recreation Department certifies approximately 200 coaches per year. Coach' s clinics are held for Centennial Little League, Centennial Baseball, Lino Lakes program coaches, and other organizations that wish to have their coaches certified. Rick thanked the Circle-Lex. Lions Club for their continued support. VFW - Playground Equipment - Rick stated that the Lino Lakes VFW has been a tremendous supporter to the Parks and Recreation 5 City of Lino Lakes Park Board Meeting June 1, 1998 Department. The VFW has contributed almost $16, 000 since 1994 . The VFW currently contributes $300 per month for playground equipment in Lino Lakes neighborhood parks. Rick thanked the Lino Lakes VFW for their continued support . Acting Chair Schmidt asked if the contributions were in addition to the current Parks and Recreation funds . Rick stated that the contributions go directly into the Park Dedication Fund. Paul expressed additional thanks to the Circle - Lex. Lions Club and the Lino Lakes VFW for their contributions and continued support. REVIEW OF NEW PLAYGROUND EQUIPMENT SCHEDULE : Rick reviewed the dates and times the playground equipment proposals will be on display at the Parks and Recreation Department, 7204 Lake Drive. Rick invited the members of the Park Board and neighborhood residents . Rick indicated that the Parks and Recreation Department is attempting to recruit volunteers to help install the new playground structures . He stated the Parks and Recreation Department has had p good response from the Birch Park area but are still in need of more assistance in the Shenandoah and Lino Park areas . Rick stated he is anticipating the City Council to award the bids at the June 22, 1998, Council meeting. Installation of the new playground equipment will take place sometime between August, 1998, and October, 1998 . Rick noted that a copy of the letter listing the playground equipment proposals and asking for volunteers for installation is attached to the Park Board' s packet. Paul asked how many playground equipment bids are expected. Rick indicated he had sent out five bid requests to local vendors . Acting Chair Schmidt asked about continuing with similar playground equipment in all of the parks . Rick stated that the playground equipment would be chosen by the vendor that offers the best package. The best package is determined by an evaluation of quality, durability, safety, equipment longevity, aesthetic appeal, and the play experience provided. Acting Chair Schmidt expressed concern regarding quality, safety, n and warranty. Rick stated that the playground equipment would be 6 City of Lino Lakes Park Board Meeting June 1, 1998 chosen according to playground safety specifications . There is a one-year warranty on service and repair. Reputable vendors do offer an extended warranty on the playground equipment . Jeff asked if about the City' s liability if volunteer' s installed the equipment as opposed to a professional. Rick indicated that a certified playground equipment instructor will be overseeing the installation. Pam asked if volunteering to help install the playground equipment would be considered community service for high school students . Rick indicated that helping with the installation would be community service. RECREATION DEPARTMENT UPDATE : Rick noted a memo from Barry Bernstein, Recreation Program Supervisor, and Liz Bursack, Program Supervisor. The memo entailed the Spring Program. The summer brochure is currently being printed and will be in resident' s homes the first week of June, 1998 . Rick noted that the Performance in the Park series will begin Sunday, June 6, 1998 . Jim Ruth Jazz will be performing from 6: OOpm until 7 : 30pm. He encouraged anyone attending to bring along a picnic basket and lawn chairs. The Performance in the Park series will continue throughout the summer. Rick noted Kite Day is Saturday, June 6, 1998 . The event will be held at Rice Lake School from 10 : 30am until noon. PARKS DEPARTMENT UPDATE : Rick gave a brief overview of a memo from Mike Hoffman, Lead Worker, Parks Maintenance, that summarized maintenance activity during May. The memo entailed damage caused from the storm on Friday, May 15, 1998 . The major push within the Maintenance Department has been storm cleanup both along City streets and within the City parks, to ensure the safety of park users and City residents . OLD BUSINESS: Review of 1998 Park Board Goals - Rick noted the 1998 Park Board Goals for the Park Board to review. He stated that Chair Lindy will address the City Council at the next Council Work Session to review the 1998 Park Board goals and priorities . Acting Chair Schmidt asked if the storm damage would effect the current Park Board goals and priorities . Rick indicated that the 7 City of Lino Lakes Park Board Meeting June 1 , 1998 storm would not change the Park Board goals and priorities . The storm did, however, put the Parks and Recreation Department behind schedule. The Parks and Recreation Department is trying to catch up in order to accomplish all projects scheduled for this summer. NEW BUSINESS: Rice Creek Watershed District Brochure - Rick distributed a brochure published by the Rice Creek Watershed District . Hiring of Mr. Anderson - Park Maintenance Worker - Rick stated that applications for the General Maintenance Worker - Parks Department position were accepted through April 20, 1998 . Sixty- seven applications were submitted. The top 11 candidates were given first interviews on May 5-6, 1998 . Three finalists were invited back for a second interview with Rick and Dan Tesch on May 12, 1996. Rick stated that he has determined that Mr. Tim Anderson is the most qualified and would best fit the Parks Department needs . Mr. Anderson has worked for the Ramsey County Parks and Recreation Department for the past 13 years . He has extensive training on a wide variety of equipment . The position provides for a beginning salary of $12 . 97/hour plus benefits . This position would be eligible for membership in the 49' ers Union. Mr. Anderson accepted the position and began today, June 1, 1998 . Rice Lake Estates Resident Letter - Rick informed the Park Board that he his requesting input from area residents in determining the priority regarding park amenities . The master plan indicates a need for playground equipment, a half court basketball court, and a tennis court. It appears that some additional money will be available this year to continue the development of Rice Lake Estates Park. Rick distributed the Rice Lake Estates resident letter to the Park Board. He stated that the letter will be mailed to residents in the next couple of days . Pam asked if Rick will be meeting with the residents after he has received their list of priorities . Rick indicated that he would not need to meet with residents . If the half court basketball court or tennis court is the resident' s first priority, he will meet with the engineers regarding location. If playground equipment is the resident' s first priority, he will offer a viewing similar as to what the City is doing with Shenandoah Park, Birch Park, and Lino Park. 8 City of Lino Lakes Park Board Meeting June 1, 1998 SCHEDULE NEXT PARK BOARD MEETING: The next Park Board meeting will be held on July 6, 1998, 6: 30pm, at the Lino Lakes City Hall . ADJOURN: Paul Montain made a motion to adjourn, seconded by Pam Taschuk. The meeting was adjourned at 7 : 50pm. Respectfully Submitted, Kim Points Recording Secretary n 9 Lino Lakes Parks and Recreation Department i 7204 Lake Drive C i T 1( O F Lino Lakes, MN 55014 I KE (612) 780-1885 Fax (612) 784-7227 IINC)LA TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Birchwood Acres—Installation of Climbing Equipment The Friends of the Park have donated a Jacobs Ladder climbing apparatus and picnic table for Birchwood Acres Park. There have been some concern from area residents who live adjacent to the park regarding the addition of the Jacobs Ladder. Some residents have expressed concerns about installing additional play equipment. One resident stated, "the neighborhood worked very hard in developing this park to the extent that it currently is, and it is not reasonable to add additional equipment." There was also concern regarding the color of the Jacobs Ladder. If it is acceptable to add this piece of equipment, I would recommend extending the existing play area to the south. This would require the removal of 10— 12 Quaking Aspen Trees, approximately 1"-2 t/2" in diameter. This species of tree is not considered a quality species. The removal of the trees would not diminish the natural beauty of this park, impact the visual experience of the park area, and there is adequate trees and brush surrounding this area. The Jacobs Ladder consists of a yellow middle post with two of the climbing bars blue and the remaining two bars green. In discussions with the equipment vendor it is not feasible to paint this equipment. It is my recommendation to install the Jacobs Ladder climber by extending to the south the existing play area. This piece of equipment would compliment the existing play equipment, would not visually impact adjacent residents, and would not impact the scenic beauty of this park. sw/parkbrdBirchwood Acres—Installation of Climbing Equipment.doc BIRCHWOOD PARK CITY OF LINO LAKES F BARD BY, HAWTHORN ROAD wm U.PuWD�to -wtd eu ae-MA —HXCKMIP (10XROXIOz 10ft. high) PLAYERS BENChES — ind backstop Date rroror TRAIL ACCESS T /ELD OOft. FOUL LIA E LONESOME PINE TRAIL m SOC ER /EL PLANT MATERIAL BUFFER F-W 0 X 50 t. Approx. 80' from foul line -- to property line. BUFFE _ AREA CALCULATIONS YBALL COUR" TOTAL DEDICATED PARK AREA 1&4 AC. 2 OURT r/ AREA OF WETLAND rY AC. B� KETSALL COURTell AREA OF DEVELOPABLE LAND W S AC. TRAIL ACCESS PL QU/PMENT FOX ROAD 300 LA AR A 5ft. x 1 Off. _ r f r MA IN 1 STING r 3✓j ��j �/�//G / �i/i // / z con mg —HO SE // ' 'zi YOLLEhB,ALL 6�If#.TS D OFFS! ❑ . ❑ - lE PAR /NG 12 A /• /�/" "` / A T N C tCSEWAY RAIL ACCESS 96-35 Independent Play Events Climbers Dome Climbers R i -� �— Specifications Designed for children. . . . . . . . . . . . . . 5 to 12 years r Play structure size. . . . . . . . . . . 3 m (101 in diameter Y Approximate resilient surface area . . . . . . . . . . . 6.7 m (221 in diameter Weight. . . . . . . . . . . . . . . . . . . . . . . . 139 kg (307 lbs.) Model number . . . . . . . . . . . . . . . . . . . . 200010785 . . . . . . . . . . . . . . . . . . . . . . . . . . . �- Price. . . . $1,724 Weight . . . . . . . . . . . . . . . . . . . . . . 139 kg (306 lbs.) Model number. . . . . . . . . . . . . . . . . . . . 200000297 Price. . . . . . . . . . . . . . . . . . . . . . . . $1,936 Dome Climber 200010785 JaCOb'S Ladder Specifications Model number. . . . . . . . . . . . . . . . . . . . . 100000718 Designed for children. . . . . . . . . . . . . . 5 to 12 years Playstructure size. . . . . . . . . . . . . 2.1 x 4 m (T x 13') \ Aproximate resilient surface area . . . . . . . . . . . . . 7.6 m (25') diameter Weight. . . . . . . . . . . . . . . . . . . . . . . 171 kg (377 lbs.) ; Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,289 ainbow Climber Specifications Model number . . . . . . . . . . . . . . . . . . . . 200010822 '•� �� Desi ned for children. . . . . . . . . . . . . . 5 to 12 ears ° Playgstructure size. . . . . . . . . . 1.0 x 4.3 m (3.4'x 14') Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3 m (7.51 Dome Climber 200000297 Approximate resilient surface area . . . . . . . . . . . . 4.9 x 7.9 m (16' x 26') Weight. . . . . . . . . . . . . . . . . . . . . . . 144 kg (317 lbs.) l Price. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,325 - r Jacob's Ladder 100000718 Curved Climbing Wall Specifications Model number. . . . . . . . . . . . . . . . . . . . 200034456 Designed for children. . . . . . . . . . . . . . 5 to 12 years Play structure size. . . . . . . . . . . . 1.2 x 2.4 m (4'x 8') Approximate resilient surface area . . . . . . . . . . . . 4.9 x 6.1 m (16' x 201 100 Rainbow Climber 200010822 Weight . . . . . . . . . . . . . . . . . . . . . . 136 kg (299 lbs.) Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,700 Lino Lakes Parks and Recreation Department 7204 Lake Drive C Y Lino Lakes, MN 55014 IT p KE (612) 780-1885 Fax (612) 784-7227 June 29, 1998 TO: Park Board Members FROM: Rick DeGardner SUBJECT: Birchwood Acres Trail Paving 1998 Enclosed is the master plan for Birchwood Acres Park. The area I am recommending to pave this year is highlighted. I would like to locate the trail near the '/s court basketball court and volleyball court next to the edge of the park. This will create a more aesthetically pleasing experience for the trail users. With the original location there would be a baseball field on one side of the trail and a volleyball court and basketball court on the other. sw/parkbrdBirchwood Acres Trail Paving 1998.doc 11-\ HAWTHORN ROAD P C10X 0 f0 z �' X 10Pf. high PLA YERS HENChES - bolrind backi TRAIL ACCESS ' 1-URF-1AFFIELD � -- -------- ---- - ,,\- O O f f. F UL L I E i_0NE_ S. I ER �IELC� ..._..... _ -PLANT f. C S C 11 _t5of_4 _ � - •-�►'�• � ram.X 1250 t. _ PP ' _--------_ ------- , to prop e LA - jBrA UFFE YBALL COUNTOURT KETBALL COURT , `= PL 0UIPMENT : APEA I ,.'// /�i/ i HAWTHORN ROAD .� -HA-C P (10X z 10f f. higf, PLAYERS BENC S - 501rind backs TRAIL ACCESS - -' tURF-INFIELD � ___ - -_- ---_--- 0 0 f t. F UL LIE LONESOME PINE 1RAIL --- m ISO C ER IEL -PL ' ....�sa. i i Of. X 50 , �`. - Approx. ---- _ =-=---- to prop e -PLA .. '� BtIFFE �t 0 YBALL COURT OURT, , BA KETBALL COURT , SEA ,/ ., ��r/, ✓j�.rl�f // /•/.- i , ( / •car�/` r,�r/r/ /.�� // l!//j /��/! /rr,�j�G. ti'ir/- tS Xi//'i'' b. Lino Lakes Parks and Recreation Department 11-N7204 Lake Drive C 1 T Y" p r- Lino Lakes, MN 55014 INOLAKE,S (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Request to Lease Portion of Quail Ridge Park to Residents for BMX Track On June 5, 1998 I was notified that residents near the Quail Ridge Park were constructing a BMX Track on park property. I subsequently had the Park Maintenance Department staff remove the track. I discussed the situation with Mrs. Terri Scheele regarding my concerns with the existence of residents constructing a BMX Track on park property. Mrs. Scheele is planning on requesting the City to allow the neighborhood residents to create and maintain a BMX Track on park property. Certainly my most significant concern deals with the liability issue. Attached is a response from Bill Hawkins. Mr. Hawkins claims that it is possible to lease a portion of the park for this purpose. If the City accepted the offer to lease some land to Mrs. Scheele she would be obligated to obtain general liability insurance coverage and name the City as additional insured. Furthermore, the lease would require the entity to indemnify the City for any injuries that may take place on the property. The current tort limits are $300,000 per claim and $750,000 per occurrence. As you are aware the Quail Ridge Park was master planned this past winter. In prioritizing the overall park system needs, I do not anticipate development of this park for quite some time, unless a significant amount of financial assets are secured (bond referendum). Att. sw/parkbrd/Request to Lease Portion of Quail Ridge Park to Residents for BMX Track qo: i►,1:- :•+•. 1:galsis u-A�� ��%�`•il.'.e! tl•i Ny�., '�j �Vl: ���- •��'i:%i111�iii•-4-:r - .•♦l�lj1��♦1�i l r. ai•��•r�i+.%LI. ...... •.iil 41 •is•� Ufa,„+: •• ';,;, �� rope, �i1• `!f� awe •1' ti.•:• ,���i111111111Pi ',,11,--;•.:\1�i of ��1��r,IZ.�ya�Ot,1•�i�•,t$�.i�•�Y,1••-,•�„ l•�i �I/li•111it/,iJ•aY�jj���•,i�f��•i11��uii`��-1�'t11.ii /�ir�:i►'.•:�" � ..•. . . ., � �•.Ial'y{•� ..•'.. vll.�y�i• ai''�.:dam ... ... ♦♦♦♦ 1t ••. H1,1 h��{��►•. ~;�ili viler•, �{�� vi� .. ♦♦♦♦♦♦♦ t. •frlwl�!•r�:lij• •f1,1�{,1'1L�� !a �if{+f� �:11 ♦♦♦♦♦♦ Ai 'Hllr.�� � �ai�•fr,1.iii.- ... i1►1i�Ila- •' ♦'♦♦♦� gar lip �,v i1� j•r 'gri.i11; �I.pTIM . �ii4 nil , �\�_•. a.lc •�j�r'� � \LIB � • \1 '1/lr •.� �i11a• ap„?:y •i�. .A ... ill:vi1: l i � 1� 1 fir t1 . tl•J IMF �t1� Al ry'%� aiiaitr •. o• •• a.•F' �1:� •-.. '• •' �Illc 'I�h ail iq:• r Itt'' . �I�L• VHa• y�� .t�ui7. �' \.= Air 1•--• // ��•.•,� •L� dkF '11'.:NIiti11 . r',: a$�1►1w it/1► �Y.r:•PA `f11.�1-.-� IM a a•. . ir•.. ! i `I�I••al•r �i .vi!��.• lU,1 ��Ili�ul: a u 464 MM111111111 11 • • 1 1 11 { LAw OFFICES OF William G. Hawkins and Associates Legal Assistant 2140 FOURTH AVENUE NORTH WILLIAM G. HAWKINS TAMMI J. UVEGES ANOKA, MINNESOTA 55303 BARRY A. SULLIVAN PHONE(612) 427-8877 FAX(612) 421-4213 June 22, 1998 Mr. Richard DeGardner, Jr. Director of Parks and Recreation Lino Lakes Parks and Recreation 7204 Lake Drive Lino Lakes, MN 55014 Re: BMX Track at Quail Ridge Park Dear Mr. DeGardner: Please consider this letter a response to your request dated June 12, 1998 regarding the BMX track at Quail Ridge Park. As I understand it, the first question raised by this issue is whether the City has the authority to enter into a lease of real estate with a private party. Generally, the answer is yes. However, a problem may arise with respect to park land. Our ability to lease the property would be dependent on whether or not the property was dedicated to the City for a specific park use or generally as a part of a residential subdivision plat. If it was dedicated for a specific purpose the lease could not be inconsistent with that purpose. If it was dedicated as a part of a plat this would allow use of land to the public for general park and recreational uses. I believe that the proposed BMX Track would be consistent with this type of dedication. Our recommendation is that a written lease be signed by some responsible individual or business entity rather than a loose association of people. Further, it would be prudent that the lease require that the tenant obtain general liability insurance coverage and name the City as additional insured. Furthermore, the lease would require the entity to indemnify the City for any injuries that may take place upon the property. The amount of the insurance should be consistent with the tort limits established by Minn. Stat. § 466.04. These limits currently are $300,000.00 per claim and $750,000.00 per occurrence. The per occurrence limit rises to $1 million effective January 1, 2000. 1 would want to review or prepare any such lease. Mr. Richard DeGardner June 21, 1998 Page Two In summary, a municipality generally has the authority to enter into a lease agreement for real estate. There may be some restrictions however, in the case of park land if there were limitations at the time of the dedication. The lease should be executed by a responsible person or entity with appropriate insurance coverage. I hope this answers the questions which you have raised. Thank you for your attention to this ma S ere 5 William G. Hawkins WGH/tju cc: Dave Pecchia Lino Lakes Parks and Recreation Department -. 7204 Lake Drive CITY Lino Lakes, MN 55014 LLN KE (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Review of 5 Year Capital Improvement Program The City has begun the 1999 budget process. I am in the process of compiling the 5 Year CIP. I am requesting input from the Park Board regarding the prioritization of park improvements. The purpose of this is to request a realistic amount of funding from the General Fund to continue general park improvements. I anticipate limiting each annual General Fund request to $50,000. Please review the attached draft of itemized list of neighborhood park improvements. Feel free to indicate your priorities for the years 1999, 2000, and beyond while keeping in mind an approximate $50,000 total request per year. Feel free to add any items not listed. We can certainly accelerate improvements by using other funding sources such as the Park Dedication Fund. Please submit your responses to the Parks and Recreation Department by Thursday, July 9, at 1 pm. sw/parkbrd/Review of 5 Year Capital Improvement Program.doe CAPITAL IMPROVEMENTS �-. Park and Recreation Department 1999 2000 2001 2002 2003 Beyond Funding Source Arena Acres Playground Equipment(Replace) $ 30,000 Resurface Tennis Courts(2) 4,500 Windscreen on fencing 2,200 Benches and tables 600 Total Arena Acres $ 37,300 Behms Century Farm Master Planned 1998 Birch(Ded$15,000) %Court Basketball 8,650 Picnic Shelter 18,000 Tables,benches, grills 1,900 Trails,Land Acquisition 15,000 Park Dedication Total Birch $ 43,550 Birchwood Acres Picnic Shelter 30,000 ,Wqmal Trails 15,000 ,ourt Basketball 8,650 Sand Volleyball Court 2,950 Tables and benches 1,200 Horseshoes 950 Total Birchwood Acres $ 58,750 Brandywood Playground Equipment(New) 30,000 %Court Basketball 8,650 Tables and Benches 1,250 Total Bran dywood $ 39,900 City Hall %Court Basketball 8,650 Replace backstops&fencing 6000 Benches and bleachers 2,500 Pave parking lot Irrigation 20,000 Pave Rink 15,000 Total City Hall $ 52,150 ^,prwater Creek Page 1 of 3 Total Clearwater Creek $ - Wintry Lakes dyground Equipment(New) 30,000 Group Picnic Shelter 45,000 Internal Trails Pave Parking Lot 1/2 Court Basketball 8,650 Benches and tables 2,500 Total Country Lakes $ 86,150 Lino Resurface Parking Lot(26,800 sf) Replace Backstop 3,000 Replace 6'Fencing(285feet)(w/8') Warning Track(10'wide) Player benches and bleachers 2,000 Irrigation 8,000 Total Lino $ 13,000 Marshan �ljll master plan 1998 Total Marshan $ - Quail Ridge Contingency/Design/Engineering 34,000 Playground Equipment(New) 30,000 Site Prep/Landscaping 35,000 Trails(1700 ft) 19,000 %Court Basketball 8,650 Horseshoe 950 Site Amenities 15,000 Deck Overlook 8,000 Replace Existing Boardwalk(165 24,000 Workout Station 4,500 Boardwalk-New 22,000 Total Quail Ridge $ 201,100 Rice Lake Estates Playground Equipment(New) 35,000 Tennis Court 28,000 %Court Basketball 8,650 Park Benches 600 al Rice Lake Estates $ 72,250 Page 2 of 3 Shenandoah %Court Basketball 8,650 Benches and tables 1,200 '-IN Work 25,000 urf, Fencing? Aglime 5,250 Total Shenandoah $ 40,100 Sunrise Pave Parking Lot Player benches and bleachers 5,000 In-Line Skating Rink 18,000 Replace Backstops(2) 6,000 Irrigation 5,000 Total Sunrise $ 34,000 Sunset Oaks %Court Basketball 8,650 Landscaping 5,000 (Leveling, Seeding,Trees) Benches and tables 1,200 Total Sunset Oaks $ 14,850 Woolans Park ,y-stall Trails x Benches 550 Total Woolans $ 550 Rice Lake Elementary Tennis Courts(2) 56,000 Additional Items TOTALS DEDICATED PARK FUNDS Behms Century Farms 38,270 Rice Lake Estates 42,747 (+$20,000 lots) Pheasant Hills 46,547 1996 playground equipment Quail Ridge 3,000 Master plan Wenzel Farms 11,398 Bridge Birch Park 15,000 1996 Goals trail/land acquisition Birchwood Acres 1,408 Country Lakes 259 Lino Air Park 4,400 Playground Equipment-VFW 8,400 Trails 15,000 1998 ,wtal Designated Dedicated Fund $ 186,429 A Dedicated Funds $ 298,498 Page 3 of 3 f Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T . p Lino Lakes, MN 55014 LLN KE (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Review Development Plan of Rice Lake Estates Park The trail leading to Baldwin Park will be constructed this August. The estimated cost of completion for this trail is $17,000. There is currently $42,700 in the Park Dedication Fund designated for this park. I am also in the process of selling the two lots on Sandhill Drive. I estimate to obtain approximately $20,000 for this property. I would recommend that any revenues generated from the sale of these two lots be earmarked for Rice Lake Estates Park. On June 8, I sent out the attached memo to area residents. Also attached is a summary of the thirty responses. With the construction of the trail, there will be approximately $25,700 remaining in the Park Dedication Fund. I would like to proceed with further development of this park this year. This neighborhood has been patiently waiting for quite a few years, and I would prefer to not delay further development of this park another year. The estimated cost for clearing the site will be approximately $5,000. Att: sw/parkboard/Review Development Plan of Rice Lake Estates Park doc �1 Lino Lakes Parks and Recreation Department ' - 7204 Lake Drive M CITY"' 'p Lino Lakes, N 55014 N KE (612) 780-1885 Fax (612) 784-7227 June 8, 1998 TO: Rice Lake Estates Park Area Residents FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Rice Lake Estates Park The Parks and Recreation Department is in the process of installing a bituminous trail from Sandhill Drive(near the wellhouse)to Baldwin Park. I anticipate this trail segment to be completed this summer. It appears that some additional money will be available this year to continue the development of Rice Lake Estates Park. Enclosed is the master plan for the park that was done in 1996. The master plan indicates a need for playground equipment, a half court basketball court, and a tennis court. n I am requesting input from area residents in determining the priority in which the above listed amenities should be constructed. Please complete the information below and return to the Parks and Recreation Department, 7204 Lake Drive, Lino Lakes, Minnesota 55014, by June 22, 1998. 1 will take this information into account when determining which park amenities should be installed, with available funds, for the Rice Lake Estates Park. If you feel that the enclosed master plan is"outdated" and would like the layout of the park revisited, please indicate this on the form below. For example, perhaps there is no interest from area residents for a tennis court and would rather have a full court basketball court. This planning process would be done later this year. Please feel free to add any additional comments. --------------------------------------------------------------------------------------------------------------------- NAME ADDRESS PHONE Please prioritize the following amenities with#1 having the highest priority, #2 the next highest, #3 the lowest priority. Playground equipment Half court basketball court Tennis court n Would you like to see this park re-master planned this fall? Yes No Comments: sw/rick/Rice Lake Estate Park Survey.doc June1998 Rice Lake Estates Survey PRIORITIES AMENITIES HIGH MEDIUM LOW Yes No Playground Equipment 16 4 10 1/2 Court Basketball Court 4 18 5 Tennis Court 8 8 15 Re-master plan 9 17 COMMENTS: We're behind you 100% - keep moving forward. Could have used this park 10 years ago...Famil has outgrown this. Get going we've waited long enough. We have been promised the park for 9 years iust build something, anvthing! Age 7-12 playground equipment...not toddler. Important that playground equip. be geared towards the proper age, most kids in neighborhood aren't toddlers anymore. Would like neighborhood to give input on kind of equipment. Please involve residents. Thanks for keeping us informed. With growing community this park will be well used. Trail going to Baldwin should loop back to ballfield and out to Rice Creek Park. Want both trails off Egret finished and connected to trails going to library. Enhance trails with wildflowers and Bluebird houses. Anxious for bike trail access to Rice Lake Elem. School, Highway 49 too dangerous to ride on. Expedite completion of regional trails. Push County on trail development. Keep area as natural as possible. Full court basketball court please. Two picnic tables and a bench would be ok. What's the status of selling two lots. Re-master plan only if process can be sped up. Open area for kids to gather and play. Soccer etc.) sw/parkbrd/Rice Lake Estates Survey.xis 1 3 4 TENNIS / BASKETBALL PICNIC \ COURT TABLE 5 TYP. p 10 — PLUS --- 3R PLAY EQ UIPMENT 7 ❑r' 1 NEIGHBORHOOD NEIGHBORHOOD CONNECTION CONNECTION g _ _ ._. - =-�;.:�, 2 � 10 8' �1PIDE TRAIL 13 72 11 TYPICAL 14 15 EXISTING HOCKEY 1s WEI LAND ~' 10 _.. AREAca EXISTING q BALLFIELD s 10 — PLUS BALDWIN PLAY y' OOETNE PLAY EQUIPMENT d ;r. \ +� AREA - - i� � 4;; 3 2 1 1 Zo 1.4 REGIONAL 'TRAIL OVERALL LAYOUT ,._,�. PLAY AREA ENLARGEMENT ,._,o. ALTERNATE #1 y: i �yyO: Xq tD G"WIDE NATURAL . . . . . . / - THROUGH WETLAND - NO . - SID / / 8x12 VIEWING DEGK GENERAL 1 1 SKATING AREA uj PORTABItE�WARMING HOUSE 0 ION BASKETBALL POND - 1/2 GOURT 1 dME W o`u / gu c0 0\ ti, a1 c BALLFIELD/GENERAL O U USE AREA l p� / G"WIDE / ASPHALT TRAIL PLAY AREA ---------- -� a I - - — Scale 1' = 30' 11 C1 a ,�</>6� G' WIDE NATURAL }il f., SURFACED TRAIL THROUGH WETLAND A1. Ilk lo GENERAL F4�a I SKATING AREA El O —————— PORTABLE WARMING VIEWING DECK HOUSE LOCATION (8x12 W/BENCH) r 1 4...:y� L_J POND O /A� 1.1. .«...av P80 FL,. I in' C l BALLFIE4D/GENERAL I fy III USE AREA 6Y -- c- I - - cO Y PICNIC ®\\ BASKETBALL SPACE �\ COURT i V O G,WIDE I U ASPHALT PATH I Y HARDGOUR7 I - PLAY' > _ AREAI 1• —'I PICNIC El SPADE I 12:1 FENCING ' _ _ Scale 1" = 30' b p �r ?i... vt: ,6'W1DEMAYwW--. SURFACED?RAIL hl1 OUGH'WeTLiWD I � c i GENERAL \\\ \\\ � SKATING AREA 1 i r— W L I PORTABLE WARMING T� HOUSE L( .TION POND 2 BASKETBALL 1/2 COURT I i 180' FL I I ne a?'• BALLFIELD/GENERAL p O USE AREA i `C A 0 1 i „♦ ��� ii. �I 6';WIDE ASPHALT PATH ca co � J PLAY AREA <m 1T— PICNIG AREA _ ® 1 ® o x Sheet HORSESHOES _ _ Scale V = 30' C 3 1. Lino Lakes Parks and Recreation Department ^ 7204 Lake Drive C 1 T Y• = O F Lino Lakes, MN 55014 [LNO KE (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Donation from Earthkeepers Attached is a letter from a Grass Roots Environmental Organization called Earthkeepers. This group has recently disbanded and has donated funds to use for beautification projects to the five ^ area city park boards. The City of Lino Lakes portion is $128.17. sw/parkbrd/Donation from Earthkeepers.doc s - rt June 16, 1998 Lino Lakes Park Board Lino Lakes City Hall 1187 Main St Lino Lakes, MN 55014 Dear Park Board: In 1990 a few interested residents of Circle Pines, Blaine, Centerville, Lino Lakes, and Lexington formed a grassroots environmental organization called "Earthkeepers" and organized the first annual Earth Day cleanup and beautification efforts in these cities. During the following years, Anoka County began its Adopt-a-Mile and the various cities followed with their own Adopt-a-Park programs. The annual Earth Day cleanup has continued in some of the cities. We .-,. felt Earthkeepers was influential in these successes. In 1993, with the formal programs going as well as other various city-sponsored events, Earthkeepers disbanded. We disbanded with a positive bank account. Therefore, we are writing a check to the five city park boards in the hope that you will use this money for beautification of your city--whether it be cleaning up trash or planting daylilies in the ditches! Your portion is $128.17. Sincerely, Mavis Hogstad Earthkeepers Treasurer /Oa Lino Lakes Parks and Recreation Department 7204 Lake Drive CITY O F Lino Lakes, MN 55014 N KE (612) 780-1885 Fax (612) 784-7227 L1 .June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Review of New Playground Equipment Bids City Council awarded the playground equipment bids at the June 22, 1998 Council meeting. There were five companies submitting proposals for the three playground sites being upgraded this year. The playground equipment X roposals were on display at the Parks and Recreation Building from June 11 through the 16 . Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the projects. The playground equipment projects were awarded as follows: Lino Park—Minnesota/Wisconsin Playground, Inc. (Game Time) in the amount of$30,000 Birch Park—Minnesota/Wisconsin Playground, Inc. (Game Time) in the amount of$30,000 Shenandoah Park—Flanagan Sales, Inc. (Little Tikes) in the amount of$27,600 The above vendors offered the City of Lino Lakes the best package of playground equipment. Evaluations were based on a number of factors including equipment quality and quantity, safety considerations, aesthetic appeal, and the play experience provided. I met with area residents on Thursday, June 25 to select playground colors. It is anticipated to begin installation of the playground equipment sometime in August. We have had sufficient response for volunteers to assist with the installation of equipment at Birch Park and Shenandoah Park. However, we have had no response for Lino Park. sw/parkbrd/Review of New Playground Equipment Bids.doc I©A, Lino Lakes Parks and Recreation Department 7204 Lake Drive CITY 'O F Lino Lakes, MN 55014 N KE (612) 780-1885 Fax (612) 784-7227 LIJune 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Shenandoah Park Equipment Location I would like to discuss the location of the new playground equipment at Shenandoah Park. n It seems to make more sense to locate the new equipment where the existing ice rink is located. This would maximize the open play area for this park. sw/pazkbrd/Shendoah Park Equipment Location.doc i I 1 - ---- — UC I v I ; : I ! I ! i j ' -------------- Rs � � ENr � �- L - Lino Lakes Parks and Recreation Department _ CITY` OF 7204 Lake Drive N KE Lino Lakes, MN 55014 (i (612) 780-1885 Fax (612) 784-7227 RECREATION UPDATE ,June, 1998 i� t�+� N t ,ro IC _� s 2 � a mez r X " v n r r x n } vy a ry Young people enjoying the new playground equipment at Sunrise Park LINO LAKES PARKS AND RECREATION DEPARTMENT "We are working hard, so you can Play" Summer Program Highights ♦ The weather is causing some program adjustments, but we are being as creative as possible in order to reschedule programs. ♦ At Kite Day, we passed out almost 200 kites in 20 minutes. ♦ T-ball has started and over 200 people are participating in this program. ♦ The Friends of the Parks Foundation is in the process of receiving a donation of$1000 from Target Industries. ♦ Tennis and golf lessons are in full Swing. Everything but weather is working out very well. ♦ Performance in the Parks program has started and is well attended by residents. ♦ Open Playground Program -we served an estimated 480 youth our first week at our seven open play ground locations-Sunrise Park, Inner Park,Sunset Oaks Park, Lino Park, Birch Park, Birchwood Acres Park, and Country Lakes Park. ♦ Traveling Playground Program -we served an estimated 65 youth our first week at our two traveling playground sites - Baldwin Park and Golden Lake Elementary. ♦ Wild Away For A Day Trips - MM Zoo and IMAX, Is scheduled for July ?, 1991W. ♦ Preschool Playtime is off to a good start. 15 participants enjoy crafts,games and senses activities. ♦ 47 youth participate in our Soccer"Fun"damentals program, which focuses on basic soccer skills and the concept of team play. WI Programs ♦ Teen Activities:focusing on outdoor adventure and challenge activities. ♦ Halloween Special Event: scheduled for October 29, 199g. ♦ Thanksgiving Turkey Shoot: scheduled for November 14, 1999. Any questions Feel free to contact Barry Bernstein or Liz Bumack. l� Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T Y" Z p F Lino Lakes, MN 55014 N KE (612) 780-1885 Fax (612) 784-7227 LIJune 25, 1998 TO: Park Board Members FROM: Mike Hoffman, Lead Worker SUBJECT: June Maintenance Update Things have almost returned to normal from the storm of May 15tb Our seasonal crew has done a good job keeping our park areas mowed on a weekly basis. Currently, we mow 17 parks, the Police and Fire buildings, City Hall, city water towers and well houses (4), and a number of boulevard and trail segments. This amounts to approximately 100- 125 acres of mowing which we try to complete weekly. No easy task especially if we get rained out for a day or two. Softball and Little League is in full gear and with it comes athletic field preparation on a daily basis. Currently we are averaging six ballfields that must be fully prepped on a daily basis. This consists of repairing dig outs in batters boxes, pitching rubbers, and base areas, dragging infields, chalking base lines and batters boxes, dropping off game balls and picking up garbage around players benches and bleachers. In addition there are six other fields that we try to drag daily or every other day. Additional projects for June included completion of the playground at Sunrise Park, (the surrounding area will be seeded in mid to late August), storm cleanup, planting trees around new playgrounds to replace trees that were lost in the storm, removal of damaged roof to shelter#2 at Sunrise Park, obtaining estimates for roof repair to Sunrise warming house, and fertilizing all our irrigated turf areas. Sunset Oaks Park was vandalized over the June 20t'-21"weekend. Graffiti was placed on the play structure, picnic table and outhouse. This equipment has been cleaned and is back to its original condition. ��� sw/parkbrd/June Maintenance Update.doc I,qA. Lino Lakes Parks and Recreation Department i 7204 Lake Drive C I T Yy O F Lino Lakes, MN 55014 KE (612) 780-1885 Fax (612) 784-7227 ft ILP June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Resignation of Tim Anderson—Park Maintenance Worker 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 the Ramsey County Parks and Recreation Department. sw/parkbrd/Tim Anderson Resignation.doc /q6. Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T Y O F Lino Lakes, MN 55014 I KE (612) 780-1885 Fax (612) 784-7227 0 LA June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Hiring of Steve Gilbertson—Park Maintenance Worker Mr. Gilbertson was involved in the application process last month for the General Park Maintenance worker. Steve 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 of 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 Steve's employment with the City of Lino Lakes he was involved in landscaping and lawn maintenance since 1985. sw/parkbrd/Steve Gilbertson—Park Maintenance Worker Hiring.doc IBC : Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T `p Lino Lakes, MN 55014 LINCKE (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Park Board Information Notebooks Sandie Wood has compiled a 3 ring binder of important and relevant information for all Park Board Members. Information such as the Park Board Calendar, Park Board Goals, Park Dedication Funds, Ordinances, Park Grid, Master Plans of All Park Areas, and Park Board Information is included. Hopefully this will help you to centralize all the information regarding the Park Board meetings and perhaps keep you organized! sw/parkbrd/Park Board Information Notebooks.doc ��1 jgDi Lino Lakes Parks and Recreation Department 7204 Lake Drive C I T Y` 'O F Lino Lakes, MN 55014 1 KE (612) 780-1885 Fax (612) 784-7227 June 25, 1998 TO: Park Board Members FROM: Rick DeGardner, Parks and Recreation Director SUBJECT: Review Park and Trails Map A 36" x 48" parks and trails system guide will be distributed to all Park Board members at the July 6, 1998 Park Board meeting. Please note that the map includes all trails scheduled for paving later this year. sw/parkbrd/review park and trails map.doc r� CITY COUNCIL BOARD OF REVIEW APRIL 20, 1998 ^ CITY COUNCIL BOARD OF REVIEW MINUTES DATE : April 20, 1998 TIME STARTED : 6:32 P.M. TIME ENDED : 7:00 P.M. MEMBERS PRESENT : Council Members Bergeson, Dahl, Lyden,Neal, Mayor Sullivan MEMBERS ABSENT : None Staff members present: Clerk-Treasurer, Marilyn Anderson and Anoka County Assessor, Todd Smith. The purpose of the meeting was to allow residents to come before the City Council and explain why they feel the value placed on their property by the City Assessor for property taxes payable in 1999 is incorrect. Mr. Smith presented information regarding State Statutes governing the Board of Review. There are several different portions of the Statutes that must be followed. The City and County Assessor's office have followed them every year. Mr. Smith's presentation included a definition of market value. He also presented a map to the City Council. The blue shaded area represents the area of re-assessment in 1997. Mr. Smith reviewed all properties in this area during 1997. The tan area represents the area that he will be reviewing in 1998. By State law, the Assessor must review 25%of the parcels of land each year. Mayor Sullivan noted that this map should be included in the next City newsletter along with an explanation that the Assessor visits one-quarter of the City annually. The final part of Mr. Smith's written presentation was the valuation notice which is designed by State Statute to reflect certain information and sent to each property owner each year. Council Member Neal noted many homeowners build patios. He asked if patios are included in the value of the property. Mr. Smith said patios can be very costly to install. However, they are not included in the value of the property because there is such a wide variety of construction. Decks are included in the value of the property. The Assessor looks at decks as an element of construction and determines the actual market value for that particular deck. Often decks are overbuilt but it may not add the value of what it cost to construct it. This also may be true with finished basements, additions or garages. Land is the only thing that appears to have a constant upward trend in value in Lino Lakes and there appears to be no slowing of this trend. ^ Council Member Bergeson noted at one time there was a 3% increase to the value of all parcels. Mr. Smith said this comes from a historical standpoint. Usually, at the end of the PAGE 1 CITY COUNCIL BOARD OF REVIEW APRIL 20, 1998 year when all numbers are in,the County performs a sales ratio study. Mr. Thurston,the County Assessor looks at what has happened to property values in comparison to the assessed ratios. He compares the actual sales to the assessed values, how much difference there is, how much is attributed to new construction costs increases and how much is attributed to appreciation or inflation. He then makes a judgment as to how much he will increase structure values in the entire county. This is done on a mass basis and in general, for the past five (5)years,there has been a 3% increase on structures only. Most real- estate appraisers agree that 3%is a very good number to use in the midwest. Mr. Smith noted that when he returns to a particular property in the regular four(4) year rotation,his review of the value of the structures will not change unless there has been new construction or some other substantial change. Mr. Smith explained land values are another issue. He adjusts land values according to what is happening with the actual land sales in the area. This is done on an annual bases. Occasionally landowners may see a decrease in their land value. This happens when there has not been enough land sales to justify an increase or the sales indicated that land values have actually dropped from the previous estimates. Mr. Smith noted state standards require the assessor's appraisals be within 90 and 105 percent of actual market value. This year he was at 94.4% and this has been very close to the past years. Council Member Lyden asked how does the upward trend in land values impact property classified as Green Acres or agricultural and the tax to those owners. Mr. Smith explained in 1996, he visited every parcel classified agriculture in the City. He removed approximately 35 properties from the agriculture classification and changed them to residential because they did not qualify under the State criteria for the Green Acres program or the agriculture classification. In some cases,there was a big impact to the tax payer and in some cases it did not make much of a difference. Although property values increased in areas where there were Green Acres or agricultural properties,values used for these classifications stayed fairly stable at$900.00 per acre for Green Acres or agricultural as opposed the market value of$3,200.00. If the Green Acres or agricultural properties happened to be in the MUSA, an additional MUSA value was added. However, the property owners still only paid taxes on the Green Acres or agricultural properties value. As these properties become valuable and the adjustments are made accordingly, those"behind the scenes"values will increase. The Green Acre and agricultural values increase at a much slower rate. There is an advantage to hold onto the Green Acres or agricultural properties. These properties still must meet the criteria for Green Acres or agricultural properties and must reapply every year for the program. Mr. Smith explained the criteria for participation in the Green Acres or agricultural program is set by the State. The owner must be able to document income of at least$300.00 plus $10.00 per tillable acre with a minimum of 10 acres. The City cannot impact the criteria, however, at some point the State will increase these minimums and tighten the criteria because it is becoming an issue of fairness. Since these two (2)tax class rates are significantly less than residential homestead rates. Council Member Lyden said he is of the opinion that property tax rate increases for Green Acres or agricultural properties forces people off of their land. He also noted the inability of the legislature to freeze property taxes for PAGE 2 CITY COUNCIL BOARD OF REVIEW APRIL 20, 1998 seniors. He asked if there is anything that the City or City Council can do to encourage the legislators to enact such legislation. Mr. Smith said the main focus should be to get the senior citizens involved. The lobby is not strong enough at the legislature to get the point across. It has been introduced every year for the past five (5) or six (6) years and does not have enough support to get out of the House. It also needs more media coverage. The larger issue is class rates and it appears that the legislature is dealing with and lowering each class rate each year. Then the next question becomes where will the governments dependent upon property taxes make up the loss of revenue which happens when class rates are reduced. There are a lot of issues that the public is not aware of. Mr. Smith explained he has received approximately 30 calls of which 25 were from Lino Lakes residents regarding their property values. Normally he receives about 80 calls. Tax rates have gone down and there are more credits available so people are reasonably happy about their taxes. Mr. Smith said he did not expect to see anybody at this hearing tonight. He did receive a letter from a property owner,Nick Gargaro of Northern Wholesale Supply, PIN. R24-31-22-43-0011, and read it into the record. Mr. Smith said he has talked to Mr. Gargaro on the telephone and he has decided to go to the County Board of Equalization. Mr. Smith noted there is a minimum assessment agreement on the property with the City of Lino Lakes. At this point the valuation is above the minimum, however, the agreement means that it is just a minimum valuation. The County has hired a new commercial appraiser, who has reviewed a lot of commercial properties in the City and found they were considerable undervalued according to the market. That is why commercial values have increased for 1999. No action is needed by the Council on the Northern Wholesale Supply appeal. After this Board of Review, Mr. Smith will send a list of all the property owners who have contacted him asking for a review of their property value. This list will show what happened, if any changes were made, if any errors were made and the adjustment. If anything happens at the County Board of Equalization,the City Council would be notified of these results. In the past,property owners have requested the City Assessor to enter their name on the agenda for the County Board of Review so that they can appear at that meeting. Last year a resident asked to appear at the County Board of Equalization. Mr. Smith worked with this property for two (2) weeks in preparation for her appearance and she did not come to the meeting. A lot of time was spent for nothing and to avoid another such incidence, the Assessor's office will follow the proper procedure. Mr. Smith presented the abstract for signatures of the City Council. He also noted that if any resident needs help with the property tax program,they should call him. Council Member Lyden moved to adjourn at 7:00 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting of the City Council on June 8, 1998. PAGE 3 CITY COUNCIL BOARD OF REVIEW APRIL 20, 1998 M yn G. Anderson, Clerk-Treasurer Kimberl . Sulliv Aayor PAGE 4 COUNTY OF ANOKA Office of the County Assessor Government Center 2100 3rd Avenue, Anoka, Minnesota 55303-2281 612-323-5475 Fax: 612-323-5421 April 24, 1998 TO: CITY OF LINO LAKES 1. The following information is provided for your files and delineates the outcome of the BOARD of REVIEW Proceedings of April 20, 1997. 2. The below individuals had their market value questions resolved before the local board of review met. PIN NAME VALUE ACTION TAKEN 01 31 22 32 0003 Bob Bump 130,500 No Change 02 31 22 44 0007 Chon Yang 96,400 No Change 04 31 22 21 0009 Potenital Buyer 125,400 No Change 04 31 22 33 0004 Lynn Boyer 67,500 No Change 04 31 22 33 0012 Ed Seekon 78, 600 Reduced to $76, 800 08 31 22 41 0031 Sandra Mattson 140,900 No Change 09 31 22 13 0002 Brad Racutt 262, 100 No Change 09 31 22 23 0019 Brian Rydlund 141,500 No Change 09 31 22 23 0020 Bob Pokorny 172,300 No Change 11 31 22 43 0007 Nancy Bowring 243, 500 No Change 11 31 22 43 0017 Nancy Tuomie 137, 300 No Change 17 31 22 24 0019 Joann Haubrick 162,400 No Change 18 31 22 21 0011 Regenscheid 272, 800 No Change 18 31 22 21 0016 Bart Rehbein 168,500 No Change 19 31 22 11 0026 Veer Kadhiresan 131,100 No Change 19 31 22 14 0031 Dean Kienholz 139,300 Reduced to $134,500 19 31 22 31 0021 Darson Wiege 153,500 No Change 22 31 22 41 0002 St Paul Public Works 127, 800 No Change 24 31 22 11 0003 Jim Bernier 123,100 No Change 29 31 22 41 0021 Rich Granger 93,500 No Change 29 31 22 41 0019 Roberta Kuik 272,800 No Change 31 31 22 42 0005 Sherrie Hatton 143,500 No Change 32 31 22 23 0022 Michael Norling 183,200 No Change 33 31 22 13 0004 Mark Payette 150,700 No Change 34 31 22 13 0003 Mark Pariseau 108,000 No Change 36 31 22 22 0011 Tim Turcotte 316, 800 No Change Commercial 24 31 22 43 0011 Nick Gargaro 3,027,400 No Change As of 4-24-98 these are all of the changes made. If I can be of further assistance, please feel free to call me at 323-5483. Sincerely, -7v(l`9 Todd Smith Appraiser Anoka County f\11bd98.doc Affirmative Action / Equal Opportunity Employer NORTHERN WHOLESALE SUPPLY 04/14/98 Local Board of Review City of Lino Lakes 1189 Main Street Lino Lakes,MN 55014 _ 'Dear Sirs: I would like to appeal the property valuation increase that was applied to PIN: R24 31 22 43 0011. It is my understanding that the valuation should reflect what the market value of building and property is. Should this not be equal to what some one would pay to purchase a property or building under reasonable conditions?You have put that figure at $3,027,400.00 even though the building was completed in January of last year at a cost of about$2,400,000.00 for both land and building. I can not understand how you can value this property 45%higher then the replacement cost. When the building was originally built I provided your office with the documentation for the actual building costs and it was agreed to value the building at its present amount. If I need to provide further information please do not hesitate to contact me. Sincerely. Nick Gargaro _-- 6800 Otter Lake Road • Lino Lakes, MN 55038-9466 (61 21 429-1 61 6•FAX,(6121 429-9757 TOTAL P.02 CITY OF CENTERVILLE 1998 ASSESSMENUPAYABLE 1999 Total Number of Taxable Parcels: 1,122 Total Number of Parcels including Exempt and Forfeit: 1,199 Total Taxable Market Value, 1998 Assessment: $101,116,100 New Construction, 1998 Assessment: $10,254,172 Parcels with New Construction: 255 = 21.3% of Total Total Taxable Market Value, 1997 Assessment: $84,741,200 Net Growth'97 to '98 Including New Construction: +19.3% Net Growth'97 to '98 Excluding New Construction: +7.2% Total Market Value Including Exempt and Forfeit, 1998 Assessment: $108,733,800 Total Market Value Including Exempt and Forfeit, 1997 Assessment: $91,181,200 1998 ASSESSMENT - SALES RATIOS jype # Sales Median Ratio Coefficient Residential Single Family 53 94.3% 5.2 Multiples (Duplex, etc.) 2 88.1% 1.3 n Patio Townhome 12 95.5% 4.9 Quad Homes 0 .0% .0 Apartments 0 .0% .0 Condominiums 0 .0% .0 CommerciaUIndustrial 1 108.8% .0 1998 ASSESSMENT - COMPARABLE SALES RATIOS (Residential Single Family) Municipality #Sales Median Ratio Coefficient County of Anoka 3,910 94.4% 5.2 Anoka 207 94.3% 6.2 Blaine 583 94.3% 4.3 Columbia Heights 208 94.3% 7.2 Coon Rapids 733 94.3% 4.7 Fridley 248 94.4% 6.2 Centerville 53 94.3% 5.2 Circle Pines 50 94.3% 4.3 Lexington 15 94.2% 3.6 Lino Lakes 296 94.4% 4.6 Spring Lake Park 82 94.2% 5.0 r1 07BOR'97 STATE OF MINNESOTA ) CERTIFICATE AS TO TAXES AND TAXABLE SS PROPERTY IN THE CITY OF LINO LAKES - COUNTY OF ANOKA ) (Herein called the "TAXING DISTRICT") I hereby certify that the TAXING DISTRICT is situated ENTIRELY in this County and that: 1.CURRENT VALUATION-The market value and net tax capacities of all taxable propery in the TAXING DISTRICT in this county as assessed in 1997 for the purpose of computing the rates of taxes collectable in 1998 are as follows: Estimated Net Market Value Tax Capacity Real Estate: Residential Homestead(Non-Ag) 553,568,700 7,669,759 (Class la& lb) Agricultural(Class 2 and 4b(3)) 14,251,500 157,954 Commercial& Industrial(Class 3,5(1), &5(3)[zoned Comm.,Ind., Publ. Util.]) Commercial&Industrial 27,806,700 964,738 Public Utility 192,300 7,692 Railroad operating Property 0 0 Non-Homestead Residential 20,688,400 444,762 (Class 4a,4b(1-2),4c(1-4)(7-8),4d&4e) Commercial&Residential Seasonal/Rec. 0 0 (Class I &4c(5-6)) Other 0 0 Total Real Estate 616,507,600 9,244,905 Total Personal Property 10,916,200 434,234 Total Real& Personal Property 627,423,800 9,679,139 If applicable to the TAXING DISTRICT Subtract: Captured tax capacity of tax increment district 555,542 10%of 200 KV transmission lines 0 Fiscal Disparity Contribution Value 358,998 Subtotal: Local Tax Rate Determination Value 8,764,599 Add: Fiscal Disparity Distribution Value 1,395,540 Total Adjusted Taxable Net Tax Capacity 10,160,139 CITY COUNCIL WORK SESSION APRIL 22, 1998 ^ CITY OF LINO LAKES MINUTES DATE April 22, 1998 TIME STARTED 5:30 P.M. TIME ENDED 9:30 P.M. MEMBERS PRESENT Bergeson,Dahl, Lyden,Neal, Sullivan MEMBERS ABSENT None City staff members present: City Engineer,Dave Ahrens; Parks and Recreation Director,Rick DeGardner; Planning Coordinator,Mary Kay Wyland; Community Development Coordinator,Mary Alice Divine; Assistant to the City Administrator, Dan Tesch and City Clerk-Treasurer Marilyn Anderson. DISCUSSION OF WENZEL FARMS TOWNHOMES PRIVATE STREET AND TRAIL EASEMENTS, RICK DEGARDNER Rick presented a memorandum dated April 20, 1998. The memorandum references a meeting that he and Dave Ahrens held with Shirley Patterson on April 16, 1998. Ms. Patterson is president of the Wenzel Farms Homeowners Association. At this meeting all issues regarding the trail easements were discussed. A solution to the concerns of both the Homeowners Association and the City was drafted. Ms. Patterson will take the memorandum to the April 27th Homeowners Association and ask for their approval. Chris asked that a policy be adopted that specifically states that the City will not approve any more private streets. Dave Ahrens noted that in this case the private street is just as much of a liability for the City as a public street because the trail easements cover the entire street. However, because the right-of-way does not meet City street standards, he strongly recommended that this street remain a private street. He also noted that if the City did made the street a public street, a precedence would be set. Ms. Patterson noted that snowplowing is the issue. At this time,the Homeowners Association does have regulations regarding snowplowing. If the street were to become a public street,the City would do the snowplowing and could not adhere to the Homeowners Association snowplowing regulations. Rick asked that the City Council approve the provisions detailed in his memorandum. Chris said that he would be in favor of the proposed solution, however, he asked that when Lake Drive is reconstructed,the trail be moved to the Lake Drive right-of-way. He asked the City Engineer to make Anoka County Highway Department aware of this concern. n Ms. Patterson asked that a sign be placed where pedestrians leave the trail and enter the private street so they know that the street is private. PAGE 1 CITY COUNCIL WORK SESSION APRIL 22, 1998 If the Homeowners Association approve the items outlined in the April 20th memorandum, the easements will be brought to the City Council for their approval. If the Homeowners Association does not approve the resolution, the City will not pursue additional trail easements. DISCUSSION WITH SCOTT GOYER,EXECUTIVE DIRECTOR OF ST. PAUL YMCA,TOWN CENTER YMCA,MARY ALICE DIVINE Mary Alice introduced Mr. Goyer. He explained that the YMCA (the Y)was founded in St. Paul in 1856. He gave a brief history of the Y and also briefly explained their purpose and programs. Mr. Goyer explained that the Y has been looking at the northern suburbs and has discussed just how far into the suburbs the Y should go. There appeared to be an interest in a Y for this area so a feasibility study was completed and a market study was commissioned. The next step will be an investigation to determine how much funding can be generated in this community, from the City, the school district and possibly Fairview Hospital. Mr. Goyer also noted that both the St. Paul and Minneapolis Y are working together to make this branch work. This has never been done before. Kim noted that a survey was completed with the 20/20 project and the citizens indicated that they wanted a community center, the full cost going to the citizens. The quality of life survey also indicated that citizens would approve some level of funding for this type of facility. It appears that a gathering place is needed sometime in the future. There was discussion regarding what programs would be offered in the Y and the fee structure for these programs. Chris said he felt a Y would be a terrific place but the Council had many obligations. He asked that a more creative way to pay for the facility be investigated. Chris also noted the water park in St. Louis Park and asked that Mary Alice, Brian Wessel and Mr. Goyer visit this facility. He felt that this facility was a real money maker and challenged Mr. Goyer to make space for such a facility. Chris noted some other obligations the Council has to address and asked what would happen if it took the City three (3)years to raise money for the City portion of the costs. Mr. Goyer noted that it took the City of Burnsville nine (9) years to get its funding. Kim felt that this City could not wait that long. This facility is needed to encourage commercial development in the Town Center. Mary Alice also said that the City cannot just say here are 75 acres, developers come and get it. The City has to offer some amenities to encourage development. Rick asked Mr. Goyer what would happen if the City offered just land and infrastructure. Mr. Goyer said that the Y would look for alternate sites and then do another market study. John noted that a capital campaign cannot go on forever. After the initial "big splash", not PAGE 2 c _ . CITY COUNCIL WORK SESSION APRIL 22, 1998 much happens. Mr. Goyer noted that the "me generation"expects to have what they want immediately. Kim summarized stating that if the City wishes to go forward with the Y, funding will have to be available within the next 18 to 24 months. Without significant funding from the City, the interest in a partnership will not continue. Mr. Goyer said that the Y will be more certain of the funding within the next 30 days. John expressed concern because the Y fee structure makes it a bit of an exclusive club and some people would not be able to use the facility. Mr. Goyer noted that there are programs available and some sliding fees are also available to these people. Caroline said she had mixed feelings about the Y. She noted that a new Y was just constructed in Brooklyn Center. Mr. Goyer explained that the Y received a very large gift for construction of the facility. Kim noted that this matter is not"under the gun"now. She felt it was important to let the Y know that the Council supports the Y and the citizens support the Y and the City is looking at additional bonding in 1999. The City will ask for consideration for investment, such as the inclusion of a senior facility. Chris said he wanted to see the Y in the Town Center. He asked for a commitment for a senior center. Mary Alice said that the senior center could be phased in. Kim asked how the Y would impact the current park programs. Rick said that the building will offer a place for more programs. The City cannot maintain a community center and the Y would offer a place to do something cooperatively or in partnership for more programming. Mr. Goyer said he felt this project would be very exciting. The partnership between the St. Paul Y and the Minneapolis Y would be breaking new ground. DISCUSSION OF MUSA FOR MOLIN CONCRETE, MARY KAY WYLAND Mary Kay explained that Molin Concrete has petitioned for sewer service for their facility. This property is not in the MUSA and cannot be connected until MUSA is made available to them. Chris said he could support MUSA for this property. DISCUSSION OF MUSA FOR THE DOUGLAS PROPERTY ON LILAC STREET, MARY KAY WYLAND Mary Kay explained that the septic system at the Douglas home has failed. Since sanitary sewer service is available,the Douglas' have petitioned for connection to the system. The Douglas property is not in the MUSA. Council approval is necessary to include the PAGE 3 ' - t CITY COUNCIL WORK SESSION APRIL 22, 1998 property in the MUSA. Chris said that he could support this request since a current resident is asking for the service. Kim asked staff to be very clear to take care of residents currently located along these new utility services. If an assessment search is requested, let the title search company know that although the services may be in the area,the property cannot be connected since it is not located in the MUSA. DISCUSSION OF LINO AIR PARK NORTH BUILDING PERMITS,DAVE AHRENS Dave explained that this matter is continued from the April 8, 1998 work session agenda. Since April 8th, Mr. Kolstad and the Lino Air Park Association have met and have come to an agreement to allow three (3) of the four(4)building permits to be issued. Dave noted that Mr. Kolstad's letter of credit expires July 1,1998 and he will be monitoring the situation and if it appears that Mr. Kolstad has not substantially completed all the work that he has agreed to do, he will start the process of taking the letter of credit and having the work completed. Mr. Schmelzer, a member of the Lino Air Park Association and Mr. Kolstad were present and explained that they have tried to come to some agreement so that they will not have to come back before Council again. Mr. Schmelzer noted that it is in the best interest of the Lino Air Park to allow some building permits to be issued so that Mr. Kolstad will have money to complete his work. Dave and the Lino Air Park Association will monitor Mr. Kolstad's work. Kim said that because of the City's responsibility with the use of escrow funds, no extension will be allowed related to completion of the work by the contractor. Kim asked about the provision in the agreement regarding the City providing fill dirt for Mr. Kolstad's project. Dave explained that there may be surplus dirt off of the Ware Road project and that fill could be used by Mr. Kolstad. There is no accountability or responsibility for the City related to the use of the surplus dirt. DISCUSSION OF EXCESS FUND BALANCE,DAN TESCH Dan explained that Mary Vaske had prepared a memorandum to the City Council regarding the excess General Fund balance. The department heads met and discussed options for use of the excess fund balance. The consensus of the group was to fund the following four(4) options: 1. Finance software and hardware replacement. 2. Purchase playground equipment for parks that are in dire need. 3. Transfer the dollars to the Street Reconstruction Fund. 4. Civic Center complex costs. PAGE 4 CITY COUNCIL WORK SESSION APRIL 22, 1998 Dan noted that excess fund balance is more than $300,000. Rick explained that there are five (5)parks which need funding at about$40,000 each. He also noted that if equipment for all four(4)parks was ordered at the same time,there would be a reduction from the supplier and residents would be asked to help erect the equipment. Kim noted that the computer equipment was already approved by the City Council. She also felt that some funding for park equipment was warranted. She also felt starting a road reconstruction fund was a good idea. This shows that the City has made a commitment and it is a good faith issue. However, she did not feel kindly to more civic complex funding. Kim also noted that there is funding needed for the Randy Schumacher issue. Rick said that if the Council only funds park benches and a place for residents to go, this would show that the Council is concerned about parks. John suggested that the Council agree to a percentage allocation. He agreed that the computer is a done deal, felt the street reconstruction issue was too large of an issue to consider at this time, and wanted to be sure that there was no other financial issue that the Council was not aware of. He said that the consensus of the Council seemed to be that they did not want to put anymore dollars into the civic complex. Andy said he was in favor of"sweat equity" for the parks. He noted that half of the benches in the City parks were made and donated by the Lions Club. They can still make and donate more benches. He felt the Council should not let go of the excess funds all at once. Caroline asked Rick to look at the playground constructed at a Moundsview Elementary School. The equipment was funded and constructed by the neighborhood. Kim said she did not think residents would be overjoyed to spend all of the fund balance on parks. She would like to see some going to a contingency fund because the City does not know what tax compression will do to taxes. John agreed to a contingency option. Chris said the Lino Lakes parks are shameful. He supported 60% going to parks, $70,000 for computers and the balance into a road reconstruction fund. The following percentages were approved: 30%computers 50%parks 10%road reconstruction 10% contingency fund r-t PAGE 5 CITY COUNCIL WORK SESSION APRIL 22, 1998 SAC CHARGES REFUND UPDATE,DAVE AHRENS Dave explained that Pete Kluegel is working with Lynn Francis in Finance to compile a list of property owners who have paid SAC. The work will be completed this week. A letter will be mailed to the residents with Kim's signature. UPDATE,ADMINISTRATION DEPARTMENT SECRETARY/DEPUTY CLERK WAGE,DAN TESCH Dan explained that Dave Pecchia has received a request and has responded to the request for reconsideration of salary for the Administration Department Secretary/Deputy Clerk. This matter will be revisited after the Hay Study is completed. Council will be discussing the Hay Study the first week in May. DISCUSSION OF POLICY FOR CONSTRUCTION CHANGE ORDERS, DAVE AHRENS Dave handed out a proposed Change Order Policy. Andy said he was not in favor of any change orders. Kim suggested that maybe someone is not careful enough. John said that the proposed policy identifies situations where exact figures are not available until the work is actually completed. He suggested that Dave come to Council only when the Change Order is a major change. Kim asked that Change Orders be charted to see if there is a problem with a consultant. Maybe enough care has not been taken when making estimates. John noted that there have been instances when a small project is added to another project. This should not reflect badly on the engineer. He also asked that the consulting engineers be monitored. DISCUSSION OF SHOREVIEW JOINT POWERS AGREEMENT, DAVE AHRENS Dave explained that the City approved a joint powers agreement with the City of Shoreview in 1987 which allowed homes in Lino Lakes to be connected to the Shoreview water and sewer facilities. A formula for funding the connections was outlined in the joint powers agreement. Lino Lakes has not paid the connections fees and it is estimated that the City owes Shoreview more than $250,000 in fees and more than$270,000 in penalties. Mary Vaske has recommended that these fees be paid to Shoreview in increments. There was discussion regarding why these fees were not paid and penalties allowed to accumulate. Marilyn explained that this matter was brought to the attention of the City Administrator by herself, previous consulting engineers and Mary Vaske. The previous City Administrator advised all staff to withhold payment until Shoreview billed the City. John asked why this liability was not included in the City audit. Marilyn explained that the City Administrator advised that it was not to be included in the audit. John felt that PAGE 6 CITY COUNCIL WORK SESSION APRIL 22, 1998 this was inappropriate and asked for more information on the matter. John and Andy stated that whoever withheld this information from the Council should be reprimanded. Dave Pecchia and Dave Ahrens will meet with the City of Shoreview on Friday and finalize the dollar amount to be paid to Shoreview. 21ST AVENUE UPDATE, DAVE AHRENS Dave met with Mr. Rehbein and Ms. Tschida and outlined the schedule for the reconstruction of 21 st Avenue south of Main Street to serve the new restaurant and fuel station. They were satisfied with the time schedule. The construction will include sewer and water service and a gravel road. Dave has prepared a joint powers agreement to be executed by the City of Centerville and the City of Lino Lakes for the reconstruction. He reviewed the provisions of the agreement. He noted that he will ask the City Attorney to review the agreement before submitting it to Centerville. Dave referred to the request from the City of Centerville to construct 21 st Avenue north of Main Street. The request would require that Lino Lakes obtain right-of-way from Richard Schreier. Dave has not talked to Mr. Schreier yet. Centerville has suggested that both the north and south segments of 21 st Avenue be constructed at the same time. There was discussion regarding the manner in which the City of Centerville addressed the request from the City of Lino Lakes for a joint powers agreement for the reconstruction of 21 st Avenue south of Main Street. Kim noted that she had talked with the mayor of Centerville and was told that they were uncomfortable about the way in which it was presented. Dave explained that he had made the first presentation to the City of Centerville and when it appeared that there would be some delay, Brian visited with their Council. Kim asked that the next time the issue is discussed with the Centerville Council, a Lino Lakes Council Member will be there. Kim asked that Dave Pecchia contact the Centerville City Administrator and determine exactly what is happening. REGULAR AGENDA Mary Alice explained Item No. 3 on the regular agenda. The City has already approved the issuance of the bonds and the City has no obligation or liability for these bonds. Dan asked why there is a Series A and a Series B bond. Mary Alice explained that Molin Concrete could not get the entire funding from the State. Mary Kay explained that the funds will pay for the expansion of facilities at Molin. Mary Kay addressed Item No. 4C noting that a garage will be moved onto the property. 110*1*1 PAGE 7 CITY COUNCIL WORK SESSION APRIL 22, 1998 Mary Kay addressed item No. 4D noting that nine (9)billboard signs have been requested to be posted along 35E. The request meets all requirements of the Sign Ordinance and they were approved by the Planning and Zoning Board. However, the approval of the Minnesota Department of Transportation is also required and it appears that they may get that approval. Dan addressed 5A and 5B. Kim asked that Maurine Davidson be at the Council meeting. Dan addressed 7A and 7B. Kim asked if Community Service Awards will be considered this year. She asked that staff research this issue. She also asked staff and Council to make recommendations regarding deserving citizens. Dave addressed 6A. Bids have been received for Ware Road and he is ready to recommend awarding the construction contract. He has met with the contractor and all easements are in place. Dave addressed 6B. Bids have been received for Lakes Addition Street Reconstruction. The matter of relocating the lift station has been"set on the back burner"for now. He will revisit this matter in the fall. All piping required for the new lift station will be placed during the street reconstruction. The meeting was adjourned at 9:30 p.m. These minutes were considered, corrected and approved at a regular meeting of the City Council on May 11, 1998. Marilyn G. Anderson, Clerk-Treasurer Ki er A. llivan, Mayor PAGE 8 MINUTES MAY 20, 1998 LINO LAKES CITY COUNCIL WORK SESSION MONDAY, May 20, 1998 5 : 50 p.m. Council Members Present: Mayor Sullivan, Council Members Bergeson, Dahl, Neal, Lyden Council Members Absent: None Staff Members Present: Police Chief/Interim City Administrator, Dave Pecchia; Assistant City Administrator, Dan Tesch; City Engineer, Dave Ahrens, Community Development Director, Brian Wessel; Finance Director, Mary Vaske; Parks and Recreation Director, Rick DeGardner; City Forester, Marty Asleson; Building Official, Pete. Kluegel; Mary Kay Wyland; . . City Clerk, Marilyn Anderson; and Police Office Manager, Renee Kaulfuss . The purpose of the meeting was to summarize the events that evolved as it related to the tornado/storm cleanup. To update the Council on the Shoreview Joint Powers Agreement, the Excess Fund Balance, the Severance Agreement with Randy Schumacher and the ongoing process in recruitment of. a City Administrator. OVERVIEW AND UPDATE ON THE FRIDAY, MAY 15, 1998 TORNADO Dave Pecchia provided a handout to the Council members summarizing the events on a daily basis that took place within each department of the City and the financial impact to the City as it related to the tornado/storm disaster. Dave Pecchia prepared an Emergency Proclamation and asked for additional funding in the amount of $75 , 000 to cover the additional cost of cleanup through the week of June 8 , 1998 . This would bring the total dollars for storm damage cleanup to $175 , 000 . Lyden requested that staff bring back to the Council a summary of what went well, what could have gone better and what if anything the staff would do differently. Pecchia explained that a debriefing would be scheduled in the near future with all key employees . It was suggested that one council member attend this debriefing. Dave Ahrens stated cleanup is approximately 75% completed. There will be an ad in the Quad Press next week informing residents that the final pickup of debris will be the week of June 8th. Anoka County is picking up the trees/branches along the County n Roads within the city. PAGE 1 MINUTES MAY 20, 1998 As of this date, there are six homes without power. Three homes located on Lakeview and three scattered throughout the city. The private contractor donated over $14 , 000 in overtime to the City for cleanup . Public Works staff will be returning to their regular shift . There will be no overtime hours incurred this weekend. Rick DeGardner briefly outlined his information which was located on the last page of the handout packet . The majority of the losses within the City parks will not be covered by insurance . Fencing ballfields is a priority and is included in the request for the additional $75 , 000 in funding. A question arose why the League of Minnesota Cities does not insure fencing and Mary Vaske stated it could be a covered loss for an additional 25o increase in premium. Rick stated the City of Shoreview is conducting a "Volunteer Resource day, and would like to organize the same for our city. The Salvation Army would provide assistance . The City would be the central phone system taking calls from people/organizations willing to donate their time to assist residents with cleanup. The Salvation Army would provide T- shirts, gloves and the canteen for refreshments to the volunteers . The City would be responsible to coordinate all other functions for the event . We would advise volunteers to bring their own shovels, hoes , etc . , We would need press coverage and the deadline for the Quad is tomorrow if we schedule Volunteer Resource day for May 30th. Residents requesting the assistance would need to be advised that they would be responsible/liable if a volunteer would get hurt on their property. Rick was instructed to research with Bill Hawkins/City Attorney prior to proceeding with this event . Pete Kluegel stated his department continues to field calls with the majority of questions relating to roofing issues . His department has designed a letter to address most questions and he will be including the letter with the Building Permit packet . Lyden requested that it be put on record that the City should not have the people pay for the Tornado of 98 , that it is an insult to injury. It was noted that there is insurance coverage to include the cost of building permits . It was further noted that the trash haulers have agreed to pickup the additional debris from homeowners during their weekly pickup for no additional cost to the homeowners . Council was asked to give formal recognition to the Trash Haulers for this courtesy. It was noted that a dumpster is needed at Marshan Lane . The dumpsters have not been removed promptly from the Sunrise Park area and are overflowing. It was suggested to add the dumpster location information to the City ad. PAGE 2 �— n MINUTES MAY 20, 1998 It was noted that approximately one third of the damaged homes will need a building permit . Discussion followed and it was agreed that the City does not want to compromise safety, however, a building permit will be required for improvements with a dollar value greater than $500 . 00 . Staff is to keep a separate account of building permits requested due to storm damage of May 15, 1998 . Mary Vaske outlined the costs to date incurred to the City from the storm damage, and asked the Council whether they would like to reconsider the allocation of funds from the excess fund balance . Discussion followed and it was agreed to allocate the excess fund balance dollars as previously recommended. Vaske further explained that a 1991 Resolution states that the City will annually set aside a 15% contingency fund. There is currently a balance of $729 , 000 in this contingency fund, and the Council could consider using these dollars for storm damage - expenditures . The Charter states that a budget expenditure amendment cannot be adopted without offsetting revenues . This dollar amount cannot be increased unless there are revenues to increase it with. Discussion followed and the .Council concurred to use dollars from the contingency fund. to pay for expenses incurred. The City will set up a separate department, possibly calling it the "Storm Department" and allocate funds accordingly. Dan Tesch spoke on volunteer recognition. Tesch will need a accurate list of all volunteers from each department head. A personalized thank you letter will be given to each volunteer and could be read or given out at a Council meeting. He requested that all department heads provide him with a list of names by .Friday. Ray VanDeveer our State Representative is going to request assistance at the State level . Fire Chief Milo Bennett gave him a tour of the damaged area. It was noted that people who have called and offered services, gifts, clothing, food . items and such to storm victims are not to be ignored. If their offering is not needed, staff needs to thank them. Currently a family is in need of bicycles and rollerblades . Shoreview Joint Powers Agreement It was noted that this is a regular agenda item, see packet 9C, green sheet and resolution are included. Staff was directed to research whether the City could be reimbursed through the Errors and Omissions Insurance coverage . Randy Schumacher Severance Agreement Mary Vaske stated there remains two open issues . The Insurance Carrier for the long term disability coverage stated that any benefit that would result from this coverage would be based on salary and Mr. Schumacher is no longer being paid a salary. If he would submit a claim for payment , the company would not pay a benefit . PAGE 3 MINUTES MAY 20, 1998 Council directed Vaske to consult with the City Attorney and have the City Attorney put in writing his findings and recommendation. The second open issue was that Vaske requested that the Mayor and City Clerk sign the check personally. Mayor Sullivan stated if the timing was right, she would sign the check. Mayor Sullivan directed Vaske to confirm with the City Attorney that all obligations have been met and would like the confirmation in writing. Mayor Sullivan noted that she pulled the government training dispersement from the consent agenda last meeting as it was for administrator training and it was not covered in the agreement . Mayor Sullivan directed staff to put it back on the consent agenda for the next meeting. PDI UPDATE There is currently sixty four candidates for the City Administrator position. PDI will narrow it down to twenty three candidates . Mr. Brull will meet with the City Council on June 3 prior to the work session to review the questions for the panel and to review what type of questions can be asked of the candidates . The interviews are scheduled for June 15 and he anticipates there will be six to seven finalists . There will be a four person panel interview. It was suggested that all interviews take place at Wargo Nature Center . The day should include lunch and a tour. Panel members will have resumes to review. It was suggested to have a mixed panel possibly a department head/line employees, a council member, and commission/committee members . From the interview process, the top three candidates would advance to the testing process including a background. A second interview could be conducted. Mr. Brull will need the rating scale . If a medical and psychological test is required, the City could make a contingent job offer upon successful completion of the medical and psychological tests . At that point , the negotiation process could take place . Staff Attendance at Council Meetings and Work Sessions The Council members would like to have staff attend the meetings as their schedules accommodate . Mayor Sullivan reminded staff that a normal work week for salary employees is forty eight hours . Discussion followed and it was agreed to conduct a test and require staff attend meetings throughout the month of June . It will be noted how many times staff is requested to answer questions during the meetings held in the month of June . It will be revisited in July. PAGE 4 MINUTES MAY 20, 1998 Regular Council Meeting Agenda Items Mary Kay Wyland discussed the agenda item 5B (2) , Linda Avenue . Two residents were in attendance at the work session, Connie Grundhofer of 235 Linda Avenue and Judie Bruner of 270 Linda Ave . The P & Z had recommended approval of a rezone from Rural to R-1X and allocation of Interim MUSA Reserve for the Collova Addition. The original request before the P & Z was for R-1 Zoning . The preliminary plat is being revised to meet the R-1X requirements and was tabled by the P & Z until June 10th. Discussion followed and comments included the neighborhoods contention that the R-1X zoning does not fit with the existing neighborhood and concerns regarding drainage, wetland and soil issues . It was noted that two existing homes on Linda Avenue have experienced septic system failure and have connected to the City sewer even though they are zoned rural and outside the MUSA. Wyland explained that any resident on Linda Avenue, in this location, who experienced septic failure would be required to connect to City sewer rather than replace their septic system. Residents expressed concern that should they be rezoned and receive MUSA designation they would experience a, tax increase . Mayor Sullivan suggested the residents contact Todd _.Smith, the County Assessor, and ask him if MUSA designation would increase their tax rate . Council Member Lyde.n was not in favor ,of the rezone or the. MUSA expansion request and expressed his wish to see the matter denied. After further discussion the Council determined that they would table the request until they have an opportunity to review the revised preliminary plat . -Staff was asked to review process deadline. Other Issues Council Member Neal recommended that the City Council reimburse the Interim City Administrator for dollars lost due to cancelled vacation. Council members agreed to reimburse him for his loss and to turn in his receipt to finance . Dave Pecchia expressed once again the great job performance of the Public Works crew during the storm/tornado . Mayor Sullivan requested staff to research the legal process as it relates to closed meetings and minutes . She requested that staff obtain a letter in writing from the City Attorney of the findings . In addition, Mayor Sullivan requested staff to include a copy of all meeting notices and attachments related to the meetings with the minutes . She would like this letter for the Tuesday meeting of May 26 , 1998 . Budget time for 1999 begins on June 8 as department heads will be handed their forms . ,,..y PAGE 5 MINUTES MAY 20, 1998 Code of Conduct , there is a list of items to check in the within the next thirty days . The ordinance does address some of the issues . Councilmember Bergeson would like to discuss an item at the end of the meeting. ADJOURNMENT: Meeting adjourned at 9 : 19 pm. Transcribed by Renee Kaulfuss, Lino Lakes Police Department These minutes were considered, corrected and approved at a regular meeting of the City Council on June 8 , 1998,/_ 1 i 1 � Marilyn G. Anderson, Clerk-Treasurer Ki erl Sullivan, Mayor PAGE 6 COUNCIL MINUTES April 27, 1998 CITY OF LINO LAKES MINUTES DATE : April 27, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 7:35 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, and Neal MEMBERS ABSENT: : Mayor Sullivan Due to Mayor Sullivan's absence, Council Member Lyden chaired the meeting as Acting Mayor. Staff members present: Interim City Administrator, David Pecchia; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Environmental and Forestry Coordinator, Marty Asleson; Community Development Coordinator, Mary Alice Divine; and City Clerk, Marilyn Anderson. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: March 30, 1998 Approved April 13, 1998 Approved DISBURSEMENTS: April 27, 1998 (Checks No. 50546 - 50642, $180,253.02) Approved Centennial Fire District (April 22, 1998) Approved Acting Mayor Lyden reminded those present of the guidelines for audience participation .1 in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE N , COUNCIL MINUTES April 27, 1998 No one appeared under open mike. PUBLIC HEARING CONSIDERATION OF A PROPOSAL FOR THE CITY OF LINO LAKES TO ISSUE VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, BRIAN WESSEL Mr. Wessel stated that Mary Alice Divine,Community Development Coordinator, would answer any questions regarding this issue. Acting Mayor Lyden opened the public hearing at 6:35 p.m. Ms. Divine explained that there had been a change of plans. The public hearing was for the project itself and she would return at a later date with Resolution No. 98 - 56, when all the financing for the bonds was in order. Council Member Bergeson asked if there was any reason to continue the public hearing. Ms. Divine indicated that by law the City was obligated to hold the public hearing and there was no reason to hold it open. Council Member Bergeson moved to close the public hearing at 6:45 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Consideration of Resolution No. 98 - 61,MUSA Designation for Molin Concrete (4/5th vote) - Ms. Wyland explained that Molin Concrete is requesting MUSA designation to allow their facility to be connected to the City sewer which will soon be installed in front of their facility on Lilac Street (the project has been ordered by the City Council). The Planning and Zoning Board recently approved an amended Conditional Use Permit and Site Plan Review for Molin Concrete to allow expansion of the use. The property consists of 54 acres and is zoned General Industrial and Light Industrial and indicated as Industrial on the current and proposed land use plans. The property directly south of Lilac Street is also zoned General Industrial but is located within the MUSA boundary. These properties have requested the extension of sewer and water down Lilac to serve their businesses. Molin Concrete is also interested in the utilities, especially in light of their expansion efforts. Ms. Wyland explained that she believes the Molin site would have been added to the MUSA upon completion of the City's overall Comprehensive Plan, however, that does not coincide with Molin's construction schedule. Ms. Wyland continued stating that Staff has discussed the Comprehensive Plan Amendment with the Metropolitan Council and have been advised that they would look 2 COUNCIL MINUTES April 27, 1998 favorably upon the request. Staff believes this additional MUSA designation would come directly from the Metropolitan Council and not be taken from the existing Interim MUSA Reserve. It appears as if it would be in the best interest of both the applicant and the City to have this facility connected to City utilities, therefore, Staff is recommending approval of the Comprehensive Plan Amendment. Ms. Wyland advised that the Planning and Zoning Board held a public hearing on April 8, 1998, to review this item and recommended approval. Council Member Bergeson asked if the 54 acres was all one parcel. Ms. Wyland stated that it would be connected to the two parcels that Molin uses, and would be based on allocation of use. Council Member Bergeson moved to adopt Resolution No. 98 - 61, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution 98 - 61 can be found at the end of these minutes. Consideration of Resolution No. 98 - 62, MUSA Designation for James and Tracy Douglas (4/5th vote) - Ms. Wyland explained that Mr. and Mrs. Douglas own approximately seven(7) acres on the north side of Lilac Street,just west of the proposed Apollo Drive extension. Their current septic system is failing and City sewer is in front of their property at Lilac and Apollo Drive. The Douglas' would like to connect their existing home to City sewer. Ms. Wyland continued stating that the property is currently zoned Rural and is outside the MUSA boundary. The site is indicated as single family residential on the City's current Land Use Plan. The proposed Land Use Plan for the area indicated this site as General Commercial and Light Industrial. Construction of a new on-site system in this location when City sewer is available does not seem reasonable. Ms. Wyland indicated that Staff has reviewed this request and would recommend the addition of this area to the MUSA to facilitate the connection of the existing single family home. Staff has discussed the proposed MUSA Amendment with the Metropolitan Council and have been encouraged to proceed with the Amendment on an emergency basis. This Amendment would serve only the existing homestead. Ms. Wyland advised that the Planning and Zoning Board held a public hearing on April 81, 1998, and recommended approval of this request. n Council Member Bergeson moved to adopt Resolution No. 98 - 62. Council Member Neal seconded the motion. Motion carried unanimously. 3 COUNCIL MINUTES April 27, 1998 Resolution No. 98 - 62 can be found at the end of these minutes. Site Plan Review, Rice Lake Convenant Church, 125 Ash Street- Ms. Wyland explained that Rice Creek Covenant Church is located at 125 Ash Street(County Road J), just west of Woodridge Drive. The Church has purchased a garage from the old Arsenal site in Arden Hills and would like to move it on to their property for storage purposes. The garage would be located just north of the existing building, within the setback requirements of the Zoning District. The Church property is Zoned R-1 X Single Family Executive, and churches are allowed by Conditional Use Permit. According to the Zoning Ordinance, the proposed garage would be considered a permitted accessory use, "incidental and customary to the uses permitted...", and the moving in of a building would require a Site Plan Review. The subject property is indicated as Single Family Residential on the current and proposed Land Use Map. Ms. Wyland stated that she and the Building Official have inspected the garage to be relocated at the Church site and found it to be structurally sound and in good repair. The building is a 20 x 20 two (2) door garage with side windows and 8" masonite siding. The intention is to paint the building to match the existing Church. Staff recommends approval with the following conditions: 1. Proper building permits are obtained and the structure is located according to UBC Standards. 2. The building be painted to match the existing Church structure. 3. The building be secured as recommended by the CPTED Officer. 4. The general drainage plan for the site be maintained and subject to the review of the City Engineer. Ms. Wyland advised that the Planning and Zoning Board reviewed this item at their April 8, 1998, meeting and recommended approval with the conditions listed above. Council Member Neal asked if the garage would be put on a foundation. Ms. Wyland explained that a building permit and building inspections will be required. Therefore, it would be put on a foundation and all other criteria required for a building permit would be required. Council Member Bergeson moved to approve the Rice Creek Covenant Church, 125 Ash Street, Site Plan Review as presented. Council Member Neal seconded the motion. Motion carried unanimously. 4 COUNCIL MINUTES April 27, 1998 Interim Use Permit to Allow Nine (9) Advertising Signs on the West Side of I-35E Between Main Street and 80th Street -Ms. Wyland stated that Universal Outdoor, Inc. is requesting approval of nine (9) Interim Use Permits for off-premise advertising signs (billboards)along I-35E. The area in question is zoned R-BR, Rural Business Reserve, which allows advertising signs by Interim Use Permit. Ms. Wyland said that the applicant has submitted signed land leases with the property owners, site plans, site location map, and detailed construction drawings for the proposed signs. Ms. Wyland explained that advertising signs are allowed as interim uses within the R-BR Zoning District. Staff review reveals that Universal Outdoor Inc. has substantially complied with the City regulations governing advertising signage. Based on this review, Staff is recommending the nine (9) interim use permits for advertising signage be approved with the following conditions: 1. Applicant identify the homes nearest to the proposed sign sites and demonstrate compliance with the 750 foot setback. 2. Applicant demonstrates that sign No. I meets the 1,200 foot setback requirements from the adjoining GB District. 3. A separate Interim Use Permit for each affected property be required. The permit shall state that the signs shall be removed if the site is rezoned or redeveloped to add another principal use. Sign removal shall be the responsibility of the property owner and the applicant. Both the property owner and the applicant shall sign the approved Interim Use Permit. 4. In light of the anticipated land use planning along I-35E, staff is asking the applicant to reconsider the location and construction of Signs 1 and 2. 5. Sign construction plans be subject to review and approval of the City Building Official. 6. Applicant provide the City with copies of approved off-premise Advertising Device Permits from MnDOT. Ms. Wvland advised that the Planning and Zoning Board held a public hearing to review this request and recommended approval with the conditions outlined above. She also noted that the applicant was present if the Council had any questions. Council Member Neal asked what the lease period would be for the signs. Ms. Wyland n said that there is not a specified lease time. The City will require Universal to take down the signs when the area is rezoned or when development occurs. She explained that the signs must be removed within sixty days of notification from the City. 5 COUNCIL MINUTES April 27, 1998 Acting Mayor Lyden stated that the zoning could be changed as early as the end of this year. Ms. Wyland indicated that there would be no changes in the zoning for quite some time. Chris McCarver, a representative from Universal, Inc., came forward to ask Council for approval, stating that they had complied with a number of requirements that were in addition to the established Ordinance. He also verified that they would remove the signs within 60 days upon notification from the City. Council Member Neal asked if the 60 day specification was in the contract. Ms. Wyland indicated that it was. Council Member Dahl asked when the permits would expire. Ms. Wyland stated that the permits would be good until the City made a change in the zoning or development. Council Member Neal asked how often the rent for the property is paid. Ms. Wyland explained that the issue of rent was determined by the property owner and the sign company, noting the signs could be there from one to 10 years. Mr. McCarver stated that leases are renewed annually. Council Member Bergeson asked how long is the contract. Mr. McCarver stated that typically leases are for a 15 year period. Council Member Bergeson said that it was very likely that rezoning or development would occur in the fifteen year period, which would require removal of the signs. Mr. McCarver stated that Ms. Wyland had informed the company of that and they are completely prepared to remove the signs as soon as that does occur. Mr. Hawkins indicated there were no legal issues to address in regard to the removal of the signs before the fifteen year lease expired. Council Member Dahl asked how often the signs would be changed and what their maintenance policy was. Mr. McCarver explained that the signs were made out of vinyl, which is more durable than paper. He also stated that using vinyl added a safety benefit that paper did not. The signs could be changed anywhere from two months to a year, depending of the rength of the contract. Council Member Dahl emphasized the need to keep the signs neat and attractive. Ms. Wyland explained that a maintenance policy had been determined and was outlined in the contract with the City. 6 COUNCIL MINUTES April 27, 1998 Council Member Neal moved to approve the Interim Use Permit, to allow nine (9) Advertising Signs on the West Side of I-35E, between Main Street and 80th Street. Council Member Dahl seconded the motion. Motion carried unanimously. Mr. McCarver explained that the next step was to get a permit from MnDOT. When that was completed, he would return to the City to obtain the Interim Use Permits. Comprehensive Plan Update - Mr. Wessel informed the Council the next meeting would be Thursday, May 21, 1998, at 6:00 p.m., in the work session format. The meeting would involve the summarization of the neighborhoods and districts which will be forwarded to the Council this fall. ENVIRONMENTAL AND FORESTRY DEPARTMENT, MARTY ASLESON Consideration of the SECOND READING of Ordinance No. 03 - 98, Amendment to Chapter 200, Subdivision 211 of the City Code, Parks, Recreation and Environmental Commission - Mr. Asleson explained that on March 27, 1998, the City Council approved the FIRST READING of this Ordinance Amendment. The Ordinance Amendment removed the duties now assigned to the Environmental Board. Mr. Asleson stated that there have been no changes, additions, or corrections to the Ordinance since the FIRST READING. Mr. Asleson asked the Council to approve a motion adopting the SECOND READING of Ordinance No. 03 - 98. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 03 - 98, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 03 - 98 can be found at the end of these minutes. Consideration of the SECOND READING of Ordinance No. 04 - 98, Creation of the Environmental Board, Chapter 22, Subdivision 217 - Mr. Asleson explained that on March 27, 1998, the City Council approved the FIRST READING of this Ordinance creating the Environmental Board. There have been no changes, additions, or corrections to the Ordinance since the FIRST READING. Mr. Asleson asked the Council to approve a motion adopting the SECOND READING of Ordinance No. 04 - 98. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 04 - 98, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Ordinance No. 04 - 98 can be found at the end of these minutes. 7 COUNCIL MINUTES April 27, 1998 Consideration of Arbor Day Proclamation - Mr. Asleson explained that Arbor Day is traditionally set aside for the last Friday of April. The City has for the last several years worked cooperatively with Lino Lakes Elementary in hosting an official Arbor Day Celebration. This year the celebration will be at Lino Lakes Elementary on Friday, May 8, 1998. The Proclamation establishes this date as Arbor Day Lino Lakes, and recognizes the official day one week earlier. Mr. Asleson asked the Council to establish Friday, May 8, 1998, as Lino Lakes Arbor Day. Council Member Neal moved to approve the Arbor Day Proclamation, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. City of Lino Lakes Arbor Day Proclamation, 1998, can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 55, Award Bids, Ware Road Reconstruction Project -Mr. Ahrens explained that sealed bids were received and opened on Tuesday, April 7, 1998, for the Ware Road Street and Utility construction project. City Council action is required to award the construction contract. Mr. Ahrens stated that the City Council ordered the improvement for the Ware Road Street and Utility construction project at the February 23, 1998, Council meeting. On April 7, 1998, five sealed bids were received and opened with the following results: S. R. Weidema, Inc. $1,420,498.13 Richard Knutson $1,447,107.84 Arnt Construction $1,471,754.55 Barbarossa & Sons $1,511,672.64 Northdale Construction $1,511,933.56 Engineer's Estimate $1,485,390.70 Mr. Ahrens noted the bid by S. R. Weidema, Inc. is approximately 5% below the engineer's estimate. He stated that the construction costs for this project will be paid by sanitary sewer, water and storm sewer utility funds, MSA funds and a special assessment to Miller's South Glen. The proposed schedule for the project is as follows: Council Authorizes Ad for Bids February 23, 1998 Bid Opening April 3, 1998 Council Accepts Bids April 13, 1998 Council Awards Bid April 27, 1998 Construction Begins May 15, 1998 8 1 COUNCIL MINUTES April 27, 1998 Substantial Completion September 30, 1998 Wear Course and Striping October 15, 1998 Staff recommended that Resolution No. 98 - 55 be adopted. Council Member Bergeson asked if the project extended all the way to Ash Street. Mr. Ahrens indicated that it did. Acting Mayor Lyden asked if the project included a trail. Mr. Ahrens said that it did and the project was consistent with the timetable for the trail construction. Council Member Bergeson moved to adopt Resolution No. 98 - 55, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 55 can be found at the end of these minutes. Consideration of Resolution No. 98 - 57, Accept Bids and Award Construction Contract, Lakes Addition Street Reconstruction Project - Mr. Ahrens stated that sealed bids were received and opened on Tuesday, April 21, 1998, for the Lakes Addition, Street Reconstruction project. City Council action is required to award a construction contract to the lowest responsible bidder. Council approved the plans and specifications for this project on March 23, 1998. On April 21, 1998, four (4) sealed bids were received and opened with the following results: Arm Construction Co., Inc. $1,492.683.42 Dresel Contracting Inc. $1,787.810.00 Forest Lake Contracting $1,972,976.20 S. R. Weidema, Inc. $2,023,012.60 SEH (Engineer's Estimate) $1,702,653.00 The bids were tabulated and no errors were found. The four (4) bids submitted represent a competitive bidding environment that typically exists at this time of year. The low bid by Arnt Construction, Inc., was withdrawn due to an error. The second low bid by Dresel Contracting Include, is approximately 5 percent above the latest Engineer's Estimate. Mr. Ahrens stated that the City's Consulting Engineer, Short Elliott Hendrickson Inc. (SEH), recommended the award of the construction contract to Dresel Contracting Inc. Council Member Bergeson moved to adopt Resolution No. 98 - 57, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 57 can be found at the end of these minutes. 9 4 COUNCIL MINUTES April 27, 1998 Consideration of Resolution No. 98 - 58, Accept Bids and Award Construction Contract, Lilac Street Trunk Utility Project- Mr. Ahrens stated that this project involves the extension of trunk sanitary sewer and watermain improvements to serve Behm's Century Farms 4th, 5th, and 6th Additions. The project has been separated into phases such that the trunk utility improvements can be more closely coordinated with the residential subdivision development. The first phase of the project is located on the north side of Lilac Street from Appaloosa Lane to Mustang Lane (Laurie Lane); and on Mustang Lane (Laurie Avenue), from Lilac Street to 1,100 feet north of Lilac Street. Mr. Ahrens indicated that on March 23, 1998, the City Council approved the plans and specifications and ordered the advertisement for bids. Thirteen (13) contractors submitted bids for the project. The bids were opened on April 22, 1998, at City Hall, at 10:00 a.m. All the bids received were below the Engineer's estimate, with S. R. Weidema, Inc. having the lowest bid. The Engineer's estimate reflected an expectation that the contract prices would rise due to the limited working space on Lilac Street and the construction time frame of about one month. The following bids were received on March 17, 1998: S. R. Weidema, Inc. $232,768.70 C. W. Houle, Inc. $244,996.00 Dave Perkins Contracting, Inc. $250,017.00 Northdale Construction Company $250,903.17 Kober Excavating, Inc. $264,323.56 Ryan Contracting, Inc. $276,337.40 Barbarossa& Sons, Inc. $277,914.20 Richard Knutson, Inc. $282,068.25 Brown& Chris, Inc. $284,846.45 Bonine Excavating, Inc. $286,474.45 Widmer, Inc. $287,554.34 Volk Sewer& Water, Inc. $304,228.77 Arcon Construction Co. $342,240.26 Engineer's Estimate of Probable Construction Cost $348,523.20 Staff recommended that a contract be awarded to the low bidder, S. R. Weidema, Inc. Council Member Neal questioned the bid from S. R. Weidema, Inc., stating that they were approximately $16,000 lower than the Engineer's estimate. The company could add a change order for that amount and they would lose that money. Mr. Ahrens explained that they look at each change order individually and he highly doubted a change order would be added for such a high amount. 10 COUNCIL MINUTES April 27, 1998 Council Member Neal stated that a very large change order was added to a project several weeks ago. He asked if Council could approve this resolution with the condition of no change orders. Mr. Ahrens indicated that change orders were something the City had to contend with. Acting Mayor Lyden stated that Mr. Ahrens had spoken to the contractors about keeping change orders to a minimum. Mr. Ahrens explained that the Engineer's estimate was just an estimate. The important aspect regarding the bids is the fact that all of them are fairly close. He believed it was more of a problem when the bids contained a large range of estimates. Council Member Bergeson moved to adopt Resolution No. 98 - 58, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 58 can be found at the end of these minutes. Consideration of Resolution No. 98 - 59, Approve Plans and Specifications and Order Advertisement for Bids, 1998 Sealcoat Project - Mr. Ahrens stated that each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface. Candidate streets include new streets that n received the wear course 2-3 years ago and all other streets are done on a 5-7 year cycle. This year, approximately 7 miles of streets will be sealcoated at an estimated cost of $75,000. The 1998 budget includes $58,850 for sealcoating. It is proposed to fund the difference between the budget amount and the final bid amount from the City's Sealcoat fund that has a balance of approximately $300,000. City Staff prepared the plans and specifications for this work and are requesting Council approval to advertise for bids. Council Member Bergeson asked who estimated the cost at $75,000. Mr. Ahrens stated that he estimated the expense of the sealcoating. Council Member Neal moved to adopt Resolution No. 98 - 59, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 59 can be found at the end of these minutes. Consideration of Resolution No. 98 - 60, Approve Plans and Specifications and Order Advertisement for Bids, West Shadow Lake Drive Culvert Replacement Project - Mr. Ahrens stated that the City is proposing the replacement of the culvert under West Shadow Lake Drive. Council action is required to order the advertisement to Aoftll receive bids. ll .t . COUNCIL MINUTES April 27, 1998 Mr. Ahrens explained the existing corrugated metal culvert under West Shadow Lake Drive is deteriorating and causing problems with the road surface. The City has made several repairs of the road surface. A decision was made to replace the culvert with a concrete arch pipe. The West Shadow Lake Drive culvert replacement project is scheduled as follows: Advertise to Receive Bids April 28, 1998 Receive Bids May 20, 1998 Award Contract May 26, 1998 Preconstruction Meeting June 1, 1998 Construction Begins June 3, 1998 Estimated Construction Completion June 30, 1998 Mr. Ahrens added that the City will pay for the project using Surface Water Management Funds. Staff recommends that Resolution No. 98 - 60 be adopted. Mr. Ahrens noted that the City would be giving advance notice to every resident in the affected area about the project. Council Member Neal stated that the area of the repairs could be very dangerous at night. �.. Mr. Ahrens indicated flashers would warn people. Council Member Neal asked about the possibility of rain interrupting the repairs. Mr. Ahrens indicated they hoped to have the street opened up for public use by 6:00 p.m. the same day. Council Member Bergeson asked for an estimate on the cost of the project. Mr. Ahrens guessed the repairs to cost approximately $25,000 - $50,000. Acting Mayor Lyden asked how Staff would make the public aware of the construction. Mr. Ahrens stated the public would be informed on two (2) separate occasions. The first being right after the construction meeting with the contractor. The second notice would be a couple days before construction started. Council Member Bergeson asked how the project would affect the school buses, as they use the street as a turnaround. Mr. Ahrens explained they have not yet addressed that issue. It is possible the construction will not start until after the school year is completed. Council Member Neal moved to adopt Resolution No. 98 - 60, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 60 can be found at the end of these minutes. 12 COUNCIL MINUTES April 27, 1998 Consideration of Resolution No. 98 - 63, Declaration of Intent to Bond, Lilac Street Trunk Utility Project - Mr. Ahrens explained that the City of Lino Lakes is required by the Internal Revenue Service to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. City Council action is necessary to adopt the Resolution declaring the City's intent to finance the Lilac Street Trunk Utility Project with bonds. This is a non-binding declaration that must be done in order to finance projects in this manner. Mr. Ahrens referred to Exhibit A of the Resolution, which notes the amount to be bonded and is consistent with the amount of the referendum. If the Resolution is not adopted, the City will be required to find alternate methods to finance the project. Staff recommended that Resolution No. 98 - 63 be adopted. Council Member Bergeson moved to adopt Resolution No. 98 - 63, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 63 can be found at the end of these minutes. POLICE DEPARTMENT REPORT, CHIEF PECCHIA Consideration of Accepting the Resignation of CSO,Jeanie Kenow - Chief Pecchia informed the Council that CSO Jeanie Kenow has submitted her letter of resignation as a member of the Police Department effective April 24, 1998. He also stated that Staff wishes Ms. Kenow the best of luck with her future endeavors. Staff recommends Council accept Ms. Kenow's letter of resignation. Acting Mayor Lyden stated that he was very sorry to see Ms. Kenow leave the City. He wished her and her family well. Council Member Neal moved to accept the resignation of CSO, Jeanie Kenow. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 54, Accepting Contribution from Minnesota D.A.R.E - Chief Pecchia explained that commencing in 1995, the Lino Lakes Police Department began teaching the D.A.R.E. Program in local elementary schools. The goal of the Lino Lakes Police Department is to ensure that the D.A.R.E Program will become totally funded through donations from the community. Minnesota's D.A.R.E. Inc., is aware of this goal and has donated $2,000.00 toward the cost of administering the program in the local elementary schools in 1998. Chief Pecchia noted that they have begun to implement this program in the middle schools as well. The 13 ai COUNCIL MINUTES April 27, 1998 purpose of Resolution No. 98 - 54, is to publicly thank Minnesota D.A.R.E. Inc., for their generous donation. Staff recommends Council adopt Resolution No. 98 - 54, accepting the donation. Council Member Bergeson moved to adopt Resolution No. 98 - 54, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 54 can be found at the end of these minutes OLD BUSINESS -None COMMUNITY CALENDAR FOR APRIL 27 - MAY 11, 1998 Park Board Meeting, Monday, May 4, 1998, 6:30 p.m. Council Work Session,Wednesday, May 6, 1998, 6:30 p.m. Economic Development Advisory Committee, Thursday, May 7, 1998, 7:00 a.m. Arbor Day, Friday May 8, 1998, 2:00 p.m., Lino Elementary School Focus Committee, Environmental Management Plan, Thursday, May 14, 1998, 6:30 p.m. (tentative) NEW BUSINESS Consideration of a Request to Renew Gambling License for Centennial Fire District, Marilyn Anderson - Ms. Anderson explained that a gambling license was issued to the Centennial Fire Relief Association to conduct lawful gambling at Miller's on Main beginning June 1, 1995, and they have requested that their gambling license be renewed. The Centennial Fire Relief Association has been conducting lawful gambling in the City since the lawful gambling laws were enacted. Since the Centennial Fire District serves three (3) communities (Lino Lakes, Centerville, Circle Pines), proceeds from their gambling activities support many activities in all three (3) communities. Specifically, during the past year, the Centennial Fire Relief Association gambling proceeds have supported the school patrol programs and the drug free programs at all three (3) schools located in Lino Lakes, several Boy Scout Troops, the annual Safety Camp, Friends of the Parks Foundation, senior high school parties at both Centennial and Forest Lake High School and several residents in need. Ms. Anderson pointed out that all proceeds from lawful gambling conducted by the Centennial Fire Relief Association are returned to the community. The Centennial Fire 14 COUNCIL MINUTES April 27, 1998 Relief Association has complied with all the regulations of the Lino Lakes Gambling Ordinance. Ms. Anderson asked Council to approve the renewal of the gambling license. Council Member Neal moved to approve the renewal of the Gambling License for Centennial Fire Relief Association, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Acting Mayor Lyden pointed out that on Saturday, April 25, 1998, Lino Lakes celebrated Earth Day. He thanked everyone involved and believed it was a great success. Acting Mayor Lyden also pointed out that on Sunday; April 26, 1998, the dedication of the new Centennial Middle School took place. He congratulated everyone who helped in making the new school a reality. He continued stating that the building is quite impressive. He hopes that it will be an inspiration to the children of Lino Lakes. Acting Mayor Lyden noted that it was Mayor Sullivan's birthday. ADJOURN There being no further business, Council Member Neal moved to adjourn at 7:35 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Marilyn nderson, Clerk-Treasurer Chris Lyden, Acting or Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 15 u City of Lino Lakes Arbor Day Proclamation 1998 Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and Whereas, trees reduce the erosion of our precious top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and Whereas, the City of Lino Lakes has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree- planting practices Whereas, each year Lino Lakes Elementary of the Forest Lake School District has fostered an understanding of the benefits of trees with its students, and hosted cooperatively with the City of Lino Lakes a fine Arbor Day Ceremony inviting all residents to attend, ARBOR DAY PROCLAMATION PAGE -2- NOW THEREFORE, I, Kimberly A. Sullivan, Mayor of the City of Lino Lakes, do hereby proclaim Friday, May 8th as ARBOR DAY, in the City of Lino Lakes, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations. DATED: this 27th day of April, 1998 MAYOR: Mayor Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE 03-98 AN ORDINANCE AMENDING CHAPTER 200 OF THE CITY CODE; PARKS, RECREATION AND ENVIRONMENTAL COMMISSION The City Council of the City of Lino Lakes hereby ordains as follows: The City Code of the City of Lino Lakes, Chapter 200, Subdivision 211 is hereby repealed and replaced as follows: 211. Parks and Recreation Board 211.01 Purpose. The purpose of this chapter is to provide aid and advice to the Council in its efforts to encourage productive and enjoyable harmony between people and their leisure needs; to stimulate the health and welfare of people; to improve and insure a lasting quality of life within the city. 211.02 Establishment. The Lino Lakes Board on Parks, and Recreation, hereinafter referred to as the Board, is hereby established. The board shall operate in accordance with Chapter and 210. Membership of the Board shall consist of seven (7) members who shall be appointed by the Mayor, with City Council approval, for three(3) year terms commencing on January 1'. Terms shall be staggered so that no more than one-half of the members' terms expire at one time. Both the original and successive appointee shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. 211.03 Duties. The Board shall: (1) Develop plans for the physical development of all present and future city parks, based on the projected recreational needs of the city and its citizens. The plans shall include a topographical lay-out of the park and all facilities, plus development cost estimates, a proposed development time schedule, and an annual operating budget. (2) Develop policies and plans for a long-range city park acquisition program. The plan shall be consistent with the city's land use comprehensive land and park land dedication policy. The completed program shall include probable needed park locations, sizes and facilities plus acquisition and development cost estimates to include landscaping and equipment felt necessary and policy statement supporting the long-range plan. (3) Develop policies concerning recreational use of city park facilities. (4) Gather information concerning the conditions and trends in the provision of quality leisure services both current and prospective, with the purpose of determining whether or not such conditions and trends are appropriate with the goals of the city. (5) Develop and recommend to the council policies to foster and promote the improvement of leisure services and meet the social, economic, health and other requirements and goals of the city. (6) Report not less than once each year to the council on the state and condition of parks and recreation in the city and on the work of the board. (7) Make and furnish such studies or reports thereon and recommendations with respect to matters of policy and legislation as the council may request. (8) Examine and make recommendations on all park sites proposed to be dedicated to the city by those proposing to plat lands within the city and those who propose to give lands to the city for parks. (9) Make recommendations on the care, maintenance and development of existing parks. (10) Act as liaison between the council and people or organization which may wish to use, care for, have recommendations for the use of parks, or donate personnel, monies or equipment for parks and recreation in the city. (11) Work with the county on development of county park space within the city and county. (12) Review engineering and site plans for city improvements that may in any way change the characteristics of any city park or proposed park land. 211.04 Appointment and Compensation of Members The Board shall consist of seven (7) members and they shall be appointed by a majority of the Council and shall receive a quarterly salary of$150.00 ($50.00 per meeting) with the chair of the Board to receive $225.00 per quarter ($75.00 per meeting) consistent with the mayor/council relationship. (Amended by Ordinance No. 01 - 91 passed April 9, 1991, Ordinance No. 04-92 passed February 10, 1992 and Ordinance No. 93-21 passed October 25, 1993) This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes, this 27thday of April , 1998. Kimberly ATTEST: Marilyn G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said ordinance was declared duly passed and adopted. n Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO.04-98 AN ORDINANCE ESTABLISHING THE ENVIRONMENTAL BOARD, CHAPTER 217 OF THE LINO LAKES CITY CODE The City Council of the City of Lino Lakes hereby ordains as follows: Chapter 217, Environmental Board is hereby established as follows: 217. Environmental Board 217.01 Purpose. The purpose of this chapter is to provide aid and advice to the council in its efforts to encourage productive and enjoyable harmony between people and their environment; to promote efforts which will prevent or eliminate damage to the environment and stimulate the health and welfare of people; to enrich the understanding of the ecological systems and natural resources important to the city; to advise the City in the use and management of its natural resources in order to preserve and enhance the environmental amenities for present and future residents, and to improve and insure a lasting quality of life within the city. 217.02 Establishment. The Lino Lakes Board on Environment, hereinafter referred to as the Board, is hereby established. The Board shall operate in accordance with Chapter 210. Membership of the Environmental Board shall consist of seven (7) members who shall be appointed by the Mayor with City Council approval, for three (3) year terms commencing on January Is'. Terms shall be staggered so that no more than one-half of the members' terms expire at one time. Both the original and successive appointee shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. Page I 217.03 Duties. The Board shall: (1) Oversee a Natural Resource inventory and management plan and create a database to be used to make land use recommendations that: 1. Preserve important natural and cultural sites. 2. Provide greenways and corridors connecting natural areas and other points of interest. 3. Preserve and enhance wildlife habitat. 4. Preserve and enhance water conveyances, water quality, and wetland habitat 5. Preserve and establish a healthy urban forest. 6. Promote bio-diversity (2) Review land use and development proposals, for compliance with the natural resource regulations, ordinances, and landscaping and forestry needs, and make recommendations for improvements and the mitigation of environmental impacts. (3) Cooperate with other municipalities, counties, state agencies and watershed groups on matters of environmental issues. (4) Provide for environmental community education programs. (5) Submit grant proposals to raise money for projects. (6) Serve as a resource to other City advisory boards. (7) Hold public meetings to address environmental issues. (8) Develop and recommend to the council policies, ordinances, and procedures for the management, of natural resources and conservation development. (9) Make recommendations on the planning, development, maintenance, and budget needs of natural, native, forest, and botanical improvement projects that are consistent with the Environmental Management Plan; and recommend a budget for materials, human resources, and equipment to provide for support of these functions. Page 2 (10) Make recommendations on land acquisition for greenways, and other important natural areas consistent with the Environmental Management Plan. (11) Gather information concerning the conditions and trends in the quality of the environment, both current and prospective, with the purpose of determining whether or not such conditions and trends are likely to interfere with the goals of the city. (12) Report not less than once each year to the council on the state and condition of the environment in the city, and on the work of the commission. (13) Make and furnish such studies or reports thereon, and recommendations with respect to matters of policy and legislation as the council may request. (14) Act as liaison between the council and people or organizations which may wish to develop, and care for natural areas and projects that enhance the natural character of public lands, or donate personnel, moneys or equipment for the enhancement of the city natural resources. (15) Work with the county on the management of County Park space within the city and county. (16) Make recommendations to the City Council on issues concerning solid waste and recycling. 217.04 Compensation of Members. Members shall receive a quarterly salary of $150.00 ($50.00 per meeting) with the chair of the Board to receive$225.00 per quarter ($75.00 per meeting). This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes, this 27tlday of April 1998. IV I K.imberl . Sulli Mayor ATTEST: Page 3 Marilyn G. A derson, Clerk-Treasurer 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: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said ordinance was declared duly passed and adopted. Page 4 Council Member Bergeson introduced the following resolution and moved its adoption : CITY OF LINO LAKES RESOLUTION NO. 98 - 54 RESOLUTION ACCEPTING DONATION FROM MINNESOTA D.A.R.E . , INC . WHEREAS, the Lino Lakes Police Department began teaching the D.A. R . E . program in local elementary schools in January of 1995 ; and WHEREAS, the curriculum, developed by educators, is an elementary school drug prevention curriculum, taught by specially selected and trained uniformed police officers ; and WHEREAS, Minnesota . F,_ R . E . , Inc . was made aware of the desire for the Li-_c Lakes Police Department to teach this program in the elementary schools and has donated $2 , 000 . 00 to the City to defer the cost of this program, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $2 , 000 . 00 toward the cost of the D.A. R. E. program and wishes to express its gratitude to Minnesota D.A.R.E . , Inc . for its donation . Adopted by the Lino Lakes City Council this 27th day of April , 1998 . Kimberl% A. Ivan , Mayor l w L J L2� G -GO7L 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. The following voted against same : none, Mayor Sullivan was absent . .� Whereupon said resolution was declared duly passed and adopted . COUNCIL MINUTES April 27, 1998 purpose of Resolution No. 98 - 54, is to publicly thank Minnesota D.A.R.E. Inc., for their generous donation. Staff recommends Council adopt Resolution No. 98 - 54, accepting the donation. Council Member Bergeson moved to adopt Resolution No. 98 - 54, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 54 can be found at the end of these minutes OLD BUSINESS - None COMMUNITY CALENDAR FOR APRIL 27 - MAY 11, 1998 Park Board Meeting, Monday, May 4, 1998, 6:30 p.m. Council Work Session, Wednesday, May 6, 1998, 6:30 p.m. Economic Development Advisory Committee, Thursday, May 7, 1998, 7:00 a.m. Arbor Day, Friday May 8, 1998, 2:00 p.m., Lino Elementary School Focus Committee, Environmental Management Plan, Thursday, May 14, 1998, 6:30 p.m. (tentative) NEW BUSINESS Consideration of a Request to Renew Gambling License for Centennial Fire District, Marilyn Anderson - Ms. Anderson explained that a gambling license was issued to the Centennial Fire Relief Association to conduct lawful gambling at Miller's on Main beginning June 1, 1995, and they have requested that their gambling license be renewed. The Centennial Fire Relief Association has been conducting lawful gambling in the City since the lawful gambling laws were enacted. Since the Centennial Fire District serves three (3) communities (Lino Lakes, Centerville, Circle Pines), proceeds from their gambling activities support many activities in all three (3) communities. Specifically, during the past year, the Centennial Fire Relief Association gambling proceeds have supported the school patrol programs and the drug free programs at all three (3) schools located in Lino Lakes, several Boy Scout Troops, the annual Safety Camp, Friends of the Parks Foundation, senior high school parties at both Centennial and Forest Lake High School and several residents in need. Ms. Anderson pointed out that all proceeds from lawful gambling conducted by the Centennial Fire Relief Association are returned to the community. The Centennial Fire \.. 14 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 55 RESOLUTION AWARDING A CONSTRUCTION CONTRACT - WARE ROAD, STREET AND UTILITY CONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Ware Road, Street and Utility Construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Company Bid Amount S. R. Weidema, Inc. $ 1 ,420,498.13 Richard Knutson $ 1 ,447,207.84 Arnt Construction $ 1 ,471 ,754.55 Barbarossa & Sons $ 1 ,511 ,672.64 Northdale Construction $ 1 ,511,933.56 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 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 S. R. Weidema, Inc., 17600 113th Avenue North, Maple Grove, Minnesota 55369, in the name of the City of Lino Lakes for the construction of the Ware Road Street and Utility Construction 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 this 27th day of April, 1998. ,-1 Ki er y A.Wd iv 'mayor _1 1_ Marilyn G. nderson, 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. The following voted against same: none, Mayor Sullivan was absent. 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 April 28. 1 Marilyn 6. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-57 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - LAKES ADDITION STREET RECONSTRUCTION. WHEREAS, pursuant to an advertisement for bids for the construction of the Lakes Addition Street Reconstruction, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Arnt Construction Co., Inc. $1,492,683.42 (withdrew bid) Dresel Contracting Inc. $1,787,810.00 Forest Lake Contracting, Inc. $1,972,976.00 S.R. Weidema, Inc. $2,023,012.60 AND WHEREAS, it appears that Dresel 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 Dresel Contracting, Inc., 24100 July Avenue, Chisago City, MN 55013, in the name of the City of Lino Lakes for the construction of the Lakes Addition Street Reconstruction 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 this 27th day of April, 19 /I b Kimberly Sulli a ayor Marilyn G. Anderson, Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. 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 April 27, 1998. Marilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 58 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONSTRUCTION CONTRACT FOR THE LILAC STREET TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the trunk sanitary sewer and watermain improvements along Lilac Street, west of Appaloosa Lane; and along Mustang Lane(Laurie Avenue), north of Lilac 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 S. R. Weidema, Inc. $232,768.70 17600 113`h Avenue North Maple Grove, Minnesota 55369 C. W. Houle, Inca $244,996.00 1300 West County Road I Shoreview, Minnesota 55126 Dave Perkins Contracting, Inc. $250.017.00 14230 Basalt Street Ramsey, Minnesota 55303 Northdale Construction Co., Inc. $250,903.17 14450 Northdale Boulevard Rogers, Minnesota 55374 Kober Excavating, Inc. $264,323.56 16112 Jarvis Street NW Elk River, Minnesota 55330 Ryan Contracting, Inc. $276,337.40 8700 13'h Avenue East Shakopee, Minnesota 55379 Barbarossa and Sons, Inc. $277,914.20 11000 93`d Avenue North Osseo, Minnesota 55369 Richard Knutson, Inc. $282,068.25 12585 Rhode Island Avenue So. Savage, Minnesota 55378 Brown and Cris, Inc. $284,846.45 19740 Kenrick Avenue Lakeville, Minnesota 55044 Bonine Excavating, Inc $286,474.45 12669 Meadowvale Road Elk River, Minnesota 55330 Widmer, Inc. $287,554.34 P. O. Box 219 St. Bonifacius, Minnesota 55375 Volk Sewer and Water, Inc. $304,228.77 8909 Bass Creek Court Brooklyn Park, Minnesota 55428 Arcon Construction Co. $342,240.26 P. O. Box 159 Harris, Minnesota 55032 AND WHEREAS, it appears that S. R. Weidema, Inc., Maple Grove, Minnesota, is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with S. R. Weidema, Inc., of Maple Grove, Minnesota, in the name of the City of Lino Lakes for the Lilac Street Trunk Utility 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 Lino Lakes this 271h day of April, 1998. Kimberl Sulli , Mayor Marilyn G. A derson, Clerk-Treasurer .-� Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 59 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 1998 SEALCOAT PROJECT. WHEREAS, the Engineer has prepared plans and specifications for 1998 Sealcoating 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: I. 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 ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Tuesday, May 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, May 26, 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 day of April, 19� . Qlw,fi I I fjj�,-- Kimberly WullivLIL, 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: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was duly passed and adopted. 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. The following voted against same: none, Mayor Sullivan 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 April 27, 1998. Ma lyn G. Anderson, Clerk-Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-60 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT TO RECEIVE BIDS - WEST SHADOW LAKE DRIVE CULVERT REPLACEMENT PROJECT WHEREAS, pursuant to a request from City Staff, OSM & Associates, Inc. has prepared plans and specifications for the replacement of the culvert under West Shadow Lake Drive 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 10:00 a.m. May 20, 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 May 26, 1998. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5 percent of the amoun of suc 'd. Kim y A. ullivan, Mayor Marily 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. The following voted against same: none, Mayor Sullivan 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. 98-61 RESOLUTION REQUESTING MUSA DESIGNATION FOR MOLIN CONCRETE (415 Lilac Street) WHEREAS, Molin Concrete has petitioned the City for the extension of MUSA Designation to their property located at 415 Lilac Street for the purpose of connection to City Utilities, and WHEREAS, Molin Concrete has agreed to the estimated assessment for said utilities, and WHEREAS, it is in the best interest of the City to allow this MUSA expansion and utility connection, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby requests the Metropolitan Council to extend Metropolitan Urban Service Area to the 54 acre Molin Concrete site located at 415 Lilac Street. Adopted by the Lino Lakes City Council this 27th day of April, 1998. r Kimberly ATTEST: LAt ,, J Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-62 RESOLUTION REQUESTING MUSA DESIGNATION FOR 450 LILAC STREET (Douglas Residence) WHEREAS, James and Tracy Douglas have petitioned the City for the extension of MUSA Designation to their property located at 450 Lilac Street for the purpose of connection to City Utilities, and WHEREAS, the existing on-site system at 450 Lilac Street is in need of upgrading, and WHEREAS, the property owners will be required to petition the City for the extension of utilities to their property, and WHEREAS, it is in the best interest of the City to allow this MUSA expansion and utility connection, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby requests the Metropolitan Council to extend Metropolitan Urban Service Area(MUSA) Designation for one single family residence to the property located at 450 Lilac Street Adopted by the Lino Lakes City Council this 27th day of April, 199 Kimberl4Xk. u41livXn'LP"_v'v[ ATTEST: Marilyn G. A derson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member weal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent . Whereupon said resolution was declared duly passed and adopted. At i F s f l'AUI SO K � n iz a e—t f • /, �,6', 6 N IJ t2 a to 5 �e 7 6 3 . 3 2 I f • , ' • .. '; : ti ' , l LW AIR PARK NORTH t a I A '• /Z T fl I E 7 6 3 1 3 Z Z IS ,. ,3 R - 1 \ _ _ D { 8 - 1.-L-7— - - - AL r..� �, ,.� n - f f : S LINO LAKE$ • • R EHA81LITATIOt OENTER • j 10 i. � - MARSHAN LAKE, Council Member Bergeson introduced the following resolution and moved its adoption: r-� CITY OF LINO LAKES RESOLUTION NO. 98 - 63 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made n prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: I. Official Intent - The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following project: Lilac Trunk Utility Project, which is further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of section 1.103-17(l) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretofore been paid by the City and none of the costs will he paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. ItI ! 1 - _ - _ . s ,y 10 q ♦ � _ w . � r OU TLOT A ♦ . w I-A a M PARK NORTH lN0 AIR n ..7 i l rJ 14 U 17 u I 9 iE 7 6 2 t5 14 FT i 22 _ / Tl - �— t 105 / : z LINO LAKES 5`' °' / ��•/ / r 14J 3y REHABILITATIO CENTER O1 loo MAR i ;� , �- i ►. . . � ,; 'v4 HAN LAKE r C M a Resolution No. 98-63 Page 2 c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Resolution No. 98 -63 Page 3 Adopted by the City Council this 13th day of April, 1998. Kimberl WSulli Marilyn G. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal. The following voted against same: none, Mayor Sullivan was absent. Whereupon said resolution was declared passed and adopted. COUNCIL MINUTES MAY 11, 1998 ^ CITY OF LINO LAKES MINUTES DATE : May 11, 1998 TIME STARTED : 6:30 P.M. TIME ENDED : 7:50 P.M. MEMBERS PRESENT : Bergeson,Dahl,Neal, and Mayor Sullivan MEMBERS ABSENT : Lyden Staff members present: Interim City Administrator, David Pecchia; Finance Director, Mary Vaske; Environmental and Forestry Coordinator, Marry Asleson; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; and City Clerk Marilyn Anderson SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA ^ Mayor Sullivan removed the second item (Administration, Government Training Services, Schumacher) from Manual Expenditures. Council Member Neal moved to approve the Consent Agenda as amended. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: April 22, 1998 Approved DISBURSEMENTS: April 30, 1998 ($203,406.57) Approved May 11, 1998 Checks No. 50067 - 5077, $282,054.88) 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. 1 COUNCIL MINUTES MAY 11, 1998 OPEN MIKE Marty Asleson, Environmental and Forestry Coordinator, presented Mayor Sullivan with the Tree City Award. Mr. Asleson summarized the qualifications required to apply for the award. He also noted the Arbor Day celebration that was held at the Lino Elementary School. Mayor Sullivan thanked Mr. Asleson for the award and thanked everyone for making the Arbor Day celebration a success. FINANCE DEPARTMENT REPORT,MARY VASKE Consideration of Resolution No. 98 -65,Transfer Funds for Civic Complex-Ms. Vaske explained that City Council has committed to the construction of a new city hall and police station. The original proposal was to build the buildings with a combination of cash on hand and the sale of bonds. The cash contributions of the funds identified will not hurt the ability of these funds to maintain balances that are needed for future projects. Two (2) of the funds, Apollo Drive and the Industrial Park funds, will be closed, as they are no longer being utilized. Ms. Vaske recommended that Resolution No. 98 - 65 be adopted. Council Member Neal moved to adopt Resolution No. 98 - 65, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. �.. Resolution No. 98 - 65 can be found at the end of these minutes. Consideration of Resolution No. 98- 66, Intent to Bond, Civic Complex and Park Land - Ms. Vaske stated that the City of Lino Lakes is required by the Internal Revenue Service to declare it's intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non-binding declaration that must be done in order to finance projects that will be paid for with bonds. Ms. Vaske referred to a handout that noted the potential amount to be bonded. Ms. Vaske recommended that Resolution No. 98 - 66 be adopted. Council Member Bergeson moved to adopt Resolution No. 98 - 66, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 66 can be found at the end of these minutes. Consideration of Resolution No. 98- 67,Approving Annual Transfers for Assessment Payment, GNW-Ms. Vaske explained that per the Tax Increment Financing (T.I.F.) agreement with GNW Mechanical, 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 2 COUNCIL MINUTES MAY 11, 1998 approximate term of the district with 10% interest charged 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 $107,299. Ms. Vaske recommended that Resolution No. 98 - 67 be adopted. Mayor Sullivan asked if the City's carrying costs would be recovered. Ms. Vaske indicated that they would. Council Member Dahl moved to adopt Resolution No. 98 - 67, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 67 can be found at the end of these minutes. Consideration of Resolution No. 98 -68, Designating General Fund Balance-Ms. Vaske stated that Resolution No. 91 - 03 set standards for a reserve policy for the General Fund. The policy requires that 1/2 of the cash flow from property taxes and state aids for the ensuing year be required 15% general contingency reserve for the ensuing budget,prepaid items (i.e. insurance, seminars, etc.), and unpaid employee benefits (vacation, sick leave severance). In 1997,the total reserves surpassed the requirements by $307,000. The City Council discussed the designation of these dollars at the last work session and determined the preliminary percentages: Finance hardware/software 30% Parks playground equipment 50% Road reconstruction 10% Contingency fund 10% Ms. Vaske stated that she redefined the numbers to decrease the finance percentage and added the difference to a personal contingency, which could be used for union contract settlements, severance, etc.,that was not included in the 1998 budget. Ms. Vaske recommended that Resolution No. 98 - 68 be adopted. Mayor Sullivan explained that the City had $125,000 additional revenue from the Public Works fund due to a quiet winter. Mayor Sullivan noted that the funds spent on the Finance Department hardware/software would have been a requirement in the future. The funds spent on the Parks Department playground equipment were very much needed. Road reconstruction was a big issue for the City and it would be helpful to have some funds for road improvement without requiring a citizen's vote. Council Member Bergeson asked if the $307,000 figure was final. Ms. Vaske indicated it was final as of Thursday, May 7, 1998. n Council Member Dahl moved to adopt Resolution No. 98 - 68, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 3 COUNCIL MINUTES MAY 11, 1998 Resolution No. 98 - 68 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Comprehensive Plan Update-Mr. Wessel indicated that a Comprehensive Plan meeting would be held on Thursday, May 21, 1998, 6:00 p.m., at City Hall. It will be held in the work session format, summarizing all of the neighborhood input. Mr. Wessel stated that a recommendation based on all of the neighborhood input would be ready by September, 1998. Mr. Wessel also indicated that details of the vision bus tour will be discussed at this meeting. The Vision bus tour is tentatively scheduled for September, 1998. He encouraged the citizens of Lino Lakes and Council Members to participate. Mayor Sullivan asked if all of the Comprehensive Plan meetings are posted so the citizens and Council Members could participate. Mr. Wessel indicated that the meetings are posted. Council Member Bergeson added that he felt the vision bus tour was an excellent idea. Being able to see things first hand was very helpful. Mayor Sullivan stated that she and Ms. Wyland, Planning Coordinator, had determined a tentative date for the Vision bus tour. She hoped the September 19, 1998, date would be acceptable to the Task Force. ENVIRONMENTAL AND FORESTRY DEPARTMENT, MARTY ASLESON Consideration of Appointing an Environmental Committee Focus Group To Prepare an Inventory and Management Plan, 1998 -Mr. Asleson noted that previously Council gave approval to hire Brauer and Associates and Applied Ecological Services to perform an Environmental Inventory and develop a Management Plan. The City is now ready to proceed with this project. A focus committee is needed to guide the City through the process. Representation is sought from all areas of concern. Mr. Asleson referred to a handout that detailed a list of committee members desired. The committee will end as of January 1, 2000. Mr. Asleson asked the Council to approve the Environmental Committee Focus Group to prepare an Inventory and Management Plan, 1998. Council Member Neal moved to approve the Environmental Committee Focus Group as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. The Environmental Committee Focus Group membership list can be found at the end of these minutes. 4 COUNCIL MINUTES MAY 11, 1998 CITY ENGINEER'S REPORT,DAVID AHRENS Consideration of Resolution No. 98- 64, Receive Report and Call Hearing on Improvement,Apollo Drive, Phase 3 - Mr. Ahrens explained that on August 11, 1997, the Council ordered the preparation of a feasibility report that investigated the extension of Apollo Drive from its current terminus at Lilac Street to Lake Drive. The report is complete and staff is requesting Council action to receive the report and call a hearing for the improvement at the June 8, 1998, Council meeting. The report studies in detail the extension of Apollo Drive from Lilac Street to Lake Drive. The project is being initiated and administered by the City of Lino Lakes. Upon completion of the project, the roadway will become part of the County highway system. This process was utilized in the previous two (2) phases of Apollo Drive construction. The extension of Apollo Drive has been planned since the first phase of Apollo Drive was studied in 1990. The Apollo Drive, Phase 3,project will increase safety along Lake Drive by increasing the separation between the I-35W southbound ramp and existing Lilac Street. Mr. Ahrens continued stating that the roadway is proposed to match the current width of 52 feet with turning lanes provided at Lake Drive. Regional storm water detention ponds are studied in the report providing storm water management for Apollo Drive and adjacent properties. He n noted that project costs and financing are summarized in the report. The project is located in a portion of the City that falls within the provision of Section 8.07 of the City Charter. This section of the Charter states that the construction of local improvements and the levy of special assessments for the financing of the improvements shall be in accordance with Minnesota Statutes rather than Section 8.04 of the City Charter. The exception to this provision is the properties on which single family, owner occupied dwellings exist. In those cases the property owner can file a petition with the City Clerk objecting to the special assessment. Mr. Ahrens informed the Council that they would receive the completed report within a couple of days. Staff recommended that Resolution No. 98 - 64 be adopted. Mayor Sullivan asked if the report would have any changes from what had been discussed in the past. Mr. Ahrens indicated that the storm water management area had been increased. Council will be informed of all the details at the public hearing. He also stated that Ms. Vaske would be involved with the financing as soon as she received the completed report. Council Member Neal questioned the number of homes that the project involved. He also asked if the road went through the VFW property. Mr. Ahrens indicated the project did involve two (2) existing homes, and those property owners are currently working with an appraiser and relocation company. He stated that the road did go through the VFW property. 5 COUNCIL MINUTES MAY 11, 1998 Council Member Neal stated citizens have been inquiring about the project and he would like to keep them better informed. Council Member Bergeson stated that this issue dealt with the street and storm sewer. He questioned if the water issue had been addressed. Mr. Ahrens indicated that the water issue was almost completed, however, it is a separate issue. Council Member Bergeson indicated a concern regarding all the separate issues being completed and coordinated in a timely manner. Mr. Ahrens stated that the City was on schedule and he had been working very closely with the developer of the convenience store regarding the time table for development. Council Member Bergeson moved to adopt Resolution No. 98 - 64, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 64 can be found at the end of these minutes. OLD BUSINESS -None. NEW BUSINESS Consideration of Minutes,April 27, 1998 (Mayor Sullivan was absent) - Council Member Neal moved to approve the April 27, 1998 minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan abstaining. Consideration of Shoreview Joint Powers Agreement,David Pecchia - Mr. Pecchia stated that Council had approved the City communicating with the City of Shoreview and the Council was in agreement with the option that covered the lost investment earnings. The City of Lino Lakes would pay City of Shoreview for connection charges, sewer usage charges, and the penalty option, which included loss investment earnings. Mr. Pecchia announced that the City of Shoreview is currently addressing this subject at the City of Shoreview's workshop. It was relayed to the City of Shoreview's City Manager that the Lino Lakes City Council approved this option and was recommending that the City of Lino Lakes pay the fees regarding this issue, after both City Attorney's review the options. The two (2) City Attorney's would also develop a new agreement which will come before Council in mid-June. Council Member Bergeson noted that the motion made would be subject to approval of the Shoreview City Council. He also indicated he would like the amount of payment specified regarding the accrued interest and lost investment earning. Mr. Pecchia stated the specific figures would be included in the minutes. Council Member Bergeson made a motion to approve the payment of$303,641.62 to the City of Shoreview to make them whole based upon the Shoreview Joint Powers Agreement, subject to review and approval of both City Attorneys, further additional authorization to amend the Joint Powers Agreement, subject to Council approval, and authorize payment of one check for the 6 COUNCIL MINUTES MAY 11, 1998 entire amount of$303,641.62 from the Area and Unit Funds. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration off Hiring Independent Attorney to Survey Audit and Personnel Issues, David Pecchia - Mr. Pecchia stated that Council had authorized a list of four(4) law firms to survey the City audit and deal with personnel issues. Through the selection process, George Hoff was selected to provide the independent reviewal. Through Council approval, George Hoff will provided a list of duties he will perform and the costs of those duties,which will come before Council at the May 20, 1998, Work Session. Council also indicated the firm may begin the investigation immediately and may spend up to $5,000, prior to the May 20, 1998, work session. Mayor Sullivan moved to approve up to $5,000 and accept the recommendation of George Hoff to survey the audit and personnel issues with a specific agreement to be drawn up and brought to the May 20, 1998, Council Work Session,with a review of the audit and issues to begin immediately. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR MAY 11 THROUGH June 1, 1998 Trail Committee Meeting, Tuesday, May 12, 1998, 7:00 p.m., Parks Building Neighborhood Meeting,Lake Drive Trunk Utilities, Tuesday,May 12, 1998, 6:00 p.m. Planning and Zoning Board Meeting, Wednesday, May 13, 1998, 6:30 p.m. Focus Committee,Environmental Management Plan (tentative),Thursday,May 14, 1998, 6:30 p.m. Citizens Advisory Group,Monday,May 18, 1998, 7:00 p.m. D.A.R.E. Graduation,Monday May 18, 1998, 7:00 p.m., Lino Elementary School Friends of the Park Foundation Meeting, Tuesday, May 19, 1998, 7:00 p.m.,Parks Building City Council Work Session,Wednesday,May 20, 1998, 5:30 p.m. Senior Citizens Dinner, Wednesday May 20, 1998, 5:30 p.m. Joint Meeting,Hugo, Centerville,White Bear Township, Lino Lakes,Wednesday, May 20, 1998, 7:00 p.m., Hugo City Hall Comprehensive Plan Meeting, Thursday, May 21, 1998, 6:00 p.m. D.A.R.E. Graduation, Thursday, May 21, 1998, 7:00 p.m., Rice Lake Elementary School 7 COUNCIL MINUTES MAY 11, 1998 City Hall Closed in Observance of Memorial Day,Monday,May 25, 1998 City Council Meeting, Tuesday, May 26, 1998,6:30 p.m. Mayor's Coffee,Tuesday, May 26, 1998, 7:30 a.m. Mayor's Round Table, Monday,June 1, 1998, 7:00 p.m. ADJOURN There being no further business, Council Member Bergeson moved to adjourn at 7:50 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Counci eeting, May 26, 1998. 7H- Marilyn Anderson, Clerk-Treasurer 'rib rly A Sullivan, Mayor Transcribed by: \ Kim Points TimeSaver Off Site Secretarial, Inc. 8 Environmental Committee Focus Group Inventory and Management Plan 1998 _ We have scheduled the first focus meeting for the starting of our environmental study to inventory and develop a management plan. Because of your interest in the environmental issues of Lino Lakes, we would like you to be involved in this important focus. The first meeting is scheduled for Thursday the 14`h of May at 6:30 P.M. at Lino Lakes City Hall, 1189 Main Street. We would like all concerned representatives at this initial focus meeting, and you are certainly welcome to come to all of the up-coming meetings. Environmental Committee: Maurine Davidson Amy Donlin Rod Kukonen Eugene Lane J.P. Houchins Mike Trehus Lori Frisk - Thompson Art Hawkins Council Member Chris Lyden - Liaison Mike Trehus — P&Z Paul Mountain - Park Board and land-owner representation Gary Udhe — Development Economic Development- Brian Wessel Merrideth Comette — Minnesota Department of Natural resources. City Council — Chris Lyden Engineering —Dave Ahrens /Michael Krech Watersheds Rice Creek— Kate Drewry / Tony Brough VALAMO — Stephanie McNamara / Rocky Keehn Anoka County Parks — John VonDelinde/Jeff Perry Interested Residents Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 64 RESOLUTION RECEIVING REPORT and CALL HEARING ON IMPROVEMENT- APOLLO DRIVE, PHASE 3. WHEREAS, pursuant to resolution of the Council adopted August 11, 1997 a report has been prepared by SEH, Inc., with reference to the improvement of Apollo Drive by constructing street, curb and gutter and storm sewer, and this report was received by the council on May 11, 1998, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter at an estimated total cost of the improvement of$520,000. 2. A public hearing shall be held on such improvement on the 81h day of June, 1998, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 11'h day o 9 r1h R' 't/ b rly Sullivan, Mayor Marilyn G. Anderson Clerk-Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-65 RESOLUTION TRANSFERRING DOLLARS FROM VARIOUS FUNDS TO AID IN THE CONSTRUCTION OF CITY HALL AND POLICE STATION WHEREAS,funds are dollars are available in various funds, and WHEREAS,the City Council has authority to use these funds for use they see fit, and WHEREAS, the utility funds will be reimbursed their contribution at time of sale of the current Police Station land, and WHEREAS,the amount to be transferred is $2,700,000. NOW THEREFORE BE IT RESOLVED, that the following transfers be authorized and that the Apollo Drive Construction Fund and the Industrial Park Fund be closed: Increase Decrease Civic Ctr Construction Fund (432) $2,700,000 Area and Unit Fund (406) (500,000) Surface Water Management Fund (422) (250,000) Closed Bond Fund (301) (954,492) Apollo Drive Construction Fund (452) (336,498) Industrial Park Fund (451) (479,010) Water Operating(601) ( 90,000) Sewer operating(602) ( 90,000) Adopted by the City Council of Lino Lakes this 11tVMa . U Ijvan- Mayor I L� Marilyn G. Anders'on,Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by council Member Bergesonand upon vote being taken thereon,the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. RESOLUTION NO. 98 - 65 Page -2- Page 2 �- The following voted against same: none, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted: Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-66 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF LINO LAKES; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the City of Lino Lakes is in the practice of constructing certain improvements and in some instances reimbursing itself for the cost of any portion of the improvements with bond proceeds, and WHEREAS, the Internal Revenue Service has issued proposed Treasury Regulations Section 1.103-17 (as proposed and/or finally adopted, the "Regulations") dealing with the issuance of bonds where all or a portion of the proceeds are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds, and WHEREAS, the Regulations generally required that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and the expenditures relate to property having a reasonably expected economic life of at least one year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota, that: i. Official Intent -The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. a. The City proposed to undertake the following projects: Construction of a City Hall, Police Station, & Early Childhood Learning Center, and purchase of park land for an athletic complex, which are further described on Exhibit A attached hereto. b. Other than costs to be paid or reimbursed from sources other than a tax-exempt borrowing or costs permitted to be reimbursed pursuant to the transaction provision of section 1.103-17(1) of the Regulations, none of the costs of the foregoing projects as identified on Exhibit A has heretofore been paid by the City and none of the costs will be paid by the City until after the date to this Resolution. Each of the projects and costs related thereto, constitutes property having a useful life of at least one year. Resolution No. 98-66 Page 2 c. The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the Bonds, the City reasonably expects to pay and temporarily finance the costs from the following source of sources of funds identified on Exhibit A. d. The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected sources of funds to be used by the City to pay the debt service on the Bonds are identified on Exhibit A. 2. Budgetary Matters - As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the bonding portion of the project costs, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the cots of the projects. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filin - This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 4. Reimbursement Allocation - The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Resolution No. 98-66 Page 3 Adopted by the City Council this 11th day of May, 19 1 Ki erly A. Sullivan, Mayor Marilyn Gr. 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, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. n RESOLUTION NO. 98 -66 INTENT TO BOND EXHIBIT A ESTIMATED COST TO BE REIMBURSED SOURCE OF SOURCE OF AMOUNT OF FROM BOND FUNDS TO PAY FUNDS TO PAY FUNDS TO PROJECT DESCRIPTION TOTAL COST PROCEEDS BONDS BONDS PAY BONDS City Hall, Police, Early $ 5,500,000 $ 5,500,000 Lease Agreement Property Taxes $ 5,500,000 Childhood Athletic Complex land $ 1,000,000 $ 1,000,000 Property Taxes $ 1,000,000 TOTAL $ 6,500,000 $ 6,500,000 $ 6,500,600 Council member Dahl introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-67 RESOLUTION APPROVING ANNUAL TRANSFERS FROM TAX INCREMENT FUND 3-1 TO AREA & UNIT FUND, CLOSED BOND FUND AND SURFACE WATER MANAGEMENT FUND FOR ASSESSMENT PAYMENTS FOR GNW MECHANICAL WHEREAS, T.I.F. assistance was given to GNW Mechanical 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 11t of 9 . r t K b ly Al ISullivan- Mayor v Ma ilyn 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, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. 101%k Where upon said resolution was declared duly passed and adopted: r City of Lino Lakes Assessment Schedule GNW Mechanical Estimated End Date 2002 Principal 29,947 Interest rate 10% Number of Years 5 Principal Area & Unit Principal Interest Total Remaining 1998 5,989 2,995 8,984 23,958 w 1999 5,989 2,396 8,385 17,968 2000 5,989 1,797 7,786 11,979 2001 5,989 1,198 7,187 5,989 2002 5,989 599 6,588 0 Total 29,947 8,984 38,931 Principal 51,799 Interest rate 10% Number of Years 5 Principal Bond Fund Principal Interest Total Remaining 1998 10,360 5,180 15,540 41,439 1999 10,360 4,144 14,504 31,080 2000 10,360 3,108 13,468 20,720 2001 10,360 2,072 12,432 10,360 2002 10,360 1,036 11,396 0 Total 51,799 15,540 67,339 Principal 25,552 Interest rate 10% Number of Years 5 Principal Surface Water Principal Interest Total Remaining 1998 5,110 2,555 7,666 20,442 1999 5,110 2,044 7,155 15,331 2000 5,110 1,533 6,644 10,221 2001 5,110 1,022 6,133 5,110 2002 5,110 511 5,622 0 Total 25,552 7,666 33,218 1998 21,460 10,730 32,190 85,839 1999 21,460 8,584 30,044 64,379 2000 21,460 6,438 27,898 42,919 2001 21,460 4,292 25,752 21,460 2002 21,460 2,146 23,606 0 107,299 32,190 139,488 Dahl Council member introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-68 RESOLUTION DESIGNATING GENERAL FUND FUND BALANCE FOR THE YEAR ENDED DECEMBER 31, 1997 WHEREAS,fund balances need to be designated,and WHEREAS,the City Council has determined priorities to designate funds, and WHEREAS,the amount to designate is $307,304. NOW THEREFORE BE IT RESOLVED, that the following designations be authorized effective December 31, 1997. Purchase of Finance Computer software/hardware $ 73,750 Parks playground equipment 153,652 Road Reconstruction 30,730 Personnel Contingency 49,172 Total $307,304 Adopted by the City Council of Lino Lakes this 11t da of May, 1 "8., I � fI�Ki b ly A. Marilyn G. An erson, 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: Berteson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Where upon said resolution was declared duly passed and adopted: MINUTES MAY 17, 1998 LINO LAKES EMERGENCY COUNCIL MEETING SUNDAY, May 17, 1998 9 :00 a.m. Council Members Present: Mayor Sullivan, Council Members Bergeson, Dahl, Neal Council Members Absent: Lyden Staff Members Present: Police Chief/Interim City Administrator, Dave Pecchia; City Engineer, Dave Ahrens, Community Development Director, Brian Wessel; Finance Director, Mary Vaske; Chief, Milo Bennett; Parks and Recreation Director, Rick DeGardner; City Forester, Marty Asleson; Street Superintendent, Tom DeWolfe; Building Official, Pete Kluegel; Building Inspector, Tom Jackson; Salvation Army Representative, Bill Fiest, Red Cross Representative, Dan Pietso, Sgt. Bill Hammes and Sgt. Kent Streee; 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 tornado/storm cleanup and request additional funding. SUMMARY OF EVENTS: Department Heads in attendance provided an update as it relates to their various departments . Bill Hammes noted there was one incident overnight where a vehicle was stopped and subsequently one curfew violation citation was issued. Bill stated residents have expressed lots of praise to all City staff for the great job they are doing. Elm Street is open, however, continue to watch for trucks hauling and leaning trees . Pete Kluegel, Building Official stated both Tom Jackson and himself are handing out cards to residents, answering questions and that they stabilized one building. Dave Pecchia noted that City staff is not allowed to partake in stabilizing homes due to potential liability issues . Pete noted that a Hud house on Red Clover needed to be yellowed taped by police . Sgt . Hammes noted that it had already been yellowed taped. There is information on a paper in the basement of this home with a contact person who is responsible for this home . -1- MINUTES MAY 17, 1998 Rick DeGardner, Parks Director noted that Sunrise Park remains closed. A tree fell onto Shelter 2 , and there is downed fencing. Downed trees have also been located at Rice 'Lake Elementary and Country Lakes Park. Marty Asleson, Forestry, noted that the crew who assisted with the St . Peter disaster is now assisting us . Kieger Enterprises has 6 crews in place . The priority remains to be the removal of boulevard trees, trees at Sunrise Park and any trees hanging on public property. If NSP has not secured the area, crews will not go into the area. Staff is currently waiting for the clearance from NSP to enter into the Baldwin Lake Road area. Dave Ahrens, Public Works Director, noted that the power was restored to some areas at 8 : 00 pm last evening and the Lift Stations are working. Water and sewer is working fine . Six hydrants have been equipped with faucets for residents on well and septic systems who have no electricity. Tom DeWolfe, Street Superintendent noted the City street crew is working with the clam trucks from Kieger. The County is sending one loader today. There is still plenty of space for brush and trees at the site behind City Hall . Milo Bennett, Fire, stated he has no crews out today. Flyers were distributed yesterday. Councilmember Dahl stated there is no power in the W. Holly and Holly Court area. She is willing to distribute flyers to this area. The Salvation Army representative will set up a canteen for all workers . It was agreed to have them set up their trailer in the parking lot of Centennial Middle School . It was noted that the Red Cross missed some homes when conducting their assessment . There was damaged sustained at the SeaPlane Base and along Woodridge in the Southwest part of the City. ONGOING ACTIVITIES : NSP states that 95% of power should be restored to residents by Tuesday. Red Cross will assess additional areas of damage . Security and road clearance continues . -2- MINUTES MAY 17, 1998 Dave Pecchia asked staff what expenses they have incurred to date . The staff did not have figures available at the meeting. Staff was instructed to calculate staff hours and bring back an estimate of total hours to him by 11 : 00 am. Marty noted he was not aware of the financial arrangements with the County. The contractors hired have incurred expenses of approximately $22 , 000 for Saturday and approximately $42, 000 for Sunday. Chief reminded staff that staff is not authorized to make any commitments on dollars unless the Chief knows about it . Mayor Sullivan stated that the $50, 000 authorized by Council yesterday will not cover the expenses that will incur through today. Mayor Sullivan suggested that the Council should increase the amount another $50, 000 . The other Councilmembers present agreed. Mayor Sullivan noted that the City of Shoreview is providing curbside pickup and we will not do any less for our residents . It was mentioned that residents are inquiring what to do with shingles and other debris for removal . They cannot be put in with the trees and brush. Mayor Sullivan asked staff to research costs associated with providing dumpsters for the other debris . �1 The Neighborhood flyer was reviewed and it• was agreed to distribute a second flyer with updated information. Updated information should include : asking that residents keep children away from the equipment, call NSP if you do not have electricity, locations of faucets, unplug TV' s and larger appliances, look up for hanging trees, safety statement, stay away from crews . Milo Bennett was asked that his staff again distribute the flyers . Mayor Sullivan, Councilmember Dahl and Neal will assist with distribution of the flyers . Staff researched the dumpsters and found that Waste Management could provide 30 yard bins for $325 . 00 a load which includes disposal, delivery and transportation. After some discussion it was agreed to place two dumpsters in the north side of Sunrise Park and one dumpster on Appaloosa Court . This information will be added to the flyer. MOTION: A motion was made by Mayor Sullivan and it was seconded by Andy Neal to authorize additional funds in the amount of $50, 000 . Motion carried, 4 yes, 0 no. ADJOURNMENT: Meeting adjourned at 9 :45 am. -3- MINUTES MAY 17, 1998 Transcribed by Renee Kaulfuss, Lino Lakes Police Department These minutes were considered, corrected and approved at a regular meeting of the City Council on May 26, 1998. JI J. C17,e�z Marilyn G. Anderson, Clerk-Treasurer Ki be ly . Sullivan, Mayor PAGE L� COUNCIL MINUTES MAY 26, 1998 CITY OF LINO LAKES MINUTES DATE : May 26, 1998 TIME STARTED : 6:33 P.M. TIME ENDED : 8:37 P.M. MEMBERS PRESENT : Bergeson,Lyden, Dahl,Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, David Pecchia; Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Building Official, Pete Kluegel; Finance Director, Mary Vaske; and City Clerk Marilyn Anderson SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the Consent Agenda as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: May 11, 1998 ($193.90) Approved May 26, 1998 (Checks No. 50790 - 50888, $292,838.03) Approved May 26, 1998 Supplement (Checks No. 50889 - 50901, $2,597.04) Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Oath of Office, Officer Kevin Johnson -Mayor Sullivan gave Officer Kevin Johnson, hired in December 1997, the Oath of Office for the Lino Lakes Police Department. 1 COUNCIL MINUTES MAY 26, 1998 Bob Nelson, 6733 East Shadow Lake Drive, came forward with questions regarding the new Civic Center. He stated that last winter he had inquired at City Hall about the marked trees in a large area that had many, many trees. He said that the City had told him the trees were marked to track the health of the trees. Mr.Nelson stated that now all of the marked trees have been cut down. Mayor Sullivan stated that the location chosen for the Civic Complex best maximized the use of land and caused the lease amount of trees to be cut down. Mr. Wessel added that the Civic Complex was in that location to save the largest amount of trees possible. He said that the City worked with many agencies in choosing that site, including Anoka County, Rice Creek Watershed, and the DNR. Mr. Wessel stated that he would go over the entire process with Mr.Nelson if he wished. Mr.Nelson stated there is a very large cherry tree close to the edge of the cutting line. He hopes the City will try to save it. Mr. Wessel stated that all logging has been completed. The trees that remain will not be cut down. FINANCE DEPARTMENT REPORT, MARY VASKE Opportunity for Communities to Withdraw from 1999-2001 Community Development Block Grant and HOME Programs - Ms. Vaske stated that Anoka County has been notified by HUD that it is time for a new three year cycle of Community Development Block Grant(CDBG) and HOME Programs. HUD requires that the County give the communities an opportunity to "opt-out" of the programs at the beginning of each three (3) year cycle. A community's decision to withdraw from the program reduces the County's CDBG population count and entitlement amount and technically is effective for three (3) years, until June 30, 2002. Anoka County can exercise the option to invite a community that has "opted-out"of the program to participate in the second or third year. All the communities executed Joint Cooperation Agreements for 1987 that will automatically renew and continue in effect so long as there is a CDBG Program and they do not elect to withdraw. This agreement has been amended to include the HOME Program. If the City chooses to remain included in the Urban County, the City is notified of the following: 1. The City is ineligible to apply for grants under the HUD-Administered Small Cities or State CDBG programs while part of the Urban County. 2. The City can only participate in the HOME Program through the Urban County. Ms. Vaske recommended the City continue participation in the Community Development Block Grant and Home Program. 2 COUNCIL MINUTES MAY 26, 1998 Council Member Neal moved to continue to stay in the Urban County CDBG Program through the 1999-2002 grant years. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 77,Providing Issuance and Sale of$4,310,000 G.O. Improvement Bonds, 1998A and Resolution No. 98 - 78, Providing for Issuance and Sale of $2,000,000 G.O. Improvement Bonds, 1998B -Ms. Vaske stated that the Council had reviewed the upcoming construction projects in March, 1998. The projects funded by the 1998A bonds are Otter Lake Road Realignment, Lake Drive Trunk Utility, Phase 1, and Lilac Truck Utility. The project funded by the 1998B bond is Lake's Addition Reconstruction. The bond terms are both for 15 years and are funded by special assessments and property taxes. Mr. Jerry Shannon, Vice President of Springsted, Incorporated, stated that if the above resolutions are approved by Council,the City will begin taking bids on Monday, June 22, 1998. Bids will then be presented Monday evening,June 22, 1998,to Council to award the contract. Council Member Lyden moved to adopt Resolution No. 98 - 77, and Resolution No. 98 - 78, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 77 and Resolution No. 98 - 78 can be found at the end of these minutes. BUILDING DEPARTMENT REPORT,PETE KLUEGEL Consideration of SAC Refund Letter-Mr. Kluegel stated that the Council is aware that SAC collected from some Lino Lakes residents as part of their building permits and sent to the Metropolitan Council have been returned to the City by the Metropolitan Council. The Council has directed that a letter be written to these residents informing them that they may request a refund of the original SAC payment plus interest. Mr. Kluegel said that he has drafted a refund letter with the assistance of the City Clerk and the Finance Director. He is requesting authorization from the Council to mail the letter to the affected residents. Mayor Sullivan asked if Mr. Hawkins has reviewed the letter and if a process was in place to follow up on the letter with a six (6)month window. Mr. Kluegel indicated that a process was in place. Council Member Bergeson asked how many residents were affected. Mr. Kluegel stated 880 residents would be receiving the letter. Council Member Lyden moved to approve the refund letter, contingent on Mr. Hawkins review. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of the First Quarter Building Report- Mr. Kluegel presented the Council with the first quarter report from the Building Department and gave a brief overview. He asked Council to approve the first quarter Building Department report. 3 COUNCIL MINUTES MAY 26, 1998 Council Member Dahl excused herself from the meeting at 6:55 p.m. Mayor Sullivan asked for a comparison regarding commercial, residential, industrial and institutional building permits from 1997. Mr. Kluegel stated that the number of industrial and residential building permits are about the same. Institutional and commercial building permits have increased from 1997. Council Member Neal asked if the Lino Lakes Prison would need a building permit to rebuild from the damage due to the storm. Mr. Kluegel indicated they would. Council Member Lyden asked if townhomes were considered multi-family. Mr. Kluegel stated that townhomes were considered single-family. Council Member Bergeson moved to approve the first quarter Building Department report as presented. Council Member Neal seconded the motion. Motion passed unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Consideration of Resolution No. 98 - 72,Accept Bids and Award Contracts for Bid Package No. 1, Civic Complex Project-Mr. Wessel stated that the bid package No. 1 for the Lino Lakes Civic Complex includes earthwork, site utilities, footings and foundations, and the ordering of steel. Adolfson& Peterson(A&P), the construction manager, has separated the bid packages so �.. that construction can begin and the deadline for the Early Childhood Center can be met. Adolfson& Peterson supervised the opening of the bids on Wednesday, May 13, 1998, at City Hall. The second bid package on the Civic Complex will go out in June. The lowest responsible bidders for bid package No. 1 are as follows: Earthwork: Veit& Company $ 88,750 1400 Veit Place Rogers, Mn 55374 Site Utilities: Glenn Rehbein Excavating $ 33,995 8651 Naples St. NE Blaine, Mn 55374 Concrete/Masonry: Crosstown Masonry $166,500 1322 159th Ave. NE Ham Lake, MN 55304 Structural Steel: Premier Construction Systems $ 53,470 11238 Pheasant Lane Maple Grove, MN 55369 4 COUNCIL MINUTES MAY 26, 1998 Mr. Wessel stated that the above proposals would bring the cost for bid package No. 1 to $342,715, which is in line with current budget estimates. Mr. Wessel added that a ground breaking ceremony will be held June 9, 1998. He extended an invitation to event to the City Staff, Council, and all residents. Council Member Bergeson asked if the earthwork bid had been investigated, as it was much lower than the other bids. Craig Kronholm, construction manager, explained that he had met with each of the low bidders to verify that all fees for everything requested were included. Council Member Lyden moved to adopt Resolution No. 98 - 72, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 72 can be found at the end of these minutes. Consideration of Contract for Interior Design Services, Civic Complex Project-Mr. Wessel stated that on February 23, 1998,the City Council authorized the City Attorney to negotiate a contract with The Leonard Parker Associates (TLPA) for interior design services for the Civic Complex. Staff recommended the approval of TLPA over other proposals because of TLPA's familiarity with the project and the budget, their strong interior design staff, and their demonstrated level of commitment to the entire project. Mr. Wessel said that TLPA's fee proposal is $41,800. The City is presently at the point in the project schedule where approval of the interior design contract is appropriate and necessary. Mayor Sullivan asked if Mr. Hawkins had reviewed the contract. Mr. Hawkins indicated that he had reviewed the contract and had incorporated some revisions. Council Member Bergeson moved to approve the contract for interior design services from The Leonard Parker Associates, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Council Member Lyden noted that he felt the City could have saved some money on this project if the City had done some of the involved work that was required. Consideration of Ordinance No. 07 - 98 to Rezone Property on Linda Avenue, Consideration of Resolution No. 98 - 69,Designating Interim MUSA Reserve for Property on Linda Avenue, Collova Builders -Ms. Wyland explained that Collova Builders have asked for a delay regarding the rezoning and interim MUSA reserve on Linda Avenue. She stated that Collova Builders would prefer to present these items with the preliminary plat. Consideration of the preliminary plat will be requested at the June 10, 1998, Planning and Zoning meeting. Collova Builders will then ask Council for approval on all three (3) issues at the June 22, 1998, Council meeting. 5 COUNCIL MINUTES MAY 26, 1998 Ms. Wyland advised all Linda Avenue property owners present that they will not be required to accept a rezone for their property. A letter will be sent out asking the property owners if they would like their property to be rezoned. Ms. Wyland asked the Council to table this issue until June 22, 1998. Mayor Sullivan stated that she would like to see a written policy for sewer and water hook up for residents not in the MUSA. She indicated that drainage is an issue regarding this development and would like to see a plat. She also said that her main concern regarding this issue is the need for commitment to quality in the area from the developer. Mayor Sullivan stated there is a real concern with spot zoning and the residents need to understand what spot zoning entails. Council Member Lyden stated that he felt neither R-1 or R-1X zoning was acceptable in this neighborhood, as the difference between the two (2)was only a few feet. He believes it is the Council's responsibility to uphold the integrity and character of that area. He stated the City does not have the right to create a new neighborhood by destroying another neighborhood. Council Member Bergeson asked why the issue had to be tabled for such a long period of time. Ms. Wyland explained that June 22, 1998, was the first Council meeting after the next Planning and Zoning meeting. Mr. Wessel explained that the deadlines had been waived by the developer to meet the time table of the June 22, 1998, Council meeting. Council Member Bergeson pointed out that four(4) of the five (5) Council Members must be present to approve a rezone. He stated he would not be present at the June 22, 1998, Council meeting. Ms. Wyland suggested Council table the item until the July 13, 1998, Council meeting. Council Member Bergeson moved to table the Collova Addition Rezone, Ordinance No. 07 - 98, and Interim MUSA Reserve, Resolution No. 98 - 69, until July 13, 1998. Council Member Lyden seconded the motion. Motion carried unanimously. Judy Bruner, 270 Linda Avenue, came forward and expressed her concern regarding the rezone of this area. She stated that the development would triple the density of homes on 1/4 of the block. She also stated that the road is a narrow rural road and the developer has no plans to improve it. Ms. Bruner said that property values and the preservation of a rural area also concerned her. Council Member Neal asked why the developer is not being asked to improve the road. Mr. Ahrens indicated that the road improvement could be a condition of approval. Mayor Sullivan stated that this issue would be further discussed at the City Council Work Session scheduled for July 8, 1998. 6 COUNCIL MINUTES MAY 26, 1998 Council Member Lyden said that he believes it is the policy of the City that the developer is required to improve the road. He stated that if that was not currently the City's policy, the policy should be implemented. Consideration of a Conditional Use Permit, Lakeland National Bank, 7641 Lake Drive- Ms. Wyland stated that the Planning and Zoning Board and Council have approved a site plan review for the Lakeland National Bank which is to be located on the north/west corner of Lake Drive and Apollo (extended). This bank building is located in a General Business Zoning District which requires a conditional use permit for an accessory drive-through facility. The Council will recall that a condition of site plan approval for the bank building was either the approval of a conditional use permit or a revision to the section of the ordinance requiring the conditional use permit. The Planning and Zoning determined that they were not interested in amending the ordinance and preferred the control offered by the conditional use permit process when reviewing drive-through facilities for any use in this zoning district. Ms. Wyland stated that in review of the requirements of the ordinance, Staff determined that the proposed accessory drive-through facility will meet the criteria and Staff recommends approval of the conditional use permit. The permit shall be subject to the original conditions of approval outlined in the site plan review which include the following: 1. The Lake Drive access is terminated at such time when southerly public street access (vie Apollo Drive) is provided. 2. The landscape plan is subject to review and approval by the City Forester and CPTED Officer. 3. At such time as a southerly property access is available (and the Lake Drive access is terminated), the Lake Drive parking lot access drive is removed and r estored as green area. 4. The proposed Lake Drive (CSAH 23) access location is subject to the review and approval of the City Engineer and Anoka County Highway Department. 5. The conditional use permit is approved. 6. The bank drive-through lane is expanded or redesigned such that the stacking of vehicles (three) does not encroach upon the adjacent parking lot drive aisle. 7. The site plan is revised to identify an off-street loading space. 8. All lighting used to illuminate off-street parking areas are arranged to deflect light away from adjoining properties. 7 COUNCIL MINUTES MAY 26, 1998 9. A detailed sign plan is submitted subject to City approval. 10. The submitted utility and grading plan is subject to review and approval by the City Engineer. 11. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee. Ms. Wyland noted that the Planning and Zoning Board held a public hearing on Wednesday, May 14, 1998, and approved the conditional use permit for a drive-through bank with the conditions attached to the original site plan review and outlined above. Council Member Dahl returned to the meeting at 7:21 p.m. Mr. Paul Struthers, architect for the building, briefly outlined the conditions and went over a detailed map of the site and building plan. He stated that the conditions imposed are appropriate. Council Member Lyden questioned the stacking issue in condition number six(6). Mr. Struthers indicated that the building and site plan was based on two (2) existing banks. The type of banking this facility does indicates that two (2) drive-through lanes are adequate. Council Member Lyden asked what percent of business is done on a walk up basis. Mr. Struthers stated that most of the business done in the exiting banks does take place in the bank building. There will be an ATM machine on the outside of the building. There if very little drive-through business. Council Member Lyden asked if a comparison could be made from the existing banks to the bank that will be in Lino Lakes. Council Member Neal stated that there would be too much traffic with a two (2) lane drive- through. He believes there will be less traffic with a three (3) lane drive-through. Mr. Wessel indicated the site plan for the building has already been approved. Mayor Sullivan asked if the width of the parking lot was adequate for the traffic flow and pedestrian use. She also asked how long the two (2) lane drive-through would be feasible for the City of Lino Lakes. Mr. Struthers indicated that the same bank in Belle Plain has been in business for five (5)years and they have not yet expanded. Mr. Wessel stated that the City of Lino Lakes has several banks and the stacking issue regarding the Lakeland National Bank has been dealt with. Council Member Neal stated that the bank needs to be prepared to do more business than they are currently anticipating. 8 COUNCIL MINUTES MAY 26, 1998 Mayor Sullivan asked about the population of Belle Plain. Mr. Struthers stated that Belle Plain is an emerging suburb with a new motorcycle factory directly across the street from the bank. The bank there is very successful and does not have a stacking problem in the drive-through area. Council Member Dahl stated that she agreed with Council Member Lyden and Council Member Neal's comments. She asked if there was room for expansion of the drive-through and expressed concern regarding the lack of space in the parking lot. Mr. Struthers indicated that this plan was very typical for the type of business the bank will incur. He stated that the building plan is identical to a bank in Chaska and that bank does not have a traffic flow problem in the parking lot. Council Member Dahl indicated that dented cars and pedestrians being injured would cause a problem. Mr. Wessel stated that the site plan for the Lakeland National Bank had been approved. Staff is now asking for approval of the conditional use permit. Mayor Sullivan stated that the Council has made the developer aware of the safety concerns. She said that the main concern is that the site plan meets or exceeds all safety requirements for this type of business. Council Member Lyden stated that the issue could be easily resolved by increasing the drive- through to a three (3) lane drive-through. Mr. Struthers indicated a three (3) lane drive-through had not been discussed with his client. Council Member Bergeson noted that the site plan had previously been approved. The issue to be considered at this time is the conditional use permit. Mayor Sullivan asked if Mr. Pecchia had any concerns regarding the two (2) lane drive-through. Mr. Pecchia indicated that the site plan had been previously reviewed and approved. Council Member Lyden moved to deny the conditional use permit for the Lakeland National Bank, Lake Drive and Apollo. The motion was not seconded. Council Member Bergeson moved to approve Lakeland National Bank, Lake Drive and Apollo, conditional use permit, as presented. Mayor Sullivan seconded the motion. Council Member Bergeson noted that when the site plan was approved the Council was aware of the drive-through location and the Lakeland National Bank would come back before Council for a conditional use permit approval. Legal implications could be possible if the conditional use permit is denied. n 9 COUNCIL MINUTES MAY 26, 1998 Council Member Neal asked if the Lake Drive access would be permanent. He expressed concern regarding the access to a major intersection. Mr. Wessel stated that the Lake Drive access was temporary until the Apollo Drive access is open. Mayor Sullivan said that the Council comments are appreciated. However, the site plan has been approved. She asked Mr. Hawkins if there would be legal implications if the conditional use permit is denied. Mr. Hawkins stated that the Council must look solely at the criteria listed regarding approval or denial of the conditional use permit. Unless there are very good reasons relating to the listed criteria, the City could be held liable. Mayor Sullivan noted for the record all concerns of the Council regarding the safety issues. Council Member Bergeson stated that he did not agree with condition number six(6). He asked if he could legally not approve the conditional use permit. Mr. Hawkins indicated that proof from a professional would be required to legally deny the conditional use permit. Mr. Hawkins stated that a condition to review in twelve months could be added to the conditions of approval. Council Member Bergeson asked Mr. Strothers to convey the Council's safety concerns to the owner of the bank. Mr. Strothers indicated that he would and the drive-through would be expanded if necessary. Motion carried unanimously. Mayor Sullivan stated that the motion carried with an informal request to Mr. Wessel to report back in six(6)months with an update regarding the safety issues. Consideration of a Variance for Charles Votel, 7306 24th Avenue- Ms. Wyland stated that this application involves a request for a variance on the number of accessory buildings and total square footage at Mr. Votel's property. Mr. Charles Votel has a 10 1/2 acre parcel of property in the R-BR Zoning District. He currently operates an apple orchard on the site and another 10 acre parcel on the opposite side of the roadway in Hugo. Mr. Votel has the following buildings on his site: 1. A 40 x 80 (3,200 square feet) pole barn 2. A 24 x 32 (768 square feet) detached garage 3. A 24 x 20 (480 square feet) shed 4. A 9 x 24 (288 square feet) corn crib Mr. Votel has a total of 4,756 square feet of accessory building. Ms. Wyland stated that the applicant has indicated that it is "vital"to his apple orchard business to construct a storage/sales 10 COUNCIL MINUTES MAY 26, 1998 building on the site. Mr. Votel would like the building to be 24 x 32 for 768 square feet. This would bring the total number of buildings to four(4)requiring a variance for number of buildings and the total square footage to 5,234. The area variance necessary would be 216 square feet(excluding the corn crib). Ms. Wyland indicated that the Planning and Zoning Board reviewed this item at their May 13, 1998, meeting, and recommended approval of a variance for the number of accessory buildings and for an additional 216 square feet of accessory building area. Council Member Neal asked if Mr. Votel lives on the property. Ms. Wyland indicated that he does and Mr. Votel is present if the Council has questions for him. Council Member Lyden asked why another accessory building is necessary at this time and what the distance would be from the other buildings. Mr. Votel stated that the orchard was planted many years ago. The zoning has been changed for smaller farms such as his. The distance from another building is 1,000 feet. Council Member Bergeson asked if an addition to another building had been considered. Mr. Votel stated that he had considered an addition. An addition to an existing building would not be consistent with the character of the orchard. '~ Council Member Neal asked if the building would be strictly be used for retail sales. Mr. Votel indicated that retail sales occurred only a few months out of the year. The building would also be used for storage and equipment. Council Member Dahl asked if Ms. Wyland had spoke to Mr. Votel's neighbors regarding this issue. Ms. Wyland stated that she had not been able to contact Mr. Votel's neighbors. Mr. Votel explained that he did have a good relationship with his neighbors. Council Member Bergeson noted that the proposed site for the accessory building was between current buildings and would not effect the neighbors. Mr. Votel added that he had previously taken down two (2)buildings to improve the looks of the orchard. Mayor Sullivan stated that the City is very interested in agricultural growth. However, she did not believe the situation was unique enough to support a variance. The economic factor is evident and a hardship had not been proven. Mayor Sullivan stated that because of these reasons she could not support the variance. Council Member Bergeson stated that in the past a variance has been given knowing that full compliance had not been achieved. Council Member Lyden added that approving the variance was simply doing the right thing for a citizen of Lino Lakes. 11 COUNCIL MINUTES MAY 26, 1998 Council Member Dahl stated that she did not consider a detached garage an accessory building. She could support the variance. Council Member Neal moved to allow construction of an additional accessory building at 768 square feet,thereby requiring a variance for the number of accessory buildings and additional 216 square feet of accessory building. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan voting no. Comprehensive Plan Update-Mr. Wessel stated that the last Comprehensive Plan meeting was held Thursday, May 21, 1998, in the Work Session format. The policy plan was reviewed at this time. Mr. Wessel suggested that 45 minutes prior to the Council Work Session on June 3, 1998, the Council meet with the Comprehensive Plan Task Force for an update and informational meeting. He suggested the Council meet with the Comprehensive Plan Task Force again 45 minutes prior to the June 17, 1998, meeting. On June 25, 1998, Mr. Wessel suggested the Council attend a review meeting one hour prior to the Comprehensive Plan Meeting. Mr. Alan Brixius would be present to conduct a question and answer review meeting. Mr. Wessel stated that the three (3) meetings would be an opportunity for Council Members to express their opinions and obtain information regarding the Comprehensive Plan. Mayor Sullivan encouraged the review and discussion times. She asked if all Council Members had received a copy of the policy. Council Member Lyden expressed serious reservations regarding the policy. Council Member Bergeson moved to establish June 3, 1998, at 4:45 p.m., and June 17, 1998, at 4:45 p.m., a scheduled meeting of the City Council, Comprehensive Plan Task Force, and appropriate staff. Council Member Dahl seconded the motion. Motion carried unanimously. Mr. Wessel encouraged the Council to voice their opinions and ideas at the meeting. He asked that any agenda items be submitted early. Mr. Wessel announced that the Vision 20/20 Bus Tour is tentatively scheduled for September 12, 1998, at 9:00 a.m. The tour will begin at the Village Center. They will visit areas of change in the City and the areas that will be changed by the year 2020. Mr. Wessel stated that reservations will be required and he hopes to involve many citizens. The tour will conclude with a walking tour of the Village Center, Civic Complex, and refreshments. PARKS AND RECREATION DEPARTMENT, RICK DEGARDNER Consideration of Authorization to Seek Bids for Playground Equipment-Mr. DeGardner stated that as a result of the Council designating a portion of the 1997 excess fund balance towards playground equipment, he is requesting further authorization to advertise for playground equipment bids in Shenandoah Park, Birch Park, and Lino Park. 12 COUNCIL MINUTES MAY 26, 1998 n Each playground site will be bid as an individual project. Vendors will be given a maximum dollar amount for the equipment at each site. Each vendor will be expected to design separate play equipment structures that will service pre-pre-school and elementary school age children. All proposals are expected to meet requirements set forth in the American with Disabilities Act. All equipment in these bids must meet guidelines as published by the United States Consumer Products Safety Commission. Mr. DeGardner stated that he will also be asking the equipment vendors to outline any quantity discounts they would afford the City of Lino Lakes for multiple projects being awarded to their company. After receiving the bids on the various play equipment structures, each 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 from June 11, 1998,through June 16, 1998. The projects will be awarded to the vendor or vendors that provide 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 then be made to the City Council for the purchase of playground equipment at each site. 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 summer of early fall. Once the playground equipment is installed, City Staff will install the safety surface and the safety surface path to meet ADA specifications. Mr. DeGardner stated that there is approximately $153,652 designated for playground equipment. There is approximately $107,700 in costs for the three (3)playground site identified. This amount includes all related costs including borders,pea gravel, installation, safe zone modifications, and appropriate ADA surfacing. Mr. DeGardner recommends the Council pass a motion authorizing staff to advertise for bids on the new playground equipment projects. Mayor Sullivan noted that the money spent on these projects was money well spent. Council Member Lyden asked about the safety impact points and the synthetic surface at the end of the slides. Mr. DeGardner indicated the City uses a 12 inch coarse buckshot instead of synthetics. Council Member Lyden asked if the 12 inch coarse buckshot legally protected the City. Mr. Hawkins indicated that the 12 inch coarse buckshot is adequately designed. Mr. DeGardner noted that the Parks and Recreation Department conducts a weekly safety audit of all playground equipment. 13 COUNCIL MINUTES MAY 26, 1998 Council Member Lyden moved to authorize Staff to advertise for bids on the new playground equipment projects. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Authorization to Hire Park Maintenance Position -Mr. DeGardner stated that applications for the General Maintenance Worker, Parks Department, position were accepted through April 20, 1998. Sixty-seven applications were submitted. All applications were rated on criteria such as nursery or forestry experience, turf maintenance experience, post high school accreditation in nursery or forestry management, as well as training or experience in areas such as carpentry, small engine repair, irrigation installation and repair, concrete installation, landscaping, and welding. The top eleven candidates were given first interviews on May 5 and May 6, 1998,by a panel consisting of Mike Hoffinan, Barry Bernstein, and Tim Hillesheim. Following each oral interview, each candidate was asked to complete a written test which covered various areas such as building maintenance, construction, landscaping, forestry, fertilizer and pesticides, and equipment maintenance and operations. Three (3) finalists were invited back for a second interview by Dan Tesch and Mr. DeGardner on May 12, 1998. The finalists were determined based on ratings from the oral interview and the written exam. Mr. DeGardner stated that he determined that Mr. Tim Anderson is the most qualified and would best fit the City's needs. Mr. Anderson has worked for the Ramsey County Parks and Recreation Department for the past thirteen years. He has extensive training on a wide variety of equipment. Mr. DeGardner said that the position provides for a beginning salary of$12.97/hour plus benefits. The position would be eligible for membership in the 49'ers Union. Mr. Anderson is available to begin work on June 1, 1998. Council Member Neal asked if this was a full-time position. Mr. DeGardner indicated that the position is full-time. Council Member Bergeson moved to approve Mr. Anderson as General Maintenance Parks position. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT,DAVID AHRENS Consideration of Resolution No. 98 - 70, Receive Bids and Award Construction Contract, 1998, Sealcoat Project-Mr. Ahrens stated that the City Council ordered the improvement for the 1998 Sealcoat Project at the April 27, 1998, Council meeting. On May 19, 1998, two sealed bids were received and opened with the following results: Allied Blacktop Company $55,912.50 Asphalt Surface Technologies Corporation $61,312.50 Engineer's estimate $75,000.00 14 COUNCIL MINUTES MAY 26, 1998 Mr. Ahrens noted that sealcoat projects typically do not receive a high number of bids. Allied Blacktop has submitted an excellent bid to the City for the involved work. Allied Blacktop has performed sealcoat projects for the City in the past and has completed the work satisfactorily. Mr. Ahrens explained that the project specifications state that the project must be complete (except for final street sweeping) by August 15, 1998. When the work is started the contractor must complete the project within seven (7) days. Council Member Neal asked why Lino Lakes Blacktop did not submit a bid. Mr. Ahrens did not know why they did not submit a bid. Mayor Sullivan suggested Council Member Neal speak to Lino Lakes Blacktop regarding bids for future projects. Council Member Bergeson moved to adopt Resolution No. 98 - 70, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 70 can be found at the end of these minutes. Consideration of Resolution No. 98 - 71,Approve Flashing Beacon Justification Report and Plans, Anoka County Hazard Elimination Safety Project at Main Street and Lake Drive- Mr. Ahrens explained that the Anoka County Highway Department is proposing to install a flashing beacon system at the intersection of Main Street and Lake Drive. Flashing beacon systems are installed to help identify hazardous locations and conditions, or draw attention to warning or regulatory signs. The four warrants to justify the installation of a flashing beacon include limited visibility,high accident rate, school crossing, and rural trunk highway intersections. The beacon system at Main Street and Lake Drive meets the high accident rate and school crossing warrants for installation. The proposed project will not require any roadway improvements at the intersection. Anoka County plans to install the system this summer upon approval by the City of Lino Lakes and Minnesota State Aid. Funding is provided by Anoka County for 100% of the project costs. Anoka County will provide ongoing maintenance of the beacon system. The City of Lino Lakes is responsible for electrical costs for the beacon and street lights and relamping the street lights. The estimated electrical cost to operate the beacon and lights is $750 per year. Staff recommended approval of Resolution No. 98 - 71. Mayor Sullivan asked if the flashing beacon system would involve the police department. Mr. Ahrens indicated it would not involve the police department. The flashing beacon system is a method to obtain more visibility to the four-way stop. 15 COUNCIL MINUTES MAY 26, 1998 Mayor Sullivan asked if the two (2) warrants, being the high accident rate and school crossing, was sufficient to warrant installation of the flashing beacon system. Mr. Ahrens indicated the two (2)warrants were sufficient. Council Member Bergeson moved to adopt Resolution No. 98 - 71, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 71 can be found at the end of these minutes. CONSIDERATION OF HIRING RECEPTIONIST, DAN TESCH Mr. Tesch stated the City has filled the position of Engineering/Building Department Secretary, as approved in the 1998 Budget. The position was filled by way of internal promotion of receptionist, Carri Villella. The City is now in the process of filling the upcoming vacant receptionist position at the front desk, with final interviews held earlier today, May 26, 1998. Mr. Tesch asked the Council to approve a conditional offer of employment to Ms. Dawn Bugge. The offer will be contingent upon a positive reference and background check. Council Member Neal asked if the Police Department will be involved in the background check. Mr. Tesch indicated that the Police Department will be involved. Mayor Sullivan noted the importance of customer service relating to this position. Council Member Lyden moved to approve a conditional offer of employment to Ms. Dawn Bugge, contingent on a positive reference and background check. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Grievance Settlement,Dan Tesch -Mr. Tesch stated that in March, 1998, an arbitrator was unable to make a determination as to a cash award regarding the aforementioned grievance, BMS Case No. 98-PA-507. Staff and the grievant have therefore arrived at the following negotiated settlement: 1. Cash payment of$6,686.00 2. Assignment of utility responsibilities to the Public Works Director/City Engineer Mr. Tesch asked the Council to approve to the above negotiated settlement. Mayor Sullivan stated that it is very important to have clearly stated job descriptions regarding City positions. Mr. Tesch indicated that a notice of new job responsibilities and descriptions will be distributed on Wednesday, May 27, 1998. 16 COUNCIL MINUTES MAY 26, 1998 Council Member Neal moved to approve the negotiated settlement, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Costs Associated with Hoff, Barry and Kuderer Investigation,David Pecchia - Mr. Pecchia stated that at the May 11, 1998, Council Meeting the Council authorized the firm of Hoff, Barry and Kuderer to review the City audit, financial and personnel issues, and provide a list of duties and costs to be reviewed at the May 20, 1998, Council Work Session. Mr. Hoff was authorized to begin his investigation immediately, not to exceed $5,000. At the May 20, 1998, Council Work Session, the list of duties and estimated costs were reviewed. The City Council reviewed the materials and discussed the proposal. Mr. Hoff estimates the cost of the investigation to be $13,000 - $16,000, and the investigation will be concluded on or about July 7, 1998, with a recommendation for future action by the City. Mr. Pecchia asked for Council approval as proposed authorizing the expenditures of$13,000 - $16,000 as outlined by Mr. Hoff. Mayor Sullivan asked why the investigation would not be completed until July, 1998. Mr. Pecchia indicated Mr. Hoff would need approximately two (2)weeks for the investigation and then ten days to put the report and recommendation together. Council Member Bergeson noted that the City would like the report as soon as possible. He also asked when Mr. Hoff would begin the investigation. Mr. Pecchia stated that with Council approval, Mr. Hoff will begin the investigation Wednesday, May 27, 1998. Council Member Neal moved to approve as proposed authorizing the expenditures of$13,000 - $16,000 as outlined by Mr. Hoff. Council Member Dahl seconded the motion. Motion carried unanimously. City of Shoreview Connection Charges and Joint Powers Agreement,David Pecchia-Mr. Pecchia stated that at the May 6, 1998, Council Work Session,the Council discussed the delinquent utility connection and area charges the City owes the City of Shoreview. The charges are owed through a 1987 agreement the City entered into with the City of Shoreview for both water and sewer service for a portion of Lino Lakes just north of County Road J. The agreement required the City of Lino Lakes to pay connection charges as well as use charges for both water and sanitary sewer service. Although the use charges have been collected since the date of the agreement, the connection and area charges have never been paid. At the May 11, 1998, Council meeting the Council approved a tentative agreement proposed by the Staff members from Lino Lakes and Shoreview that would result in a payment to the City of Shoreview for connection charges, less sewer use charges and additional investment interest in the amount of$303,641.62. At the May 11, 1998, Shoreview City Council Workshop the Shoreview City Council met and reviewed this matter. The Shoreview City Council requested staff to continue to negotiate this matter and to include a portion of the penalty option. 17 COUNCIL MINUTES MAY 26, 1998 At the May 18, 1998, Shoreview City Council meeting the Shoreview City Council adopted Resolution No. 98 -45, authorizing the acceptance of unpaid utility connection and area charges from the City of Lino Lakes for the amount of$390,682.62. This figure represents $87,041 in penalty charges. Council Member Bergeson questioned the penalty amount listed at$200,584. Mr. Pecchia explained that figure represents investment interest only. Penalty charges totaling $87,041 must be added to the $200,584 figure. Mayor Sullivan noted the payment of$390,682.62 was more than anticipated. Council Member Neal moved to accept the proposal from Shoreview, authorize payment of $390,682.62, and direct Staff to redraft the 1987 agreement with the City of Shoreview. Council Member Lyden seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Minutes of May 11, 1998 (Council Member Lyden was absent) - Council Member Bergeson moved to approve the May 11, 1998, minutes, as presented. Council Member Dahl seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of Minutes of May 17, 1998 (Council Member Lyden was absent) -Mayor Sullivan asked that the "Lino Lakes City Council Special Meeting"be changed to "Lino Lakes City Council Emergency Meeting". Council Member Bergeson moved to approve the May 17, 1998, minutes as amended. Council Member Neal seconded the motion. Motion carried with Council Member Lyden abstaining. Consideration of Resolution No. 98 - 74,Declaring That a State of Emergency Exists in the City of Lino Lakes,David Pecchia-Mr. Pecchia stated that if approved, Resolution No. 98 - 74, will declare that a state of emergency exists in Lino Lakes due to the severe thunderstorm and/or tornadoes which occurred on Friday, May 15, 1998. Approval of the Resolution will allow the City to apply for emergency funding from all available sources. Council Member Lyden moved to adopt Resolution No. 98 - 74, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 74 can be found at the end of these minutes. COMMUNITY CALENDAR FOR MAY 11 THROUGH JUNE 8, 1998 Environmental Board, Wednesday, May 27, 1998, 6:30 p.m. Park Board Meeting, Monday,June 1, 1998, 6:30 p.m. 18 COUNCIL MINUTES MAY 26, 1998 Mayor's Round Table, Monday,June 1, 1998, 7:00 p.m., Senior Center City Council Work Session with Comprehensive Plan Task Force, Wednesday,June 3, 1998 4:45 p.m. City Council Work Session,Wednesday,June 3, 1998,5:30 p.m. Economic Development Advisory Committee,Thursday,June 4, 1998, 7:00 a.m. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:37 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council eting June 8, 1998. i Mari yn Anderson, Clerk-Treasurer Kim er A. S livan, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 19 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 70 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 1998 SEALCOAT PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the 1998 Sealcoat project,bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount Allied Blacktop $55,912.50 Asphalt Surface Technologies Corp. $61,312.50 AND WHEREAS, it appears that Allied Blacktop Company, is the lowest responsible bidder; u 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 Allied Blacktop Company, 10503 - 891h Avenue North, Maple Grove, Minnesota 55369, in the name of the City of Lino Lakes for the construction of the 1998 Sealcoat 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 tVday 98. llivan, Mayor f �i Marilyn G. Anderson, Clerk-Treasurer RESOLUTION NO. 98 - 70 Page -2- n 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. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on May 27, 1998. Marilyn G. Anderson, Clerk-Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -71 RESOLUTION APPROVING FLASHING BEACON JUSTIFICATION REPORT AND PLANS, ANOKA COUNTY HAZARD ELIMINATION SAFETY PROJECT AT MAIN STREET AND LAKE DRIVE AND AUTHORIZING THE CITY ENGINEER TO SIGN SAID PLANS WHEREAS, the County of Anoka has prepared a Flashing Beacon Justification Report for the installation of a flashing beacon at the intersection of Main Street and Lake Drive WHEREAS, said report and plans require City of Lino Lakes approval, AND WHEREAS, the report states that warrants are met to install a flashing beacon system at the intersection of Main Street and Lake Drive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The said report and plans are approved. 2. The City Engineer is authorized and directed to sign said report and plans. Adopted by the Lino Lakes City Council thi*Kier M y 1 '98. S I ' 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, 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. 98-72 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR BID PACKAGE NO. 1, THE CIVIC COMPLEX WHEREAS, pursuant to an advertisement for bids for earthwork, site utilities, concrete/masonry and structural steel, materials only, 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 Earthwork: Veit & Company $88,750.00 Imperial Developers $112,600.00 Don Zappa Construction $119,149.00 Glenn Rehbein Construction $120,405.00 Julian M. Johnson Construction $123,750.00 Frattalone Construction $142,500.00 Site Utilities: Glenn Rehbein Excavating $33,995.00 Penn Contracting $36,800.00 J.B. Diggers $37,123.00 Nova Frost, Inc. $37,750.00 Ro-So Contracting $37,750.00 Industrial Utilities, Inc. $37,800.00 St. Paul Utilities, Inc. $38,401.00 Julian M. Johnson Construction $43,997.00 Concrete & Masonry: Crosstown Masonry $166,500.00 Stellar Concrete & Masonry $179,800.00 Cam-Co, Inc. $184,900.00 Maertens-Brenny Construction Co. $206,300.00 ^, Sheehy Construction Co. $211,700.00 Kellington Construction, Inc. $218,000.00 RESOLUTION NO. 98 - 72 Page -2- James Steele Construction $220,500.00 Spraugel Construction, Inc. $227,000.00 Scandy Concrete, Inc. $399,200.00 Structural Steel-Material only: Premier Construction $53,470.00 Thurnbeck Steel Fabrication, Inc. $59,263.00 Five Star Welding, Inc. $62,500.00 Listul Industries, Inc. $63,468.00 Bergh's Fabricating, Inc. $63,500.00 American Structural Metals $66,365.00 Daka Corp. $68,000.00 AND WHEREAS, it appears that Veit & Company, Rogers, Minnesota, is the lowest responsible bidder for earthwork; and Glenn Rehbein Excavating, Blaine, Minnesota, is the lowest responsible bidder for site utilities; and Crosstown Masonry, Ham Lake, Minnesota, is the lowest responsible bidder for masonry and concrete; and Premier Construction Systems of Maple Grove, Minnesota, is the lowest responsible bidder for structural steel-material only; 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 Veit & Company of Rogers, Minnesota, Glenn Rehbein Excavating of Blaine, Minnesota, Crosstown Masonry of Ham Lake, Minnesota, and Premier Construction of Maple Grove, Minnesota, in the name of the City of Lino Lakes for Bid Package No. 1 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. Adopted by the Council of the City of Lino Lakes this 26th day of May, 1998. RESOLUTION NO. 98 - 72 • Page -3- be y . Sullivan, Mayor Marilyn . Anderson, Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof. Bergeson, 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 May 26, 1998. T M G. Anderson, Clerk-Treasurer Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 74 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 major proportion, caused by severe thunderstorms, hail and tornadoes which occurred on May 15, 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, 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 . I certify that the above resolution was adopted b t e City Council of the City of Lino Lakes on M 2 99 Ki er A. Sullivan, Mayor Marilyn G. Anderson, Clerk-Treasurer/Witness 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. The motion for the adoption of the foregoing resolution was duly seconded by Council member Lyden introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-77 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,310,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A WHEREAS, it is hereby determined that the following assessable public improvements (the Improvements)have been made, duly ordered or contracts lets for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes,Chapter 429 (Act) Otter Lake Road Realignment $1,372,927 Lake Drive Trunk Utility, Phase 1 2,534,634 Lilac Trunk Utility 402,439 Subtotal 4,310,000 Add: Underwriter's Discount 43,100 Less: Investment Earnings (43,100) Net Bond Issue $4,310,000 WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,310,000 General Obligation Improvement Bonds, Series 1998A (Bonds) pursuant to the Act to provide financing for the Improvements. WHEREAS, to provide financing for the Improvements, the City will issue and sell Bonds in the amount of $4,266,900. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $43,100. The excess of the purchase price of the Bonds over the sum of $4,266,900 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal. WHEREAS, Springsted, Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, June 22, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. NOW THEREFORE BE IT RESOLVED,that the above bonds be issued. RESOLUTION NO. 98 - 77 Page -2- Adopted by the City Council of Lino Lakes this 26th day of May, 1998 Ll--- KiV A. I an- Mayor Mari yn G Andpison,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: Council member Lyden introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-78 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998E WHEREAS, the following assessable public improvements(the Improvements)have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes,Chapter429 (Act) Lakes Addition $1,981,361 Add: Underwriter's Discount 20,000 Less: Investment Earnings (1,361) Net Bond Issue $2,000,000 WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City to issue$2,000,000 General Obligation Improvement Bonds, Series 1998E (Bonds) pursuant to the Act to provide financing for the Improvements. WHEREAS, to provide financing for the Improvements, the City will issue and sell Bonds in the amount of $1,980,000. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of$20,000. The excess of the purchase price of the Bonds over the sum of $1,980,000 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal. WHEREAS, Springsted, Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, June 22, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. NOW THEREFORE BE IT RESOLVED,that the above bonds be issued. Adopted by the City Council of Lino Lakes this 26th ay May, 1998. Ki erl A. Ili n- Mayor Marilyn G. Anderson,Clerk Treasurer RESOLUTION NO. 98 - 78 - 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. Where upon said resolution was declared duly passed and adopted: Planning&Zoning Board May 13, 1998 n Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : May 13, 1998 TIME STARTED : 6:35 P.M. TIME ENDED : 8:50 P.M. MEMBERS PRESENT : Corson, Dunn,Johnson, Schaps, Shilling and jTrehus MEMBERS ABSENT : Robinson STAFF PRESENT : Planning Coordinator Wyland, Economic Development Director Wessel, and City Engineer Ahrens I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:35 p.m., May 13, 1998. II. APPROVAL OF MINUTES - April 8, 1998 Mr. Johnson noted that the Nations Bank, listed on page 13, paragraph 4, should be listed as the Lakeland National Bank. Mr. Johnson made a MOTION to approve the amended minutes of the May 13, 1998, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Schilling. Motion carried 6-0. III. APPROVAL OF AGENDA The agenda was approved as submitted. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:36 p.m. There were no comments. Mr. Johnson made a MOTION to close the Open Mike portion of the meeting at 6:36 p.m., and was supported by Mr. Corson. Motion carried 6-0. •F Planning&Zoning Board May 13, 1998 Page 2 V. ACTION ITEMS A. Collova Builders, Rezone & Preliminary Plat, 250 & 260 Linda Avenue This item had been tabled at the March 11, 1998, Planning and Zoning meeting, after closing the Public Hearing. The actual motion called for tabling the item"until such time as adequate sewer capacity is determined, a wetland delineation is provided, and a neighborhood meeting is held." The City Engineer has determined that adequate capacity does exist in the sewer main serving these properties. The wetland on the site has been delineated and determined to consist of the existing ponding area. A drainage and grading plan has been submitted for review and approval by the City Engineer. A neighborhood meeting was held to discuss concerns of the adjoining property owners. Ms. Wyland explained that this request requires action on three items. The rezoning, the preliminary plat, and the interim MUSA reserve. Tony Sampair, representative for Mr. Collova, explained to the Board that Collova Builders has completed all the items outlined by the Planning and Zoning Board at the March 11, 1998, Planning and Zoning meeting. Mr. Sampair noted that per the neighborhood meeting the proposed lot dimensions had changed. Regarding the wetland delineation, it had been shown that the development would not be a negative impact. The City Engineer has approved the sewer capacity. Collova Builders has received a UPA letter for approval. They have also applied for a permit from the Rice Creek Watershed and should receive the permit by the end of the month. Chair Schaps asked what issues had been discussed at the neighborhood meeting. Mr. Sampair explained that the issues discussed were lot width, maintaining the character of the neighborhood, garage location at 260 Linda Avenue, and drainage. Mr. Sampair stated that their lots far exceeded the square footage and depth requirements of the R-I X zoning, which would in fact maintain the character of the neighborhood. Collova Builders have maximized the lots as much as possible, turning the corner lot around which eliminates the need for a variance. The builder does have a plan regarding the garage location at 260 Linda Avenue. They also have a plan to alleviate the water and drainage problem. Mr. Dunn asked why Collova Builders had withdrawn the offer pursuing the R-IX rezoning. Mr. Sampair indicated that they had never pursued that option because the proposed square footage far exceeds the lot requirements of R-1 X. Ms. Wyland explained that the difference in homes regarding R-I and R-1X is in, exclusive of garage area. ,� Planning&Zoning Board May 13, 1998 Page 3 Mr. Dunn noted that most homes in this area are zoned R-XI. Mr. Sampair indicated that Collova Builders can meet the R-X1 requirements. He believes that Collova Builders has done a good job meeting all the requirements the Planning and Zoning Board has specified. He thanked Ms. Wyland and the neighborhood for all of their help and input. Mr. Ahrens, City Engineer, asked the project engineer to address the drainage issues. Roger Nelson, project engineer, referred to a map that specified the site location. He stated that the existing streets were in good shape, having no curbs or ditches. He indicated that drainage is currently a problem, especially in the spring. He is proposing a natural high point on Linda Avenue and improving the ditch by making it deeper, going west to south with a culvert under the driveways. Chair Schaps asked if that was the present flow of the drainage. Mr. Nelson stated that basically it was, with overflow occurring in the spring. The internal drainage would be improved by enlarging the pond and creating a new pond to accommodate increased run- off. Mr. Johnson asked where the water would flow after it left the site. Mr. Nelson indicated that the overflow would flow along a ditch running east and trail southward with a culvert. It would connect to a large basin under Lorraine Avenue to the west and then into a County ditch and end up in Baldwin Lake. Mr. Johnson asked where flooding problems were most likely to occur. Mr. Nelson stated that flooding could be a problem in the intersection, but would not affect any homes. He noted that the one home next to the pond currently has a problem with water on the lawn. Mr. Corson questioned when the flooding would occur. Mr. Nelson said that anything beyond a 100 year storm would flood. Mr. Trehus asked how much additional run-off will be generated due to the new homes. Mr. Nelson explained that approximately 6,000 cubic feet of additional run-off would occur. Mr. Trehus inquired about creating a storage area on site. Mr. Nelson stated they have provided for on-site ponding. Mr. Schilling asked if the storage area would be designed only to handle the additional run-off or much more flooding. Mr. Nelson indicated it would be designed for only the additional run-off, they would not make it any larger than necessary. Mr. Ahrens stated that the improvements Mr. Nelson described would improve the current drainage on the streets. He is concerned about the additional run-off that would be generated from more housing. He would like to see the evidence that there would be no net increase of run-off. Planning&Zoning Board May 13, 1998 Page 4 Chair Schaps asked for brief comments from any citizens in the audience who wished to express their opinion regarding the project. Judy Bruner, 270 Linda Avenue, stated that the drawings Collova Builders had presented were incorrect. She referred to a map of the current development. She believes that R-1 is not consistent with the area. The project would triple the density of homes in the area. She is also concerned with tearing down of many trees, smaller frontages than the area currently has, sewer, and drainage. Ms. Bruner indicated that smaller frontages would be totally inconsistent with the neighborhood. Although everyone in the area is using a septic system,they do not want to eliminate the option of hooking up to sewer. She would like to keep the rural look of the area. Ms. Bruner referred to a petition regarding the project, noting that no one had refused to sign it. Tom Bruner, 270 Linda Avenue, stated that his main concern regarding the project was water management. He believes that the soil would not be able to soak up the additional run-off and pond overflow. He stated that the culverts were designed for a small area only. Mr. Bruner indicated he owned one of the ponds, and the culvert put in 15 years ago was basically a 10" PVC pipe, meant for the trail only and would not accommodate the whole block. Currently, the ponds take approximately one month to return to the normal level after a rainfall. The proposed pond in the rear of the development will overflow into the two ponds that already overflow. He asked that the Board take his concerns into consideration. Peter Rosenthal, 288 Rohavic, stated that he also owned one of the ponds. He feels that if the City approves the R-1 zoning, it would have a negative impact. He hopes the Board will take the whole street into consideration, addressing the curbs, gutters, and road work. Connie Grundhofer, 235 Linda Avenue, addressed the issue of infiltration. Developing two lots into six lots would result in wide open lawns that would require more chemicals. When the overflow of water runs into the ponds with these chemicals from the lawns, the pond life would be affected as well as Baldwin Lake. Ms. Grundhofer also noted that the proposed division of land was extremely small and would be inconsistent with the current lots. Leon Moll, 6251 Laurene, stated that he agreed with all the above comments, noting he was opposed to the narrow frontages. Jim Kurkowski, 239 Linda Avenue, explained that he is fairly new to the neighborhood, and very rarely saw his neighbors. One of the reasons he purchased a home in this area was because there are few homes around his lot. Judy Twohy, 6119 Hodgson, stated that she lived on one side of the current drainage ponds and was very concerned about the elimination of any wildlife in the area. Planning&Zoning Board May 13, 1998 n Page 5 Paul Marano, 6170 Oakwood Drive, explained that he was opposed to the population increase the project would cause. He relocated back to Minnesota in 1986 and looked at many areas before purchasing his current property. He chose to live in this area because of the spacious lots. He also expressed concern regarding drainage and the ecosystem. He questioned who he would turn to for help if the septic system backed up into the pond. John Grundhoffer, 235 Linda Avenue, stated that his main concern was that Collova Builders had not presented any concrete plans and also offered no consistency. He wanted to be very sure as to what the builders would be developing on that property. He stated that if Collova Builders were given low minimum requirements, they would only build the low minimum housing. Mr. Grunehoffer would like to see the same quality of housing developed that is already in place. He noted that any wildlife currently in the area would eventually disappear. Chair Schaps asked for a show of hands from the audience that would be in favor of the R-1X zoning. The majority of those present did raise their hand. Jim Holt, 6261 Laurene, stated that last year his neighbor had 2 lots on one side of his home, he now has nineteen houses. He indicated that he was opposed to the project. n Mike Dockendorf, 6168 Laurene, explained that he lived next to the big pond. Currently, his lawn is often damp, and he believes that more homes will cause too much additional water run-off. He stated that he has never had a problem with water in his home. Ken Trittin, 6221 Laurene, stated that he has lived in his home since 1970. He is concerned that Collova Builders has not yet proposed the exact location of homes on the lots. Chair Schaps indicated that the proposed homes would be placed in accordance with the required setbacks. Mr. Trittin asked if there was a set plan for the location of the homes. He questioned if the rezoning should be approved before there was a plan for the exact location of homes. He stated he has not yet seen anything platted, and expressed concern over the amount of trees that would have to be destroyed. Missy Trittin, 6221 Laurene, stated that the area is beautiful and she would like to see the trees and the wildlife remain the same. She explained that she has seen 22 different species of birds, including a very rare woodpecker. Destroying all of the trees would be a terrible waste. Mr. Sampair said that all the comments from the concerned residents were very good and had been taken into consideration. He pointed out that the total area of the proposed Planning&Zoning Board May 13, 1998 Page 6 development, divided by the minimum requirements, met the R-1 X standards. The frontages would not meet the R-1X standards. He stated that the proposed development would improve the area and the flow of the land. He said that some of the existing homes are small, and the new proposed homes would be consistent with the neighborhood. Sewer and water does currently go through the neighborhood, and the proposed plan far exceeds the minimums of Fox Trace, a development close by. Mr. Trehus stated that he believed the proposed development was not consistent with the area and very much out of character with the current neighborhood. Mr. Dunn said that he had visited the area several times so he could draw a fair conclusion regarding the issue. He was very impressed with the area. The homes were very well kept and maintained and he would like to see it stay that way. He stated that the sewer and water on Linda Avenue was done by chance, not choice. He felt the street would not be improved to residential quality and destroying the area for development was unfair and unreasonable. Mr. Duren stated that meeting required conditions was only part of the big picture and he was very skeptical regarding the proposed drainage plans. The Comprehensive Plan segments part of the City to remain rural and the City has an opportunity to do so with this area. He noted that a citizens survey indicated the majority of the citizens would like to preserve rural land and wildlife where there is an opportunity to do so. Mr. Schilling stated that Collova Builders and the citizens had both made good points. He felt it was not a good idea to put so many houses in one area. The developer had increased the square footage of the proposed homes, but the issue of quality also had to be addressed. The neighborhood had compromised agreeing to the R-1X zoning. Mr. Schilling hoped to pursue that option. Mr. Corson stated that the RAX zoning was more appropriate in this area that R-1. He complimented Collova Builders for working so closely with the residents. Mr. Johnson agreed that R-1 X would be more appropriate than R-1, due to the nature of the street, vegetation, and wildlife in the area. Chair Schaps stated that it was nice to see so many residents concerned with the area that they live in. He also thanked Collova Builders for doing a good job. He felt it was appropriate to have a larger frontage, and it could be done. Chair Schaps noted this would result in the loss of one lot, but the neighborhood would be happier. Mr. Corson made a MOTION to approve the application of the rezone from R-Rural to Rl-X for all of Lots 1, 2, 3, and 4 of Block 2 Arthur E. Thom Addition and Lots 47 and 48 of Block 1, Arthur E. Thorm Addition, and was supported by Mr. Dunn. Planning&Zoning Board May 13, 1998 Page 7 Ms. Wyland explained that if the request is denied at R-1, the applicant needs to wait 12 months to resubmit. She stated the Board can act on R-1 X and submit it to the Council at R-1X with a request to the applicant to redraw the plat to fit R-1X requirements. Or, it can go to the Council with a negative recommendation. Mr. Sampair requested the decision be moved to the City Council, with the Board's suggestion of zoning the area R-IX. He stated they will support a rezoning of R-IX and modify the plat to comply with the standards. Ms. Wyland indicated that the Board would need to defer action on preliminary plat and all drainage issue if the Board rezones the area to R-1X. All preliminary plat and drainage issues would be revisited. Mr. Trehus stated that both the R-1X and R-1 zoning does not work with the area. He strongly opposes the rezoning. Mr. Dunn explained that without MUSA designation the homeowners are prevented from hooking up to sewer. He believes that is a good reason to change the zoning and approve the MUSA. Motion carried 5-1, with Mr. Trehus voting no. Mr. Schilling made a MOTION to approve the allocation of 5.8 acres of gross Interim MUSA Reserve to all of Lots 1, 2, 3, and 4 of Block 2, Arthur E. Thorm Addition and Lots 47 and 48 of Block 1, Arthur E. Thom Addition, and was supported by Mr. Dunn. Motion carried 6-0. Mr. Dunn made a MOTION to table and return to Staff the Preliminary Plat for the Collova Addition, and was supported by Mr. Corson. Motion carried 6-0. Chair Schaps entered the petition into the record. B. PUBLIC HEARING, Lakeland National Bank, 7641 Lake Drive, Conditional Use Permit Chair Schaps declared the public hearing open at 7:53 p.m. The Planning and Zoning Board and Council have approved a site plan review for the Lakeland National Bank which is to be located in a General Business Zoning District which requires a conditional use permit for any accessory drive-through facility. ,.t Staff has determined that the proposed accessory drive-through facility will meet all criteria and Staff recommends approval of the conditional use permit. Planning&Zoning Board May 13, 1998 Page 8 Mr. Wessel stated that approval of the conditional use permit was the third part of the proposed plan. The developers plan to break ground in June, 1998, and open the bank in October, 1998. Mr. Johnson asked how many cars could be stacked in the drive-through lane. Paul Strother, architect for the proposed plan, indicated approximately five cars could be stacked. He stated that the bank doesn't seem to generate much drive-through business. Ms. Wyland stated Staff has determined that the proposed accessory drive-through facility will meet all criteria required and does recommend approval of the conditional use permit. The conditional use permit will be subject to the original conditions of approval outlined in the site plan review with conditions. Mr. Schilling made a MOTION to close the public hearing at 7:59 p.m., and was supported by Mr. Corson. Motion carried 6-0. Mr. Schilling made a MOTION to approve Lakeland National Bank, Lake Drive and Apollo, Conditional Use Permit to allow accessory drive-through, with the following conditions: 1. The Lake Drive access is terminated at such time when southerly public street access (vie Apollo Drive) is provided. 2. The landscape plan is subject to review and approval by the City Forester and CPTED Officer. 3. At such time as a southerly property access is available (and the Lake Drive access is terminated), the Lake Drive parking lot access drive is removed and restored as green area. 4. The proposed Lake Drive (CSAH 23) access location is subject to the review and approval of the City Engineer and Anoka County Highway Department. 5. This conditional use permit is approved. 6. The bank drive-through lane is expanded or redesigned such that the stacking of vehicles (three) does not encroach upon the adjacent parking lot drive aisle. 7. The site plan is revised to identify an off-street loading space. 8. All lighting used to illuminate off-street parking areas are arranged to deflect light away from adjoining properties. Planning&Zoning Board May 13, 1998 Page 9 9. A detailed sign plan is submitted subject to City approval. 10. The submitted utility and grading plan is subject to review and approval by the City Engineer. 11. Site and building plans are subject to review and approval by the Town Center Architectural Review Committee. The MOTION was supported by Mr. Dunn. Motion carried 6-0. Chair Schaps excused himself from the meeting at 8:00 p.m. and Mr. Johnson chaired the remainder of the meeting. C. PUBLIC HEARING,Highland Meadows II (710 79th Street), Rezone from R-1 to R-3 Medium Density Residential Acting Chair Johnson declared the public hearing open at 8:04 p.m. Ms. Wyland stated that North Suburban Development, Inc. is requesting a rezoning from an R-1 Single Family Residential District to an R-3 Medium Density Residential District on a 4.5 parcel located at 710 79th Street. The site adjoins the applicant's Highland Meadow Subdivision which includes a medium density residential area. Jack Menkveld, President of North Suburban Development, stated that they have acquired property based on future zoning. He said that it is not inconsistent to rezone without a detailed plan of development. Without the rezoning, the property they would like to acquire is worthless. North Suburban Development will eventually have a detailed plan prior to construction. Mr. Menkveld asked the Board to recommend to the City Council the rezoning of the property located at 710 79th Street. Mr. Schilling asked if North Suburban Development planned on acquiring more property. Mr. Menkveld indicated they did. John Gusse, 710 79`h Street, stated that the City did suggest his property to be rezoned. He said that the rezoning does fit into the Comprehensive Plan and seems reasonable as the City does have the need for multi-housing development. Mary Ann Hinke, 7901 Nancy Drive, stated that the tentative plans for the property were single family housing on the south side of 79`h Street. If the property were rezoned, there is no guarantee single family housing would be developed. She is opposed to giving up the land and having to deal with more traffic. She indicated she would like a guarantee 1-N that single family housing will be developed before the rezoning is approved. • Planning&Zoning Board May 13, 1998 Page 10 Nancy Boyer, 749 79th Street, stated that she has seen the plat and would like for all the property to have continuity. Single family homes would be acceptable to her. She stated she likes the size of the lots and would like to continue to enjoy the area. Ms. Boyer stated she strongly opposed the rezoning to R-3 if it includes the property adjacent to the street on the southern side. Mr. Menkveld suggested the Board vote to rezone the property, excluding the northern area. The northern area would then provide the R-1 buffer the neighborhood wants. Mr. Schilling stated they would then need a new map and proposal. Mr. Ahrens agreed that a new map and proposal would be needed. Right-of-way issues would have to be addressed and the City would have to see the proposal in detail. Mr. Schilling asked about the time frame regarding building. Mr. Menkveld indicated a year at the earliest. Mr. Dunn stated that the Comprehensive Plan does provide for Multi-Family Housing in the District. The plat has been approved as part of the Highland Meadows Plan. The Board is now faced with changing the zoning. The site plan describes what is going to be developed, and the zoning deals with what is allowed to be developed Ms. Wyland indicated that was correct. If the City approves a rezone with no site plan, some multi-family homes that were not anticipated could be developed. The City has an approved plat that shows townhomes and approving the rezone without the site plan would not guarantee townhomes would be developed. Mr. Dunn stated that it would better serve the City if the Board has both the rezone and site plan. Ms. Wyland agreed that was a better option. Mr. Schilling asked how much time was involved for approval of the rezone of just the rear property. Ms. Wyland stated the application for the rezone of just the rear property could be presented at the next Planning and Zoning meeting. She noted that Staff would still have the same concerns. Mr. Ahrens stated that the engineer for North Suburban Development would have to draft a proposal and he would review it. Mr. Ahrens would obtain the right-of-way requirements prior to the next meeting so there would be no delay. Mr. Gusse, 710 79th South, stated that Mr. Menkveld needed to acquire the property before he can plat it. The time schedule for acquiring the property is June 1, 1998. He suggested the Board approve the rezoning with conditions regarding the plat. Planning&Zoning Board May 13, 1998 Page I I Ms. Wyland stated that the City cannot enforce conditions regarding a rezone. The City can, however, stipulate conditions for a plat. She explained that this is why the Board is hesitant to approve the rezone. Mr. Dunn noted that it is customary to rezone with a plat. Mr. Menkveld indicated that was not true in most cities. He stated that during the platting process of Highland Meadow I, the neighbors were told the property would be used for multi-family housing. Mr. Wessel noted the importance of the Comprehensive Plan. The City is not directing North Suburban Development to build multi-family housing. The Comprehensive Plan only suggests the idea of multi-family housing. He advised that the Comprehensive Plan has not yet been formally recommended. Mr. Dunn stated that he felt a 30 day tabling of the issue was appropriate to settle the issues before a decision can be made. He believes that June 1, 1998, is a self imposed deadline. He encouraged all of those involved to work with the City. Mr. Menkveld asked if the Board would consider the rezoning without a detailed plan, or if the Board would continually delay the property owners. n Mr. Dunn stated that zoning and a site plan are different issues. If the City requires both a problem will occur. He indicated he has no problem with the zoning being independent of the site plan. Mr. Schilling asked if the Board would be able to vote on a proposed rezone at the next meeting. Mr. Corson stated that if the Board approves the rezone to R-3, the site plan could not be denied if all of the requirements were met. The issue has been addressed before and a site plan was required for other developers. He would like the City to be consistent. Mr. Dunn said that occasionally exceptions are made. If an unacceptable site plan was proposed after the rezone, the Board would be faced with a policy decision. Mr. Trehus stated that exceptions should not be made. All information should be presented before a decision is made. Mr. Dunn said that developers will not spend money on a site plan without the desired zoning. Mr. Corson stated that two citizens of the City have concerns that have not yet been ,—� resolved and if the City approves the rezone an unacceptable plat could be forced on them. Ms. Wyland explained that if the front of the property remains R-1 and the rear of Planning&Zoning Board May 13, 1998 Page 12 the property is rezoned R-3, the only access to the rear property is through the front property so the situation is unique. Acting Chair Johnson said that the Board should be cautious, as any change from R-1 to R-3 has a major impact on the neighborhood. Because North Suburban Development plans to acquire more property, he would like to see a site plan and the extent of multi- family homes being developed before approving a rezone. Mr. Menkveld stated that a current site plan would be revised as they acquire more property. A good design would be impossible until all desired property is required. Mr. Schilling said that North Suburban Development should then acquire all desired property before requesting a rezone. Mr. Menkveld stated that there are limitations but they know the area does not extend north of 79th Street and east of Lake Drive. Mr. Schilling stated that the area has not yet been laid out. Mr. Menkveld said that the area was laid out with the preliminary plat of Highland Meadows. Mr. Corson made a MOTION to close the public hearing at 8:35 p.m., and was supported by Mr. Schilling. Motion carried 6-0. Acting Chair Johnson stated that the issue would be revisited at the next Planning and Zoning Board meeting with the following conditions: 1. Applicant present a site plan. 2. Applicant resolve neighborhood's issues. 3. Applicant meet with City Engineer to assure right-of-way requirements are met. 4. Applicant submit a general concept plan illustrating future development option for the adjoining single family lots to the east and south. 5. Applicant waive the 60 day review period for development applications in writing. Mr. Corson made a MOTION to table the rezone of Highland Meadows II (710 79th Street), subject to above conditions, and was supported by Mr. Dunn. Motion carried 5-0. Mr. Dunn asked Ms. Wyland and Mr. Wessel for clarification on the City's position regarding zoning request and site plans. He suggested the issue be put on the Agenda for the next meeting. Planning&Zoning Board May 13, 1998 Page 13 D. Charles Votel, 7306 24th Avenue North, Variance Ms. Wyland indicated that the application involves a request for a variance on the number of accessory buildings and total square footage. Mr. Votel has a 10 1/2 acre parcel of property in the R-BR Zoning District. He currently operates an apple orchard on the site and another 10 acre parcel on the opposite side of the roadway in Hugo. The options include the following: 1. Increase the size of one outbuilding by 552 square feet, thereby requiring a variance only for the number of accessory buildings. 2. Allow the construction of a 552 square foot accessory building, thereby requiring a variance for the number of accessory buildings. 3. Allow construction of an additional accessory building at 768 square feet, thereby requiring a variance for the number of accessory buildings and an additional 215 square feet of accessory building. Mr. Dunn asked if there was an option that would not require a variance. Ms. Wyland indicated that allowing the applicant to add on to the barn or garage would not require a variance. However, the applicant wants more space than adding on would allow. Mr. Dunn asked if the Board's motion would be all inclusive, or if the applicant had to return in 30 days for another approval. Ms. Wyland stated that the motion would be all inclusive. Charles Votel, 7306 24th Avenue North, presented the Board with a picture of his farm. He stated that adding on to the barn or garage does not suit his needs. He would like to have a building that is more appealing for customers to come and purchase the fruit. Acting Chair Johnson asked how he currently markets his apples. Mr. Votel explained that he has a fruit stand which is actually an old chicken coop. He stated there is not much traffic going through the farm, except for possibly on a Saturday or Sunday. Mr. Votel indicated that his business is split by 50% wholesale and 50% retail. Mr. Dunn stated that the farm is very beautiful with very well kept buildings. He would like to see the new space be just as nice, noting this farm could be a model for other farms. Mr. Trehus expressed his concern regarding legalities. He wondered if this was a AOIN. sufficient exception to grant a variance. Planning&Zoning Board May 13, 1998 Page 14 Mr. Dunn noted that this is a very unique property which would be sufficient enough to grant a variance. Mr. Corson stated that he had the same concern as Mr. Trehus. He noted that this is the only apple orchard in Lino Lakes. Mr. Trehus made a MOTION to approve the construction of an additional accessory building at 768 square feet, thereby requiring a variance for the number of accessory buildings and an additional 215 square feet of accessory building, and was supported by Mr. Schilling. Motion carried 5-0. VI. DISCUSSION ITEMS Acting Chair Johnson stated that the Builders Association is requesting involvement from the Planning and Zoning Board. The Builders Association is claiming the MUSA line does not provide enough buildable land and the Builders Association would like to expand. It seems there is a difference of opinion between the Builders Association, Metropolitan Council, and other organizations. The issue is not something the City has a say in; only the Metropolitan Council can allow expansion of the MUSA. Acting Chair Johnson stated that the video and reports might be interesting. Mr. Corson indicated he has seen the video and reports. Acting Chair Johnson stated that the Board would defer the issue until Chair Schaps is present. Ms. Wyland announced the Comprehensive Plan meeting next Thursday, May 21, 1998. VII. ADJOURNMENT Mr. Schilling made a MOTION to adjourn the meeting at 8:50 p.m., and was supported by Mr. Trehus. Motion carried 6-0. Respectfully Submitted, Kim Points, Recording Secretary TimeSaver Off Site Secretarial, Inc.