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HomeMy WebLinkAbout08/22/2005 Council PacketAMENDED AGENDA CITY OF LINO LAKES Monday, August 22, 2005 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike - Call to Order and Roll Call Pledge of Allegiance - Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) August 22, 2005 (Check No. 74513 through 74628 in the amount of $384,114.19). Pg. 4 -15 ii) Centennial Fire District (Check No. 14834 through 14865 in the amount of $12,468.10). Pg. 16 B) Consider Lions Annual Pheasant Feed Pg. 17A -B C) Consider Approving Block Party on Goldenrod Circle Pg. 18 -20 D) Consider minutes of July 11, 2005 City Council Meeting E) Consider minutes of July 20, 2005 Council Work Session F) Consider minutes of July 25, 2005 City Council Meeting G) Consider minutes of August 8, 2005 City Council Meeting 2. Finance Department Report, Al Rolek A) None. Page 1 AMENDED AGENDA 3. Administration Department Report, Dan Tesch A) Consideration of Resolution No. 05 -117, Approving Joint Powers Agreement between County of Anoka and City of Lino Lakes, Assessment of Property Pg. 21 -25 B) Consider Resignation of Sergeant Steve Mortenson Pg. 26 C) Consider Conditional Offer of Employment to Mr. Vince Klosner Pg. 27 4. Public Safety Department Report, Dave Pecchia A) Consideration of Resolution No. 05 -119, Promoting the Use of Intrastate Mutual -Aid Agreements Pg. 28 -30 B) Consideration of Resolution No. 05 -120, Authorizing Appropriation of Unclaimed Property Pg. 31 -32 5. Public Services Department Report, Rick DeGardner A) None. 6. Community Development Department Report, Michael Grochala A) E.G. Rud, Paul Bengtson Pg. 33 -39A i. Consideration of Resolution No. 05 -124, Approving Preliminary Plat ii. Consideration of Resolution No. 05 -125, Approving Final Plat B) Consideration of Resolution No. 05 -123, Denying Variance to rear yard setback from Ordinary High Water Level at 6868 West Shadow Lake Drive, Benton Erickson, Paul Bengtson Pg. 40 -45 C) Public Hearing, Lois Lane Utility Extension, Jim Studenski Pg. 46 -48 D) Foxborough, Jeff Smyser i. Consideration of Resolution No. 05 -122, Approving Development Agreement Pg. 49 -65 Page 2 AMENDED AGENDA ii. Consideration of Resolution No. 05 -121, Approving Final Plat Pg. 66 -71 E) Consideration of Resolution No. 05 -126, Accepting Bids and Awarding Contract, Legacy at Woods Edge, Michael Grochala/Bob Moberg, SEH Pg. 72A - -C F) Consideration of Ordinance No. 05 -05, Amending Sign Ordinance to address temporary signage and additional wall signs, Jeff Smyser Pg. 73 -105 G) Consideration of Ordinance No. 07 -05, Amending Zoning Ordinance to regulate exterior building materials for commercial, industrial and institutional structures, Jeff Smyser Pg. 106 -109 H) Consideration of Resolution No. 05 -118, Approving Plans for CSAH 14/8 Improvement Project, Michael Grochala Pg. 110 -114 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, August 23, 2005 through September 12, 2005: A) Environmental Board Meeting, Wednesday, August 31, 2005, 6:30 p.m. B) EDAC Meeting, Thursday, September 1, 2005, 7:00 a.m. C) City Hall Closed in Observance of Labor Day, Monday, September 5, 2005 D) Park Board Meeting & Tour, Tuesday, September 6, 2005, 6:30 p.m. E) Council Work Session, Wednesday, September 7, 2005, 5:30 p.m. F) City Council Meeting, Monday, September 12, 2005, 6:30 p.m. 10. Adjourn Revised 08/17/05 ajb 11:56 a.m. Page 3 EXPANDED AGENDA CITY OF LINO LAKES Monday, August 22, 2005 Council Chambers City Council meeting 6:30 p.m. (6:32 p.m.) (Scheduled to be broadcast on Channel 16) Open Mike -- THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. - Call to Order and Roll Call -- ALL PRESENT. Pledge of Allegiance - Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) August 22, 2005 (Check No. 74513 through 74628 in the amount of $384,114.19). Pg. 4 -15 ii) Centennial Fire District (Check No. 14834 through 14865 in the amount of $12,468.10). Pg. 16 B) Consider Lions Annual Pheasant Feed Pg. 17A -B C) Consider Approving Block Party on Goldenrod Circle Pg. 18 -20 D) Consider minutes of July 11, 2005 City Council Meeting E) Consider minutes of July 20, 2005 Council Work Session F) Consider minutes of July 25, 2005 City Council Meeting G) Consider minutes of August 8, 2005 City Council Meeting COUNCILMEMBER CARLSON REQUESTED ITEMS 1D, 1E AND 1G BE MOVED TO ITEM 7, UNFINISHED BUSINESS. Page EXPANDED AGENDA MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, FOR APPROVAL OF THE CONSENT AGENDA INCLUDING ITEMS lAi, lAii, 1B, 1C, AND 1F. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) Consideration of Resolution No. 05 -117, Approving Joint Powers Agreement between County of Anoka and City of Lino Lakes, Assessment of Property Pg. 21 -25 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-117 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Consider Accepting Resignation of Sergeant Steve Mortenson Pg. 26 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, ACCEPTING THE RESIGNATION AS RECOMMENDED IN THE STAFF REPORT. THE MOTION PASSED UNANIMOUSLY. C) Consider Conditional Offer of Employment to Mr. Vince Klosner Pg. 27 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, EXTENDING THE CONDITIONAL OFFER OF EMPLOYMENT AS RECOMMENDED IN THE STAFF REPORT. THE MOTION PASSED UNANIMOUSLY. D) Consider Accepting Resignation of Ann Blair, City Clerk Pg. 27A MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, ACCEPTING THE RESIGNATION AS RECOMMENDED IN THE STAFF REPORT. THE MOTION PASSED UNANIMOUSLY. E) Extension of VLAWMO Joint Powers Agreement MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCLMEMBER CARLSON, APPROVING "OPTION 3" OF THE STAFF REPORT, CONDUCTING A LEGAL REVIEW AND SENDING CORRESPONDENCE TO VLAWMO. THE MOTION PASSED UNANIMOUSLY. Page 2 EXPANDED AGENDA 4. Public Safety Department Report, Dave Pecchia A) Consideration of Resolution No. 05 -119, Promoting the Use of Intrastate Mutual -Aid Agreements Pg. 28 -30 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05 -119, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Consideration of Resolution No. 05 -120, Authorizing Appropriation of Unclaimed Property Pg. 31 -32 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05- 120, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 5. Public Services Department Report, Rick DeGardner A) None. 6. Community Development Department Report, Michael Grochala A) E.G. Rud, Paul Bengtson Pg. 33 -39A i. Consideration of Resolution No. 05 -124, Approving Preliminary Plat MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-124, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Consideration of Resolution No. 05 125, Approving Final Plat B) Consideration of Resolution No. 05 -123, Denying Variance to rear yard setback from Ordinary High Water Level at 6868 West Shadow Lake Drive, Benton Erickson, Paul Bengtson Pg. 40 -45 MOTION BY COUNCILMEMBER BERGESON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-123, AS RECOMMENDED BY STAFF. VOTE: FOUR AYES, ONE NAY. THE MOTION PASSED. COUNCILMEMBERS REINERT, DAHL, BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBER CARLSON VOTED NAY. C) Public Hearing, Lois Lane Utility Extension, Jim Studenski Pg. 46 -48 Pate 3 EXPANDED AGENDA MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER REINERT, TO CLOSE THE PUBIC HEARING ON THIS ITEM. THE MOTION PASSED UNANIMOUSLY. D) Foxborough, Jeff Smyser i. Consideration of Resolution No. 05 -122, Approving Development Agreement Pg. 49 -65 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-122, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -121, Approving Final Plat Pg. 66 -71 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -121, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. E) Consideration of Resolution No. 05 -126, Accepting Bids and Awarding Contract, Legacy at Woods Edge, Michael Grochala/Bob Moberg, SEH Pg. 72A —C MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-126, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. F) Consideration of Ordinance No. 05 -05, Amending Sign Ordinance to address temporary signage and additional wall signs, Jeff Smyser Pg. 73 -105 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, APPROVING FIRST READING OF ORDINANCE NO. 05-05, AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. G) Consideration of Ordinance No. 07 -05, Amending Zoning Ordinance to regulate exterior building materials for commercial, industrial and institutional structures, Jeff Smyser Pg. 106 -109 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, APPROVING FIRST READING OF ORDINANCE NO. 07-05, AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. H) Consideration of Resolution No. 05 -118, Approving Plans for CSAH 14/8 Improvement Project, Michael Grochala Pg. 110 -114 Page 4 EXPANDED AGENDA MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-118, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 7. Unfinished Business A) None. 8. New Business A) CONSIDER MINUTES OF JULY 11, 2005 CITY COUNCIL MEETING B) CONSIDER MINUTES OF JULY 20, 2005 COUNCIL WORK SESSION C) CONSIDER MINUTES OF AUGUST 8, 2005 CITY COUNCIL MEETING COUNCILMEMBER CARLSON PROPOSED MINOR CHANGES TO THESE THREE SETS OF MINUTES. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, APPROVING THESE SETS OF MINUTES AS AMENDED. THE MOTION PASSED UNANIMOUSLY. 9. Community Calendar, August 23, 2005 through September 12, 2005: A) BUDGET WORK SESSION, TUESDAY, AUGUST 30, 2005, 4:30 P.M. B) Environmental Board Meeting, Wednesday, August 31, 2005, 6:30 p.m. C) EDAC Meeting, Thursday, September 1, 2005, 7:00 a.m. D) City Hall Closed in Observance of Labor Day, Monday, September 5, 2005 E) Park Board Meeting & Tour, Tuesday, September 6, 2005, 6:30 p.m. F) Council Work Session, Wednesday, September 7, 2005, 5:30 p.m. F) City Council Meeting, Monday, September 12, 2005, 6:30 p.m. 10. Adjourn Page 5 EXPANDED AGENDA MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, TO ADJOURN THE MEETING AT 9:46 P.M. THE MOTION PASSED UNANIMOUSLY. Revised 08/17/05 ajb 11:56 a.m. Page 6 • EXPENDITURES AUGUST 22, 2005 • • Date: 08/04/2005 Time: 09:29:34 Ranges: Vendor #: (A) ® Invoice #: (A) Entry Journal #: (R) 4845 4845 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000721 KOOLMO, DANIELLE 1 49.00 49.00 .00 .00 000970 VERIZON WIRELESS 1 57.24 57.24 .00 .00 001100 CIRCLE PINES POST OFFICE 2 691.68 691.68 .00 .00 001550 FORTIS BENEFITS, INC. 1 930.46 930.46 .00 .00 001933 OCONNOR, MICHAEL /LINDA 1 42.35 42.35 .00 .00 001956 ROBINSON, CLARK 1 2,500.00 2,500.00 .00 .00 002103 SMITH, TOM 1 372.00 372.00 .00 .00 003491 PETTY CASH 1 73.89 73.89 .00 .00 004040 SMITH, PEG 1 181.03 181.03 .00 .00 004788 SPRINT 1 58.85 58.85 .00 .00 900066 AVALON HOMES, INC. 1 1,500.00 1,500.00 .00 .00 Grand Totals: 12 6,456.50 6,456.50 .00 .00* • Date: 08/12/2005 Time: 09:02:49 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4863 - 4863 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: FM Entry - Invoice Journal Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name Discount # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 1 35.10 35.10 .00 .00 000065 SCHARBER & SONS, INC. 1 36.73 36.73 .00 .00 000093 ACE SOLID WASTE, INC. 2 920.64 920.64 .00 .00 000094 PEARSON BROTHERS, INC. 1 48,666.65 48,666.65 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 129.37 129.37 .00 .00 000118 SNAP -ON INDUSTRIAL, INC. 2 1,588.09 1,588.09 .00 .00 000157 ALL SEASONS RENTAL, INC. 2 116.62 116.62 .00 .00 000158 ALL STAR SPORTS, INC. 1 5,955.04 5,955.04 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 2 690.44 690.44 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 130.19 130.19 .00 .00 000234 W.B. MILLER, INC. 1 33,870.51 33,870.51 .00 .00 (1,3 WIPERS AND WIPES, INC. 4 931.13 931.13 .00 .00 000295 HARRIS MECHANICAL SERVICES, INC. 1 316.50 316.50 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 90.96 90.96 .00 .00 000408 AFSCME COUNCIL #5 1 749.47 749.47 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 1 21.30 21.30 .00 .00 000649 MSTMA C/O RANDY BASTYR 1 50.00 50.00 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 1,169.67 1,169.67 .00 .00 000698 KEY LAND HOMES 2 9,000.00 9,000.00 .00 .00 000718 HOMES BY J BROWN 1 2,500.00 2,500.00 .00 .00 000720 BLAINE, CITY OF 1 380.00 380.00 .00 .00 • Date: 08/12/2005 Time: 09:02:50 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # Name # of items Net Gross Discount Lost 000768 SPORTS UNLIMITED, INC. 1 1,664.00 1,664.00 .00 .00 000860 BROADWAY AWARDS, INC. 1 191.70 191.70 .00 .00 000868 MEDTRONIC 1 3,055.41 3,055.41 .00 .00 000900 W E LAHR COMPANY 1 408.61 408.61 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 914.64 914.64 .00 .00 000950 C. W. HOULE, INC. 1 590.00 590.00 .00 .00 000997 ASPEN EQUIPMENT COMPANY, INC. 1 1,678.44 1,678.44 .00 .00 001000 CATCO PARTS, INC. 1 15.54 15.54 .00 .00 001008 COLUMBUS, TOWN OF 1 3,143.40 3,143.40 .00 .00 001014 T/C BUILDERS, INC. 2 6,000.00 6,000.00 .00 .00 001050 CENTENNIAL SCHOOLS 1 8,663.41 8,663.41 .00 .00 001109 CHEMSEARCH, INC. 1 198.33 198.33 .00 .00 001115 CHICILO HOMES, INC. 1 2,500.00 2,500.00 .00 .00 001187 CONNEXUS ENERGY 1 4,078.33 4,078.33 .00 .00 001260 ACCLAIM BENEFITS 1 144.20 144.20 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 4.79 4.79 .00 .00 •0 DALCO, INC. 1 51.12 51.12 .00 .00 001280 DAVIES WATER EQUIPMENT CO., INC. 1 16.06 16.06 .00 .00 001292 DEHN OIL COMPANY, INC. 2 6,257.42 6,257.42 .00 .00 001339 URS CORPORATION 1 13,325.49 13,325.49 .00 .00 001349 E. H. RENNER & SONS, INC. 1 30,281.15 30,281.15 .00 .00 001475 TASER INTERNATIONAL, INC. 1 75.00 75.00 .00 .00 001530 FOREST LAKE FORD, INC. 1 306.40 306.40 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 89.84 89.84 .00 .00 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 415.00 415.00 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 130.56 130.56 .00 .00 001620 DEEP ROCK WATER COMPANY 1 117.75 117.75 .00 .00 • Date: 08/12/2005 Time: 09:02:50 City of Lino Lakes FM Entry - Invoice Journal •r # Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 001660 GOPHER BEARING COMPANY, INC. 1 159.62 159.62 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 756.00 756.00 .00 .00 001752 MOONEN, PATRICK 1 124.58 124.58 .00 .00 001841 HIGHLIFT EQUIPMENT COMPANY, INC. 1 161.86 161.86 .00 .00 001860 KENNEDY AND GRAVEN, INC. 2 3,004.75 3,004.75 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 38.70 38.70 .00 .00 002105 KARAS, BILL 1 50.00 50.00 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 60.69 60.69 .00 .00 002110 KATH AUTO PARTS, INC. 1 4.94 4.94 .00 .00 002149 PALERMO- KELLIHER, TERI 1 55.00 55.00 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 463.95 463.95 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 888.00 888.00 .00 .00 002209 WALL ENTERPRISES, INC. 1 259.53 259.53 .00 .00 002211 EEC CORPORATION 1 1,258.47 1,258.47 .00 .00 002212 CLOUD NINE GRAPHIC DESIGN, INC. 1 870.00 870.00 .00 .00 002220 LABOR RELATIONS, INC. 1 224.00 224.00 .00 .00 060 NHA HEATING & AIR CONDITIONING 1 3,462.00 3,462.00 .00 .00 002278 TRAFFIC DATA INC. 1 2,185.0D 2,185.00 .00 .00 002279 FLOHAUG, GINGER 1 200.00 200.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 1 257.00 257.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 472.18 472.18 .00 .0D 002517 MEADOW VIEW HOMES 3 7,500.00 7,500.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 68,054.56 68,054.56 .00 .00 002694 SEC, INC. 1 28.57 28.57 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 261.07 261.07 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003050 MRPA 1 140.00 140.00 .00 .00 • Date: 08/12/2005 Time: 09:02:51 City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount r # Name # of items Net Gross Discount Lost 003123 NATURE CALLS, INC. 1 840.45 840.45 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 76.94 76.94 .00 .00 003250 XCEL ENERGY 1 5,956.14 5,956.14 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 532.00 532.00 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 4 4,000.84 4,000.84 .00 .00 003390 OFFICEMAX, INC. 1 25.13 25.13 .00 .00 003512 PIONEER RIM & WHEEL COMPANY, INC. 1 161.76 161.76 .00 .00 003524 PITNEY BOWES, INC. 4 1,153.00 1,153.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 27.60 27.60 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 2 43,785.30 43,785.30 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 1 82.15 82.15 .00 .00 003910 SAM'S CLUB, INC. 1 260.93 260.93 .00 .00 004059 SMYSER, JEFF 1 88.09 88.09 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 81.52 81.52 .00 .00 004240 STREICHER'S, INC. 2 202.19 202.19 .00 .00 III° T.A. SCHIFSKY AND SONS, INC. 2 2,123.69 2,123.69 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 774.90 774.90 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 5 809.75 809.75 .00 .00 004560 U S BANK 1 2,685.87 2,685.87 .00 .00 004562 NATIONAL WATERWORKS, INC. 2 3,872.68 3,872.68 .00 .00 004590 UNIFORMS UNLIMITED, INC. 4 1,411.50 1,411.50 .00 .00 005032 CENTRAL WOOD PRODUCTS, INC. 1 1,147.54 1,147.54 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 227.54 227.54 .00 .00 900076 PROCRAFT HOMES, INC. 2 8,000.00 8,000.00 .00 .00 900224 NORTH COUNTRY BUILDERS 4 13,000.00 13,000.00 .00 .00 900491 ROSEVILLE, CITY OF 2 3,333.34 3,333.34 .00 .00 • Date: 08/12/2005 Time: 09:02:51 City of Lino Lakes FM Entry - Invoice Journal # Name • • Operator: JAL Page: 5 Discount # of items Net Gross Discount Lost Grand Totals: 140 377,657.69 377,657.69 .00 .00* - 10 - Date: 08/12/2005 Time: 10:30:39 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 4851 - 4864 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 0 0 74516 0 0 0 0 74518 0 0 0 0 0 0 1111f19 0 0 0 74521 0 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount ADVANCED GRAPHIX, INC. AFSCME COUNCIL #5 AVALON HOMES, INC. CHICILO HOMES, INC. HOMES BY J BROWN KENNEDY AND GRAVEN, IN KEY LAND HOMES KOOLMO, DANIELLE LAW ENFORCEMENT LABOR MEADOW VIEW HOMES MEDTRONIC METRO COUNCIL WASTEWAT MN CHILD SUPPORT PAYME NORTH COUNTRY BUILDERS OCONNOR, MICHAEL /LINDA PALERMO - KELLIHER, TERI PRESS PUBLICATIONS, IN PROCRAFT HOMES, INC. ROBINSON, CLARK T/C BUILDERS, INC. GRAPHICS /SPEED TRAILER PAYROLL WITHHOLDING REIMB BLDG ESCROW /376 SI REIMS BLDG ESCROW /1529 S REIMS BLDG ESCROW /1535 S LEGAL SERVICE /JUNE REIMS BLDG ESCROW /6536 S REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMB BLDG ESCROW /1516 S LIFEPAK -SETUP /CASE /BATTE JULY SAC /AUGUST SEWER PAYROLL WITHHOLDING REIMS BLDG ESCROW /366 RA REIMBURSE BUILDING PERMI REIMBURSE PROGRAM REC ADVERTISING REIMB BLDG ESCROW /6263 W REIMB BLDG ESCROW /5 MAIN REIMB BLDG ESCROW /1595 S Total for Dept ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** O BLAINE, CITY OF PROGRAM REC OUTINGS ADULT IN Total for Dept 201 O BROADWAY AWARDS, INC. TROPHY ADULT SP 0 KARAS, BILL REIMBURSE PROGRAM REC ADULT SP 0 MRPA SOFTBALL TEAM REGISTRATI ADULT SP Total for Dept 202 O U S BANK SUPPLIES . Total for Dept 205 SPECIAL O ALL STAR SPORTS, INC. SOCKS /TEE SHIRTS /SHIN GU YOUTH IN 74520 PETTY CASH POSTAGE /SUPPLIES YOUTH IN O SAM'S CLUB, INC. SUPPLIES YOUTH IN 129.37 749.47 1,500.00 2,500.00 2,500.00 844.75 9,000.00 49.00 888.00 7,500.00 55.41 22,968.00 246.42 13,000.00 42.35 55.00 18.40 8,000.00 2,500.00 6,000.00 78,546.17* 380.00 380.00* 191.70 50.00 140.00 381.70* 279.41 279.41* 4,778.52 6.37 7.62 Date: 06/12/2005 Time: 10:30:39 Operator: JAL 0 # Vendor Alpha Name Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Amount 0 SKYHAWKS SPORTS ACADEM PROGRAM REC 0 SPORTS UNLIMITED, INC. PROGRAM REC O U S BANK SUPPLIES ' Total for Dept 207 YOUTH IN YOUTH IN YOUTH IN 0 ALL STAR SPORTS, INC. SOCKS /TEE SHIRTS /SHIN GU YOUTH SP 0 FLOHAUG, GINGER PROGRAM REC /TRAIN SOCCER YOUTH SP Total for Dept 208 O CLOUD NINE GRAPHIC DES NEWSLETTER TEMPLATE 0 TIMESAVER OFF -SITE SEC AUG 3 0 U S BANK SUPPLIES Total for Dept 401 O ACCLAIM BENEFITS 74517 FORTIS BENEFITS, INC. O LABOR RELATIONS, INC. O PREMIUM WATERS, INC. 74524 SPRINT O U S BANK FLEXIBLE SPENDING ADMINI LONG TERM DISABILITY INS CONSULTANT /JOB EVALUATIO MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY SUPPLIES Total for Dept 402 0 TIMESAVER OFF -SITE SEC AUG 4 Total for Dept 405 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SENIORS 74522 SMITH, PEG REIMBURSE MILEAGE /JAN -MA SENIORS 74523 SMITH, TOM REIMBURSE CHAIRS /SENIOR SENIORS Total for Dept 406 11111117 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FINANCE 0 GOVERNMENT FINANCE OFF CHECK LOST /REISSUE CERTI FINANCE 0 ROSEVILLE, CITY OF MONTHLY SERVICE /AUGUST FINANCE Total for Dept 407 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ECONOMIC 0 KENNEDY AND GRAVEN, IN LEGAL SERVICE /JUNE ECONOMIC 0 LANDFORM ENGINEERING C MASTER PLANNING SERVICE/ ECONOMIC Total for Dept 415 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PLANNING 0 PRESS PUBLICATIONS, IN ADVERTISING PLANNING 0 SMYSER, JEFF MILEAGE /PARKING /DUES PLANNING Total for Dept 416 0 TRAFFIC DATA INC. MECHANICAL COUNT ENGINEER Total for Dept 417 MAYOR /CO MAYOR /CO MAYOR /CO ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST CHARTER 0 ANOKA COUNTY G.I.S. DI MAP /CITY OWNED PROPERTY COMM DEV 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS COMM DEV • 532.00 1,664.00 230.95 7,219.46* 1,176.52 200.00 1,376.52* 870.00 474.75 276.50 1,621.25* 144.20 80.03 224.00 35.10 58.85 846.61 1,388.79* 167.50 167.50* 4.81 181.03 372.00 557.84* 48.79 415.00 3,333.34 3,797.13* 14.34 2,160.00 1,169.67 3,344.01* 27.68 9.20 88.09 124.97* 2,185.00 2,185.00* 21.30 29.88 Date: 08/12/2005 • Time: 10 :30:39 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 74517 0 0 0 0 0 0 0 0 0 74525 Description Dept Amount Total for Dept 418 CONNEXUS ENERGY FAST BREAK CORNER MARK FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE KATH AUTO PARTS, INC. MEDTRONIC SAM'S CLUB, INC. SHRED -IT, INC. STREICHER'S, INC. TASER INTERNATIONAL, I U S BANK UNIFORMS UNLIMITED, IN VERIZON WIRELESS 74517 FORTIS BENEFITS, 74517 0 0 0 FORTIS BENEFITS, IMAGE PRINTING & MOONEN, PATRICK OFFICEMAX, INC. MONTHLY SERVICE /JULY CAR WASH LONG TERM DISABILITY INS PARTS /SUPPLIES PIN PUNCH LIFEPAK -SETUP /CASE /BATTE SUPPLIES DESTROY CONFIDENTIAL MAT UNIFORM SUPPLIES BATTERY PACK /HANDLE SUPPLIES BATTERY HOLDERS MONTHLY SERVICE /JULY Total for Dept 420 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE INC. LONG TERM DISABILITY INS FIRE Total for Dept 421 INC. LONG TERM DISABILITY INS GRAPH PRINTING REIMBURSE CLOTHING ALLOW SUPPLIES Total for Dept 422 BUILDING BUILDING BUILDING BUILDING 0 C. W. HOULE, INC. CATCHBASIN REPAIR STREETS 0 COLUMBUS, TOWN OF CALCIUM CHLORIDE TO PINE STREETS 111/1 0 CONNEXUS ENERGY MONTHLY SERVICE /JULY STREETS 0 DIAMOND VOGEL PAINTS, STREET PAINT STREETS 517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS STREETS 0 SBC, INC. MONTHLY SERVICE /AUGUST STREETS 0 T.A. SCHIFSKY AND SONS ASPHALT STREETS Total for Dept 430 0 0 0 0 0 0 74517 0 0 0 0 0 0 0 0 • AMERICAN FASTENER & SU DRILL SET ASPEN EQUIPMENT COMPAN RHINO /POST POUNDER CATCO PARTS, INC. FITTING /HOSE DEHN OIL COMPANY, INC. GASOHOL FACTORY MOTOR PARTS CO BATTERY FOREST LAKE FORD, INC. FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE GILLUND ENTERPRISES, I HIGHLIFT EQUIPMENT COM PIONEER RIM & WHEEL .00 SCHARBER & SONS, INC. SNAP -ON INDUSTRIAL, IN ST. JOSEPH EQUIPMENT, THANE HAWKINS POLAR CH FLEET FLEET FLEET FLEET FLEET PROCESSOR FLEET LONG TERM DISABILITY INS FLEET PARTS /SUPPLIES FLEET RUST PENETRANT /GREASE /DE FLEET SEAL FLEET HITCH BALL /CONNECTOR FLEET BRACKET FLEET TOOLS FLEET HOSE SAVER FLEET PARTS /SUPPLIES FLEET 51.18* 21.31 4.79 374.62 2.12 4.94 3,000.00 91.33 54.95 202.19 75.00 587.98 1,411.50 57.24 5,887.97* 40.34 40.34* 50.80 253.42 124.58 25.13 453.93* 590.00 3,143.40 785.09 914.64 70.78 9.52 2,123.69 7,637.12* 130.19 1,678.44 15.54 6,257.42 76.94 306.40 13.42 10.39 130.56 161.86 161.76 36.73 1,588.09 81.52 774.90 Date: 08/12/2005 Time: 10:30:40 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description O TOLL GAS & WELDING SUP SENSOR 0 W E LAHR COMPANY PARTS /SUPPLIES 0 WINGFOOT COMMERCIAL TI TIRES Total for Dept 431 0 ACE SOLID WASTE, INC. SOLID WASTE /AUGUST 0 AMERIPRIDE LINEN /APPAR MAT RENTAL 0 CENTENNIAL SCHOOLS FIBEROPTIC AGREEMENT 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /JULY 0 CHEMSEARCH, INC. SUPPLIES 0 CONNEXUS ENERGY MONTHLY SERVICE /JULY 0 DALCO, INC. SOAP DISPENSERS 0 DEEP ROCK WATER COMPAN MONTHLY SERVICE /JULY 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS GOVERNME 0 GOPHER BEARING COMPANY BELTS GOVERNME 0 HARRIS MECHANICAL SERV REMOVE /REPLACE COVER -678 GOVERNME 0 IMAGE PRINTING & GRAPH PRINTING 0 LEAGUE OF MN CITIES IN MONOPOLE INSURANCE 74520 PETTY CASH POSTAGE /SUPPLIES 0 PITNEY BOWES, INC. MAINTENANCE O U S BANK SUPPLIES O WIPERS AND WIPES, INC. SUPPLIES O XCEL ENERGY MONTHLY SERVICE /JULY Total for Dept 432 Dept FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 0 ACE SOLID WASTE, INC. SOLID WASTE /AUGUST O ALL SEASONS RENTAL, IN SOD CUTTER RENTAL 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /JULY 0 CENTRAL WOOD PRODUCTS, MULCH /REC STEP 0 CONNEXUS ENERGY MONTHLY SERVICE /JULY PARKS 517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PARKS 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES O HUGO FEED MILL & ELEVA BEARINGS /NUT ASSEMBLY 0 MSTMA C/0 RANDY BASTYR TOUR /STEVE G O NATURE CALLS, INC. PORTABLE RESTROOMS O NORTHWAY IRRIGATION /LA HEADS 0 TBS OFFICE AUTOMATIONS MAINTENANCE CONTRACT O WALL ENTERPRISES, INC. WHEEL /TIP Total for Dept 450 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARICS PARKS PARKS PARKS 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS RECREATI O SAM'S CLUB, INC. SUPPLIES RECREATI O TBS OFFICE AUTOMATIONS MAINTENANCE CONTRACT RECREATI Total for Dept 451 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ENVIRONM 0 TIMESAVER OFF -SITE SEC JULY 27 ENVIRONM Total for Dept 461 O SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA • Amount 60.69 408.61 690.44 12,583.90* 698.34 90.96 8,663.41 113.24 198.33 1,458.79 51.12 117.75 8.39 159.62 316.50 218.76 257.00 25.86 1,153.00 464.42 931.13 5,956.14 20,882.76* 222.30 116.62 41.60 1,147.54 42.60 66.94 31.47 38.70 50.00 840.45 1,206.84 56.88 259.53 4,121.47* 35.42 161.98 170.66 368.06* 10.53 167.50 178.03* 82.15 Date: 08/12/2005 Time: 10:30:40 0 # Vendor Alpha Name Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Amount Total for Dept 462 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FORESTRY 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES FORESTRY Total for Dept 463 0 BEC CORPORATION 0 CENTERPOINT /MINNEGASCO 74513 M CIRCLE PINES POST OFFI 74515 M CIRCLE PINES POST OFFI 0 CONNEXUS ENERGY 74517 FORTIS BENEFITS, INC. O FRATTALLONE'S HARDWARE 0 INSTRUMENTAL RESEARCH, 0 NATIONAL WATERWORKS, I 0 NHA HEATING & AIR COND 0 ONE CALL CONCEPTS, INC 74520 PETTY CASH 0 SBC, INC. PRESSURE RECORDER /COVER/ MONTHLY SERVICE /JULY UTILITY BILLING POSTAGE WATER MAILING POSTAGE MONTHLY SERVICE /JULY LONG TERM DISABILITY INS PARTS /SUPPLIES COLIFORM WATER TESTING WIRE TROUBLESHOOT CIRCUIT BOA MONTHLY SERVICE /JULY POSTAGE /SUPPLIES MONTHLY SERVICE /AUGUST Total for Dept 494 82.15* 5.31 6.87 12.18* WATER 1,258.47 WATER 106.23 WATER 257.31 WATER 177.06 WATER 1,398.93 WATER 24.18 WATER 38.99 WATER 90.00 WATER 3,872.68 WATER 3,462.00 WATER 378.00 WATER 41.66 WATER 14.29 11,119.80* 74513 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 0 CONNEXUS ENERGY MONTHLY SERVICE /JULY SEWER O DAVIES WATER EQUIPMENT BUSHING /METER SEWER 74517 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SEWER 0 METRO COUNCIL WASTEWAT JULY SAC /AUGUST SEWER SEWER O NORTHWAY IRRIGATION /LA. INSTALL IRRIGATION SYSTE SEWER 0 ONE CALL CONCEPTS, INC MONTHLY SERVICE /JULY SEWER 0 SBC, INC. MONTHLY SERVICE /AUGUST SEWER Total for Dept 495 • 0 • E. H. RENNER & SONS, I O PEARSON BROTHERS, INC. 0 SHORT - ELLIOTT - HENDRICK O URS CORPORATION O W.B. MILLER, INC. O WILSON DEVELOPMENT SER CONTRACTOR /WELL #5 CONTRACTOR /'05 SEALCOAT STAFF APPROVED LAYOUT /JU PROFESSIONAL SERVICE /JUL CONTRACTOR /HOLLY DRIVE ACQUISITION /RELOCATION S Total for Dept 499 257.31 371.61 16.06 24.20 45,086.56 2,794.00 378.00 4.76 48,932.50* OTHER 30,281.15 OTHER 48,666.65 OTHER 43,785.30 OTHER 13,325.49 OTHER 33,870.51 OTHER 463.95 170,393.05* Grand Total 384,114.19* • • Centennial Fire District Check Register 8/15/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 8/12/2005 14834 8/12/2005 14835 8/12/2005 14836 8/12/2005 14837 8/12/2005 14838 8/12/2005 14839 8/12/2005 14840 8/12/2005 14841 8/12/2005 14842 8/12/2005 14843 8/12/2005 14844 8/12/2005 14845 8/12/2005 14846 8/12/2005 14847 8/12/2005 14848 8/12/2005 14849 8/12/2005 14850 8/12/2005 14851 8/12/2005 14852 8/12/2005 14853 8/12/2005 14854 8/12/2005 14855 8/12/2005 14856 8/12/2005 14857 8/12/2005 14858 8/12/2005 14859 8/12/2005 14860 8/12/2005 14861 8/12/2005 14862 8/12/2005 14863 8/12/2005 14864 8/12/2005 14865 Arthur Mohler Center Frame and Wheel Alignment, Inc. Comcast David Bruder Emergency Apparatus Maintenance Emergency Medical Products, Inc. Image Printing & Graphics Loffler Business Systems McLeod USA Medtronic Emergency Response Systems Milo Bennett National Assoc. for Search and Rescue National Fire Codes Subscription Service Nextel Qwest The Youth's Company Viking Office Products Xcel Energy Aspen Mills All Star Sports, Inc. Arthur Mohler Circle Pines Sausage Crown Trophy David Bruder Janet Haapoja Kalli Haapoja Kristine Hallblade Laura Louis Liz Sheehy Meghan Page Milo Bennett The Youth's Company Total ACCOUNT 42190 - Fire Prevention Supplies 42000 - Vehicle Maintenance 42180 - Office Supplies Expense 42110 - Other Maintenance 42000 - Vehicle Maintenance 42260 - Medical Supplies 42190 - Fire Prevention Supplies 42180 - Office Supplies Expense 42240 - Telephone 42130 - Equipment Expense 42180 - Office Supplies Expense 42200 - Dues and Memberships 42210 - Subscriptions 42240 - Telephone 42240 - Telephone 42190 - Fire Prevention Supplies 42180 - Office Supplies Expense 42254 - Station 2 - Electric 42120 - Uniform Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense 45010 - Safety Camp Expense AMOUNT 34.05 145.00 95.00 1.59 1,402.67 104.28 898.59 31.48 360.93 4,848.83 7.44 54.00 625.50 143.59 187.90 170.18 36.61 631.96 168.50 801.07 28.29 199.50 482.71 53.43 32.95 162.50 10.00 100.00 439.00 84.50 83.51 42.54 12,468.10 AGENDA ITEM 1B STAFF ORIGNINATOR: Ann Blair, City Clerk MEETING DATE: August 22, 2005 TOPIC: Consider Approval of Resolution No. 05 -127, Application to Conduct Off -Site Gambling and Temporary On -Sale Liquor License for Lino Lakes Lions Club VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Lino Lakes Lions Club is planning its annual fundraising "pheasant feed" to be held on Saturday, September 24, 2005 at St. Joseph Catholic Church, 171 Elm Street. The Lino Lakes Lions Club is requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License application, which is necessary to allow the Lions Club to mix and dispense liquor that will be served as part of the dinner. The club is also requesting approval of an application to conduct off -site gambling. City policy requires a background investigation each time a permit or license application is received. The Lino Lakes Police Department is conducting an investigation of the applicant. A copy of the applications and a copy of the certificate of liquor liability insurance are on file in the city clerk's office. OPTIONS: 1. Approve Resolution No. 05 -127, application for the 1 to 4 day temporary on -sale liquor license and application to conduct off -site gambling. 2. Deny Resolution. RECOMMENDATIONS: 1. Approve Resolution No. 05 -127. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 05 -127 RESOLUTION APPROVING LINO LAKES LIONS CLUB APPLICATION FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE AND APPLICATION TO CONDUCT OFF -SITE GAMBLING WHEREAS, Minnesota Statute, Section 340, allows the city council to issue a temporary on -sale liquor license to a non - profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Lino Lakes Lions Club has submitted application for a temporary on- sale liquor license; and WHEREAS, the Lino Lakes Lions Club has submitted the application to conduct off -site gambling at St. Joseph Catholic Church; and WHEREAS, the Lino Lakes Lions Club has paid the required fees, and WHEREAS, the City of Lino Lakes has conducted an investigation of the Lino Lakes Lions Club, and WHEREAS, the Alcohol & Gambling Enforcement Division requires the applications be approved by the City of Lino Lakes City Council before submitting for approval. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of the Lino Lakes Lions Club for a temporary on -sale liquor license and approval to conduct off -site gambling at St. Joseph Catholic Church on September 24, 2005. Adopted by the Lino Lakes City Council this 22nd day of August, 2005. ATTEST: Ann Blair, City Clerk John Bergeson, Mayor - • • AGENDA ITEM 1C STAFF ORIGINATOR: Jean Viger DATE: August 22, 2005 TOPIC: Consider Approving Application for Block Party, Goldenrod Circle VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: A neighborhood block party is being planned for August 27, 2005. The block party is scheduled to begin at 2:00 p.m. and end at 10:00 p.m. and will be held in the cul- de -sac, Goldenrod Circle. Attached is a map showing the location of the proposed party. The property owners residing in the cul -de -sac have signed the petition indicating they consent or do not object to the party. These property owners are indicated by the slant marks on the map. Note: the property 1550 Goldenrod Circle is vacant. I've forwarded the block party information to the police department and the public services department and asked that they respond with any concerns. They have no concerns. Public Services, the Streets Division, will provide barricades and a police officer may stop by to introduce himself/herself and answer any questions that residents may have. OPTIONS: 1. Approve application for the block party. 2. Deny application for the block party. RECOMMENDATION: Option No.1 !OO.EC —...etiete4r2 0000 0 0 0020 0 0 001E0 0 as 00000 0 0 00•2210 02 am 0002033 ea 0000 0 0 0 0 caa=.• 0 023 0000 OD cm 0000003 01••--00 0 40030 0 00 0000 0 0 00030 • 0 0000,„3.,32. 0 0 00,..0220300300,30 71,47.:Ai#1.Y.W.*W4' 00 0000 0 0 0 32.23J030 0013..3.3, '017 f7 -- r4' ulam -ss ‘'s mit 7 (MK 444 s, POI grer4 ( t;24,K7 ; t44-M3 eo.U• 1441.14 sa.!L %war, t7' CZ 2.14•21.61 MAcIV5.110 TOTAL 01,111.DT AC, TtrAL LOT AMA-- UPLAND L E_ E—.. gi.08 AC. ammuni., nr 17 1..414 *e. -cgr, .z.te.,,Aig: • .:=Ar.-6.12NZ.V41,14iff ..• • P.' RE ItR.IIE ,A=••., i\ ":911PIHEA S A-Al T; 1 , '-:sisi4;37'.%, 12 4!3;211 1 -.-13 i:REsE.10 /640!312i, 223 PRE4ERVE.:.\ L i I. e 0/L TkAS TN; i 4A.*Yilfed4) rsIT IkAtAgEi 2 4\ r#1Vn4E t BIWIDYW.d9D 4 E.STIFEMPr. 'ADD_ 1!* 411. "44:54,r7J49 irQ!61.413 2 •P';• - I a 1 ■ t•-- V; I t.2-•-i OIL 42 j <AI; 1 1 c 4E5 ./744V)<Y2:7" - • + ZiciP ' ,..,,,,. le 1 .- l--,- *ii-1 • E VISi". 4 '....'. 1 -13-1 1 •Itt-'71-.- , 2 /1,117-3, 2 -..-i I ....e's 21\ 20 \II! ..19." ..;;51 7 .-i, gY .f) °-'c ......... , „ ; ! : i i I , '' 1 i... I, A • tri ! ' , .---; i 1 )-- ,,- I I I ...„:-....i . i 1 i 0 , r r"7"-T54 1 ./.." ,,,,,,,:> i 1 i I , • .." . t 1 ■ --. 1 ....5.- 1 1 t I t 1 I 7 e ,-/ e i,....7 , ,,,, , -21 H i 1 1 1 1 1 li ri L Amelia Lake - 20 - • '14 -k•-• .T7.1; • • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Gordon Heitke, City Administrator August 22, 2005 Resolution No. 05 -117, Approving Joint Powers Agreement between the City of Lino Lakes and the County of Anoka for Assessment of Property Simple Majority Anoka County has provided the City with a Joint Powers Agreement providing for Annual Assessment Services performed by the County and paid for by the City. The Joint Powers Agreement provides for the City of Lino Lakes to: A) Contract with the County of Anoka for assessment services. B) Have a Joint Powers Agreement for assessment services from January 16, 2006 through those performed in the year 2008. Staff is recommending approval of the agreement. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 05 -117, Approving the Joint Powers Agreement 3. Not adopt Resolution No. 05 -117 RECOMMENDATION: Option No. 2 • CITY OF LINO LAKES RESOLUTION NO. 05 -117 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY WHEREAS, Pursuant to Minnesota Statutes §273.072, any county and city, Tying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. §471.59, provide for the assessment of property in the City by the County Assessor; and \WHEREAS, Pursuant to Minn. Stat. §273.03, subd. 2, the agreement may provide for the abolition of the office of the City Assessor when the assessment of the property within the City is made under an agreement by the County Assessor; and WHEREAS, it is the wish of the City to cooperate with the County provide for a fair and equitable assessment of the property within the City; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. §471.59 ® NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with Anoka County for the Assessment of Property. Adopted by the City Council this 22nd day of August, 2005. Ann J. Blair, City Clerk • John J. Bergeson, Mayor • • • Anoka County Contract No. (ttc° 0) 2 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY THIS AGREEMENT is made and entered into this day of 2005, by and between the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, hereinafter referred to as the "Municipality," and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County." WITNESSETH: WHEREAS, pursuant to Minn. Stat. § 273.072, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. §273.03, subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to made under an agreement by the county assessor; and WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: That said Municipality constitutes a separate assessment district which lies wholly within the County and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2007, provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat. § 273.072, subd. 2, the office of the city assessor in the Municipality shall cease to exist on January 16, 2006, but not before the end of the term of the current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this Agreement, the office of city assessor shall be • automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn. Stat. § 273.072. • • III. The term of this Agreement shall be from January 16, 2006, through assessment services performed in the year 2008, unless earlier terminated as provided herein. IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 2007 Assessment services payable on or before January 15, 2006 2008 Assessment services payable on or before January 15, 2007 V. For year 2007 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and 50/100s ($10.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property B. Sixty Dollars and 00 /100s ($60.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property C. Sixty Dollars and 00 /100s ($60.00) for each improved and unimproved parcel of apartment and mobile home park type property D. Three Dollars and 50 /100s ($3.50) for each unimproved residential, seasonal recreational residential and agricultural type property The same procedure shall be used, as described above, in the computation of the assessment payments due in 2008, provided, however, that the cost for each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. VI. Notwithstanding Section Ill. above, the County and /or Municipality shall have the right to terminate this Agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date (Le. to terminate this Agreement for assessment services in the year 2008, the party must provide written notice of termination by not later than January 2, 2006). -2- IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Margaret E.angfeld, Chair County Board of Commissioners Title: Dated: Dated: ATTEST By: John "Jay" McLinden County Administrator Title: Dated: Dated: By: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Title: Dated: Dated: The above Agreement is hereby approved by the Commissioner of Revenue this day of By: Minnesota Commissioner of Revenue dk\contract \2005 \lino lakes - assess jpa -3 • • • AGENDA ITEM 3 B STAFF MEMBER Daniel Tesch, Director of Administration DATE 22 August 2005 SUBJECT Sergeant Steve Mortenson VOTE REQUIRED 3/5 BACKGROUND Sergeant Steve Mortentson has resigned his position with the City of Lino Lakes. We would like to wish Steve the best of luck with his career. OPTIONS 1. Accept Sergeant Mortenson's resignation. RECOMMENDATION Number One. • • • AGENDA ITEM 3 C STAFF MEMBER Daniel Tesch, Director of Administration DATE 22 August 2005 SUBJECT Conditional Offer of Employment Police Officer VOTE REQUIRED 3/5 BACKGROUND The departure of Sergeant Mortenson has created a vacancy in our Public Safety Department. We would therefore like to make a conditional offer of employment to Mr. Vince Klosner. Mr. Klosner has been a reserve officer with us for several years and has passed the preliminary background check. We need to make a conditional job offer to complete the background assessment. Therefore the job offer would be contingent upon the successful completion of the remainder of the background check and the medical and psychological testing. OPTIONS 1. Make a conditional offer of employment 2. Decline to make a conditional offer of employment RECOMMENDATION Number One. -27- • • • AGENDA ITEM 4A STAFF ORIGINATOR David J Pecchia, Public Safety Director /Chief of Police DATE August 22, 2005 TOPIC Consideration to Approve Resolution No. 05 -119 promoting the use of Intrastate Mutual -Aid Agreements VOTED REQUIRED Simple Majority 'BACKGROUND The City Council previously approved Resolution 05 -38 establishing the National Incident Management System (NIMS) as the standard for incident management in the City of Lino Lakes. Resolution #05 -119 allows the City of Lino Lakes to promote the use of Intrastate Mutual -Aid Agreements. OPTIONS 1. Approve Resolution 05 - 119. 2. Return to staff for further consideration. 'RECOMMENDATION I� 1. Approve and sign. CITY OF LINO LAKES RESOLUTION NO. 05 - 119 RESOLUTION PROMOTING THE USE OF INTRASTATE MUTUAL -AID AGREEMENTS WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between jurisdictions is critical; and WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and WHEREAS, there is a need to ensure that preparations of the City of Lino Lakes will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to carrying out emergency management functions; and WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and WHEREAS, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual -aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual -aid arrangements; and NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes promotes the efficiency and effectiveness of intrastate mutual aid by designating the Emergency Management Director or the designee, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch • • equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of City of Lino Lakes itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Ann Blair, City Clerk John Bergeson, Mayor • • • AGENDA ITEM 4B STAFF ORIGINATOR David J Pecchia, Public Safety Director /Chief of Police DATE August 22, 2005 TOPIC Consideration to Approve Resolution No. 05 -120 authorizing appropriation of unclaimed property VOTED REQUIRED Simple Majority 'BACKGROUND I1 On June 26, 2000, a resident located a television and turned it into the police department. The serial number had been removed from the television, and the resident who found the property did not make claim to the property. The television is in good working order and could be used in the police training room. According to City Code, unclaimed property may be appropriated by the City for use, upon approval by the City Council. Resolution No. 05 -120 allows the City of Lino Lakes to appropriate and use this unclaimed property. OPTIONS I1 1. Approve Resolution 05 - 120. 2. Return to staff for further consideration. 'RECOMMENDATION I� 1. Approve and sign. • • • CITY OF LINO LAKES RESOLUTION NO. 05 - 120 RESOLUTION AUTHORIZING APPROPRIATION OF UNCLAIMED PROPERTY WHEREAS, Ordinance 213 allows for unclaimed property to be appropriated to city use upon approval of such appropriation by the council; and WHEREAS, on June 26, 2000 a resident located a 29 inch JVC Master Command television and turned it into the police department; and WHEREAS, serial number had been removed from the television; and WHEREAS, the person finding the property did not make claim to such property; and WHEREAS, the television is in good working order and could be used in the police training room; and NOW THEREFORE, BE IT RESOLVED, that the City Council approve appropriation of the television to the police training room. Ann Blair, City Clerk John Bergeson, Mayor • AGEN A ITEM 6.A STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: August 22, 2005 TOPIC: i. Resolution 05 -124 Preliminary Plat ii. Resolution 05 -125 Final Plat Rice Lake Professional Center E.G. Rud and Sons Surveying BACKGROUND E.G. Rud and Sons Surveying has requested approval of a Preliminary and Final Plat for property located adjacent to the northeast corner of Lake Drive and Hodgson Road. The applicant has already obtained Site and Building Plan Review approval administratively on July 18, 2005; executed a performance agreement for the site; and has pulled building peimits for construction of a 25,000 square foot multi- tenant building on the site. The applicant is now pursuing a Preliminary and Final Plat to clean up the legal descriptions and easement documentation on the subject property. The subject site was purchased from the City of Lino Lakes earlier this year. ANALYSIS Comprehensive Plan. Land Use and Zoning The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land' Use Guided Land Use Existing Zoning Site Vacant Commercial GB (General Business) North Commercial Commercial GB (General Business) South Hodgson Road NA (Right of Way) NA (Right of Way) East Rice Lake NA (Lake) NA (Lake) West Lake Drive NA (Right of Way) NA (Right of Way) The GB (General Business) zoning district requires lots to be 20,000 square feet in size. The proposed lot 1 is well in excess of that standard at 54,716 square feet of land not encumbered by either wetlands or easements. • • • Rice Lake Professional Center, page 2 Preliminary and Final Plat The plat drawings include all of the land that was previously held by the City of Lino Lakes and proposes to plat that land as one lot and one outlot. The outlot consists of the former Hodgson Road right -of -way being granted to the owner as part of a previous vacation of that right -of -way. The appropriate drainage and utility easements are depicted on the plat and title commitments have been forwarded to the city attorney for review. The City Engineer has completed a thorough review of the submitted plans and has deemed them to be acceptable. Planning and Zoning Board On August 10th, 2005 the Planning and Zoning Board voted to recommend approval of the preliminary and final plats for Rice Lake Professional Center. OPTIONS 1. Approval of Resolution 05 -124 approving the Preliminary Plat and Resolution 05 -125 approving the Final Plat for Rice Lake Professional Center. 2. Denial of the application. 3. Return to Staff with direction. RECOMMENDATION Staff recommends approval of the Preliminary and Final Plats for Rice Lake Professional Center. ATTACHMENTS 1. Preliminary and Final Plat received August 3, 2005. • CITY OF LINO LAKES RESOLUTION NO. 05 -124 Rice Lake Professional Center, page 3 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR RICE LAKE PROFESSIONAL CENTER WHEREAS, the City has received an application for preliminary plat for property currently described to -wit: Lot 17, Auditor's Subdivision no. 151, according to the plat thereof on fikle and of record in the office of the Register of Deeds in and for said County. • • AND That part of the North 650.00 feet of Government Lot 1, Section 30, Township 31, Range 22, Anoka County, Minnesota, lying southeasterly of a line parallel with and distant 75.00 feet southeasterly of Line A as described below, lying northeasterly of a line parallel with and distant 64.00 feet northeasterly of Line B as described below and lying northeasterly of a line parallel with and distant 74.00 feet northeasterly of Line C as described below: Line A: Beginning at a point on the west line of Section 25, Township 31, Range 23, distant 944.55 feet North of the southwest corner thereof; thence northeasterly at an angle of 48 degrees 18 minutes 00 seconds from said west section line (measured from north to east) 247.30 feet; thence northeasterly deflecting the right 09 degrees 52 minutes 00 seconds a distance of 9120.00 feet and said line there terminating. Line B: Commencing at the northwest corner of said Section 30; thence on an assumed bearing of South 89 degrees 54 minutes 18 seconds East along the north line of the Northwest Quarter of said Section 30 a distance of 1596.26 to the point of beginning of the line to be described, said north line of the Northwest Quarter also being the north line of said Government Lot 1; thence South 40 degrees 01 minute 05 seconds East 109.40 feet; thence southeasterly 429.10 feet along a tangential curve concave to the southwest having a central angle of 30 degrees 02 minutes 14 seconds and a radius of 818.51 feet and said line there terminating Line C: Beginning at the terminus of Line B as described above; thence South 09 degrees 58 minutes 51 seconds East and tangent to last above described curve 393.10 feet and said line there terminating. WHEREAS, the applicant is proposing to plat the property into one parcel described as Lot 1 Block 1, Rice Lake Professional Center; and WHEREAS, the preliminary plat request is based on the following submittals: Rice Lake Professional Center, page 4 III; and ® Preliminary Plat received August 3, 2005. WHEREAS, at their meeting on August 10, 2005, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary and final plats subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat subject. Passed by the Lino Lakes City Council this 22 "d day of August 2005. John 3. Bergeson, Mayor ATTEST: .Ann Blair, City Clerk • w m 2 Lil 4 0 0 4 0 V._ 12- 1' z E E 0 0.4 t ■ 5; -1 11.; :6:1 = ;;11 11 c'3. .".::',.. ';".": .. -4.:• - 5' ,,,, 2,, : . 0 , ,„"1,.. ,.::t1.L: ''".• Ii- - ,l'ill'ilh, g Pi 2 ; oo-os9 It 1141 aka ; Z or,ovv, ▪ - ----- A ▪ 10. 1 1 a 0 I \ ..- s.,\ , \:-\7 '- or \ P ..,, •.'...-a, sr— %by c s, \ itt0 - 1 r.10 L) I+ t; '1 91 r.i Pak 111/1 ,,711 !Ili! Ufl 0 0 Lt. >- 1- • w z 4 2 1 0 f w °5 fa es z°a rtl 55 ligl msw o y�N Pig] tz_i i Ia eyed and plotted es RICE LACE PROFESSIONAL CENTER-ond do hereby dedicate to he drainage and otNlty easements ae sheen on this plot Also dedicating to the ss onto Lake Drive and Hodgson Rood os shown on this plat. Commons, LC, o 4innesole Limited Liability Company, hos caused Visas presents this _ doy of 2005. 2 RECEIVED 0 0 00 N CITY OF LINO LAKES b; +t tell i t• M 4.%k. r4 i�t'�• "m7 ky4j� 709? \ �,\ * \ \�\ %\ \\\ \ 4 k ed y t .° . .f • �w � b ' ' \ { d Yd \ 4 • d v'\5 "+1 T C'. 4 n ^ i • ''._'�a•, %t , • `,. L , • _t. _ - • !' � •t9N$Y�',�,h' S+ d "..-<„,\. . s • 4 94.1 fk • 7 E it t1 S O € ,n!▪ "` `- .\134: Vitt 0 N 4 x 0 r rimoa u) w¢y o° J N \ 44.24.Gh1,� V yy �w .. • Memorandum To: City Council Cc: City Staff From: Paul F. Bengtson, Associate Planner Date: August 17, 2005 Re: Agenda Item 6.A. — Rice Lake Professional Center (1-'.1,A_ 31A The final plat resolution (Resolution No. 05 -125) was not attached to the staff report for agenda item 6.A. This resolution is attached to this memorandum for inclusion into your agenda packets for the August 22, 2005 City Council meeting. CITY OF LINO LAKES RESOLUTION NO. 05-125 RESOLUTION APPROVING THE FINAL PLAT FOR RICE LAKE PROFESSIONAL CENTER WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Rice Lake Professional Center was approved with Resolution 05 -124 by the City Council on August 22nd, 2005, and WHEREAS, the final plat for Rice Lake Professional Center complies with City requirements and the conditions of Resolution 05 -124 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Rice Lake Professional Center. Adopted by the Lino Lakes City Council this 22n1 day of August, 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul F. Bengtson CC MEETING DATE: August 22, 2005 TOPIC: Resolution Number 05 -123 Variance to the Shoreland Ordinance to allow a rear setback of 50.9 feet where 100 feet is required. Benton Erickson 6868 West Shadow Lake Drive BACKGROUND The Shoreland Ordinance for the City of Lino Lakes requires a 100 foot setback from the Ordinary High Water Line for any structure that is Unsewered. The applicant is proposing an addition to the existing single family dwelling at 6868 West Shadow Lake Drive that if approved would reduce that setback to 50.6 feet. ANALYSIS Land Use and Zoning The following table summarizes the zoning and land use of the subject property, as well as surrounding properties: Setback Requirements Chapter 1102.07 Subdivision 2 of the City of Lino Lakes Shoreland Ordinance requires that a 100 -foot setback be provided for all unsewered structures from the Ordinary High Water Level of any Recreational Development Lake (Reshanau Lake). The Ordinance does allow for a structure to confoliu to the setbacks of structures on the adjoining lots on - 40 - Location Guided Land Use Existing Zoning Subject Property Low Density, Unsewered Residential R (Rural) North Low Density, Unsewered Residential R (Rural) East N/A — Reshanau Lake N/A — Reshanau Lake South Low Density, Unsewered Residential R (Rural) West Low Density, Unsewered Residential R (Rural) Setback Requirements Chapter 1102.07 Subdivision 2 of the City of Lino Lakes Shoreland Ordinance requires that a 100 -foot setback be provided for all unsewered structures from the Ordinary High Water Level of any Recreational Development Lake (Reshanau Lake). The Ordinance does allow for a structure to confoliu to the setbacks of structures on the adjoining lots on - 40 - • • Erickson Variance page 2 both sides of the proposed building site without the approval of a variance, however, in this instance the survey submitted depicts that the setback of the property to the south is 78.7 feet, and that the property to the north is not developed with a dwelling at this time. The survey does depict the dwelling on the next developed lot to be setback 94.9 feet from the O.H.W.L. DNR Tom Hovey, an Area Hydrologist with the DNR commented that a hardship is not discussed by the applicant in their letter, nor demonstrated on the plans; that alternatives appear to exist that would not require a variance; and that the shoreland management program is intended to eliminate nonconformities, not increase them. Furthermore, if any fill has occurred on this or adjacent properties the DNR needs to review the situation and determine if the fill was permitted and legal. Findings Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The lot is already developed with a single family dwelling and though it might be more costly, due to the need to remove /renovate /replace existing detached accessory structures and driveways, additions could be made north of the existing home that would not encroach further into the setback from the O.H.W.L. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The site does constrain development due to the lack of depth and the setbacks required from the right -of -way and the O.H.W.L. At the shallowest point, the lot depth from the right - of-way to the O.H.W.L is 145 feet. Considering the 30 foot front setback and 100 foot rear setback (from O.H.W.L) the result is a building footprint that is only 15 feet deep. This would not typically be enough footprint depth to build a standard dwelling, however working with the existing setbacks for the dwelling an addition could be added that would not further the encroachment into the 0.1H.W.F setback. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. As mentioned previously, if money was not an issue, the existing accessory structures and driveways could be removed /replaced /renovated to allow an -41- • • • Erickson Variance page 3 addition to this structure that would not increase the non - conformity of this site. As the property exists it still can serve as a single family dwelling. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. This variance would not only allow this property owner to build far closer to the O. I.W.L than most other riparian lots are allowed, but would also effect the development of the lot to the north which would be able to use the reduced setback of this lot to allow a structure to be built much closer to the Lakeshore than would normally be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Shoreland Ordinance is to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of the shorelands, and provide for the wise use of waters and related land resources. The proposed variance would allow a structure and construction of that structure to occur far closer to the lake than is required. Planning and Zoning Board On August 10, 2005 the Planning and Zoning Board voted to recommend denial of this variance request. OPTIONS 1. Approve Resolution 05 -123 Denying the Shoreland Ordinance Variance Request 2. Return to staff with direction. RECOMMENDATION Staff recommends denial of this Variance request. ATTACHMENTS: Applicant's Justification letter received July 11, 2005. Certificate of Survey received July 11, 2005. • • • Erickson Variance page 4 CITY OF LINO LAKES RESOLUTION NO. 05 -123 RESOLUTION DENYING A VARIANCE FROM THE SHORELAND ORDINANCE 100 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE TO THE REAR OF A HOME. WHEREAS, the City has received an application for a Variance requesting that a home addition be constructed 50.6 feet from the Ordinary High Water Line of Reshanau Lake, and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 100 -foot setback be provided for all unsewered structures from the Ordinary High Water Level of any Recreational Development Lake (Reshanau Lake), and WHEREAS, placement of the proposed addition would extend 49.4 feet, or almost 1/2 of the required distance, into the required Ordinary High Water Line setback, and WHEREAS, there are no unique physical circumstances or conditions on the property which are creating a hardship situation, which is the criteria against which Variances are to be evaluated, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance, as described in the attached staff report, dated August 22, 2005. Adopted by the Lino Lakes City Council this 22nd day of August, 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • MEMORANDUM FOR CITY OF LINO LAKES FROM: Benton Erickson Kristine Erickson 6868 W. Shadow LK. DR. Lino Lakes, MN. 55014 SUBJECT: VARIANCE We would like to receive a variance to allow an addition on the northwest side of our home. The City Building Department tells us we need a variance because the property is located on Reshanau Lake. Without the variance we would not be able to build the addition, and still have room to use our unattached garage. We only want to build approximately 12 feet to the rear of the house and towards the lake. This layout will allow us to meet the city requirement to have access from the current house, into the addition, and still give us room to enter our unattached garage. Without a variance, the only way to have access into the current house, from the proposed addition, would require tearing off the attached garage and this still wouldn't leave enough room to enter the unattached garage. The proposed addition will fit nicely onto the existing house without being an eye sore. We plan to use the additional space as a parent's apartment. The layout of our existing house would make it impossible to do an addition on the south side of the house and still have easy access from the driveway and garage. If you look at the survey of the property you will see that our house is over 100 feet from the lake. We do have a lower area in the back yard that causes the high water level line to seem closer than on the lots next to us. In past years these lots had fill hauled in that raised them slightly above the high water line. The house was built before the year of the high water flood and has never had any water problems. The planned addition would meet DNR requirements and be outside the minimum established distance needed to build. Also the addition would blend in with the houses on both sides. Bra A. Erich Kristine M. Erickson �}'� ( BUILDER TQ VERIFY HOUSE N£\ NS SEDER DEPTH AND FOUNDATION DEPTH CERTIFICATE IFICATE GAP eURV Fora Brod Erickson / / sB, abOb OR r 4. G ce \B855E.�pp0.d''L•. ' •�,� x884.44 Tu ST / • 10=4O' / / / / / / / r� % / 60 / / / / / / / /. / / • A i, 7-‘ ‘.1 <-. 1 • i / .96 f 4+' .01 ..JC694.00 �+ taiv os-k-k884 X3 84.0 9 3 19:5, ? 4 ] ? k583.9 / 553.?O xBg . + e •��. E 883.62,9 �BBOPB ST - OWES 69.8' .)03 9 � �1AJ ee (0e5°�xeB4�� " ta$t ca � o 555.84 : ? / ' .g/ O•F '' BB2.18 » 82 '0..76J 145 aR;+ + Y O�Q 6`°} x.682. AA qr'II' - 9 Bgc' ,, `" ! 554.,1, „i' 5.m' '.v, o• 76.7 i 625' ,46 54.95 / 612E' 465 • DB2•_.orn LEGAL DESCRIPTION :'/ ../ oc,: Lot 5, Block 1, LAKES ADDITION No. 5, Anoka County,Minnesota az O1 ./ Oy sec." BENCHMARK CIM AT LAKE EDGE ON LOT 4, BLOCK 1 ELEVAT10N= 881.86 (NGVD 1929) /. , • �ry0 ,0 gg$DD0 /,� ti�ry� h co�� SURVEYOR'S NOTE Topography and existing Elevations first ��. recorded on 03 -16 -05 and additional Y i elevations taken on 05- 23 -05. • E oz- Contours shown re _ - . ions token on both dotes. ECEIVED x ,2E g79 9]'I9.9] 6�AB LEGEND N.G.V.D. VERTICAL DATUM BEARINGS SHOWN ARE ON AN ASSUMED DATUM DENOTES 50 FT. SETBACK LINE FROM OHW .88899 DENOTES EXISTING ELEVATION AS OF 03- 16 -05. X889.99 DENOTES EXISTING ELEVATION AS OF 05- 23 -05. DENOTES EXISTING CONTOUR AS OF 05- 23 -05. JUL I 1 2005 CITY OF LINO LAKES Scale 1 "= 40' 10 Denotes Iron Found I 0 Denotes Iron Set I Job I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I ' am a duly Licensed Land Surveyor under the lows of the State of Minn (,-,t^ E. G. RUD & SONS, INC. By: � - 4 5 -, rDr „/ — OHN A. REN nntpri •this �'a nv of 77/0.--4z, , 2005 Minnesota LicenGP 5' -c1La No. 05079HS 1 Drwg By NAA E. a. Ruff 4 sons, IN LAND SURVEYORS BISO LEXINGTON AVE. NO. CIRCLE PINES, MINNESOTA, 5 al4 -9h25 • • • AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 22, 2005 TOPIC: Public Hearing, Lois Lane Utility Extension. VOTE REQUIRED: 3/5 Vote required to close the hearing BACKGROUND: In accordance with a petition from the residents, the City Council ordered a feasibility study for the reconstruction of Lois Lane from 270 feet west of Country Lane to 320 feet west of Meadow View Trail. In addition, this area is not currently serviced with City sanitary sewer or water, which were both included in the study. The street reconstruction portion of the project will be100% funded by assessments. Sanitary sewer and watermain will be funded through assessments and the Trunk Area and Unit Fund. The next step in the process is to close the Public Hearing. The City must allow 60 days to elapse following the Public Hearing before any further action can be taken on the proposed project as required by the City Charter. Attached is a copy of Exhibit A showing the proposed sanitary sewer and watermain, and Exhibit B showing the proposed street and storm sewer for this project. OPTIONS: 1. Close Public Hearing, 2. Continue the Public Hearing. RECOMMENDATION: Option No. 1 - Staff recommends closing the Public Hearing. • • • Onning Nvenw soot •i' Alnr 0 VIOS3NNINI 'S3NV1 000'SSb£1 ON 103x0 d tiCn Ltd- EmJ 1-3 En fi • 7869 T i' z MEADOVMEW .TRAIL -47- 7870 Ut N v v rs w ENGINEERS• ARCHITECTS•PLANNERS soon '-L x1nr 't 573 am co m N O g ro m COS Y 1IOSd01 •i H ,LIIHXi on 8 -48- 7869 MEADOW EW TRAIL Ut J • AGENDA ITEM 6Di STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 22, 2005 TOPIC: Resolution No. 05 — 122, Approving Development Contract, Foxborough Vote Required: Simple Majority BACKGROUND: The City Council approved a preliminary plat and Planned Unit Development approval on January 10, 2005 and authorized execution of a Grading -Only Development Contract on April 25, 2005 for the Foxborough subdivision. Foxborough provides for the construction of 57 residential units on a parcel of property near the intersection of Deerwood Lane and Fox Road. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $1,392,500.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $158,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $301,500.00 to reirnburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Royal Oaks Realty has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 122, Approving Development Contract for Site, Foxborough. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 122 be adopted. • • • DEVELOPMENT CONTRACT Foxborough THIS AGREEMENT made this 22nd day of August, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Royal Oaks Reality whose address is 1000 County Road E. West, Suite 150 Shoreview, Minnesota, 55126, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Foxborough Addition, hereinafter called "Subdivision ", said land is legally described to -wit The Northwest Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota. AND That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the Northwest coiner of said Northeast Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 52 minutes 21 seconds East, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter a distance of 450.00 feet; thence South 15 degrees 58 minutes 24 seconds West 1008.32 feet; thence North 89 degrees 52 minutes 21 seconds West 160.00 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence North 00 degrees 44 minutes 23 seconds West along said west line a distance of 970.11 feet to the point of beginning. AND That part of the Southwest Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota described as beginning at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 57 minutes 28 seconds East, assumed bearing, along the north line of said Southwest Quarter of the Northwest Quarter a • Development Contract Foxborough August 22, 2005 distance of 1304.74 feet to the northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 25 degrees 18 minutes 53 seconds West 387.05 feet; thence North 22 degrees 00 minutes 26 seconds West a distance of 377.62 feet to said north line; thence North 89 degrees 57 minutes 28 seconds West along said north line a distance of 332.74 feet; thence South 64 degrees 53 minutes 35 seconds West a distance of 729.37 feet to the west line of said Southwest Quarter of the Northwest Quarter; thence North 00 degree 50 minutes 22 seconds West along said west line 310.00 feet to the point of beginning. WHEREAS, the Developer requested that the City construct and finance certain improvements to service the subdivision; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property, and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and • NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, • IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street and utility plan, a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following temis and conditions: page 2 - 5 1 - • • • Development Contract Foxborough August 22, 2005 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The final site grading plan shall also be subject to the approval of any other governmental agency having jurisdiction, including but not limited to the Rice Creek Watershed District (RCWD). No grading shall commence until all requirements of the RCWD have been satisfied. No building permits shall be issued until all site grading has been completed to the satisfaction of the City. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stoim Water Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and peuuits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to page 3 - 5 2 - • • Development Contract Foxborough August 22, 2005 insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.l, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. g) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded or sodded as designated per plan. page 4 - 5 3 - • • Development Contract Foxborough August 22, 2005 i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer' s engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building pelluits. n) A legal covenant shall be included within the homeowner's association documents prohibiting the use of phosphorus on lawns. o) The developer shall be responsible for ascertaining that site geotech ical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. p) The Developer shall provide a financial security and/or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. All homeowners association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. 7. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. page 5 - 54 - Development Contract Foxborough August 22, 2005 8. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 9. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 10. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 11. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 12. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 13. Street Lighting: a) Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. City shall use escrow funds to pay for street light installation. It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. page 6 - 5 5 - • • • Development Contract Foxborough August 22, 2005 14. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions, as the City shall determine. 15. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 16. The Developers shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installation comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 17. The Developer shall be responsible for securing all site grading arid development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 18. Cost of Developer's Improvements and description are as shown on Attachment A. 1 n. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as deteiurined by the City. page 7 - 56 - • • • Development Contract Foxborough August 22, 2005 20. The Developer must obtain all necessary approvals from Anoka County. The Developer is responsible for acquiring any necessary right -of -way, temporary easements, or peimanent easements for the construction. 21. The Developer shall construct and pay for all improvements as described in the landscaping plan. 22. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the temis and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. In the event of a default by Developer and after thirty (30) days prior written notice to Developer, the City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of performing the terms and conditions of this contract. Until Developer has completed the improvements required herein, the Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. Reduction of Escrow Guarantee. page 8 - 5 7 - • • • Development Contract Foxborough August 22, 2005 (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Perfoimance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install /Operate page 9 -58- • • Development Contract Foxborough August 22, 2005 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. B. The Developer shall submit an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Model Homes The City agrees that one structure per ten (10) acres (4 homes) can be installed as model homes upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $1 00,000.00 and an escrow amount of $1 0,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. page 10 -59- Development Contract Foxborough August 22, 2005 3. Prior to release of the building permits for one structure per ten (10) acres (4 homes), the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an page 11 - 60 - • • Development Contract Foxborough August 22, 2005 additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Notwithstanding the foregoing, individual homeowners shall not be obligated to perfoliii Developer's obligations hereunder. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with the delivery of this agreement and all required petitions, bonds, security, and documents including the following: page 12 -61- • • Development Contract Foxborough August 22, 2005 a) A homeowners association shall be created. The association shall maintain a stewardship fund to manage the open space areas of Outlots A, B, and C, according to a stewardship plan to be approved by the City. Association documents shall be reviewed by the City Attorney prior to final plat approval. b) A conservation easement shall be created over all of Outlots A, B, and C to make them permanent open space. c) Review and approval of informational brochure including Best Management Practices with regard to buffer and wetland area requirements. d) Receipt of warranty deeds or dedication of all outlots proposed to be conveyed to the City. e) Approved Restoration and Management Plan for Conservation Areas, including the establishment of a $100,000 Conservation Stewardship Fund. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building peimits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. The Developer shall dedicate the 20 -foot wide park land for the trail system. The Developer shall be responsible for the construction of a 10 -foot wide trail system including three (3) l0 -foot wide boardwalks. This dedication and construction of the trail system fulfills the Developer's Park Dedication requirements. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 13 - 6 2 - • DEVELOPER Royal Oaks Reality CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) By Mayor ATTEST: By Clerk Development Contract Foxborough August 22, 2005 On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of Royal Oaks Reality, a limited liability company under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said limited liability company. Notary Public page 14 - 6 3 - • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: APPLICANT: Foxborough Royal Oaks Reality ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course B. Wear Course 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral • • NOTE: SUBTOTALS: BUDGET COST Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate $0.054 /sf $2, 520 /acre $1,095 /unit Estimate $2,690/acre $1,765 /unit Estimate See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer 8/15/2005 NOTE e e - 6 4 - e e e e e e a a e a a e NUMBER OF REU's: August 22, 2005 57 ASSESSED AREA (ac.): 38 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $0 $5,000 $25,000 $122,000 $255,111 $45,045 $o $111,764 $89,385 $95,760 $62,415 $191,186 $102,220 $100,605 $173,140 $928,245 $450,385 $0 attachments 8- 22- 05.xls ATTACHMENT B August 22, 2005 DEVELOPER INSTALLED IMPROVEMENTS •PROJECT NAME: APPLICANT: Foxborough Royal Oaks Reality ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3 ADMINISTRATION A. Administration Fee - 3% of const. B. Legal C. Publications 4 DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee D. Conservation Stewardship Fund 5 BOULEVARD TREE PLANTING 6 DEVELOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA SUBTOTALS: r CITY FEES NUMBER OF REU's: 57 ASSESSED AREA (ac.): 38 BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) $3,500 b $3,500 b $20,000 $0 $67,500 $0 $27,500 $27,850 $1,000 $1,000 b b b b b a b b $0 d $32,000 a $90 /unit a $100,000 $420 /frontage b $85 /tree $2,100 /ea $240 /ea $5,000 $790 $0 Grading -Only Credit TOTALS: SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) 4OTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer 8/15/2005 b b b b b b - 6 5 - $0 $0 Att. A $1,392,500 $158,000 $0 $3,500 $3,500 $20,000 $0 $67,500 $0 $27, 500 $27,850 $1,000 $1,000 $0 $32,000 $5,130 $100,000 $29,400 $5,950 $14,700 $1,680 $5,000 $790 $0 $0 $346,500 $45,000 $0 $301,500 Att. B Total $0 $1,392,500 $0 $158,000 $301,500 $301,500 attachments 8- 22- 05.xIs • • AGENDA ITEM 6 D ii STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 22, 2005 TOPIC: Resolution 05 -121: Final Plat, Foxborough (Formerly Fox Den Acres) VOTE: 3/5 BACKGROUND The developer has changed the name of this project from Fox Den Acres to Foxborough. The City Council approved the preliminary plat for the Fox Den Acres planned unit development on January 10, 2005 with Resolution 04 -196. This project is the first to implement the new parks and open space plan through the use of a conservation development. The conservation development approach, while often discussed in Lino Lakes in the past, has not previously been pursued to the extent being seen on this project. The total site is 50 acres and the permanent open space will include 28 acres, about 56 %. The preservation of open space on this site will be an important step in the implementation of the community's greenway vision. The approval of the PUD included a number of conditions to ensure implementation of the conservation development elements. These include the conservation easement conditions and the association declarations and by laws, which will dictate how the City and the association will work together to implement an overall conservation plan. The overall conservation plan lays out what actions must occur to conserve and restore specified natural features of the site. The homeowners association will prepare annual implementation plans. The City will review each annual implementation plan to make sure they are consistent with the overall conservation plan. An escrow account will be established by the developer. Homeowners in the development contribute to this fund annually. The City will release money to the homeowners association for their annual implementation plans. The final plat itself is consistent with the approved preliminary plat. The City Attorney has reviewed the title commitment. The City Engineer has prepared the development agreement. The Planning & Zoning Board reviewed this final plat on August 10 and recommended approval. • OPTIONS 1. Approve the final plat for Foxborough. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • CITY OF LINO LAKES RESOLUTION NO. 05 -121 RESOLUTION APPROVING THE FINAL PLAT FOR FOXBOROUGH WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the City Council approved the preliminary plat for Fox Den Acres on January 10, 2005 with Resolution 04 -196, and WHEREAS, the developer has changed the project name to Foxborough, and WHEREAS, the final plat for Foxborough received by the City July 25, 2005 is consistent with the preliminary plat; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Foxborough. Adopted by the Lino Lakes City Council this day of , 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • —2S `i? PnE1173 Q31NIUd . • •m,91a+. •, i \. \ $ o ry C''' °' I _ —_ p z 6a r ° I van. F� I c\2-''''" 1 n I I S I s g ` r _ZF_1_ J 0 _, : ��9ooLlro_a ,pNi weIn L ,qR Vi°1J p0 PA CO o ioLno\ E .,--t nl 81,79r ∎ Al,/4 .•: r.: I 09.. I G�y'ZZEI 1 i•i .iii ii'd \ Zr7 ;1 5.2t ,09.00E \ I I i`?i:iliir•.' c:17 F. I I _ 7 n _ Fl9 V PnH'03 soot zz inr CB1Nldd • • • A :ae� ropM,OUTLOT l£'OS.0 —�� ,g „ZZ,OS Old g..�z pos >oos 1 w airwamnla�' .,..�o;,.: m rIVHVHSTili - 71 —> 9 Pnd J"= zz mr 431NIFJd AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director COUNCIL MEETING DATE: August 22, 2005 TOPIC: Resolution No. 05 -126, Accepting Bids and Awarding Construction Contract, Legacy at Woods Edge — Phase 1 Improvements Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on August 11, 2005. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor Amount of Bid Glenn Rehbein Companies $2,231,503.85 Arcon Construction $2,274,222.02 Redstone Construction $2,386,532.92 Three Rivers Construction $2,456,002.66 Forest Lake Contracting $2,508,162.02 Northdale Construction $2,693,834.03 Ryan Contracting $2,762,276.62 Engineer's Estimate $2,486,020.50 The low bid is approximately 10% under the Engineer's Estimate for this project. A copy of the consulting engineer's recommendation and the complete bid tabulation are attached. The substantial completion date for this project is July 21, 2006, with a final completion date of September 29, 2006. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -126, Accepting Bids and Awarding a Construction Contract to Glenn Rehbein Companies for the Legacy at Woods Edge — Phase 1 Improvements project. 3. Not adopt Resolution No. 05 -126. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 05 -126 CITY OF LINO LAKES RESOLUTION NO. 05 -126 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — LEGACY AT WOODS EDGE — PHASE 1 IMPROVEMENTS PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the Legacy at Woods Edge — Phase 1 Improvements project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid Glenn Rehbein Companies $2,231,503.85 Arcon Construction $2,274,222.02 Redstone Construction $2,386,532.92 Three Rivers Construction $2,456,002.66 Forest Lake Contracting $2,508,162.02 Northdale Construction $2,693,834.03 Ryan Contracting $2,762,276.62 Engineer's Estimate $2,486,020.50 AND WHEREAS, it appears that Glenn Rehbein Companies 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 Glenn Rehbein Companies in the name of the City of Lino Lakes for the construction of the Legacy at Woods Edge — Phase 1 Improvements 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 this 22' day of August 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk August 11, 2005 Honorable Mayor and City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 RE: Lino Lakes, Minnesota Legacy at Woods Edge — Phase 1 SEH Project No. A- LINOL0305.03 Attn: Michael Grochala, Community Development Director Dear Mayor and Council Members: On Thursday, August 11, 2005, at 10:00 a.m. seven bids were received for the referenced project. Please find enclosed the bid tabulation detail. The bid results are summarized below. Contractor Total Bid 1 Glenn Rehbein Companies $ 2,231,503.85 2 Arcon Construction Company Incorporated $ 2,274,222.02 3 Redstone Const Co Inc. $ 2,386,532.92 * 4 Three Rivers Construction $ 2,456,002.66 * 5 Forest Lake Contracting, Inc. $ 2,508,162.02 6 Northdale Construction Company Inc. $ 2,693,834.03 7 Ryan Contracting Co. $ 2,762,276.62 Engineer's Estimate * Denotes corrected figure $ 2,486,020.50 The low bid received was submitted by Glenn Rehbein Companies of Blaine, Minnesota in the amount of $2,231,503.85. In reliance on our experience with Glenn Rehbein Companies and/or materials and information provided by the contractor, we have determined that 1) they have a sufficient understanding of the project and equipment to perform the construction for which it bid; and 2) according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly, we recommend the project be awarded to Glenn Rehbein Companies in the amount of $2,231,503.85, contingent upon the City's receipt of all permits and easements if all permits and easements have not been obtained at the time of award. Please call me at 651.490.2147 if you have questions. Sincerely, Robert L. Moberg, PE Project Manager Enclosure x: \ko \linol \030503 \word\recawardltr.doc • • AGENDA ITEM 6 F STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 22, 2005 TOPIC: First Reading: Ordinance No. 05 -05 Sign Ordinance Amendments VOTE: 3/5 BACKGROUND Signage is always an extremely difficult issue. As with any regulation, there will be those who will not agree with a signage requirement. The goal of signage regulation, like any government regulation, is to balance the private interest and the larger public interest. Signage advertises a business, which is good for the business. Successful business is good for the greater public. However, unregulated signage can become an eyesore and a nuisance, which detracts from the good of the community. The P & Z discussed temporary signage at numerous meetings since early 2003 (see attached summary list). These discussions led to the proposed amendments in the attached draft ordinance. The current sign ordinance is Ord. No. 12 -97. Once adopted by the City Council, the new version will replace that ordinance. Deleted text is shown as Gtri -es-, added text is underlined. ANALYSIS Temporary Signage Is Primary llssue: The primary changes in the draft ordinance relate to temporary signage. This is what drove the effort to examine the ordinance. These amendments were recommended by the P & Z. Sometimes, a change to one requirement required comparing to other pieces and checking definitions. This may have revealed confusing or contradictory language. There are a few changes in the text to help clarify some issues. We also have increased the amount of permanent wall signage allowed on double frontage or corner lots. The hope is that this will reduce the demand for temporary signs. Some of the permanent signage requirements are inconsistent or incomplete in the current ordinance. We revised some requirements to address these discrepancies. • • • Sign Ordinance Amendments page 2 Formatting: A major change is the formatting of the ordinance. The current ordinance is organized by zoning district, with regulations listed under each district, and other requirements in a "general" section. This results in a very lengthy ordinance. It is difficult to find relevant regulations. In the new draft, temporary signage is addressed in a completely new table instead of individual requirements scattered in different places. In addition, we have moved the regulations for pellnanent signs into a table to make it easier to locate the requirements in each district. Prohibited If Not Included: One very important amendment is that any signs not specifically allowed by the ordinance are prohibited. That is, only if the ordinance does not specifically allow a type of sign, that type of sign is prohibited. Existing Sign Plans for Multi- Occupancy Buildings: Several developments consist of a single structures with multiple tenants. The ordinance requires a signage plan for such buildings. The developer is required to submit a signage plan as part of the development application review. Staff works with the developer on a sign plan, which ultimately is adopted by the City. This becomes the sign regulation document for that development. Several individual development signage plans have been adopted under this procedure. Such signage plans would not be amended automatically by amending the sign ordinance. Each signage plan would have to be revisited, at the request of the development owner, if the plan is to be amended. Tenants should discuss this with the property owner. Fees: The city's fee schedule includes sign peimit fees. Temporary sign peu sits are $25. Pennanent sign fees are detei wined by the building code. There are other issues in the existing sign ordinance that perhaps merit attention. However, the intent of the current amendments is to establish and clarify requirements for temporary signage and related issues. The draft also clarifies or amends some confusing requirements. Amending the overall ordinance is a much larger task. The P & Z held a public hearing on the draft ordinance at their July 13 and August 10 meetings. The Board recommended approval of the attached ordinance. OPTIONS 1. Approve Ordinance No. 05 -05 amending the sign ordinance. 2. Return to staff with direction. RECOMMENDATION Option 1 • • • Short History of Temporary Signage Discussions April 2003 April 28, 2003 May 21, 2003 June 11, 2003 July, August, Sept, Oct, 2003 October 22, 2003 November 12, 2003 June 2, 2004 June 16, 2004 September 8, 2004 October 13, 2004 January 12, 2005 March 9, 2005 April 13, 2005 May 11, 2005 June 8, 2005 July 13, 2005 & August 10 Sign Ordinance Amendments page 3 building official sent out letters to a number of businesses about their banners and other temporary signs business representative at a city council meeting asked to discuss the issue at a work session, city council instructs staff to examine the issue and bring more info P & Z first discusses the issue, briefly temporary signage discussion on P & Z agendas, but action agendas too long, discussion items postponed sent letter to 30 businesses inviting to November 12 meeting for discussion one business owner attended, action agenda very long, issue postponed again letter sent to 40+ businesses about special June 16 meeting special meeting on temporary signage, sparse attendance discussion of temporary signage at P & Z meetings public hearing on sign ordinance amendments • • • CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 05 -05 AMENDING ORDINANCE NO. 12 -97 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains that Ordinance No. 12 -97 is amended as follows: SECTION I. PURPOSE AND INTENT The-purpose of this ordinance is to establish a set of standards for fabrication, erection and use of signs, symbols, markings, or advertising devices within the City. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. SECTION 11. DEFINITIONS: A. Commercial Use: Activity carried out for monetary gain. B. Conditional Use: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. C. Conditional Use Peiiuit: A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. D. Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Sign: The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and p Ordinance 05 -05, Sign Ordinance page 1 of 30 -76- • which directs attention to an object, product, place, activity, person, institution, organization or business. F. Advertising Sian: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. See Section IV General Regulations. G. Business Sian. A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. H. Related Definitions: 1. Illuminated Sian: A sign which has artificial light source directed upon it or which has an interior light source. See Section IV General Regulations. 2. Motion Sian: A sign which revolves, rotates or moves. 3. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. 4. Sian Height: Height shall be measured from grade to the uppermost points or level of sign surface. 5. Flashina Sian: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section IV General Regulations. 6. Direction Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. 7. Area Identification Sign: A free standing sign or pylon which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. 8. Wall Advertising. Sign: AR advertising. A permanent sign attached to or erected against the wall of a building or structure with the exposed face to Ordinance 05 -05, Sign Ordinance page 2 of 30 -77- • the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 9. Ground Sian: An advertisingrA permanent. freestanding sign supported by or upon standards, poles, beams or other supports directly affixed to the ground. 10. Pylon Sign: A permanent. free standing ground sign erected upon a post or posts not more than fifteen (15) feet apart. 11. Projecting. Sign: A B.permanent business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. 12. Marquee and Canopy Sig.ns: Any message or identification which is permanently affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. 13. Identification or Nameplate Sian: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. 11111 14. Temporary Signs: A sign erected for a limited period of time. a. Real Estate Sian: A temporary sign advertising the sale or lease of property or buildings. b. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. - - ertif.icate of occupancy for a structure. c. Political Campaig.n Signs: Signs or posters announcing the candidate(s) seeking political office and /or political issues, and /or dates pertinent thereto. See Section IV General Regulations. Portable Sign: A temporary sign designed to be movable from one location to another. Banner: A temporary sign made of cloth, flexible plastic. or other fabric. Pennant: Any lightweight plastic. fabric, or other material. whether or not containing a message of any kincl, suspended from a rope. Ordinance 05 -05, Sign Ordinance page 3 of 30 -78- • • wire. or string. usually in series. designed to move in the wind. Sometimes called "stringer ". Sandwich Board: A temporary sign constructed to form an "A" or a tent -like shape, placed in front of a business to advertise its services or goods. 16. Institutional Sign: A permanent sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. SECTION III. DISTRICT REGULATIONS: A. "R" Rural District and "R -X" Rural Executive Residential District Purpose. These districts are designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions. 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near to urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 5. To reduce the possibilities of rural - urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and others as necessary. Rural & Rural Executive Residentia comply with the following: Districts: In the Rural District all signs must 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty -two (32) square feet; not higher than eight (8) feet. Ordinance 05 -05, Sign Ordinance page 4 of 30 • • 3. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the Rural(R) & Rural Executive (R -X) Zoning Districts. 4. No Sign shall be closer than ten (10) feet to any property line. 5. Each property with a residence may have one freestanding sign. temporary or permanent. without a permit: maximum size 6 sq ft, at .least 10' from property line This sign shall not advertise commercial activity that is not allowed or conducted on same property as sign. There is no time limit for such a sign. B. RESIDENTIAL DISTRICTS a. "R -1" and "R -IX" Single- Family Residential District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single- family neighborhood with a suburban density. The area is intended for development of single - family detached homes on lots with public sewer and water. b. "R -2" Two - Family District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a two- family dwelling with a more urban, but limited, density. Two - family dwellings will not be allowed in areas without sanitary sewer. c. "R -3" 1VIedium Density Residential District: Purpose. The purpose of the R -3 Medium density Residential District is to provide settings for multiple- family structures up to eight dwelling units per building in areas having good thoroughfare access, are properly located to other uses and are accessible to major activity center, recreation areas and shopping areas. d. "R -4" High Density Residential District: Purpose. The purpose of the R -4 High Density Residential Districts is to provide settings for multiple- family housing in areas having good thoroughfare access, proper relationship to other uses and are accessible to major activity center, recreation areas and shopping areas. e. "R -6" Manufactured Home Park District: Ordinance 05 -05, Sign Ordinance page 5 of 30 • • Purpose. The purpose of the Manufactured Home Park District is to provide opportunities for manufactured housing in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured Home Parks are required to conform to the provisions of this section and other appropriate sections of the code. f. "R -7" Manufactured Home Subdivision District: Purpose. The purpose of this district is to provide opportunities for manufactured housing for manufactured homes which meet the design criteria established in this subdivision in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities. R -1, R -IX, R -2, R -3, R -4, R -6, R -7 In the multiple and residential districts, the following requirements apply. 1. Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. 7 Institutional Identification Signs: Not more than one sign per street frontage; one identification sign allowed per building; not more than thirty - two (32) square feet; not higher than six (6) feet; 3. Area Identification Signs: Not more than twenty -four (24) square feet; not higher than six (6) feet. 4. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the R -1, R -1 X, R -3, R -4, R -6, R -7 Zoning Districts. 5. No sign may be closer than ten (10) feet to any property line. 6. Each property with a residence may have one freestanding sign, temporary or permanent. without a permit: maximum size 6 so ft, at least 10' from property line This sign shall not advertise commercial activity that is not allowed or conducted on same property as siLm. There is no time limit for such a sign. C. BUSINESS DISTRICTS Ordinance 05 -05, Sign Ordinance page 6 of 30 • • • a. "LB" Limited Business District: Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the "LB" District can be used as a transitional district or buffer between noncompatible uses such as intense commercial ( "GB ") and residential uses. In the Limited Business District all signs must comply with the following:requirements in table in Section IV, paraOraphs EE and FF. 1. Institutional Identification: One ground or wall sign per institution, of thirty ?. Business and Professional Building Identifications: a. One ground or wall sign per building, of fifty (50) square feet or n t1i than thirty (30) feet; net closer than fifth, (50) feet to another such ground sign, but allowed only ;;ss is not part of an integrated retail complex. 3. Multi Occunanc°, Business Sienaae: When a single principle building TV. Subd. L. of this ordinance an ' - r-nited to one ground sign of one hundred (100) square foot meximun n per development, (30-) feet. '1. Advertising `signs: Advertising signs, as defined by Section I:.f. Subd. F of • it = oning District. 5. No sign shall be clover than five (5) feet to any property line. b. "NB" Neighborhood Business District" Purpose. The purpose of the NB Neighborhood Commercial District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. Ordinance 05 -05, Sign Ordinance page 7 of 30 • • • In the Neighborhood Business District all sins must comply with the requirements in table in Section IV.. paragraphs EE and FF. No sign may be closer than five (5) feet to any property line. 1. Business Signs: a. Sign or sign: attached to building equaling twenty percent (20 %) f b. One ground sign or pylon sign up to fifty (50) square feet; not higher her such integrated retail complex. A - Zoning, District. No sign may be closer than five (5) feet to "S '+ Sh ^„0 -i ; ter ri-e Shopping Center district deleted from zoning ordinance, per Ordinance 04 -05, second reading scheduled full) 11, 2005 iodern retail- shopping sites should b• -ed sh 1. Th -t ton of the center , T 1 rid reduce the possibility of under or policy states that only one m.ay be developed. -'zo provide a f1 later date when there is j ustif cation. 1. }anent at a Ordinance 05 -05, Sign Ordinance page 8 of 30 • • In the Shopping Center Districts, all signs must c 1. Multi Occupancv Bt inciple building is a -a IV.Z. of this ordinance. Maximum si.gna_e allowed shall be: a. One (1) ground sig horou.ghfare Not higher than forty ('10) feet above grade. a. One wall sign only allowed within the parapet, not to exceed 100 square feet or 20% o of the building face, whichever is less. b. One free standing or pylon sign not to exceed 20% of the building of this ordinance, are prohibited in the SC Zoning District. (5) feet to any property line. d. "GB" General Business District and "CB" Central Business District and "PSP" Public Semi Public. Purpose. The GB and CB districts are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers needs. Purpose. The "PSP ", Public -Semi Public District is designed and intended to aid in guiding development towards fulfillment of the comprehensive plan to serve the following functions. i. To provide the community with properly located schools, colleges, and health institutions. ii. To provide the community with properly located public services and utilities. iii. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. Ordinance 05 -05, Sign Ordinance page 9 of 30 • iv. To relate public and semi - public locations with thoroughfare system. • • In the GB" General Business District; "CB" Central Business District. and "PSP" Semi - Public Districts all signs must comply with the requirements in tables in Section I.V. paragraphs EE and FF. the following: 1. Institutional Identification: a. For hospitals, office buildings, etc. b. One free standing sign not to exceecl sixty (6-0) squares :feet or one 100 square feet whichever is less.. Business Signs: a. Pylon or ground signs totaling two (2) square feet of sign surface per ground siyan. b. One sign attachad to th ..' :' g r -. to one hundred (100) square feet or t 'ent y percent (20 %) of the building 3. Multi Occupancy Business Sian: When a single principle building is devoted to three (3) or more businesses, signage must comply tir=es: - ectie -.n W.Z. of this ordinance. a. Area identification sign shall not eXC',..eel4Wo hundred (200) square fee-,t in a a-a^ erty (10) feet in height Service Station Signs: a. On surface arterials i. Ono (1) pylon sign per frontage. Eighty ( -$9)- square feet maximum sign surface- Forty five (15) maximum in height. One additional around sign per street frontage. Thirty two (32) square feet maxim -um sign surface. Thirty (30) feet maximum in height. Ordinance 05 -05, Sign Ordinance page 10 of 30 • ii.i. Sign or signs attached to building. • • Up to twenty percent (20%) of the total building face. b. Abutting freeways i. One (1) pylon sign. One Hundred (100) square feet M ximuin height of sixty five (65) feet. ii. One additional ground sign per frontage. Thirty two (32) square feet. Thirty (30) feet in height. ii.i. Sign or signs attached to building. Up to twenty percent (20 %) of the total building face. 5. Advertising Signs: Advertising signs, as defined by Section II. Subd.F of 3 6. No sign may be claser D. INDUSTRIAL DISTRICTS a. "LI" Light Industrial District: Purpose. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. "LI" uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. b. "GI" General Industrial District Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. Light and General Industrial Districts In the Light and General Industrial Districts all signs must comply with the following requi.rernents i.n tables in Section IV. paragraphs EE and FF.: Ordinance 05 -05, Sign Ordinance page 11 of 30 • • 1 Multi Occupancy Business Si sac : When a single principle building is devote. IV'.Z. of this ordinance. a. Pylon sign up to two hundred (200) square feet per side of sign area. b. Not to exceed building height limit of zone. c. Minimum of file (5) foot setback from property line. a. Sign area of all business signs on a site equals three (3) square feet placed, whichever is greater. • c. Vlinimun. five (5) foot setback from property line. 3. Advertisin Section II. Subd. F of cts. E. "R-R " RURAL BUSINESS RESERVE DISTRICT Purpose. This district is intended to preserve a rural very low - density environment until such time as the land is needed for commercial and industrial uses. Residents of this district can expect to fully use the land for farming, grazing, animal husbandry, propagation of nursery stock, gardening, and other traditional rural use. In addition, the district is meant to prevent incursion of those land uses that would adversely affect or diminish the rural character of the land. In particular subdivisions of land for residential purposes as well as commercial and industrial uses without access to suitable infrastructure is not to be permitted. This district is also meant to serve the following functions: - To control and limit urban sprawl. - To conserve land in a viable economic status until such time as the need is present for rezoning to a business use district. - To reduce the possibility of rural -urban conflict in both the use of the land and in the extension of utilities and other infrastructure items. Ordinance 05 -05, Sign Ordinance page 12 of 30 • • • - To maintain acceptable per- capita costs for city services such as snow- plowing, road maintenance, and fire and police protection. - To define a "trigger- mechanism" that will establish a formula for the rezoning of Rural - Business Reserve land to a business use as needed. No sign may be closer than five (5) feet to any property line. 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty -two (32) square feet; not higher than eight (8) feet. 3. Advertising Signs: Allowed by Interim Use Permit; forty (40) feet maximum height above grade; must comply with General Regulations. Section IV. a. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other advertising structure in a non - freeway area. b. Must not be closer than seven hundred fifty (750) radius feet of another advertising structure. Shall not be closer than twelve hundred (1200) feet to another such advertising structure on the same side of an interstate freeway. For the purpose of this Ordinance, a back -to -back or V -type sign shall be considered as one structure. c. Must not be closer than twelve hundred (1200) feet from any adjoining zoning district. d. Maximum size of sign shall not exceed Six Hundred Seventy Five (6 75) square feet. e. The site on which the sign is located shall comply with all area and width requirements of the base zoning district. f. Removal of the sign shall be required with the rezoning of the site or redevelopment to add another principle use. 4. Business Sians: One ground or wall sign per building, fifty (50) square feet or ten percent (10 %) of wall area, whichever is greater. 5. No sign may be closer than five (5) feet to any property line. Ordinance 05 -05, Sign Ordinance page 13 of 30 • • • 6. Each property with a residence may have one freestanding sign. temporary or permanent, without a permit: maximum size 6 sq ft, at least 10° from property line This sign shall not advertise commercial activity that is not allowed or conducted on same property as sign. There is no time limit for such a sign. SECTION IV. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in districts where permitted, must comply with the following: 1. Shall only be fabricated of and erected on steel and built to a minimum of thirty (30) pounds per square foot windload factor. 7 Shall not be longer than sixty (60) feet. 3. Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs shall be constructed in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference and made a part of this Ordinance. C. No sign shall be permitted within public road right -of -way or be affixed to public structures or public utility poles or boxes or other public equipment except for traffic control signs, public utility signs. or signs for public parks, governmental buildings, or other such public facilities. A special exception may be granted by the City Council if road improvements or other public projects includes the elimination of an access to a private property. In such cases, a sign giving directions to the new access may be allowed in the right of way. D. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. E. e - balloons, stringers are prohibite pe b-l-e--s-ign permit. Signs in windows in the interior of buildings are allowed without permits except that flashing signs are not allowed. No signs shall be attached to the exterior of windows. I IL F "No hunting" and "No trespassing" signs are allowed as regulated by State Statutes 97B.001, no permit required. Ordinance 05 -05, Sign Ordinance page 14 of 30 • G. Illuminated signs are permitted only in limited and general business, shopping center, central business and light and general districts. H. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters /symbols may be directly attached to a wall by adhesive or mechanical fasteners. ' I. No sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. J. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. • K. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening other access of any building or structure. L. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's peiuuission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R4) and Single- Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be placed in front of the polling places. Campaign signs may be displayed twenty -five (25) days prior and five (5) days after the election for which they are intended. Notwithstanding any provision contained in this Ordinance, the City, upon three (3) days notice, may remove any campaign sign in violation of this Ordinance. The sign enforcement authorities for the City of Lino Lakes are authorized to request enforcement of campaign sign violations through agencies and individuals not employed by the City of Lino Lakes M. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an Ordinance 05 -05, Sign Ordinance page 15 of 30 • eyesore or nuisance. The surface of all signs must be repainted at least once every two (2) years or whenever necessary as determined by inspection by Zoning Official to prevent the sign surface from becoming unkempt in appearance. When any sign is removed, the Zoning Official shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. N. Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the Zoning Official. O. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. P. Real estate development signs or construction site signs may be erected in compliance with the requirements of the temporary sign table. Section IV. paragraph EE.providing they do not exceed one hundred (100) square feet of area, are not more than .fifteen (15) feet above grade; and not within one hundred (100) feet of an existin <g residential structure. Q. Directional signs up to four (4) square feet are allowed up to ten (10) feet above grade provided they are not erected adjacent to any residential streets. • R. Temporary real estate signs advertising the sale of individual residences may be erected in compliance with the requirements of the temporary sign table. Section IV. paragraph EE.. • S. Temporary signs advertising buildings or land for rent or for sale in all districts may be erected in compliance with the requirements of the temporary sign table. Section :IV.. paragraph EE.m-ay be placed on such property providing such sig :—afe7 not closer than ken- (10) feet to any property li square feet in industria _ are feet in other areas. T. Projecting signs which extend over public property are prohibited. U. Roof signs are prohibited. V. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. W. Sign permits are required for all signs unless specifically stated otherwise. Sign permit fees shall be as specified in the city fee schedule.All signs including temporary —aa4 accordance with a fee schedule as adopted by the City Council. Ordinance 05 -05, Sign Ordinance page 16 of 30 • • X. Portable S-ifm: A sign designed to be movable from one location to another. (15) days per time. Portable signs shall be limited to special eventr or promotion. Y. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. Z. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. AA. Multi - Occupancy Business and Industrial Buildings: When a single principle building is devoted to three (3) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No pellnit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual tenant sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty Five Percent (25 %) of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. The signs shall be located only on exterior walls which are directly related to the use being identified. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention Ordinance 05 -05, Sian Ordinance page 17 of 30 • • • shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. BB. GRANDFATHER CLAUSE: All signs located within the City of Lino Lakes prior to the adoption of this Ordinance, may continue to exist as to size, illumination and present location, provided the sign does not violate any provisions of the Lino lakes City Code up to the date this Ordinance is passed and adopted. A permit is required for each existing sign, as applicable under this Ordinance. CC. Any signs not specifically allowed by this ordinance are prohibited. DD. Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. removal thereof may be undertaken. by the City upon a-tc.n (10) day notice of such proposed removal to the violator. Ordinance 05 -05, Sign Ordinance page 18 of 30 uirexnents Table u r- uration permit is pulled after the sign is placed permit is pulled altei the sign is placed. 1 Location \ \ # �,� \ / u / ƒ 0 { � '/ � � o : q = A » CID \ ' D r ' k ) . Cr N E 2 ' §. r' a j t to '= ' / % 0 / Cl: / CID ■/ 3 ® S § 12 0 ei k §.3 - 7 9 4 - Ordinance 05 -05, Sign Ordinance 0 it 0 Sandwich board signs must be of solid construction, No balloons or inflatable signs over 24" in diameter issued for last building. a 1 Location O 0G .fl c.) O N y t C s Cs.., r O —� CO G N ti G 0 ~ . � -, 0 ti r. y N, CO O G O 0 ^) Prohibited One sign on each 1 Size cn X O N 0 sG.. O k N O • N X r •N Uild G ` required. iI.Uh t, O Co r U Cy vD O p -95 N G 0 -= ti f —' . O ; ' J c..) :., ^, 0 O 5.= C3 «: :) J ,, 0 i O * c'S . r Ordinance 05 -05, Sign Ordinance • � If a residential subdivision, must be removed when 1 Location \ 7:-.. o ......,e- \ .2 \ y § ,\ 3 r. 2 ©_ 0 '@ ° p % / en \ -' • d ° )° \ G 2 e \ R C3 2 2 `G k § k7 m q g cd § 'n ' 1 Permit @ §Ra.2 a'\ o Z / "0 ) . _ G 'Q / 0 M 0 \ 0 2 7 2 e .2 o E � G '� 0, 2 ® d cz G . '� © / © ^0 + '� 't © o''G » . - © = -o / \ - 2 § CO u @ • o E \ cri . Ordinance 05 -05, Sign Ordinance • • § Ordinance 05 -05, Sign Ordinance signage if single building has three or more businesses, must comply with Sec. IV. AA. and shall be limited to •� § cn E f S ) c " tO �� Cl.) � n t44.1 0 2 ' 0 C a '� o ) _ o VCal of /% % E2% '@.§ " d Z q CID c•• � � .1 `V § / / / t w a 1\0 0 2 o o =f k NEIGHBORHOOD BUSINESS ZONING DISTRICT 0 » § / = E o S q -97- Ordinance 05 -05, Sign Ordinance • • • co co a) cn C cn • that tenant's wall area. Same size as single /double. If second sin is on end of 0 Cji • Q.i 0 > 0 r • J •H 0 CS 0 0 4-• on the buildin hl • — 0 0 z 0 ••• vi 4-. 0 O z O O 0 g • Fi 0 IJ r 0 O 0 0 V) .-y • O 0 O z O •- .0 r ^0 i v • 2 -0 J N 0 0 hli Cr) o °0 0 4 0 • O 0 • 0 0 «S Building Wall Signs - 9 8 - • cr • 0 act 0 cn 0 Ordinance 05 -05, Sign Ordinance Ordinance 05 -05, Sign Ordinance • Ordinance 05 -05, Sign Ordinance No illuminated sign may m a r tr M - 100 - Advertising Signs Property setback Ordinance 05 -05, Sign Ordinance • lb • • • • § C41 \ cip \ • n 0 N Ordinance 05 -05, Sign Ordinance Station Signs au S iIL%. vvay -one pylon -100 sf -65' height / 2 � or more businesses, must 1 C) . ± \ o '\ J \� U o # ' § ƒ y § / k `,'/ m . # § \ E E. k G r ? c 71- j Q g r. / . § 3 / [except motor fuel p-�l-c x=Ground signs of anv tvne totaling 2 sf ner ic,ONING DISTRICTS n 0 N Ordinance 05 -05, Sign Ordinance • • CZ O CZ 0 0 C ) O 0 a) h 0 0 rl 0 U • O 0 0 w a) 0 z 0 Q �rJ • 0 CZ 0 0 r a) 0 0 C O 0 , • •J 0A) En 0 U ▪ O No illuminated si face land zoned residential ^ c3 A E-4 • O •..• a) • zs .a i> -, — sue. a) • •.ti -0 v 0 h 0 0 .- 0 0 a) L No roof signs. 0 O 4-. 0 O N • 0 0 0• O 0 z Juided residential b Building Wall Signs —102— • • • • Motor Fuel Station one additional 30' max hei -max 200 sf -40' heiaht relax ctS 'cn p 0 r1 0 • va L. • O O to 4- 0 z oct 000 C7 v) - 103 - Ordinance 05 -05, Sign Ordinance • • one sign. greater of U . 3 CS i _ 0 -, C3 C3 C3 0 0 w 0 •~ 0---G cd 0 Q °s C3 0 O a? hl O cn 0 0 z Ct 0. 0 z 0 -.r U V CC ■ • V) U •v CZ CZ 7-1 If second sign is on end r 0 J i -4-4 COQ tn c-3 O I '0 � .D 0 ca hid rr 0 • 0 O 0 illuminated si O D • c3 ✓� F~' to sir 0 C Cd O -o • -y ti U 0 O 0 0 0 • •� 0 c3 O c3 0 O O O 0 O O O 0 E 0 Cv 0 0 "0 0 I-. 0 0 0 •N 0 c 0 0 • z 0 O 0 N 0 O 0 0 ; VD cn 0 6 2 0 0 O O 0 0 O v, U -0 0 • -. O 0 o 0 r. • a r urn 0 U v No roof signs. 0 0 0 ti CZ z C'S 0 3 Building Wall Si - 104 - 0 • VD Ordinance 05 -05, Sign Ordinance • Passed by the Lino Lakes City Council this day of 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Ordinance nc -O5, Sign Ordinance page 30 of 30 - 1 0 5 - p a b • • AGENDA ITEM 6 G STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 22, 2005 TOPIC: First Reading, Ordinance 07 -05: Zoning Ordinance Amendment for Regulating Building Materials for Commercial, Industrial, and Institutional Buildings VOTE: 3/5 BACKGROUND The zoning ordinance includes requirements for exterior building material. The existing text imposes only minimal restrictions on building materials for commercial, industrial, and institutional buildings. The community standards regarding the quality of buildings have changed over time. Specifically, metal- skinned buildings that are or resemble pole barns no longer are acceptable. This type of construction is appropriate for agricultural uses or storage in rural areas. It is not acceptable for new commercial, industrial, or institutional structures. The attached draft ordinance proposes new language to clarify the requirements. In addition, new language has been added to address institutional uses in all locations. Churches and schools are allowed by conditional use in rural and residential zones, so the ordinance should cover those situations. The Planning & Zoning Board held a public hearing on this amendment on August 10 and recommended approval. OPTIONS 1. Approve the proposed amendments to the zoning ordinance. 2. Return to staff with direction RECOMMENDATION Option 1 • CITY OF LINO LAKES ORDINANCE NO. 07-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING EXTERIOR BUILDING MATERIALS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL STRUCTURES The City Council of the City of Lino Lakes hereby ordains Section 1 Findings The City Council makes the following findings: 1. The zoning ordinance includes requirements for the type of exterior building materials for commercial, industrial, and institutional buildings. 2. It is appropriate that these requirements be updated to reflect changes in the community and the market. • 3. The requirements should address institutional buildings such as religious and education facilities in all areas in which they are allowed by the zoning ordinance. • Section 2 Ordinance Amendment Section 3, Subd. 4.B.4. of the zoning ordinance (Ordinance No. 08 -03, as amended) is amended as follows: SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. B. Building Type and Construction. 4. Commercial, Industrial, and Institutional. All buildings erected on and within commercial, industrial and public and semi - public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: a. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. • • • b. Exterior wall surfaces may be a combination of materials including brick, stucco, EFTS (exterior finish insulation system), textured. colored or decoratively finished pre -cast concrete panel, decorative or poured -in- place concrete panel, _ - - _ _ - - - - e e textured concrete masonry units, cast in place concrete, natural stone, manufactured stone, transparent, tinted or low- reflective glass, or decorative metal cladding panels. e _ - Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front building elevation, and no more than sixty (60) percent of any side or rear building elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane. Decorative metal cladding refers to decorative, metal cladding systems such as copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the primary wall system. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system, or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited. surface. aenty (20) percent of th w c. c. Buildings shall have a well- defined base, middle and top. The base should appear visually distinct from the middle and top part (cornice) of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band; an awning, or similar techniques. d. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. e. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. f. All mechanical equipment, such as air conditioning handling units located anywhere on the property, including rooftop equipment, ete -shall be screened e e e- - -_ _ - - - - _' • _ . from view from adjacent streets, public rights of way, and adjacent properties. - 1 0 8 - Ordinance 07 -05, page 2 • • • q. Where a site abuts a residential property, the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property. Section 3 As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 1 0 9 - Ordinance 07 -05, page 3 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6H Michael Grochala August 22, 2005 Consideration of Resolution No. 05 -118 Approving County Project within Municipal Corporate Limits (CSAH 14) Simple Majority City staff has been working with Anoka County, Washington County and the City of Hugo, for the past two years, to complete the design of CSAH 14 (Main Street) from 1- 35E to Trunk Highway 61 in Hugo. The project has received federal funding and is expected to be awarded in November of 2005 with the majority of construction starting in 2006. The proposed improvements include the reconstruction of the roadway to a four lane, divided street section. The intersection of Main Street and Otter Lake Road will be signalized as part of the project. The project will also include the construction of a pedestrian /bicycle trail from Otter Lake Road to Trunk Highway 61. Washington County, the lead agency for the project, and Anoka County are requesting municipal approval of the plans. RECOMMENDATION Staff is recommending approval of Resolution No. 05 -118. ATTACHMENTS 1. Resolution No. 05 -118 2. Project-Fact Sheet 3. Project Layout • City Council Approving CSAH 14 Project August 22, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -118 APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LINTS ANOKA COUNTY STATE AID HIGHWAY (CSAH) 14 (I -35E TO EAST CORPORATE LIMITS) WHEREAS, plans for Project No. SP 02- 614 -23 & SP 210- 020 -02 showing proposed alignment, profiles, grades and cross - sections for the construction, reconstruction or improvement of County State -Aid Highway No. 14 within the limits of the City as a Federal Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that said plans be in all things approved and the City Engineer is hereby authorized to sign the construction plans on behalf of the City.. 40 Adopted by the Lino Lakes City Council this 22nd day of August, 2005. ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor COUNTY STATE AID HIGHWAY 14/8 IMPROVEMENTS •ED FOR PROJECT Traffic Operations ➢ Traffic volumes on CSAH 8/14 more than doubled on segments of the road since 1992. The 2005 traffic volume is 14,500 ADT (Average Daily Traffic). 1 -35 TO HIGHWAY 61 PROJECT BACKGROUND INFORMATION ➢ The two -way average daily traffic volume on the roadway is projected to increase within the next 20 years to approximately 33,000 vehicles per day. ➢ Engineering studies show that 2 -lane roadways begin to experience unacceptable operations at 10,000 to 12,000 vehicles per day in developing areas, depending on access conditions. ➢ This roadway is classified as a Minor Arterial. Its primary function is to distribute traffic from local streets to the interstate system and provide regional mobility. ➢ The inplace roadway contains approximately 50 residential and commercial driveways and City streets, which create safety concerns for access. Roadway Condition ➢ Bituminous roadways are designed for a service Life of approximately 35 years. This roadway was constructed 35 years ago. The pavement condition will deteriorate with the projected traffic volumes. Pedestrian Safety ➢ There are no bicycle or pedestrian paths along the roadway except the sidewalks in front of the residential properties near Highway 61. OOPOSED IMPROVEMENTS ➢ Reconstruction of CSAH 14/8 with four through lanes, turn lanes, and a center median. ➢ Improvements to TH 61 to accommodate turn lanes. ➢ Traffic signals at Otter Lake Road, Victor Hugo Boulevard, and TH 61. ➢ Construction of a pedestrian /bicycle path. ➢ Construction of new culverts, storm sewer, and ston-n water ponds. ➢ Construction of City utilities and sanitary sewer interceptor. PROJECT COST AND FUNDING ➢ Project construction cost is estimated at $8.5 million for CSAH 14/8 and $1.5 million for utilities. A ➢ Project to be funded with $4 million of Federal funding with Washington County, Anoka County, Hugo, Lino Lakes, and Metropolitan Council providing the remaining funding. Washington -� County - 112 - WY =lluho CITY ' F IN l KE August 2005 • COUNTY STATE AID HIGHWAY 14/8 IMPROVEMENTS 1 -35 TO HIGHWAY 61 SCHEDULE • Right of Way Acquisition, Project Design, Permits, Approvals, and Agreements Completed in September 2005 • Project Letting in November 2005 Start Construction in December 2005 • Substantial project completion estimated by the end of 2006 with final cleanup in 2007 PROJECT LOCATION MAP • • Rrixt -113- Anau.et 2005