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10/14/2002 Council Packet
• AMENDED AGENDA CITY OF LINO LAKES Monday October 14, 2002 Council Chambers 6:30 P.M. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda — A) Con,44eration of Expenditures: i) October 14, 2002 (Check No.66239 through 66481 in the amount of $508,804.61). ii) Centennial Fire District (Check No. 13421 through 13447 in the amount • of $11,866.17). • B) Consider Approving Application for Exempt Permit from Lawful Gambling License, St. Joseph Catholic Church C) Consider Authorizing $3,943.00 Payment to Centennial School District for Items Damaged by Mold 2. Open Mike A) Turtleman Triathlon Donation to Police Reserves — Diane Soucheray 3. Finance Department Report, Al Rolek A) Amend date for Public Hearing for Certification of Delinquent Utility Fees 4. Administration Department Report, Dan Tesch A) Consider Resolution No. 02 -150 Approving New Off -Sale Liquor License and a Tobacco License for Eagle Liquor and Tobacco Application, Ann Blair B) Public Hearing and First Reading of Ordinance No. 11 -02, Cable Franchise 5. Public Safety Department Report, Dave Pecchia None. Page 1 • • • AMENDED AGENDA 6. Public Services Department Report, Rick DeGardner A) Accepting Donation from Lexington Fireman's Relief Association, Rick DeGardner 7. Community Development Department Report, Michael Grochala A) Consider Resolution No. 02 -145 Approving JADT Addition Development Contract, Michael Grochala B) Consider Resolution No. 02 -146 Approving Stoneybrook Development Contract, Michael Grochala C) Consider Resolution No. 02 -117, Approving a Variance and a Minor Subdivision, 855 Ash Street, (Lindahl property), Tanda Gretz D) Consider Resolution No. 02 -144, Final Plat Approval and Allocation of MUSA Reserve, Clearwater Creek Fifth Addition, Jeff Smyser E) Consider Resolution No. 02 -142, Approving Distribution of EAW for Eagle Brook Church, Jeff Smyser F) Public Hearing, Consider First Reading of Ordinance No. 12 -02 Vacating Ponding Easement, Lot 11, Block 2, Sunset Oaks, 73 Lilac Street (Debra Woods), Tanda Gretz. G) Consider Second Reading of Ordinance No. 09 -02, Vacating Drainage and Utility Easement, Lot 3 and Lot 4, Block 1, Pheasant Hills 9th, (Brausen property), Tanda Gretz H) Consider Resolution No. 02 -147 Accepting Quotes for Boulevard Tree Plantings, Marty Asleson I) Consider Resolution No. 02 -149 Amending City's Public Improvement Financing Policy (Nadeau request) -- (to follow at meeting) 8. Unfinished Business A) September 9, 2002 Council Minutes 9. New Business A) September 18, 2002 Work Session Minutes B) September 23, 2002 Council Minutes C) October 2, 2002 Special Work Session Minutes Page 2 • • • AMENDED AGENDA 10. Community Calendar, October 14 through October 28, 2002: A) Council Work Session, Wednesday, October 23, 2002, 5:30 p.m. B) Environmental Board Meeting, Wednesday, October 23, 2002, 6:30 p.m. C) City Council Meeting, Monday, October 28, 2002, 6:30 p.m. 11. Adjourn Revised ajb 10/11/02 12:13 p.m. Page 3 • EXPENDITURES OCTOBER 14, 2002 • Date: 10 /02/2002 Time: 13:14:48 City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal Ses: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2698 - 2698 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Vendor # Name Invoice Status: A # of copies: 1 Check Over Expend: N Discount # of items Net Gross Discount Lost 001780 HAMMES, WILLIAM Grand Totals: • • 1 1,500.00 1,500.00 .00 1 1,500.00 1,500.00 .00 .00* Date: 09/26/2002 Time: 10:29:16 City of Lino Lakes FM Entry - Invoice Journal Ses: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2681 - 2681 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) 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 000073 MCCARTHY, KELLY ANN 1 380.00 380.00 .00 .00 000089 ACCENT HOMES 1 500.00 500.00 .00 .00 000110 A T & T WIRELESS 1 49.00 49.00 .00 .00 000178 NEECK, WILLIAM 1 4.50 4.50 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 176.20 176.20 .00 .00 000221 RAFFERTY, ROBERT G. 1 100.00 100.00 .00 .00 000329 ROLEK, ALAN 1 671.51 671.51 .00 .00 000368 BML BUILDERS, INC. 1 500.00 500.00 .00 .00 000506 WITCHER CONSTRUCTION COMPANY 1 116.37 116.37 .00 .00 000508 BRUNN CONSTRUCTION, INC. 1 500.00 500.00 .00 .00 111, BURR, ADAM 1 63.32 63.32 .00 .00 000511 ELDER -JONES BUILDING PERMIT 1 42.34 42.34 .00 .00 000512 NADEAU, PETE 1 220.00 220.00 .00 .00 000513 THORP, RAY & ARLENE 1 101.00 101.00 .00 .00 000526 SHADE TREE CONSTRUCTION 1 500.00 500.00 .00 .00 000528 QWEST 1 36.47 36.47 .00 .00 000621 LYDEN, CHRISTOPHER 1 150.00 150.00 .00 .00 000697 KNISLEY CONSTRUCTION 1 500.00 500.00 .00 .00 000775 COX GENERAL CONTRACTING 1 500.00 500.00 .00 .00 000897 GRETZ, TANDA 1 119.00 119.00 .00 .00 000905 HYDEN, MICHAEL 1 150.00 150.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 1,118.67 1,118.67 .00 .00 • Date: 09/26/2002 Time: 10:29:16 City of Lino Lakes FM Entry - Invoice Journal or # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 001115 CHICILO HOMES, INC. 1 500.00 500.00 .00 .00 001209 CORSON, KIRK 1 150.00 150.00 .00 .00 001780 HAMMES, WILLIAM 1 1,500.00 1,500.00 .00 .00 002000 INTL UNION OF OPER ENGR 1 420.00 420.00 .00 .00 002243 LANE, SHARON 1 100.00 100.00 .00 .00 002517 MEADOW VIEW HOMES 1 500.00 500.00 .00 .00 002694 MINNCOMM PAGING, INC. 1 53.80 53.80 .00 .00 003091 MINN NCPERS GROUP LIFE INSURANCE 1 400.00 400.00 .00 .00 003451 PERA /REGULAR 1 16,453.27 16,453.27 .00 .00 003762 RICE CREEK WATERSHED DISTRICT 2 200.00 200.00 .00 .00 003915 SCHAPS, JAMES 1 225.00 225.00 .00 .00 004059 SMYSER, JEFF 1 318.50 318.50 .00 .00 004440 TJB SUPER ENERGY HOMES 1 500.00 500.00 .00 .00 004671 VERIZON WIRELESS 1 399.12 399.12 .00 .00 900096 ZYCH, JOSEPH 1 150.00 150.00 .00 111113 GOR -EM, LLC 1 27.50 27.50 .00 .00 900511 ALEXANDRA HOUSE, INC. 1 15.00 15.00 .00 .00 Grand Totals: 40 28,410.57 28,410.57 .00 .00* • Date: 10/02/2002 Time: 15:03:51 Ses: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2697 - 2697 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name # of items Page: 1 Discount Net Gross Discount Lost 000110 A T & T WIRELESS 000338 IRLBECK, BOB 000354 SWENSON, DAVE 000416 BORNHOFT, REID 000431 GORSKI, MARK 000438 LARSON, JIM 000445 MOLDENHAUER, ANDY 000453 ROSVOLD, RICK 000496 LOKOWICH, MIKE 000516 AHLES, MATTHEW 41, ANDERSON, ERIC 000520 AHN, ERIC 000521 ANDERSON, RICK 000523 BOROWICZ, CRAIG 000524 BROTEN, JOHN 000528 QWEST 000530 COLVARD, BRIAN 000532 DAVIS, GLEN 000533 CHAPMAN, MIKE 000534 DANZL, LORI 000570 EWALD, ROB 000571 EKELING, GUNILLA • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 552.08 552.08 .00 .00 67.00 67.00 .00 .00 60.00 60.00 .00 .00 30.50 30.50 .00 .00 27.50 27.50 .00 .00 60.00 60.00 .00 .00 54.00 54.00 .00 .00 54.00 54.00 .00 .00 54.00 54.00 .00 .00 33.00 33.00 .00 .00 60.00 60.00 .00 .00 60.00 60.00 .00 .00 27.00 27.00 .00 .00 33.00 33.00 .00 .00 61.00 61.00 .00 .00 54.45 54.45 .00 .00 22.00 22.00 .00 .00 67.00 67.00 .00 .00 30.50 30.50 .00 .00 30.50 30.50 .00 .00 33.00 33.00 .00 .00 61.00 61.00 .00 .00 Date: 10/02/2002 Time: 15:03:51 •r # Name City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000572 FABIAN, BRIAN 000573 FISCHER, KEVIN 000574 FLYNN, JIM 000581 FORNESS, KATHLEEN 000582 FELLOWS, KELLY 000629 MISCHKE, KATHY 000661 FABIAN, MARTY 000664 GROOMS, LAURA 000665 HUGHES, TERRY 000671 HAUPERT, RANDY 000672 HANSON, RANDY 000674 HARRISON, KIM 000698 KEY LAND HOMES 000704 HAGEN, JEFF 000707 HELGEMOE, JASON 1119 JOHNSON, TOM 000740 JOHNSON, BILL 000742 KRUDWIG, MIKE 000746 KIRKLAND, KEITH 000751 KIRBY, DAVE 000813 BOEHNE, BRAD 000822 HOFMANN, JOHN 000881 KLEIN, CAROL 000883 LAMERE, DOUG 000903 BUDIG, TIM 000915 LINDNER, JERRY 000923 BURNS, JOHN • 1 33.00 33.00 .00 .00 1 33.00 33.00 .00 .00 1 22.00 22.00 .00 .00 1 25.50 25.50 .00 .00 1 61.00 61.00 .00 .00 1 56.00 56.00 .00 .00 1 54.00 54.00 .00 .00 1 27.00 27.00 .00 .00 1 22.00 22.00 .00 .00 1 30.50 30.50 .00 .00 1 61.00 61.00 .00 .00 1 54.00 54.00 .00 .00 3 1,500.00 1,500.00 .00 .00 1 67.00 67.00 .00 .00 1 67.00 67.00 .00 .00 1 33.00 33.00 .00 .00 1 61.00 61.00 .00 .00 1 33.00 33.00 .00 .00 1 66.00 66.00 .00 .00 1 60.00 60.00 .00 .00 1 27.50 27.50 .00 .00 1 27.00 27.00 .00 .00 1 60.00 60.00 .00 .00 1 33.00 33.00 .00 .00 1 41.99 41.99 .00 .00 1 33.00 33.00 .00 .00 1 66.00 66.00 .00 .00 Date: 10/02/2002 Time: 15:03:52 City of Lino Lakes FM Entry - Invoice Journal 11111r # Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 000924 HIEMSTRA, DAVE 000926 LAUBERSHEIMER, MIKE 000928 LUTZ, JOHN 000931 LARSEN, KEN 000932 LINDERS, DAN 000939 MCBRIDE, STEVE 000940 MOCKENHAUPT, CINDY 000941 NELSON, JIM 000943 CORY, MARK 000944 OBERG, TERRY 000945 DIMARTINO, MICHAEL 000949 HANSON, DOUG 000951 OCONNELL, BRIAN 000952 OSTERGREN, JERRY 000953 PAP, KELLY 104 PETERSON, TED 000958 OAWSTER, STAN 000959 ROBBINS, GARY 000963 WAGNER, KEN 000967 DEGREE, DAVE 000985 PRAY, SCOTT 001006 PALERMO, MIKE 001012 PAULUS, JOHN 001013 POTHEN, ELAINE 001019 PRAZICH, GARY 001039 PEARSON, MARK 001051 REGENSCHEID, MIKE • 1 66.00 66.00 .00 .00 1 33.00 33.00 .00 .00 1 33.00 33.00 .00 .00 1 22.00 22.00 .00 .00 1 27.00 27.00 .00 .00 1 54.00 54.00 .00 .00 1 27.00 27.00 .00 .00 1 22.00 22.00 .00 .00 1 54.00 54.00 .00 .00 1 33.00 33.00 .00 .00 1 54.00 54.00 .00 .00 1 30.50 30.50 .00 .00 1 33.00 33.00 .00 .00 1 66.00 66.00 .00 .00 1 22.00 22.00 .00 .00 1 66.00 66.00 .00 .00 1 54.00 54.00 .00 .00 1 61.00 61.00 .00 .00 1 27.00 27.00 .00 .00 1 60.00 60.00 .00 .00 1 66.00 66.00 .00 .00 1 66.00 66.00 .00 .00 1 30.50 30.50 .00 .00 1 14.00 14.00 .00 .00 1 27.50 27.50 .00 .00 1 30.50 30.50 .00 .00 1 33.00 33.00 .00 .00 Date: 10/02/2002 Time: 15:03:52 Name City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 001059 MTGF CONFERENCE 1 90.00 90.00 .00 .00 001090 RECKARD, BARB 1 27.00 27.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 383.33 383.33 .00 .00 001113 SANDERS, BRAD 1 33.00 33.00 .00 .00 001118 SPIESS, FRED 1 66.00 66.00 .00 .00 001127 STACK, CHRIS 1 67.00 67.00 .00 .00 001129 SCHULLER, MIKE 1 60.00 60.00 .00 .00 001130 STEICHER, KEITH 1 54.00 54.00 .00 .00 001140 SCHEVENIUS, DAVID 1 54.00 54.00 .00 .00 001141 THOEMKE, MIKE 1 33.00 33.00 .00 .00 001165 TRETTEL, GARY 1 61.00 61.00 .00 .00 001170 TWAIT, STEVE 1 61.00 61.00 .00 .00 001171 WELCIEK, JEFF 1 30.50 30.50 .00 .00 001172 YOCH, STEVE 1 54.00 54.00 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 3,156.20 3,156.20 .00 .00 FORTIS BENEFITS, INC. 1 707.95 707.95 .00 .00 001607 GAVIN, BRAD 1 60.00 60.00 .00 .00 002467 MAC MAY HOMES 2 1,000.00 1,000.00 .00 .00 002540 MEDICA 1 30,308.32 30,308.32 .00 .00 004342 T & D HOMES 1 465.00 465.00 .00 .00 004766 WALMSLEY, MARK 1 54.00 54.00 .00 .00 900008 RYDLUND, BRIAN 1 27.00 27.00 .00 .00 900058 HANSON BUILDERS, INC. 1 500.00 500.00 .00 .00 Grand Totals: 102 42,650.32 42,650.32 .00 .00* • Date: 10/04/2002 Time: 09:09:01 City of Lino Lakes FM Entry - invoice Journal •es: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2701 - 2701 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) 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 000013 ANOKA POLICE DEPARTMENT 1 565.20 565.20 .00 .00 000021 RAMSEY POLICE DEPARTMENT 1 1,074.78 1,074.78 .00 .00 000023 SPRING LAKE PARK POLICE DEPARTMENT 1 993.63 993.63 .00 .00 000075 FIOCCHI AMMUNITION, INC. 1 1,173.60 1,173.60 .00 .00 000093 ACE SOLID WASTE, INC. 1 321.86 321.86 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 129.80 129.80 .00 .00 000158 ALL STAR SPORTS, INC. 1 448.07 448.07 .00 .00 000176 GRAYBAR ELECTRIC COMPANY, INC. 1 175.41 175.41 .00 .00 000183 NATIONAL PEN CORPORATION 1 640.72 640.72 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 782.05 782.05 .00 .00 IlkAMERICAN FASTENER & SUPPLY 1 91.39 91.39 .00 .00 000224 ST. FRANCIS POLICE DEPARTMENT 1 634.04 634.04 .00 .00 000250 AMERICAN PLANNING ASSOCIATION 1 160.00 160.00 .00 .00 000279 NOBLE LANDSCAPE /GARDEN CENTER, INC. 1 7,181.00 7,181.00 .00 .00 000293 WIPERS AND WIPES, INC. 2 280.67 280.67 .00 .00 000298 ALAN MERRICK'S SOCCER ACADEMIES 1 1,425.00 1,425.00 .00 .00 000299 CENTERVILLE REDI -MIX, INC. 1 526.11 526.11 .00 .00 000300 AMERICAN WATER WORKS 1 109.00 109.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 40.00 40.00 .00 .00 000349 MINNEAPOLIS, CITY OF 1 72.00 72.00 .00 .00 000370 CENTRAL COMMUINICATIONS 2 446.57 446.57 .00 .00 000389 CUB FOODS 1 17.15 17.15 .00 .00 • Date: 10/04/2002 Time: 09:09:02 1111r # Name City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000403 ANOKA COUNTY SHERIFF 000420 ANOKA COUNTY 000435 DPMS PANTHER ARMS 000456 KARKELA CONSTRUCTION, INC. 000465 MN DEPT OF ADMIN /INTECH GROUP 000468 RELIASTAR LIFE INSURANCE COMPANY 000478 ARCADE ASPHALT, INC. 000617 MICRO WAREHOUSE, INC. 000724 BLUE TOW SERVICE, INC. 000810 BRAUER & ASSOCIATES, LTD. 000839 COON RAPIDS POLICE DEPARTMENT 000891 ZYLSTRA HARLEY - DAVIDSON, INC. 000917 KFC 000930 WILLIAM G. HAWKINS & ASSOCIATES 000936 RANALLO, BO}3 111117 REED, STEVE 000946 C. P. OFFICE PRODUCTS 000980 UNITED RENTALS, INC. 000990 NEW HOLLAND PLAN 001040 CENTENNIAL FIRE DISTRICT 001062 CULLIGAN, BOTTLED WATER, INC. 001101 CENTENNIAL LAKES POLICE DEPARTMENT 001110 CIRCLE PINES, CITY OF 001117 CHOMINOX GOLF COURSE 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 001173 CRIME PREVENTION RESOURCES 001187 CONNEXUS ENERGY • • 1 935.06 935.06 .00 .00 1 46.00 46.00 .00 .00 1 649.95 649.95 .00 .00 1 5,071.25 5,071.25 .00 .00 2 74.00 74.00 .00 .00 1 1,148.61 1,148.61 .00 .00 1 20,163.00 20,163.00 .00 .00 1 31.98 31.98 .00 .00 2 140.00 140.00 .00 .00 2 8,363.15 8,363.15 .00 .00 1 789.47 789.47 .00 .00 1 324.17 324.17 .00 .00 1 160.51 160.51 .00 .00 1 14,363.00 14,363.00 .00 .00 1 66.00 66.00 .00 .00 1 66.00 66.00 .00 .00 1 141.41 141.41 .00 .00 1 464.11 464.11 .00 .00 1 62.61 62.61 .00 .00 1 101,677.25 101,677.25 .00 .00 1 67.44 67.44 .00 .00 1 774.89 774.89 .00 .00 1 9.53 9.53 .00 .00 1 1,300.00 1,300.00 .00 .00 1 51.12 51.12 .00 .00 1 154.00 154.00 .00 .00 1 6,998.00 6,998.00 .00 .00 Date: 10/04/2002 Time: 09:09:02 City of Lino Lakes Operator: JAL Page: 3 FM Entry - Invoice Journal Discount r # Name # of items Net Gross Discount Lost 001189 ENVROBATE METRO 1 350.00 350.00 .00 .00 001190 FED EX 1 17.58 17.58 .00 .00 001194 HYMARK ELECTRIC, INC. 1 146.70 146.70 .00 .00 001195 JEANNE THORNE, INC. 2 1,477.30 1,477.30 .00 .00 001200 OLSON, WENDY 1 66.00 66.00 .00 .00 001204 QUINN, FRANK 1 66.00 66.00 .00 .00 001205 CITYWIDE GLASS 1 395.68 395.68 .00 .00 001255 CY'S UNIFORMS, INC. 1 71.06 71.06 .00 .00 001270 DALCO, INC. 1 291.49 291.49 .00 .00 001292 DEHN OIL COMPANY, INC. 2 2,497.95 2,497.95 .00 .00 001360 E. L. REINHARDT COMPANY, INC. 1 28.44 28.44 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 84.66 84.66 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 63.56 63.56 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 266.92 266.92 .00 .00 001618 GLENN REHBEIN EXCAVATING, INC. 1 24,913.75 24,913.75 .00 .00 1100 GLENWOOD INGLEWOOD, INC. 1 18.93 18.93 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 460.35 460.35 .00 .00 001847 HIRSHFIELD'S PAINT MANUFACTURING,IN 1 111.20 111.20 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 10.31 10.31 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 2 1,650.00 1,650.00 .00 .00 001980 IKON OFFICE SOLUTIONS, INC. 1 27.37 27.37 .00 .00 002003 INTERNATIONAL PERSONNEL MANAGEMENT 1 145.00 145.00 .00 .00 002180 KRUEGER INTERNATIONAL 1 241.29 241.29 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 110.00 110.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 1 122,752.00 122,752.00 .00 .00 002324 LEROY J. HOULE CONTRACTING 1 490.00 490.00 .00 .00 002550 MENARDS, INC. 2 61.60 61.60 .00 .00 • Date: 10/04/2002 Time: 09:09:03 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount 41111/r # Name # of items Net Gross Discount Lost 002760 MN. DEPT OF HEALTH 002822 MINNESOTA COUNTY ATTORNEYS ASSOC 002900 MN. DEPARTMENT OF SAFETY 003050 MRPA 003300 NORTHWAY IRRIGATION /LANDSCAPING 003320 NORTHWEST ASST CONSULTANT, INC. 003390 OFFICEMAX, INC. 003500 PHOTO WORLD, INC. 003512 PIONEER RIM & WHEEL COMPANY, INC. 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 003882 SHRED -IT, INC. 003900 SAFETY KLEEN CORPORATION, INC. 004240 STREICHER'S, INC. 004280 SUNSHINE LIGHTING COMPANY, INC. 004340 T.A. SCHIFSKY AND SONS, INC. 111110 T.K.D.A. 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 004540 TWIN CITY GARAGE DOOR CO., INC. 004562 U.S. FILTER /WATERPRO, INC. 004630 UNIVERSITY OF MINNESOTA 004709 VARSITY PHOTOS, INC. 004880 ZACK'S INC. MUN. INDUS. SUP 900523 OLSON SEWER SERVICE, INC. 900591 CORPORATE EXPRESS, INC. Grand Totals: • 1 4,015.00 4,015.00 .00 .00 2 782.60 782.60 .00 .00 1 31.00 31.00 .00 .00 1 16.00 16.00 .00 .00 1 67.50 67.50 .00 .00 5 7,348.24 7,348.24 .00 .00 1 405.00 405.00 .00 .00 1 169.44 169.44 .00 .00 1 248.78 248.78 .00 .00 2 1,109.30 1,109.30 .00 .00 1 54.95 54.95 .00 .00 3 225.00 225.00 .00 .00 1 1,153.84 1,153.84 .00 .00 2 729.62 729.62 .00 .00 2 2,563.56 2,563.56 .00 .00 12 66,232.58 66,232.58 .00 .00 2 811.01 811.01 .00 .00 1 76.00 76.00 .00 .00 1 8,017.67 8,017.67 .00 .00 1 340.00 340.00 .00 .00 1 3,112.00 3,112.00 .00 .00 2 288.66 288.66 .00 .00 1 100.00 100.00 .00 .00 4 2 150.27 150.27 .00 .00 133 436,243.72 436,243.72 .00 .00* • Date: 10/04/2002 Time 09:14:32 '-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) 2682 - 2702 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 66241 66282 66283 66243 66284 66285 0 0 0 66244 66286 66287 88 89 111145 66291 66246 0 66292 66247 66293 0 0 66294 66250 0 66295 66296 66297 66298 66299 66300 66251 0 66301 66303 • Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount ACCENT HOMES AHLES, MATTHEW AHN, ERIC AMERICAN FAMILY LIFE A ANDERSON, ERIC ANDERSON, RICK ANOKA COUNTY SHERIFF ANOKA POLICE DEPARTMEN BLUE TOW SERVICE, INC. BML BUILDERS, INC. BOEHNE, BRAD BORNHOFT, REID BOROWICZ, CRAIG BROTEN, JOHN BRUNN CONSTRUCTION, IN BURNS, JOHN BURR, ADAM CENTENNIAL LAKES POLIC CHAPMAN, MIKE CHICILO HOMES, INC. COLVARD, BRIAN CONNEXUS ENERGY COON RAPIDS POLICE DEP CORY, MARK COX GENERAL CONTRACTIN CUB FOODS DANZL, LORI DAVIS, GLEN DEGREE, DAVE DELTA DENTAL PLAN OF M DIMARTINO, MICHAEL EKELING, GUNILLA REIMS BLDG ESCROW /685 HI * * * * * * ** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC SAFE /SOBER REIMBURSEMENT SAFE /SOBER REIMBURSEMENT TOWING CHARGE REIMB BLDG ESCROW /2365 6 REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC REIMB BLDG ESCROW /1480 0 REIMBURSE PROGRAM REC REIMBURSE WATER OVERPAYM SAFE /SOBER REIMBURSEMENT REIMBURSE PROGRAM REC REIMB BLDG ESCROW /1434 S REIMBURSE PROGRAM REC OUTDOOR LIGHTING /CLEARWA SAFE /SOBER REIMBURSEMENT REIMBURSE PROGRAM REC REIMB BLDG ESCROW /8140 2 SUPPLIES REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC DENTAL INSURANCE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** ELDER -JONES BUILDING P REIMB BLDG PERMIT /7180 L * * * * * * ** ENVROBATE METRO REIMBURSE HYDRANT METER * * * * * * ** EWALD, ROB REIMBURSE PROGRAM REC * * * * * * ** FABIAN, MARTY REIMBURSE PROGRAM REC * * * * * * ** 500.00 33.00 60.00 176.20 60.00 27.00 935.06 565.20 140.00 500.00 27.50 30.50 33.00 61.00 500.00 66.00 63.32 774.89 30.50 500.00 22.00 6,998.00 789.47 54.00 500.00 17.15 30.50 67.00 60.00 1,850.82 54.00 61.00 42.34 350.00 33.00 54.00 Date: 10/04/2002 Time 09:14:32 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 66302 FABIAN, ROBERT 0 FED EX 66304 FELLOWS, KELLY 66305 FISCHER, KEVIN 66306 FLYNN, JIM 66307 FORNESS, KATHLEEN 66309 GAVIN, BRAD 66252 GOR -EM, LLC 66310 GORSKI, MARK 66311 GROOMS, LAURA 66312 HAGEN, JEFF 66313 HANSON BUILDERS, INC. 66314 HANSON, DOUG 66315 HANSON, RANDY 66316 HARRISON, KIM 66317 HAUPERT, RANDY 66318 HELGEMOE, JASON 66319 HIEMSTRA, DAVE 66320 HOFMANN, JOHN 66321 HUGHES, TERRY 66255 INTL UNION OF OPER ENG 66322 IRLBECK, BOB 66323 JOHNSON, BILL 66324 JOHNSON, TOM O KARKELA CONSTRUCTION, 66325 KEY LAND HOMES III 26 KIRBY, DAVE 27 KIRKLAND, KEITH 28 KLEIN, CAROL 66256 KNISLEY CONSTRUCTION 66329 KRUDWIG, MIKE 66330 LAMERE, DOUG 66331 LARSEN, KEN 66332 LARSON, JIM 66333 LAUBERSHEIMER, MIKE O LEAGUE OF MN CITIES IN 66334 LINDERS, DAN 66335 LINDNER, JERRY 66336 LOKOWICH, MIKE 66337 LUTZ, JOHN 66338 MAC MAY HOMES 66339 MCBRIDE, CHRIS 66260 MEADOW VIEW HOMES 66341 MEDICA 66261 MINN NCPERS GROUP LIFE 66342 MISCHKE, KATHY 0 MN. DEPARTMENT OF SAFE 0 MN. DEPT OF HEALTH 66343 MOCKENHAUPT, CINDY 66344 MOLDENHAUER, ANDY REIMBURSE PROGRAM REC DELIVERY SERVICE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE ELECTRICAL PER REIMBURSE PROGRAM REC REIMB S.T.ESCROW /CLWTR C REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMB BLDG ESCROW /2301 I REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC, REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * * *• * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** REIMB BLDG ESCROW /591 AP * * * * * * ** REIMS BLDG ESCROW /7949 H * * * * * * ** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** REIMS BLDG ESCROW /2201 C * * * * * * ** REIMBURSE PROGRAM REC * * * * * *** REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC INSURANCE PREMIUM REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMB BLDG ESCROW /7903 REIMBURSE PROGRAM REC REIMS BLDG ESCROW /1094 MEDICAL INSURANCE PAYROLL WITHHOLDING REIMBURSE PROGRAM REC LICENSE TABS STATE WATER FEE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** H * * * * * * ** * * * * * * ** S * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** 33.00 17.58 61.00 33.00 22.00 25.50 60.00 27.50 27.50 27.00 67.00 500.00 30.50 61.00 54.00 30.50 67.00 66.00 27.00 22.00 420.00 67.00 61.00 33.00 5,071.25 1,500.00 60.00 66.00 60.00 500.00 33.00 33.00 22.00 60.00 33.00 81,835.00 27.00 33.00 54.00 33.00 1,000.00 54.00 500.00 8,939.67 400.00 56.00 31.00 4,015.00 27.00 54.00 Date: 10/04/2002 Time: 09:14:32 Operator: JAL • Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 66263 NADEAU, PETE 66264 NEECK, WILLIAM 66346 NELSON, JIM O NORTHWEST ASST CONSULT 66347 OAWSTER, STAN 66348 OBERG, TERRY 66349 OCONNELL, BRIAN 0 OLSON, WENDY 66350 OSTERGREN, JERRY 66351 PALERMO, MIKE 66352 PAP, KELLY 66353 PAULUS, JOHN 66354 PEARSON, MARK 66265 PERA /REGULAR 66355 PETERSON, TED 66356 POTHEN, ELAINE 66357 PRAY, SCOTT 66358 PRAZICH, GARY O QUINN, FRANK 0 RAMSEY POLICE DEPARTME O RANALLO, BOB 66360 RECKARD, BARB O REED, STEVE 66361 REGENSCHEID, MIKE O RELIASTAR LIFE INSURAN 66362 ROBBINS, GARY • 363 RD, BIA 64 RYDLUND, BRIAN 65 SANDERS, BRAD 66366 SCHEVENIUS, DAVID 66367 SCHULLER, MIKE 66272 SHADE TREE CONSTRUCTIO 66368 SPIESS, FRED O SPRING LAKE PARK POLIC O ST. FRANCIS POLICE DEP 66369 STACK, CHRIS 66370 STEICHER, KEITH 66371 SWENSON, DAVE 66372 T & D HOMES O T.K.D.A. 66373 THOEMKE, MIKE 66274 THORP, RAY & ARLENE 66275 TJB SUPER ENERGY HOMES 66374 TRETTEL, GARY 66375 TWAIT, STEVE 66376 WAGNER, KEN 66377 WALMSLEY, MARK 66378 WELCIEK, JEFF O WILLIAM G. HAWKINS & A 66277 WITCHER CONSTRUCTION C REIMBURSE SHORT TERM ESC * * * * * * ** REIMBURSE SHORT TERM ESC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** TECHNICAL ASSISTANCE /AUG * * * * * * ** REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE. PROGRAM REC SAFE /SOBER REIMBURSEMENT REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC LIFE INSURANCE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMB BLDG ESCROW /7947 H REIMBURSE PROGRAM REC SAFE /SOBER REIMBURSEMENT SAFE /SOBER REIMBURSEMENT REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMB BLDG ESCROW /547 HE PROFESSIONAL SERVICES /MA REIMBURSE PROGRAM REC REIMBURSE SHORT TERM ESC REIMB BLDG ESCROW /6423 L REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC MUNICIPAL /CRIMINAL ATTOR REIMBURSE HYDRANT METER * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** 220.00 4.50 22.00 2,413.44 54.00 33.00 33.00 66.00 66.00 66.00 22.00 30.50 30.50 16,453.27 66.00 14.00 66.00 27.50 66.00 1,074.78 66.00 27.00 66.00 33.00 813.02 61.00 54.00 27.00 33.00 54.00 60.00 500.00 66.00 993.63 634.04 67.00 54.00 60.00 465.00 9,256.40 33.00 101.00 500.00 61.00 61.00 27.00 54.00 30.50 88.00 116.37 Date: 10/04/2002 Time: 09:14:33 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 66379 YOCH, STEVE REIMBURSE PROGRAM REC * * * * * * ** 0 ZYLSTRA HARLEY - DAVIDSO OIL /FILTER /SEAL /GASKET /0 * * * * * * ** Total for Dept ** O ALL STAR SPORTS, INC. STOPWATCHES /RACKS /CONES ADULT SP O MRPA TEAM REGISTRATION ADULT SP 0 NATIONAL PEN CORPORATI PENS ADULT SP Total for Dept 202 0 0 0 0 ALL STAR SPORTS, INC. STOPWATCHES /RACKS /CONES YOUTH IN CHOMINOX GOLF COURSE GOLF LESSONS FRATTALLONE'S HARDWARE PARTS /SUPPLIES NATIONAL PEN CORPORATI PENS Total for Dept 207 YOUTH IN YOUTH IN YOUTH IN 0 ALAN MERRICK'S SOCCER TOURNAMENT YOUTH SP O ALL STAR SPORTS, INC. STOPWATCHES /RACKS /CONES YOUTH SP O NATIONAL PEN CORPORATI PENS YOUTH SP O VARSITY PHOTOS, INC. PHOTO PACKAGES YOUTH SP Total for Dept 208 0 LEAGUE OF MN CITIES IN INSURANCE PREMIUM O TIMESAVER OFF -SITE SEC SEPTEMBER 18 Total for Dept 401 66281 0 98 66308 0 0 66341 0 A T & T WIRELESS ANOKA COUNTY CULLIGAN, BOTTLED WATE DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. INTERNATIONAL PERSONNE MAYOR /CO MAYOR /CO MONTHLY SERVICE /SEPTEMBE ADMINIST FILING FEE ADMINIST MONTHLY SERVICE /SEPTEMBE ADMINIST DENTAL INSURANCE ADMINIST LONG TERM DISABILITY INS ADMINIST MEMBERSHIP /DAN T- JUNE -MA ADMINIST JEANNE THORNE, INC. RECEPTIONIST MEDICA MEDICAL INSURANCE RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 402 O OFFICEMAX, INC. ADMINIST ADMINIST ADMINIST OFFICE SUPPLIES ELECTION Total for Dept 403 66281 A T & T WIRELESS MONTHLY SERVICE /SEPTEMBE SENIORS 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SENIORS O RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS Total for Dept 406 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FINANCE 66341 MEDICA MEDICAL INSURANCE FINANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 66270 ROLEK, ALAN MILEAGE /MEALS /LODGING FINANCE Total for Dept 407 • 54.00 324.17 158,072.07* 100.96 16.00 320.36 437.32* 140.52 1,300.00 43.32 160.18 1,644.02* 1,425.00 206.59 160.18 3,112.00 4,903.77* 2,756.00 623.88 3,379.88* 27.33 46.00 67.44 104.80 64.41 145.00 1,477.30 1,189.09 23.75 3,145.12* 142.11 142.11* 52.35 4.17 4.75 61.27* 91.70 41.48 588.49 16.63 671.51 1,409.81* Date: 10/04/2002 Time: 09:14:33 Operator: JAL FM Entry Check # Vendor Alpha Name 66281 66298 66308 66341 0 Page: 5 City of Lino Lakes Invoice Payment - Approval of Bills Description Dept Amount WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO Total for Dept 414 A T & T WIRELESS DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. MEDICA RELIASTAR LIFE INSURAN MONTHLY SERVICE /SEPTEMBE ECONOMIC DENTAL INSURANCE ECONOMIC. LONG TERM DISABILITY INS ECONOMIC MEDICAL INSURANCE ECONOMIC LIFE INSURANCE ECONOMIC Total for Dept 415 0 AMERICAN PLANNING ASSO MEMBERSHIP /TANDA G 66249 CORSON, KIRK QUARTERLY STIPEND 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY 66253 GRETZ, TANDA PARKING /TUITION /TOUR 66254 HYDEN, MICHAEL QUARTERLY STIPEND 66257 LANE, SHARON QUARTERLY STIPEND 66258 LYDEN, CHRISTOPHER QUARTERLY STIPEND 66341 MEDICA MEDICAL INSURANCE 0 NORTHWEST ASST CONSULT ORDINANCE MEETINGS /AUGUS 66267 RAFFERTY, ROBERT G. QUARTERLY STIPEND 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 66271 SCHAPS, JAMES QUARTERLY STIPEND 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICE /JUN 66273 SMYSER, JEFF PARKING /TUITION 0 TIMESAVER OFF -SITE SEC SEPTEMBER 9, 11 278 ZYCH, JOSEPH QUARTERLY STIPEND Total for Dept 416 PLANNING PLANNING PLANNING INS PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING 14,143.00 14,143.00* 27.33 26.20 11.49 300.30 4.75 370.07* 160.00 150.00 52.40 21.85 119.00 150.00 100.00 150.00 600.60 4,934.80 100.00 9.50 225.00 450.00 318.50 187.13 150.00 7,878.78* 0 T.K.D.A. PROFESSIONAL SERVICES /MA ENGINEER• 12,508.76 Total for Dept 417 12,508.76* 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE Communit 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS Communit . 66341 MEDICA MEDICAL INSURANCE Communit 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Communit Total for Dept 418 66240 66242 0 0 0 0 0 66298 0 0 66308 0 A T & T WIRELESS ALEXANDRA HOUSE, INC. C. P. OFFICE PRODUCTS CENTRAL COMMUINICATION CLEARWATER CREEK CONVE CRIME PREVENTION RESOU CY'S UNIFORMS, INC. DELTA DENTAL PLAN OF M DPMS PANTHER ARMS FIOCCHI AMMUNITION, IN FORTIS BENEFITS, INC. GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /AUGUST REGISTRATION /MELINDA B OFFICE SUPPLIES SERVICE AGREEMENT /OCT CAR WASHES TAPE SET UNIFORM SUPPLIES DENTAL INSURANCE SCHOOL /STEVE W SUPPLIES LONG TERM DISABILITY MONTHLY SERVICE /AUGUST POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE INS POLICE POLICE 52.40 24.37 588.49 9.50 674.76* 49.00 15.00 141.41 446.57 51.12 154.00 71.06 300.20 649.95 1,173.60 228.40 18.93 Date: 10/04/2002 • Time: 09:14:33 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 66239 CASH ADVANCE /POLICE ACRD 66279 REISSUE VOIDED AP #66239 0 INSURANCE PREMIUM 66259 REIMBURSE TUITION 66341 MEDICAL INSURANCE 66262 MONTHLY SERVICE /SEPTEMBE O QUERY CHARGES 9/10 0 TRAINING /MITCH DM O AUGUST USAGE 0 FILM PROCESS O LIFE INSURANCE 0 DESTROY CONFIDENTIAL MAT 0 UNIFORM SUPPLIES 66276 MONTHLY SERVICE /AUGUST Total for Dept 420 M HAMMES, WILLIAM M HAMMES, WILLIAM LEAGUE OF MN CITIES IN MCCARTHY, KELLY ANN MEDICA MINNCOMM PAGING, INC. MINNEAPOLIS, CITY OF MINNESOTA COUNTY ATTOR MN DEPT OF ADMIN /INTEC PHOTO WORLD, INC. RELIASTAR LIFE INSURAN SHRED -IT, INC. STREICHER'S, INC. VERIZON WIRELESS 0 CENTENNIAL FIRE DISTRI QUARTERLY BUDGET 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY 66341 MEDICA MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 421 66298 66308 0 .0 0 66281 0 66298 0 66308 0 0 66341 0 0 0 0 0 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE KRUEGER INTERNATIONAL MEDICA RELIASTAR LIFE INSURAN A T & T WIRELESS ALL SEASONS RENTAL, IN DELTA DENTAL PLAN OF M EARL ANDERSON ASSOCIAT FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE LEAGUE OF MINNESOTA CI MEDICA RELIASTAR LIFE INSURAN T.A. SCHIFSKY AND SONS UNITED RENTALS, INC. DENTAL INSURANCE LONG TERM DISABILITY PARTS /SUPPLIES WORKSURFACES MEDICAL INSURANCE LIFE INSURANCE Total for Dept 422 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE INS FIRE FIRE FIRE BUILDING INS. BUILDING BUILDING BUILDING BUILDING BUILDING MONTHLY SERVICE / SEPTEMBE STREETS READY MIX STREETS DENTAL INSURANCE STREETS STREET SIGNS STREETS LONG TERM DISABILITY INS STREETS PARTS /SUPPLIES STREETS STREETS MEDICAL INSURANCE STREETS LIFE INSURANCE STREETS FINE ASPHALT STREETS BLADE RENTAL STREETS UNIVERSITY OF MINNESOT REGISTRATION STREETS ZACK'S INC. MUN. INDUS HANDLE /GLOVES /HAMMER /BLA STREETS Total for Dept 430 0 AMERICAN FASTENER & SU PARTS /SUPPLIES 0 DEHN OIL COMPANY, INC. GASOHOL 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY • FLEET FLEET. FLEET INS FLEET 1,500.00 1,500.00 5,140.00 380.00 8,954.93 53.80 72.00 782.60 74.00 169.44 128.25 54.95 1,153.84 399.12 23,662.17* 101,677.25 127.48 50.27 1,724.29 14.25 103,593.54* 104.80 40.30 14.86 241.29 2,023.70 17.34 2,442.29* 68.29 129.80 104.80 84.66 56.18 17.03 50.00 900.90 27.79 2,563.56 464.11 85.00 180.36 4,732.48* 91.39 2,497.95 26.20 11.39 Date: 10/04/2002 Time: 09:14:33 Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 66341 0 0 0 0 Description Dept Amount FRATTALLONE'S HARDWARE LEAGUE OF MN CITIES IN MEDICA NEW HOLLAND PLAN PIONEER RIM & WHEEL CO RELIASTAR LIFE INSURAN WINGFOOT COMMERCIAL TI O ACE SOLID WASTE, INC. 66248 CIRCLE PINES, CITY OF 0 CITYWIDE GLASS 0 CORPORATE EXPRESS, INC 0 DALCO, INC. 0 E. L. REINHARDT COMPAN 66308 FORTIS BENEFITS, INC. 0 FRATTALLONE'S HARDWARE O IKON OFFICE SOLUTIONS, O LEAGUE OF MN CITIES IN 66341 MEDICA O MICRO WAREHOUSE, INC. 0 OFFICEMAX, INC. 0 OLSON SEWER SERVICE, I O RELIASTAR LIFE INSURAN 0 SUNSHINE LIGHTING COMP 0 TWIN CITY GARAGE DOOR II0 WIPERS AND WIPES, INC. 66281 0 0 66248 66298 66308 0 0 0 0 66341 0 66345 0 66359 0 66268 66269 0 0 PARTS /SUPPLIES INSURANCE PREMIUM MEDICAL INSURANCE CABLE WHEEL LIFE INSURANCE WHEEL MOUNT Total for Dept 431 MONTHLY SERVICE /SEPTEMBE MONTHLY SERVICE /AUGUST GLASS REPLACEMENT OFFICE SUPPLIES JANITORIAL SUPPLIES PARTS /SUPPLIES LONG TERM DISABILITY INS PARTS /SUPPLIES FAX SUPPLIES INSURANCE PREMIUM MEDICAL INSURANCE TONER OFFICE SUPPLIES ROTOR SINK LINE /SENIOR C LIFE INSURANCE BULBS ADJUST DOOR FLOOR MATS Total for Dept 432 A T & T WIRELESS ACE SOLID WASTE, INC. CIRCLE PINES, CITY OF CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE HIRSHFIELD'S PAINT MAN HUGO FEED MILL & ELEVA LEAGUE OF MINNESOTA CI MEDICA MENARDS, INC. MTGF CONFERENCE NORTHWAY IRRIGATION /LA QWEST RELIASTAR LIFE INSURAN RICE CREEK WATERSHED D RICE CREEK WATERSHED D UNIVERSITY OF MINNESOT WIPERS AND WIPES, INC. ZACK'S INC. MUN. INDUS MONTHLY SERVICE /SEPTEMBE MONTHLY SERVICE / SEPTEMBE MONTHLY SERVICE / SEPTEMBE MONTHLY SERVICE /AUGUST DENTAL INSURANCE LONG TERM DISABILITY INS PARTS /SUPPLIES STRIPING PAINT FUEL HOSE MEDICAL INSURANCE LUMBER INSTALL CONTROLLER MONTHLY SERVICE / SEPTEMBE LIFE INSURANCE PROCEEDING WITHOUT A PER PERMIT /BIRCH PARK TRAIL REGISTRATION JANITORIAL SUPPLIES HANDLE /GLOVES /HAMMER /BLA FLEET 17.76 FLEET 6,568.00 FLEET 588.49 FLEET 62.61 FLEET 248.78 FLEET 5.46 FLEET 782.05 10,900.08* GOVERNME 180.29 GOVERNME 1,094.65 GOVERNME 395.68 GOVERNME 150.27 GOVERNME 291.49 GOVERNME 28.44 GOVERNME 8.75 GOVERNME 14.87 GOVERNME 27.37 GOVERNME 23,703.00 GOVERNME 588.49 GOVERNME 31.98 GOVERNME 262.89 GOVERNME 100.00 GOVERNME 4.75 GOVERNME 641.43 GOVERNME 76.00 GOVERNME 178.80 27,779.15* PARKS 133.71 PARKS 141.57 PARKS 9.53 PARKS 24.02 PARKS 144.10 PARKS 56.39 PARKS 8.50 PARKS 111.20 PARKS 10.31 PARKS 40.00 PARKS 1,387.09 PARKS 61.60 PARKS 90.00 PARKS 67.50 PARKS 54.45 PARKS 26.13 PARKS 50.00 PARKS 150.00 PARKS 255.00 PARKS 101.87 PARKS 108.30 Date: 10/04/2002 Time: 09:14:33 Operator: JAL • Check # Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount Total for Dept 450 66281 A T & T WIRELESS MONTHLY SERVICE /SEPTEMBE 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES 66341 MEDICA MEDICAL INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 66281 A T & T WIRELESS MONTHLY SERVICE /SEPTEMBE 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 66341 MEDICA MEDICAL INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 461 3,031.27* RECREATI 65.73 RECREATI 57.64 RECREATI 32.68 RECREATI 39.12 RECREATI 418.00 RECREATI 15.20 628.37* ENVIRONM 27.33 ENVIRONM 11.79 ENVIRONM 5.90 ENVIRONM 264.82 ENVIRONM 2.14 311.98* 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA 2.62 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SOLID WA 1.31 O KFC RECYCLING DAY SOLID WA 160.51 66341 MEDICA MEDICAL INSURANCE SOLID WA 58.85 0 RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID WA .47 O SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 225.00 Total for Dept 462 448.76* 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE 410 0 FORESTRY SUPPLIERS, IN PLANTING TABLETS 08 FORTIS BENEFITS, INC. LONG TERM DISABILITY O FRATTALLONE'S HARDWARE PARTS /SUPPLIES 66341 MEDICA MEDICAL INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 66281 0 66290 66280 66298 66308 0 0 0 0 0 0 66341 0 66266 0 0 • A T & T WIRELESS AMERICAN WATER WORKS BUDIG, TIM M CIRCLE PINES POST OFFI DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE GRAYBAR ELECTRIC COMPA HYMARK ELECTRIC, INC. INSTRUMENTAL RESEARCH, LEAGUE OF MINNESOTA CI LEAGUE OF MN CITIES IN MEDICA ONE CALL CONCEPTS, INC QWEST RELIASTAR LIFE INSURAN SUNSHINE LIGHTING COMP FORESTRY 11.79 FORESTRY 63.56 INS FORESTRY 5.89 FORESTRY 27.73 FORESTRY 264.82 FORESTRY 2.14 375.93* MONTHLY SERVICE / SEPTEMBE MEMBERSHIP OCT -SEPT REIMBURSE CLOTHING ALLOW UTILITY BILLING POSTAGE DENTAL INSURANCE LONG TERM DISABILITY INS PARTS /SUPPLIES PARTS /SUPPLIES INSTALL METER /WELL #1 WATER SAMPLES INSURANCE PREMIUM MEDICAL INSURANCE MONTHLY SERVICE /AUGUST MONTHLY SERVICE /AUGUST LIFE INSURANCE BULBS WATER 150.01 WATER 109.00 WATER 41.99 WATER 191.66 WATER 43.23 WATER 21.36 WATER 69.63 WATER 175.41 WATER 146.70 WATER 40.00 WATER 20.00 WATER 1,556.00 WATER 463.65 WATER 230.17 WATER 36.47 WATER 11.42 WATER 88.19 Date: 10/04/2002 Time: 09:14:33 Operator: JAL • Page: 9 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 U.S. FILTER /WATERPRO, TRANSCEIVER UNIT Total for Dept 494 WATER 8,017.67 11,412.56* 66280 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE SEWER 191.67 66298 DELTA DENTAL PLAN OF M DENTAL INSURANCE SEWER 43.23 66308 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SEWER 21.36 O FRATTALLONE'S HARDWARE PARTS /SUPPLIES SEWER 14.10 O INFRATECH TECHNOLOGIES PIPE /ROOT CLEANING SEWER 1,650.00 0 LEAGUE OF MN CITIES IN INSURANCE PREMIUM SEWER 1,194.00 66341 MEDICA MEDICAL INSURANCE SEWER 463.65 0 ONE CALL CONCEPTS, INC MONTHLY SERVICE /AUGUST SEWER 230.18 O RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER 11.37 Total for Dept 495 3,819.56* 0 ARCADE ASPHALT, INC. OVERLAY CURB /DRIVEWAY OTHER 20,163.00 0 BRAUER & ASSOCIATES, L CLEARWATER PLAYGROUND DE OTHER • 8,363.15 0 CENTERVILLE REDI -MIX, CONCRETE OTHER 526.11 0 GLENN REHBEIN EXCAVATI CONTRACTOR /HIGHLAND MEAD OTHER 24,913.75 0 LEROY J. HOULE CONTRAC CUT /GRIND /REMOVE TREES OTHER 490.00 0 NOBLE LANDSCAPE /GARDEN TREES / CLEARWATER CREEK OTHER 7,181.00 0 SHORT - ELLIOTT - HENDRICK BLACK DUCK PUMP STATION/ OTHER 659.30 0 T.K.D.A. CLEARWATER CREEK BOOSTER OTHER 44,467.42 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR OTHER 132.00 Total for Dept 499 106,895.73* Grand Total 508,804.61* • Centennial Fire District Check Register 10/9/2002 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 10/3/2002 13421 10/3/2002 13422 10/3/2002 13423 10/3/2002 13424 10/3/2002 13425 10/3/2002 13426 10/3/2002 13427 10/3/2002 13428 10/3/2002 13429 10/3/2002 13430 10/3/2002 13431 10/3/2002 13432 10/3/2002 13433 10/3/2002 13434 10/3/2002 13435 10/3/2002 13436 10/3/2002 13437 10/3/2002 13438 10/3/2002 13439 10/3/2002 13440 10/3/2002 13441 10/3/2002 13442 10/3/2002 13443 10/3/2002 13444 10/3/2002 13445 10/3/2002 13446 10/3/2002 13447 Allina Education & Research American Fastener Anoka - Hennepin Technical College Aspen Mills Auto - Medics Towing Brad Racutt Centennial Firefighter's Relief Association Centennial Utilities Connexus Energy David Bruder DTE Energy Technologies Emergency Apparatus Maintenance Heiman Fire Equipment Hennepin Technical College Hugo Feed Mill & Elevator Kevin Stewart Metrocall Milo Bennett MN State Fire Chief's Association Oxygen Service Company, Inc. Red Rooster Auto Stores Sedgwick Sentry Systems, Inc. Thierry Chevallier Verizon Wireless Viking Office Products Stock Building Supply 1 of 1 ACCOUNT AMOUNT 42190 - Fire Prevention Supplies 48.00 42110 - Other Maintenance 30.83 42220 - Travel, Conference, School 175.00 42120 - Uniform Expense 69.50 42280 - Miscellaneous Expense 133.13 42220 - Travel, Conference, School 20.00 43010 - Relief Association 6,460.00 42251 - Station 1 - Gas 50.35 42252 - Station 1 - Electric 356.40 42110 - Other Maintenance 21.14 42110 - Other Maintenance 263.75 42000 - Vehicle Maintenance 836.43 42130 - Equipment Expense 107.32 42220 - Travel, Conference, School 174.30 42110 - Other Maintenance 29.80 42190 - Fire Prevention Supplies 51.03 42240 - Telephone Expense 70.47 42130 - Equipment Expense 824.98 42220 - Travel, Conference, School 492.00 42270 - Breathing Air 108.86 42110 - Other Maintenance 69.77 42110 - Other Maintenance 103.00 42110 - Other Maintenance 60.55 41011 - Inspection Wages 400.00 42240 - Telephone Expense 183.51 42180 - Office Supplies 48.89 45510 - Garage Expense 677.16 Total $11,866.17 • • AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: October 14, 2002 TOPIC: Consider Approving Application for Exempt Permit from Lawful Gambling License, St. Joseph Catholic Church VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: All lawful gambling conducted in Minnesota requires authorization from the Minnesota Gambling Control Board in the form of a license, exempt permit or excluded authorization. An exempt permit may be issued to non - profit organizations conducting lawful gambling activity on five or fewer days during a calendar year. St. Joseph Catholic Church, 171 Elm Street, conducts fewer than five and is not required to secure a gambling license. Minnesota Statute, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non -profit organizations applying for the exemption permit notify the City that they are applying for the exemption. A copy of the application for exempt permit is attached as proof of notification. OPTIONS: 1. Adopt a motion approving the application for exemption 2. Deny the application for exemption RECOMMENDATION: Option No. 1 • Minnesota Lawful Gamblin Page 1 of 2 3/01 LG220 Application for Exempt Permit Fee - $25 For Board Use Only Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption The Church of St. Joseph of Rice Lake X- 98004- number Street 171 Elm Street City I Lino Lakes State /Zip Code MN 55014 County Anoka Name of chief executive officer (CEO) First name Last name Timothy Morin Daytime phone 651- 784 -3015 number of CEO Name of treasurer First name Last name Ronald Rausch Daytime phone number of treasurer: 763 - 7802128 Type of Nonprofit Organization Check the box that best describes your ❑ Fraternal Dt ❑ Veteran ❑ Other Check the box that indicates the type ❑ IRS letter indicating income ❑ Certificate of Good Standing ❑ A charter showing you are organization: Religious nonprofit organization of proof your organization attached to this application: tax exempt status from the Minnesota Secretary of State's Office an affiliate of a parent nonprofit organization and on file with the Gambling Control Board f Proof previously submitted Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Joseph Church Address (do not use PO box) 171 Elm Street City Lino Lakes State /Zip Code MN 55014 County Anoka Date(s) of activity (for raffles, indicate the date of the drawing) November 24,2002 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: [XBingo ❑ Raffles (cash prizes may not exceed $12,000) ❑ *Paddlewheels ❑ *Pull -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (Le. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Organization Name Local Unit of Government Acknowledgment Page 2 of 2 3/01 If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ❑ The city approves the application with no waiting period. ❑The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date_-- / —_ —_ /_ _ If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. O The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county _ (Signature of county personnel receiving application) Title Date_____/ _— _ /-- -- TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date___/ Chief Executive Officer's Signature The information provided in this applicatio 's complete and accurate to the best of my knowledge. 1 Chief executive officer's signature Name (please print) Al v r 4AJ Date i / 0 / o Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. • • • AGENDA ITEM 1C STAFF ORIGINATOR: Linda Waite Smith, City Administrator MEETING DATE: October 14, 2002 TOPIC: Consider Authorizing Payment to Centennial School District for Items Damaged by Mold VOTE REQUIRED: 3/5 BACKGROUND: Several weeks ago we discovered a problem with the Heating/Air Conditioning/ Ventilation system had resulted in the growth of mold throughout the Civic Center Complex. The problem was most severe in the Early Childhood Center which is leased by Centennial School District from the City of Lino Lakes. We have received an itemized list of carpeting, toys and other things the school district had to replace due to mold damage. We also received an itemized list of staff time and cost involved in clean-up of the Early Childhood Center. Neither the school district's insurance carrier nor the city's insurance carrier covers these costs. Superintendent John Christiansen and I have agreed that if the school district absorbs the cost of staff time ($2,985.00), the city will pay for replacement of the damaged items ($3,943.00). Per the recommendation of the Finance Director, the reimbursement should be taken from the insurance line item 4361 in Government Buildings budget. OPTIONS: 1. Approve reimbursement of $3,943 to Centennial School District for replacing items damaged by mold caused by malfunction of the city's HVAC system. 2. Decline to approve reimbursement of $3,943 to Centennial School District for replacing items damaged by mold caused by malfunction of the city's HVAC system. 3. Return to staff for further review and/or action. RECOMMENDATION: 1. Option #1 • AGENDA ITEM 3A STAFF ORIGINATOR Al Rolek MEETING DATE October 14, 2002 TOPIC Amend date for Public Hearing for Certification of Delinquent Utility Fees Simple Majority VOTE REQUIRED BACKGROUND On September 9 the City Council set a public hearing for the certification of delinquent utility charges for October 21. This date is incorrect as there is no Council meeting scheduled for that date. The correct date for the public hearing should have been October 28. The City Council needs to formally change the date of the hearing to the 28th. Notices of this correction have been mailed to those affected and the published notice is for the correct date. • OPTIONS 1. Change the public hearing date to October 28. 2. Hold the public hearing on October 21. RECOMMENDATION Option 1 • • AGENDA ITEM 4A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: October 14, 2002 TOPIC: Resolution No. 02 -150, Approving New Off -Sale Liquor License and a Tobacco License for Eagle Liquor and Tobacco VOTE REQUIRED: Simple Majority BACKGROUND: Attached is a resolution approving an application for an Off -Sale Liquor License and a Tobacco License submitted by Steve Bergman. As you may be aware, this is a new business, which would be located on the JADT property. However, prior to being open for business both an Off -Sale Liquor License and a Tobacco License are required. Investigator Matt Vana conducted a background criminal investigation on the owners of • the business and found no problems, nor any reason to deny either of the applications. • In accordance with the City Code, 701, Liquor Licensing, this new business meets the qualifications for an Off -Sale Liquor License. Also, in accordance with City Code, Section 602, Regulating the Sale of Tobacco Products, this new business meets the qualifications for a Tobacco License. In an effort to address concerns raised by the City Council at their September 9, 2002 Council meeting regarding the intensity of the proposed tobacco use, the applicant's attorney, Mr. Mike Kiefer, has submitted a letter, a layout map, and a brochure which show the sale of tobacco products to be an incidental use on the site. Copies are attached. The applicant is fully aware license approval is subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. OPTIONS: 1. Approve Application for Off -Sale Liquor License and Tobacco License. 2. Deny Application for Off -Sale Liquor License and Tobacco License. RECOMMENDATION: Option 1 • • CITY OF LINO LAKES RESOLUTION NO. 02-150 APPROVING OFF -SALE LIQUOR LICENSE AND TOBACCO LICENSE FOR EAGLE LIQUOR AND TOBACCO ON THE JADT PROPERTY WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on October 14, 2002, and; WHEREAS, the Lino Lakes City Council discussed approval of a an off -sale liquor license and a tobacco license for Eagle Liquor and Tobacco, which will open a new business on the JADT property, and; WHEREAS, the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, Eagle Liquor and Tobacco is in compliance with City Ordinance, and; WHEREAS, the Eagle Liquor and Tobacco appears to take into consideration the best interest of the City of Lino Lakes, and; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the off -sale liquor license and the tobacco license for Eagle Liquoe and Tobacco to be located on the JADT property subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. Adopted by the Lino Lakes City Council this day of , 2002. ATTEST: Ann J. Blair, City Clerk John Bergeson, Mayor • • MICHAEL L. KIEFER LAW OFFICE South Plaza Building Suite #110 1433 Utica Avenue South Minneapolis, MN 55416 (952) 541 -0412 Telephone (952) 544 -5141 Facsimile October 7, 2002 Ann Blair, City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Eagle Liquor & Tobacco, Inc. Application for Liquor License Our File: 40,311 Dear Ms. Blair Michael L. Kiefer Attorney at Law I am attaching a preliminary lay out for the space we will be renting for the proposed liquor store at the new JADT Development property at County Road 23 and I -35 in Lino Lakes. As you can see from the drawing the store is primarily devoted to the sale of wine, beer, liquors and soda. The tobacco products will be located behind the cash wrap counter up above the registers as it is in most liquor stores, convenience stores, drug stores and gas stations. We anticipate having a humidor between the cash registers for the display of cigars. If you have any questions we will be at the City Council Meeting on October 14, 2002 at 6:30 p.m. and will be able to answer your questions. I would appreciate it if you could copy the attached drawing and see that Council members and Community Development staff are provided with copies. Very truly yours, 647r(e Michael L. Kiefe MLK /ls document #40,311blair.ltr STORAGE ROOM 3 DOOR COOLER OFFICE CARTON DISPLAY • rn m 0 REG PINTS / 1/2 PINTS I WALK -IN- COOLER GRAVITY FEED SHELVING ONIA13HS 0333 A1IAVfl 16' WALL SHELVING Spartan Showcase's Tobacco Shop display fixtures are designed, engineered and manufactured to time proven specifications.' Cigar floor and wallcases incorporate a thin -line anodized aluminum frame with a clear glass top, ends and doors for durability and maximum product presentation. Front sliding glass doors are slanted for ease of selecting and accessing your fi i LfT1ION, MO & RENO, NV 1- 800 - 325 -0775 636 - 583 -4050 FAX 636 - 583 -4067 SPARTA E -Mail - sales @spartanshowcase.com Website - http: / /www.spartanshowcase.com SHOWCASE _® • ts- Spartans Tobacco Shop Humidors, Showcases and Counters FEATURES & FINISHES: Clear Anodized Aluminum Trim Easy Sliding, Framed Glass Doors '/4" Clear Glass Ends and Top Cedar Interior Decking * Choice of 6 Designer Color Base Finishes 8 "Wide Cedar Shelves Rear Storage Drawers in CF9500 (Two) Easy Sliding, Framed Storage Doors in CW2500 OPTIONS: •Humidifier Unit •Custom Finish Base •Brasstone Trim •Lock •Natural Spanish Cedar Interior Decking & Shelves Self -Serve Cigar Floor Case MODEL DIMENSIONS APPROX. NO. L X D X H BOX CAPACITY CF9539 39" X 31" X 48" 20 `. CF9548 48 °" X 31" X 48" 25 CF9558 58" X 31" X 48" 30 FEATURES & FINISHES: Clear Anodized Aluminum Trim Easy Sliding, Framed Glass Doors 1/4" Clear Glass Back, Top and Ends Cedar Interior Decking Adjustable Glass Shelves OPTIONS: •Lock •Brasstone Trim •Natural Spanish Cedar Interior Decking Self -Serve Cigar Wall Case MODEL DIMENSIONS APPROX. NO. LXDXH BOX CAPACITY CW2539 39" X 22" X 80" 24 CW2548 48 °" X 22" X 80" 30 CW2558 58" X 22" X 80" 36 Counter Top Cigar Cases MODEL NO. CC2418 CC3018 CC2424 CC3024 DIMENSIONS LXDXH 24" X 10" X 18" 30" X 10" X 18" 24" X 10" X 24" 30" X 10" X 24" NUMBER OF SHELVES 1 1 2 2 F1600 FULL VIEW SHOWCASE MODEL DIMENSION NO LXDXH F1606 70" X 20" X38" F1605 60" X 20" X38" F1604 48" X 20" X38" *LPL designer color base finish. This popular unit doubles as a display case and counter. A convenient way to store and display frequently asked for merchandise. Offered in three lengths 70 ", 60" and 48 ". Depth 20 ". Overall Height 38 ". Complete with two adjustable glass shelves. W2550 WALLCASE Attractively built wallcase to use as a perimeter stand alone displayer or behind your cash counter for easy access to specialty items. Three lengths 70 ", 60" and 48 ", depth 17" overall height 84 ". Glass display doors, solid lower storage doors and two drawers. *LPL designer color exterior finish. MODEL NO W2556 W2555 W2554 DIMENSION LXDXH 70 "X 17 "X 84" 60 "X 17 "X 84" 48" X 17 "X 84" SHOWCASE /COUNTER MERCHANDISER 'root View (Drawing # ST9706) *LPL DESIGNER COLOR FINISHES: Beige, Black, Dove Grey, Frosty White, Oak, and Walnut Note: Specifications b t t h th t t o e: are subject o change without notice F.O.B. Factory Create Your Own Custom Showcase /Counter using Spartan's F -Series 1/2 Vision Flush Front Showcase in Conjunction with Spartan's W460 Wrap Counters. Available in 20" or 24" Depth Standard Height is 38" Offered in Various Lengths and Finishes W460 CASH COUNTER MODEL DIMENSION NO LXDXH W468 96" X 24" X38" W467 84" X 24" X38" W466 72" X 24" X38" W465 60" X 24" X38" W464 48" X 24" X38" Features adjustable bag bins and storage shelf. Durable White Leather high pressure laminate counter top. Available in five lengths 96 ", 84 ", 72 ", 60" and 48 ". 24" deep and 38" high, 4" high black kick base. Heavy duty metal corners protectors. *LPL designer color base finish. SPARTA UNION, MO & RENO, NV 1- 800 - 325 -0775 636 -583 -4050 FAX 636 - 583 -4067 SHOWCASE 6/26 -97 E -Mail - sales @spartanshowcase.com Website - http: / /www.spartanshowcase.com Proposed Eagle Liquor and Tobacco Sales Area Map Proposed Eagle Liquor/Tobacco Sales Gethsemane United Methodist Church 02002 MapQuest.com, Inc.; 02002 Navigation Tech no log ies' Distance to closest Church and school Gethsemanie Methodist Church 1.1 Miles Centennial Middle School 1.4 Miles • r F5 • • AGENDA ITEM 4B STAFF MEMBER Daniel Tesch, Director of Administration DATE 14 October 2002 SUBJECT Ordinance 11 -02 Cable Franchise Renewal VOTE REQUIRED 4/5 BACKGROUND The North Metro Telecommunication Commission has renegotiated a cable television franchise on behalf of its seven member cities with AT &T Broadband. As this franchise agreement is an ordinance it will require a public hearing and two readings. Tonight I am asking you to open the public hearing for public comment at 6:45 p.m. (or later). The next reading is scheduled for 28 October. A synopsis of the ordinance is attached to this cover sheet. The length of the franchise agreement is fifteen years. OPTIONS 1. Open the public hearing for public comment on this franchise renewal. Close the public hearing after comments. The second reading will be held on 28 October 2002. The ordinance will be effective thirty days after publication. RECOMMENDATION Number One. • RENEWAL FRANCHISE ORDINANCE SUMMARY On [Insert Date], 2002, the City of [Insert Name], Minnesota (the "City"), intends to adopt Ordinance No. [Insert Number], which grants a franchise to MediaOne North Central Communications Corp. d/b /a AT &T Broadband. Among other things, Ordinance No. [Insert Number] would: > Permit AT &T Broadband to use the City's public rights -of -way to provide cable service to subscribers in the City for a period of fifteen years from the effective date of the franchise; > Require AT &T Broadband to comply with applicable federal, state and local law; > Impose conditions on AT &T Broadband's use of City public rights -of -way; > Obligate AT &T Broadband to follow all applicable safety practices required by law; > Allow the City to use AT &T Broadband's poles, ducts and conduits, free of charge, for noncommercial purposes; > Require a cable system upgrade that ensures AT &T Broadband's network is state- of -the- art and capable of providing advanced services; > Require the system to have a minimum analog channel capacity of at least 78 channels, plus additional capacity for digital and other services; > Impose a deadline of July 15, 2004, for AT &T Broadband to complete the system upgrade; > Obligate AT &T Broadband provide and install, free of charge, equipment that permits the City to activate the emergency alert system in the event of an emergency; > Impose a density requirement for the extension of AT &T Broadband's cable system to businesses and residences requesting cable service; > Ensure that underserved areas in Blaine, Ham Lake and Lino Lakes are served by the cable system, regardless of building density; > Require AT &T Broadband to operate, maintain and test its cable system in accordance with applicable standards and regulations; > Empower the City to regulate cable service rates, to the extent permitted by law and regulation; > Set forth customer service standards that AT &T Broadband must follow at all times, including telephone answering standards, appointment windows and subscriber inquiry and complaint procedures. > Require AT &T Broadband to make six channels available to the North Metro Telecommunications Commission (the "Commission ") on the cable system for public, educational, governmental and religious access use; > Obligate AT &T Broadband to pay a fee to the Commission, on a quarterly basis, to support public, educational, governmental and religious access programming; > Release the Commission from repaying possible PEG fee overpayments that may be due to AT &T Broadband as of December 31, 2001; > Require AT &T Broadband to upgrade the existing coaxial institutional network to a hybrid fiber - coaxial network at no cost to the City or the Commission. This network word serve the municipal sites denoted in the franchise documents, and would be capable of carrying video, voice and data signals; ➢ Obligate AT &T Broadband to provide dark fiber -optic lines to certain municipal locations denoted in the franchise documents, at no cost to the City. As with the hybrid- fiber coaxial network, the dark fiber infrastructure would be capable of carrying video, voice and data signals; ➢ Require AT &T Broadband to provide free cable drops and outlets and free basic cable service to specified institutions; ➢ Require AT &T Broadband to pay to the City or its designee a quarterly franchise fee equal to 5% of AT &T Broadband's gross revenues; ➢ Obligate AT &T Broadband to furnish a performance bond and letter of credit to the Commission. Both the bond and the letter of credit would secure AT &T Broadband's performance and obligations under the franchise documents; ➢ Establish a process by which the City and/or the Commission may make withdrawals from the letter of credit and/or the performance bond in the event of a franchise violation or in the event amounts are owed to the City and/or the Commission; ➢ Require AT &T Broadband to indemnify the City and the Commission for losses and damages arising out of the construction, operation and repair of the cable system; ➢ Mandate that AT &T Broadband carry certain types and levels of insurance, and that the City and the Commission be named additional insureds; ➢ Set forth the circumstances and procedures under which the City may revoke AT &T Broadband's franchise; ➢ Place limitations on AT &T Broadband's ability to sell, transfer or assign its franchise to another entity; ➢ Prohibit discrimination by AT &T Broadband on the basis of race, color, religion, national origin, sex, age, affectional preference, disability or status as to public assistance; and ➢ Impose requirements designed to protect subscriber privacy. • • • AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: October 14, 2002 TOPIC: Consideration of Resolution 02 -142, Accepting Donation from Lexington Fireman's Relief Association VOTE REQUIRED: Simple Majority BACKGROUND: The Lino Lakes Parks and Recreation Department is administering the youth tackle football program for the second year. In order to help provide equipment for each team, staff contacted several organizations in the community requesting donations. The Lino Lakes Parks and Recreation Department received $400 from the Lexington Fireman's Relief Association. OPTIONS: 1. Accept donation from the Lexington Fireman's Association. 2. Return donation from the Lexington Fireman's Association. RECOMMENDATION: Option 1. 10/7/02 sw /rick/Lexington Fireman's Relief Association Green Sheet Football Donation.doc • • • Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 02 -142 A RESOLUTION ACCEPTING DONATIONS FROM THE LEXINGTON FIREMAN'S RELIEF ASSOCIATION WHEREAS, the Lexington Fireman's Relief Association supports the Lino Lakes Parks and Recreation Department and, WHEREAS, the Lino Lakes Parks and Recreation Department is administering the football program; and WHEREAS, the Lexington Fireman's Relief Association has expressed their desire to assist the city in providing equipment to the teams in this program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, the Council accepts the $400 donation from the Lexington Fireman's Relief Association to help purchase team equipment for the Lino Lakes Park and Recreation Department Football Program. Adopted by the Lino Lakes City Council this 14th day of October, 2002. John Bergeson, Mayor Ann Blair, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following against same: Whereupon said resolution was declared duly passed and adopted. • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7A Michael Grochala October 14, 2002 Consideration of Resolution No. 02 -145 Approving JADT Addition Development Contract The City Council approved the preliminary plat of JADT Addition on September 9, 2002. In accordance with the Subdivision Ordinance and conditions of approval, staff has prepared a Development Contract for City Council approval and execution. JADT Addition consists of four (4) commercial Tots. In addition to construction requirements the contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $133,700.00 representing 35% percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $40,685.68 to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. JADT Development Group, LLP, the developer, has reviewed the agreement and is aware of the conditions setforth. RECOMMENDATION: Staff recommends approval of the Development Contract. ATTACHMENTS 1. Resolution No. 02 -145 • 2. Development Contract • • CITY OF LINO LAKES RESOLUTION NO. 02-145 RESOLUTION APPROVING JADT ADDITION DEVELOPMENT CONTRACT WHEREAS, The City Council approved the preliminary plat of JADT Addition on September 9, 2002, and WHEREAS, the Developer, JADT Development Group, LLC is requesting approval to commence construction of such development; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract between the Developer and the City of Lino Lakes to insure satisfactory completion of improvements prior to commencement of site construcution activities and final plat approval. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with JADT Development Group, LLC for JADT Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 14th day of October, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • DEVELOPMENT CONTRACT JADT ADDITION THIS AGREEMENT, made this day of , 20_, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, MN 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City" and JADT Development Group, LLC., whose address is 4175 West Broadway Avenue, Minneapolis, MN 55422, a limited liability company organized under the laws of Minnesota hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval from the City Council for a plat of land within the corporate limits of the City known as JADT Addition, hereinafter called "Development Property ", subject to the Developer's compliance with Resolution No. 02 -111, attached hereto as Exhibit A. The real property to be developed is legally described to -wit: Outlot B, Lino Lakes Commercial Center; and WHEREAS, the Developer has received, from the City Council, Site and Building Plan Approval for Lot 4, Block 1, JADT Addition subject to the Developer's compliance with Resolution No. 02 -112, attached hereto as Exhibit B, and WHEREAS, the Developer requested and the City has constructed and financed certain public improvements to serve the Development Property in accordance with the provisions of a certain Development Contract between the Developer and City, dated December 17`}', 2001, and filed for record in the office of the Anoka County Recorder as Document No. 1647674; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements as shown in the "Development Plans" described hereinafter; and JADT AGREEMENT 1 10/09/02 • • • 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 public and private improvements. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: 1. DEVELOPMENT. The Development Property shall be developed with commercial and retail businesses in accordance with this agreement, (the "Project "), Resolutions 02 -111 and 02 -112, and all state, county, city and other governmental regulations which may be applicable thereto. The development will be known as the "JADT Addition." Improvements to be installed at the Developer's expense by the Developer are hereinafter referred to as "Developer Improvements." 2. DEVELOPMENT PLANS. A. The Developer shall submit to the City for review and approval a Final Development Plan set and specifications ( "Development Plans ") for the Development Property. Such Development Plans shall be in general conformance with the Preliminary Plans as set forth in Resolutions 02 -111 and 02 -112 approved by the City on September 9, 2002. Such Development Plans shall include : 1. Final Plat 2. Development Site Plan 3. Development Utility Plan 4. Development Grading Plan 5. Development Tree Preservation Plan 6. Development Landscaping Plan 7. Development Lighting Plan 8. Lighting, Landscaping and Civil details and specifications 9. Lot 4, Block 1, Building Elevations B. All of the above - referenced Development Plans must be approved by the City prior to their implementation, which approval will not be unreasonably withheld or delayed. Within 10 working days after receipt of the plans from the Developer, the City shall notify Developer in writing of its approval, approval with conditions, or disapproval of the plans. Any plans which are not approved with conditions or disapproved within 10 working days after receipt by the City shall be deemed approved. Once approved, the Developer shall develop the Development Property in substantial accordance with said approved Final Plans. JADT AGREEMENT 2 10/09/02 • • 3. RIGHT TO PROCEED. A. Following execution of this agreement and approval by the City of the Development Plans, the Developer may commence site grading and utility construction on the site in conformance therewith. B. Building Permits shall be issued, for Lot 4, Block 1, JADT Addition, upon approval of the Final Plat by the City Council, at which time all required Financial Security shall be in place with the City, and following Building Department review and approval of building plans for said lot. Such approval will not be unreasonably withheld or delayed. C. Building Permit issuance for Lots 1, 2, and 3, Block 1, JADT Addition, shall be subject to Site and Building Plan approval in accordance with the requirements of the Lino Lakes Zoning Ordinance. 4. DEVELOPER IMPROVEMENTS. A. Developer shall construct and install at Developer's expense all improvements contemplated in the Development Plans described in Paragraph 2 herein. Furthermore, the following provisions shall apply to all work conducted by Developer: 1. Prior to the start of construction activities the Developer shall implement the Tree Preservation Plan and all erosion control measures. All construction and erosion control measures shall be done in accordance with best management practices as setforth by Rice Creek Watershed District. 2. 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. 3. 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. 4. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. 5. All streets shall be protected from erosion deposits. JADT AGREEMENT 3 10/09/02 • • 6. The developer's engineer shall certify, in writing, that all grading complies with the grading plan. 7. 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 pavement 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. 8. The Developer shall be responsible for securing all site grading and 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. 9. All construction debris and trash shall be properly disposed of at Developer's expense and in a timely manner as determined by the City. 10. The Developer shall (daily if necessary) clean from streets dirt and debris that has resulted from construction work by the Developer, its agents or assigns so that such dirt & debris does not contribute a hazard to the public's use of the streets or diminish the capacity of the stormwater conveyance system. Prior to any construction in the plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. 11. Within ninety (90) days after the completion of the Developer Improvements the Developer shall supply the City with a complete set of reproducible "Record" plans, and two complete sets of blue line "Record" plans, for sanitary sewer, water main and storm sewer all prepared in accordance with City standards. 12. The estimated cost of Developer's Improvements, description and completion dates are as shown on Exhibit C. 5. GUARANTEE. A. 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 approval of the Developer's Improvements, which approval shall not be JADT AGREEMENT 4 10/09/02 • • • unreasonably delayed. Concurrently with the execution hereof by the Developer, the Developer shall furnish to and maintain with the City security based on thirty - five (35 %) percent of the total estimated cost of Developer's Improvements as shown on Exhibit C. Such Security shall consist of a cash deposit, or irrevocable letter of credit. Said Security shall be for the exclusive use and benefit of the City of Lino Lakes and shall state therein that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City, upon thirty (30) days notice, reserves the right to draw, in whole or in part, on any portion of the Security for the purpose of guaranteeing the terms and conditions of this contract. The Security shall be renewed or replaced by no later than thirty (30) days prior to its expiration with a like letter . B. The Developer may request a reduction in the Security, based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be reasonably determined by the City Engineer and shall be proportionate to the work completed. 6. CITY IMPROVEMENTS. A. Pursuant to the provisions of a certain Development Contract between the Developer and the City, dated December 17, 2001, and filed for record in the office of the Anoka County Recorder as Document No. 1647674, the City has installed Public Improvements to service the Development Property. Such Public Improvements consist of Street, Sidewalk, Sanitary Sewer, Water Main, Storm Sewer and Traffic Control devices. B. Upon approval and recording of the Final Plat of JADT Addition the City shall reallocate the special assessments levied pursuant to the Development Contract between the two parties, dated December 17, 2001, on a square foot basis across Lots 1, 2, 3 and 4, Block 1, JADT Addition. 7. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Development Property to perform all appropriate and reasonable work and inspections deemed appropriate by the City in conjunction with development of the Development Property and the installation of the Developer or City Improvements. 8. OWNERSHIP OF IMPROVEMENTS. All Developer Improvements shall remain the property of the Developer or assigns. The Developer or its assigns shall be responsible for all installation, maintenance and replacement, if necessary, associated with said Developer Improvements. The City of Lino Lakes reserves the right, upon thirty (30) days notice, to take corrective action in instances where Developer Improvements lying JADT AGREEMENT 5 10/09/02 • • within public drainage and utility easements on the Development Property impair public safety. 9. RECIPRICAL EASEMENT, OPERATION AND MAINTENANCE AGREEMENT. Prior to Final Plat Approval the Developer shall provide to the City for its review and approval the proposed Reciprocal Easement Agreement and Operation and Maintenance Agreements for Development Property. Such agreement shall at a minimum provide for; 1) maintenance of private improvements (i.e., lighting, utilities, pavement); 2) Provisions for implementation of Surface Water Runoff Best Management Practices (BMP)'s; and 3) Provisions for maintaining Open Space and Infiltration Areas. 10. REIMBURSEMENT OF COSTS. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount reasonably determined by the City Administrator or her designee for the payment of all reasonable costs incurred by the City related to the development of the plat and the Developer Improvements (See Exhibit D for Breakdown of costs). Trunk Sanitary Sewer, Trunk Water and Surface Water Management fees shall be collected for Lots 1, 2, and 3, Block 1, JADT Addition prior to issuance of Building Permits for said lots. 11. INDEMNITY AND REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision or plat approval and from development of the Development Property. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys' fees. Furthermore, 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. Notwithstanding the above, Developer shall have no obligation to indemnify nor hold the City and its officers, employees and agents harmless from claims made by third parties for damages sustained or incurred resulting from the negligence or willful acts of the City, its officers, employees or agents, other than approval of the Development Property and related development plans. 12. HOURS OF CONSTRUCTION ACTIVITY. All construction activity shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No work shall be allowed on Sundays or the Holidays of Thanksgiving, Christmas, New Years, Day, Independence Day and Labor Day without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. 13. OCCUPATION OF PREMISE. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, and street improvements serving such premises to the extent of the concrete curb, gutter and bituminous base required by this Development JADT AGREEMENT 10/09/02 Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. 14. INSURANCE. Developer or all its subcontractors shall take out and maintain until one (1) year after completion of the Developer 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 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. 15. EVENTS OF DEFAULT. A. Events of Default Defined. The following shall be "Events of Default" under this Agreement and term "Event of Default" shall mean whenever it is used in this Agreement, any one or more of the following events: 1. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, Resolution 02 -111 and Resolution 02- 112. B. Remedies on Default. Whenever any Event of Default referred to in Sectionl5.A. of this Agreement occurs, the City, as specified below, may take the following action after providing of thirty (30) days written notice to the Developer and assignees specified in writing of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default cannot be cured within thirty (30) days, the Developer or its assigns does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible 1. The City may suspend its performance under the Agreement, until it receives assurances from the Developer, reasonably deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. 2. The City may, at its option, perform any work required by Developer, and the Developer shall promptly reimburse the City for any expense incurred JADT AGREEMENT 10/09/02 7 • • • by the City. This contract is a license for the City to act and shall not be necessary for the City to seek a court order for permission to enter the land. 3. The City may, at its option, in addition to the rights and remedies as set out hereunder may withhold issuance of any Building Permit, Certificate of Occupancy or protective inspections necessary for construction and occupation of that portion of the proposed development site that is in default until such time as such default has been corrected to the reasonable satisfaction of the City. 4. The City may, take whatever action, including legal, equitable or administrative action, which are necessary to collect any payments due under this Agreement, or to enforce performance and observation of any obligation, agreement, or covenant of the Developer under this Agreement. C. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article 15. D. No Additional Waiver Implied By One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 16. GENERAL. A. Binding Effect 1. The terms and provisions hereof shall be binding upon and inure 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. B. Notices 1. Required notices to the Developer shall be in writing and shall either be hand delivered to the Developer, to the attention of Timothy O. Baylor, or JADT AGREEMENT 8 10/09/02 • mailed to the Developer by certified or registered mail at the following address: JADT Development Group, LLC 4175 West Broadway Avenue Minneapolis, MN 55422 Attention: •Timothy O. Baylor 2. Notices to the City shall be in writing and shall be either by hand delivered to the City Clerk, or mailed by certified or registered mail, in care of the City Clerk at the following address: Lino Lakes City Hall 600 Town Center Parkway Lino Lakes MN 55014 -1182 C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Development Property upon execution and delivery of this agreement and submittal of all required documents and security referred to under this agreement. D. Third parties shall have no recourse against the City under this Contract. E. The Developer may not assign this Contract without the written permission of the City Council, which consent shall not be unreasonably withheld or delayed. F. Upon completion, to the reasonable satisfaction of the City, of Developer's obligations described herein, the City will issue a Certificate of Completion indicating that such obligations are satisfied and this Agreement shall be terminated as of the date thereof. 17. PARK DEDICATION A. Cash park dedication for the Developer shall be as specified in Section 1001.14 Property Dedication in the City Code and shown on Exhibit D. B. 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 may be incorporated into the escrow agreement to cover the cost of said property taxes. JADT AGREEMENT 10/09/02 9 • • 18. VALIDITY. 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. 19. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Development Property. The Developer covenants with the City, its successors and assigns, that the Developer has the right to perform the Development Improvements on the Development Property, that there are no unrecorded interests in the Development Property platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 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 Development Property legally described to -wit: Outlot B, Lino Lakes Commercial Center. JADT DEVELOPMENT GROUP, LLC. CITY OF LINO LAKES By ITS: JADT AGREEMENT 10 10/09/02 By Mayor A'i "I'EST: By Clerk • STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , 20_. before me, a Notary Public within and for said County, personally appeared John Bergeson and Ann Blair 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. Notary public STATE OF MINNESOTA ) ) SS COUNTY OF On this day of , 20_, before me, a Notary Public within and for said County, personally appeared known to be the of JADT Development Group, LLC., a corporation 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 corporation. THIS INSTRUMENT DRAFTED BY: The City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 JADT AGREEMENT 11 10/09/02 Notary Public EXHIBIT A CITY OF LINO LAKES RESOLUTION NO. 02-111 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE JADT ADDITION WHEREAS, the City has received an application for preliminary plat approval for property currently described as Outlot B, Lino Lakes Commercial Development; and WHEREAS, the applicant is proposing to subdivide the property into four parcels describes as: Lots 1- 4, Block 1, MDT Addition ;and WHEREAS, the preliminary plat approval request is based on the plat drawing prepared by Ryan Engineering dated 7/15/02; and WHEREAS, at their meeting on August 14, 2002, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat subject to the conditions listed in the meeting minutes; and WHERAS, the City finds the proposed lot sizes (less than the minimum SC District requirement) to be acceptable as part of the Planned Development Overlay District (PDO); and . WHEREAS, the proposed preliminary plat meets all other requirements of the City's zoning • ordinance and subdivision ordinance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for the JADT Addition subject to the following conditions: 1. The conditions of the City Engineer's memo (dated 819/02) related to grading, drainage and utilities shall be satisfied. 2. Cross parking and access easements shall be recorded with the property at the time of final plat. Prior to recording, such easements shall be subject to review and approval by the City Attorney. 3. A park dedication of $13,920 shall be required prior to the recording of the final plat. 4. Prior to the commencement of any site work, the applicant shall enter into a development agreement with the City and post all the necessary securities required by it. The agreement shall also contain and operation and maintenance agreement that addresses pond maintenance and incorporates the use of Best Management Practices. 5. All federal, state, county, and watershed district permits shall be obtained prior to Final Plat approval and commencement of site improvements. Passed by the Lino Lakes City Council this 9th day of September 2002. Be : eson, Mayor ATTEST: Ann Blair, City clerk • • EXHIBIT B CITY OF LINO LAKES • RESOLUTION NO. 02-112 RESOLUTION APPROVING SUL AND BUILDING PLANS FOR LINO LAKES COMMERCIAL CENTER LOT 4, BLOCK 1, JADT ADDITION WHEREAS, the City has received an application for site and building plan approval for a 14,172 square foot retail center; and WHEREAS, the legal description of the property is: Lot 4, Block 1, JADT Addition ;and WHEREAS, the subject property is zoned SC, Shopping Center with a PDO, Planned Development Overlay; and • WHEREAS, the site and building plan approval request is based on the following plans prepared by Ryan Engineering and KEE Architects and related correspondence: Preliminary Plat dated 7/15/02 Preliminary Site Plan dated 7/15/02 Preliminary Utility Plan dated 7/154/02 Preliminary Grading Plan dated 7/15/02 Site Plan dated 7/15/02 Floor Plan dated 7/15/02 Building Elevations dated 7/15/02 Planting Plan dated 7/15/02 Landscape Details dated 7/15/02 Lighting Plan dated 7/15/02 City Engineer Comments dated 8/9/02 Environmental Board Comments dated 8/6/02 ;and WHEREAS, at their meeting on August 14, 2002, the Planning & Zoning Board considered the site and building plan application and recommended approval subject to the conditions listed in the meeting minutes; and • WHEREAS, The City finds the proposed 30 foot principal building setback from I 35W to be acceptable as part of the Planned Development Overlay District (PDO); and WHEREAS, The proposed site and building plans meet all other applicable requirements of the City's Zoning Ordinance and Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 1. The City approves the JADT Addition final plat. 2. The easterly curb cut be shifted approximately 15 feet to the west to align with an existing curb cut to the north.. 3. A temporary turn- around be provided at the western terminus of the parking area (either on -site or within Lot 3). 4. One additional handicap parking stall (totaling three spaces) be provided to satisfy applicable State requirements. 5. To de- emphasize the westerly trash enclosure, additional landscaping shall be required to more adequately screen the enclosure. • 6. Wall signs for the subject building be in accordance with the following requirements of the Market place PDO: • a. Building fronts shall have a maximum average sign height. of 30 inch and a maximum width equal to 80 percent of the lease width. Capitol letters shall not exceed 36 inches. b. Building Rears shall have a maximum average sign height of 24 inches and a maximum width equal to 60% of the lease width. Capitol letters shall not exceed 30 inches. c. • In no case shall the total sign area, per business, exceed 100 square feet for building fronts and 75 square feet for building rears. 7. The proposed freestanding sign not exceed 25 feet in height. 8. Light fixture details be submitted subject to staff approval. 9. The source of lights shall be hooded and controlled so as not to illuminate adjacent properties or public rights -of -way. 10. The conditions of the City Engineer's memo (dated 8/9 /02) related to grading, drainage and utilities be satisfied. 11. The following modification be made to the landscape plan: a. The Little Leaf Linden trees along Apollo Drive be changed to a Red or White Oak and spaced at 50 feet. b. Additional landscaping be added to the plaza area in front of the proposed building. c. The coniferous trees along 1 -35 be changed to Austrian Pine and White Spuce. d. The proposed Purpleleaf Plum trees . be changed to disease resistant ornamental crab trees. e. Plantings within the limits of the east ponding area be e1 iminated. f. Tamerack Trees be provided around the east ponding area (to tie into the Marketplace development) and be located above the 100 year HWL. 12. A revised master landscaping plan, encompassing the entire subdivision, should be sumbitted for City review and approval. The plan shall demonstrate conformance with the tree replacement requirements for the development. 13. All federal, state, county, and watershed district permits shall be obtained prior to issuance of a building permit and commencement of site improvements. 14. Prior to the commencement of any site work, the applicant enter into a development agreement with the City and post all the necessary securities required by it. The agreement shall also contain an operation and maintenance agreement. 15. An access easement is acquired from Kohl's (to allow access to the sites easterly curb cut). Passed by the Lino Lakes City Council this 9th day of September 2002. I'Ber: on, Mayor A'1-1'BST: A Ann Blair, Ci • erk • EXHIBIT C SUMMARY OF DEVELOPER'S IMPROVEMENT COSTS ITEM DESCRIPTION OF ESTIMATED IMPROVEMENTS COST 1* Lighting $8,000 2* Trash Disposal Enclosures $10,000 3* Curbing /Islands /Delineators $22,000 4 Site Grading /Storm Drainage System/ Water & Sanitary Sewer Improvements $286,000 5* Parking Lot Construction $38,000 6* Landscaping $18,000 Total Estimated Cost of Developer Improvements $382,000 Security Requirement (Total * 35 %) $133,700 * Items 1, 2, 3, 5, and 6 represent Lot 4, Block 1 development only Developer's Costs 10/9/02 • • • EXHIBIT D SUMMARY OF CITY FEES AND ESCROW Total Site Area (acres): Developable Area (acres): Lot 4, Block 1 Developable Area (acres): 7.02 6.42 1.97 ITEM DESCRIPTION Amount 1 Plat Review Fee (existing escrow deficit) $1,316.78 2 Administration - Escrow $10,000.00 (Planning, Engineering, Legal) 3 Park Dedication Fee 6.42 ac. @ $2,175 per acre $13,963.50 4 Lot 4, Block 1 - Sanitary Sewer Trunk Fee* Area: 1.97 ac. @ $2,203 per acre $4,339.91 Unit: $955.00 per sac unit ** TBD 5 Lot 4, Block 1 - Water Trunk Area Fee* Area: 1.97 ac. @ $2,350 per acre $4,629.50 Unit: $1,541 per sac unit ** TBD 6 Lot 4, Block 1 - Surface Water Management Fee 1.97 ac. @ $0.075 per sq.ft. * ** $6,435.99 Notes ** * ** Total Fees Due: $40,685.68 Trunk Sanitary Sewer, Water, and Surface Water Management Fees for Lots 1, 2, and 3, JADT Addition to be collected prior to issuance of Building Permits for the respective Tots. Trunk Unit Charges To Be Determined (TBD) and collected with Building Permits Includes subwatershed improvement credit of $0.065 per square foot City Fees 10/9/02 STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7B Michael Grochala October 9, 2002 Consideration of Resolution No. 02 -146 Approving Stoneybrook First Addition Development Contract The City Council approved the preliminary plat of Stoneybrook on August 26, 2002. Tollefeson Development, Inc., the Developer, is now requesting to approval to begin construction of improvements for the first phase of the development, to be known as Stoneybrook First Addition. Stoneybrook First Addition consists of 52 single family residential lots. In accordance with the preliminary plat approval and City policy staff has prepared a Development Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $2,410,900.00 representing 150% percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Submittal by the developer of a Letter of Credit in the amount of $102,900.00 representing 35% of the costs to be assessed for the project. 3. Deposit of a cash escrow in the amount of $267,750.00 to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. 4. Section II.A.11, specifically states that the developer will be responsible for street and storm sewer maintenance until issuance of all Certificates of Occupancy for the development. Tollefeson Development, Inc., has reviewed the contract and is aware of the conditions setforth. RECOMMENDATION: • Staff recommends approval of the Development Contract. ATTACHMENTS 1. Resolution No. 02 -146 2. Development Contract. • • CITY OF LINO LAKES RESOLUTION NO. 02-146 RESOLUTION APPROVING STONEYBROOK FIRST ADDITION DEVELOPMENT CONTRACT WHEREAS, The City Council approved the preliminary plat of Stoneybrook on August 26, 2002, and WHEREAS, the Developer, Tollefson Development, Inc., is requesting approval to commence construction of the first phase of such development to be known as Stoneybrook First Addition; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Tollefeson Development, Inc., for Stoneybrook First Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 14th day of October, 2002. ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor • • • DEVELOPMENT CONTRACT Stoneybrook 1St Addition THIS AGREEMENT made this 14th day of October, 2002, 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 Tollefson Development, Inc. whose address is 17271 Kenyon Avenue, Suite 103 Lakeville, Minnesota 55044 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 Stonevbrook, hereinafter called "Subdivision ", said land is legally described to -wit The East half (1/2) of the Southeast Quarter (1/4), Section 27, Township 31, Range 22, except the East 1 -1/2 rods thereof, according to the United States Government Survey thereof and situate in Anoka County, Minnesota; and WHEREAS, the Developer requested that the City construct and finance certain improvements to service the plat; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. 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 • • Development Contract Stoneybrook 1st Addition herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PAR'1'1hS 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, street including CSAH 10 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 terms and conditions: 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. 2. 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. page 2 Development Contract Stoneybrook 1st Addition 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street. The City Forester shall determine species, size and location. 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.1, 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. f) 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 g) page 3 Development Contract Stoneybrook 1st Addition 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. i) The front 50 feet of the lots, 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. 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 permits. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. 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 comer 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. 10. 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 page 4 • • Development Contract Stoneybrook 1st Addition 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. 11. The Developer shall be responsible for street and storm sewer maintenance, including curbs, boulevards, sod and street sweeping, ditch cleaning and pond dredging until all Certificate of Occupancies are issued. 12. The Developer shall only be responsible for such maintenance until all Certificate of Occupancies are issued if caused by Developer, its purchasers, builders or contractors. 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. The Developer shall promptly clear dirt and debris resulting from construction by the Developer, its purchasers, builders or contractors within five (5) days after notification by the City. 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. b) 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. 14. The Developer shall dedicate to the City, prior to approval of the fmal plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. 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. The Developer shall be responsible for securing all site grading and 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. page 5 Development Contract Stoneybrook 1st Addition 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. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 18. 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 determined by the City. 19. CSAH 10 improvements shall be at the Developer expense. The Developer must obtain all necessary approvals from Anoka County. The Developer is responsible for acquiring any necessary right -of -way, temporary easements, or permanent easements for the construction of the CSAH 10 improvements. 20. The Developer shall construct and pay for all improvements as described in the landscaping plan. 21. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan. 22. Guarantee • a) Faithful Performance of Construction Contracts and Letters of Credit • • Development Contract Stoneybrook 1st Addition (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 terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. 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 guaranteeing the terms and conditions of this contract. 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. b) Reduction of Escrow Guarantee. (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 Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. Ill. CITY'S IMPROVEMENTS A. The City shall install or reimburse the Developer for the following described improvements to serve the Subdivision on the terms and conditions herein set forth: 1. Storm sewer trunks. page 7 Development Contract Stoneybrook 1st Addition 2. Sanitary sewer trunks. 3. Water trunks. B. Construction Procedures 1. All City improvements above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 and City Charter providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such City Improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of City Improvements under the City's complete supervision. C. Security, Levy of Special Assessments and Required Payment Therefore. 1. Prior to the preparation of final plans and specifications for the construction of said City Improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to thirty-five (35 %) percent of the total estimated assessments as established by the City Engineer. (See Attachment B) 2. Said letter of credit or cash escrow including accrued interest thereon, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shall be less than 35% of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such City Improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in accordance with City policy existing the date of this agreement, in equal annual principal installments plus interest on the unpaid installments at a rate not to exceed the maximum allowed by law. 3. All special assessments levied hereto shall be payable to the City Clerk in semi- annual installments over fifteen (15) years commencing on April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier. In the alternative, the City, at its option, may certify the page 8 Development Contract Stoneybrook 1st Addition entire assessment roll to the Anoka County Auditor for collection with the Real Estate Taxes. In the event any payment is not made on the dates set out herein, the City may exercise its rights granted hereunder for such default. The Developer waives any and all procedural and substantive objections to the installation of the City Improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. D. Required Payments of Special Assessments by Developer. 1. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such City Improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid City Improvement Costs assessed or to be assessed under this agreement against such property. 2. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to one hundred twenty percent (120 %) of the Engineer's estimate of the special assessments for such City Improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. Developer will be paid interest on all assessments paid before the levy of such assessments by the City at the bond interest rates paid by the City. E. Acceleration Upon.Default. 1. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In page 9 Development Contract Stoneybrook 1st Addition the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 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 Page 1 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 page 10 • Development Contract Stoneybrook 1st Addition 9. Street Lighting - Install/Operate 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. B. 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. C. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. The Developer further agrees to make an application to FEMA for a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan prior to issuance of building permits. E. 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. F. 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. page 11 Development Contract Stoneybrook 1st Addition VII. PHASING PLAN A. The development shall be constructed in accordance with the approved phasing plan as follows: 1. Final Plat approval for Phase I shall be granted for a maximum of 52 lots in 2002. 2. Final Plat approval for the remainder of the development shall be granted in 2003. VIII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out in City Ordinances 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 IX. 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. X. 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 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. page 12 • Development Contract Stoneybrook 1st Addition XI. 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. XII. 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. XIII. 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. 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 section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) Review and approval of a Homeowner's Association agreement, which includes provisions for the operation and maintenance of all signage and buffer areas. page 13 Development Contract Stoneybrook 1st Addition b) Review and approval of informational brochure including Best Management Practices with regard to buffer and wetland area requirements. c) Receipt of warranty deeds or dedication of all outlots proposed to be conveyed to the City. d) Detail of proposed wetland and buffer area signage. e) Receipt of permanent easements covering temporary cul -de -sacs lying outside dedicated right -of -way. f) Receipt of Conservation Easements covering wetland buffer areas. XIV. 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 permits and/or Certificate of Occupancies to any property within the plat until such time as such default has been corrected to the satisfaction of the City. XV. PARK DEDICATION A. Park dedication for Stoneybrook 1st Addition shall consist of a park dedication fee. XVI. 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 14 • Development Contract Stoneybrook 1st Addition DEVELOPER CITY OF LINO LAKES By By Developer Mayor All EST: By Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) 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. Notary public page 15 • • Development Contract Stoneybrook 1st Addition STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) 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 , a corporation 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 corporation. Notary Public page 16 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Stoneybrook APPLICANT: Tollefson Development ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 OPEN SPACE MANAGEMENT 6 STREET CONST. A. Subgrade /Base Course B. Wear Course C. CSAH 10 (Birch Street) 7 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) B. Trunk Unit Charge (REU) C. Lateral 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Unit Charge (REU) C. Lateral TOTALS: BUDGET COST NOTE Estimate e Estimate e Estimate e Estimate e $0 e Estimate Estimate Estimate e e e Estimate e $0.050 a $2,203 a $955 a • Estimate e $2,350 a $1,541 a Estimate e See Attachment B for security amounts to be posted NOTE: a: b: c: d: e: • f: Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study 10/9/02 NUMBER OF REU's: 52 ASSESSED AREA (ac.): 24.38 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $536,490 $10,000 $10,000 $25,000 $381,400 $62,030 $60,000 $114,563 $240,370 $164,400 $1,604,253 $53,100 $53,710 $49,660 $57,300 $80,132 $293,902 $0 attachments.xls ATTACHMENT B CITY FEES • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Stoneybrook APPLICANT: Tollefson Development NUMBER OF REU's: ASSESSED AREA (ac.): BUDGET DEVELOPER ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) 1 PLAT REVIEW FEE 2 PLANNER REVIEW FEE 3 ADMINISTRATION -3% OF CONST. 4 ENGINEERING A. Plan/Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 5 LEGAL PLAT REVIEW FEE 6 PUBLICATIONS 7 PARK DEDICATION FEE Ak TREE PRESERVATION POLICY STREET LIGHTING INST. & OPER. $3,900 $1,500 3% of const. $2,500 so $45,000 $0 $12,500 $520 $400 $1,665 $960 $1,680 10 TRAFFIC SIGNING IMPROV. $6,000 11 BOULEVARD TREE PLANTING $15,600 12 STREET, ST. SWR. & POND MAINT. $7,500 13 SEALCOATING FEE $15,000 14 FEMA Processing Fee N/A 15 AERIAL PHOTO COST RECOVERY $4,860 16 OTHER - Property Tax Escrow $5,000 TOTALS: b b a b b b b b b b d b b b b a a b a 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) NOTE: 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 f: Estimate by Feasibility Study $3,000 $3,000 Att. A $2,406,400 $102,900 $0 CITY IMP. (Y) 52 24.38 ESCROW AMOUNT (Z) $3,900 $1,500 $48,130 $2,500 $45,000 $12,500 $520 $400 $86,580 $1,000 $11,760 $6,000 $15,600 $7,500 $15,000 $0 $4,860 $5,000 0 $267,750 Att. B Total $4,500 $2,410,900 $0 $102,900 $267,750 $267,750 10/9/02 attachments.xis • • • AGENDA ITEM 7C STAFF ORIGINATOR: Tanda Gretz C. C. MEETING DATE: October 14, 2002 TOPIC: Minor Subdivision & Variance For property located at 855 Ash Street Don & Faith Lindahl ACTION REQUIRED: 3/5 vote PROGRESS SINCE THE SEPTEMBER 23RD MEETING This item was heard by the City Council on September 23, 2002. At that time, a question was brought by staff regarding whether or not street right -of -way was to be counted when figuring lot area. Specifically, if lot area is exclusive of street right -of -way, then it appeared that the Lindhal property would not meet the minimum lot size requirement of one acre, as required under the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2). Staff has now verified that the Lindhal property may count street right -of -way as part of lot area. The City Zoning Ordinance (Section 3, subdiv. 3.B.2.b) states that: "Within zoning districts with a minimum lot size requirement of 10 acres or more, up to 80% of the minimum lot area may be comprised of areas which are platted as street rights -of -way, is below the 100 year flood elevation, or lies within City watercourses, wetlands or waterbodies as defined by this ordinance." BACKGROUND Don and Faith Lindahl own 11 acres of land, zoned Rural, at 855 Ash Street. The Lindahls have applied for a Minor Subdivision and Variance from the minimum lot width requirements in order to subdivided their property. Although the minimum lot size for property in a Rural zone is 10 acres, the Lindahls are seeking to create a 10 -acre and a one -acre parcel, as allowed under Section 3, subd. 3.A.2.b.2 of the Lino Lakes City Code: • City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 "Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one acre if the balance of the property results in a parcel of ten acres, or is serviced by public sewer, and it can be demonstrated by means satisfactory to the City that the division will not result in ground water, soil or other contamination which may endanger the public health." The Lindahls propose to live on the one -acre parcel containing the residence and outbuildings, and sell the remaining ten -acre parcel to their son. It should be noted that the existing 11 -acre parcel was created in 1997 as part of a minor subdivision of 58.76 acres. Minutes from the meetings of both the Planning & Zoning Board and the City Council note that a further subdivision of the 11 -acre parcel, such as is now being proposed, was discussed at that time. Minutes note that the applicant "had been advised that splitting off one acre with the homestead to provide an additional building site would probably not be recommended in this case." This review is based on the following attached exhibits: 1. General Location Map 2. Minutes from November 24, 1997 City Council meeting 3. Minutes from November 12, 1997 Planning & Zoning meeting 4. Certificate of Survey, dated July 10, 2002 5. "Marked Up" Certificate of Survey, dated December 8, 1997 ANALYSIS The attached Certificate of Survey shows the proposed division of the 11 -acre parcel. Tract B, one acre, contains the Lindahl home and outbuildings, of which .89 acres are upland; Tract A, ten acres, contains the balance of the property, of which four acres are upland. Land Use & Zoning Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural West Rural North " Rural East LL Rural South (North Oaks) (North Oaks) • City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 Minimum Lot Requirements Size: the minimum lot size for property in a Rural zone is ten acres. Proposed Tract A would meet this requirement, with the balance of the property, Tract B, consisting of the one -acre parcel containing the existing homestead buildings, as allowed under Section 3, subd.3 .A.2.b .2 . Width: the minimum lot width for property in a Rural zone is 330 feet. The existing property only has 611 feet of frontage along County "J" (Ash Street). As such, the property cannot be subdivided and meet the required minimum frontage for both lots. Tract A is an irregularly shaped ( "C- shaped ") lot that does meet the minimum lot width requirements, although it is not contiguous width/road frontage. Rather, the lot wraps around the one acre parcel, with 269 feet to the west of the one acre parcel and 188 feet to the east of the one acre parcel. Tract B is being created under the homestead clause, as noted above, which allows property of a size under the minimum requirements. As a result, Tract B, measuring 155 feet in width, does not conform to minimum width requirements, and the applicant is asking for a Variance. Even if the applicant had the required 330 feet of lot width, the allowable one -acre parcel would then only provide a lot depth of 132 feet. The typical minimum lot depth is 135 feet for residential lots. Buildable Area Lino Lakes City Ordinance Section 3, subd. 3.B.1.b requires parcels requiring a minimum of 10 acres or more to have a minimum of 20% upland area. Both parcels meet this requirement, with Tract A containing four acres of upland (this upland exists as "islands" among wetland areas), and Tract B almost entirely composed of upland. Septic Issues Soils tests confirm that the proposed 10 -acre parcel is capable of accommodating a septic system. In addition, there is adequate room for both primary and secondary sites. The one -acre parcel already contains a septic system, with adequate room for a secondary site. Access Issues The existing 11 -acre parcel contains a second driveway, not used by the Lindahls but existing on their property, which is the sole source of access for the neighboring property to the west, at 815 Ash Street. Without this driveway, the property at 815 would be landlocked, with no access out to Ash Street or any other road. The minor subdivision approved in 1997, which created the parcels at 815 and 855 Ash Street, required an easement agreement be drawn up for this driveway. This agreement was approved by the • • • City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 City attorney and recorded with Anoka County. In addition, as a further condition of approval in 1997, the driveway was approved by the Fire Chief. The driveway is currently used primarily by the residents at 815 Ash Street, as the Lindahls have their own access drive. Further subdivision of the Lindahl's 11 -acre parcel would require shared use of this driveway by the future owners of proposed Tract A Such a situation may or may not pose a legal issue: the easement agreement states the easement is "for the exclusive benefit of Tracts B (855 Ash Street) and C (815 Ash Street)." Further, the agreement states that "no party may unreasonably increase the burden of the driveway and utility easement." The agreement can be amended only with the written consent of both parties. VARIANCE — FINDINGS OF FACT The Lino Lakes Zoning Ordinance states that "in considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Comment: The property is being subdivided according to the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A. 2. b. 2), which allows minimum lot size below what is normally required under Ordinance. The proposed property can not take advantage of the homestead (which allows lot size down to one acre in size) while also meeting the normal minimum lot size requirements of Ruraly zoned property (which requires lots to be at least 10 acres in size). 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. Comment: While the existing lot of record, while meeting the area requirements as prescribed in the ordinance, does not have the necessary frontage required under minimum Rural lot width standards. 3.) That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. Comment: While the zoning ordinance allows a one acre lot to be created under the homestead clause, the minimum Rural lot standards preclude the creation of such a lot that would also comply with the City's minimum lot depth standards. 4.) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. City Council Meeting Lindahl Minor Subdivision & Variance October 14, 2002 Comment: The property in question has the necessary lot area to conform to the minimum requirements of the homestead clause.. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Comment: The Variance is in keeping with the spirit and intent of the ordinance which allows for homesteaded properties to reduce their lot to a minimum of one acre if the balance of the property results in a parcel of ten acres. P & Z RECOMMENDATION The above report was presented at the August 14 & September 11, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, Board members voted to recommend approval of the Minor Subdivision, with the following conditions: 1.) A park dedication fee of $1,665 to be paid prior to the certification and recording of the Minor Subdivision. 2.) The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney, to be submitted prior to the certification and recording of the Minor Subdivision. 3.) The applicant shall dedicate to Anoka County the required public right -of -way adjacent to Ash Street. Such dedication shall be submitted prior to the certification and recording of the Minor Subdivision. CONCLUSION Based on the findings stated above, staff recommends approval. OPTIONS 1.) Approval of the Minor Subdivision and Variance. 2.) Denial of the Minor Subdivision and Variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 5 • CITY OF LINO LAKES RESOLUTION NO. 02-117 RESOLUTION APPROVING A MINOR SUBDIVISION & VARIANCE FOR PROPERTY LOCATED AT 855 ASH STREET (LINDAHL PROPERTY) WHEREAS, the City has received an application for a Variance and Minor Subdivision of property, and WHEREAS, the City's zoning ordinance and subdivision regulations provide for and establish requirements for Variances and Minor Subdivisions, and WHEREAS, the proposed Variance and Minor Subdivision apply to property zoned Rural, but which is being subdivided to a size under the minimum lot size requirements for property in a Rural zone, as allowed under the homestead clause of the City's Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2), and • WHEREAS, the City Council finds that: 1.) That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is being subdivided according to the homestead clause of the City Zoning Ordinance (Section 3, subdiv. 3.A.2.b.2), which allows minimum lot size below what is normally required under Ordinance. The proposed property can not take advantage of the homestead (which allows lot size down to one acre in size) while also meeting the normal minimum lot size requirements of Ruraly zoned property (which requires lots to be at least 10 acres in size). 2.) That the plight of the landowners is due to physical circumstances unique to his property, not created by the land owner. While the existing lot of record, while meeting the area requirements as prescribed in the ordinance, does not have the necessary frontage required under minimum Rural lot width standards. 3.) That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. • While the zoning ordinance allows a one acre lot to be created under the homestead clause, the minimum Rural lot standards preclude the creation of such a lot that would also comply with the City's minimum lot depth standards. 4.) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The property in question has the necessary lot area to conform to the minimum requirements of the homestead clause.. 5.) That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Variance is in keeping with the spirit and intent of the ordinance which allows for homesteaded properties to reduce their lot to a minimum of one acre if the balance of the property results in a parcel of ten acres. NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the proposed Minor Subdivision & Variance as described by the attached document entitled "Minor Subdivision for Don Lindahl" by E.G. Rud & Sons, Inc., dated July 10, 2002, with the following conditions: 1.) A park dedication fee of $1,665 to be paid prior to the certification and recording of the Minor Subdivision. 2.) The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney, to be submitted prior to the certification and recording of the Minor Subdivision. 3.) The applicant shall dedicate to Anoka County 60 feet of public right -of -way adjacent to Ash Street. Adopted by the Lino Lakes City Council this 14 day of October, 2002. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk s EXHIBIT # 1 prima ° � �q. a I mm 16.1.; � m: °�Bs maned io m01c_ fit• to ^o '•h mo norrpapmEr. ,,,e icort MillffigiftenttilBraVihiridtailli `Ma f,NERlb6 ���+eww0000coe � v�E 4uc .0 �� , .. En o l; OLiD X1000 n I= cm: Utz,, p. a►�° i tigi6%�, 4;0 4. a KRIS d -1m �� v'�0 . elf �r pV ' eeo'Loj•>,f � ,. �JJ nIULIU p.._,, _ : r, . . a: �n a¢noaGGCE v. _ vM 0o sao ■vd bggetil Pltd817111 46 tik4; D zo 987 REVISED 988 REV. 389 REV, 991 REV. 992 REV. 993 REV. 994 REV. REV. 00' NOV. 1994 JAN. 1996 JULY 1997 JULY 1998 AUG. 1999 SEPT. 2000 MAY 2001 JULY 2002 0111W —ea v- rc'I1-rr®'k it i i e° MAP OF OF I n 1l•.. iN•. COUNCIL MINUTES NOVEMBER 24, 1997 Planning and Zoning Board had reviewed this item at its November 12, 1 recommended approval on this basis. ' 997 meeting and Council Member Kuether expressed approval of the proposed subdivision but condition of collecting the $500 Park Dedication fee prior to issuance of the building pe with t Ms. Wyland explained that there is no current procedure whereby collection of su g permit. take place at a later date, and that collection of this fee is customary at this juncture. a fee coulc uncture. Mayor Landers asked if the 10 -acre parcel is developable. Ms. Wyland explained very little wetland at this site, with Hardwood Creek itself being the only P that there is undevelopable portion. Council Member Lyden moved to approve the Hardwood Creek Farm minor subdivision pursuant to the condition presented. Council Member Neal seconded the motion. Motion carried arried Consideration of a Minor Subdivision, Ruth Andrews, 855 Ash Street - Ms. Wyland explained that Ruth Andrews is currently the owner of 58.76 acres of land at 855 Ash This property is immediately adjacent to the Incarnation Cemetery, Street. homestead with three accessory buildings. The 58.76 acres currently nincludes as aan pproximately acres of upland, which is roughly 20% of the site. The roe PPrOind cafe as 12 0 such on the City's Land Use Map. property rty is zoned Rural, and indicated as Ms. Wyland stated that according to the City's Zoning Ordinance, Section Subd. 3.B.2.b. "Within zoning districts with a minimum lot size requirement of tens (10) act more, up to eighty (80 %) percent of the minimum lot area may be comprised of a es or reas which are platted as street rights -of -way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by this ordinance." The applicant would like to subdivide the property as follows: Tract A would contain 2 acres with 1.52 acres of upland. The plan is to sell this propto Incarnation Cemetery, which is currently just under one acre in size. If the Board erty should approve this request, the cemetery would be required to request a conditional permit from the Planning and Zoning Board for expansion of the cemetery. use Tract B is proposed to be 11 acres in size with 4.83 acres of upland. This parcel meets the 20% upland requirement, and contains the existing homestead. The applicant has been advised that splitting off one acre with the homestead to provide an additional building site would probably not be reconunended in this case. Tract C is 45.76 acres, with 5.66 acres being upland. located on a heavily - wooded knoll northwesterly of the existing majority t and p would is access via a driveway easement just westerly of the existing homestead, require 6 COUNCIL MINUTES NOVEMBER 24, 1997 Tracts B and C meet the minimum lot requirements for the Rural Zoning District; however, Tract C does not contain the 20% minimum upland. Tract A does not contain a minimum of 10 acres. Should the Planning and Zoning Board determine this minor subdivision to be justified, a variance pursuant to Section 3, Subd. 3.B.2.b. of the City's Zoning Ordinance would be required. On a typical 10 -acre parcel, 2 acres would be required to be upland. Ms. Wyland stated that the Planning and Zoning Board. expressed its belief that the following variance criteria could be met: A. That the plight of the landowner is due to circumstances unique to her property not created by the landowner. B. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. C. 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. D. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. E. That the proposed actions will be in keeping with the spirit and intent of the ordinance. • Ms. Wyland concluded the following recommendation with regard to this minor subdivision: to 1. Consideration of the subdivision of Tract A be subject to Planning and Zoning Board and City Council approval of an amended conditional use permit to allow expansion of the existing Incarnation Cemetery. Should that expansion be denied, the two acres could be left with Tract B. 2. Should the Planning and Zoning Board determine the minor subdivision to be appropriate, Tract B and Tract C be subdivided with a variance to allow the upland area of Tract C to be less than 20% of the total 45.76 acres (two acres would be the typical upland requirement on a 10 -acre parcel). 3. An easement agreement be drafted that would allow access to Tract C from tract B, subject to review and approval by the City Attorney. 4. A $500 park dedication fee be collected for Tract C prior to recording of the subdivision with the County. 5. Permits be obtained from Rice Creek Watershed District requiring easements over all wetland areas. 6. The City Engineer and Fire' Chief shall review and approve the driveway plan. Council Member Kuether asked why a $500 Park Dedication fee is not being requested for proposed Parcel A. Ms. Wyland explained that Parcel A includes the cemetery, which is not subject to such a use fee. • COUNCIL MINUTES NOVEMBER 24, 1997 Council Member Kuether expressed the concern that Council should not consider this request until the December Planning and Zoning Board and City Council meetings. Council Member Lyden requested clarification of the wetlands impact with respect to the proposed driveway. Ms. Wyland stated that such impact would be minimal. The proposal is for 3,400 square feet of wetland fill, and that Rice Creek Watershed will have to approve this aspect of the proposal. Mr. Ahrens explained that wetland fill of up to 5,000 square feet is permitted. Council Member Lyden also asked about impact of the proposed driveway on development of the buildable property located to its north. Ms. Wyland stated that the property to the north of the proposed driveway is owned by another party, and that access is available from Holly Drive. She added that it may be more appropriate for access to come from Holly Drive in the event that that property is developed. Mayor Landers asked if there should be County approval of the proposed driveway. Ms. Wyland explained that any access would require a County permit. Mayor Landers agreed with Council Member Kuether that Council approval of this project should follow.approval by the Planning and Zoning Board. Ms. Wyland explained that the Planning and Zoning Board had substantially approved the project with the sole exception of the portion intended for expansion of the cemetery. Mayor Landers asked if delay in action by Council would pose a hardship to the project. Ms. Kathy Rickert, broker for Home Realty, spoke on behalf of both buyers and sellers. Ms. Rickert provided pictures of the proposed development of this property, stating that they best fit this unique property. She stated that the planned development would include two houses, and pointed out specifically the proposed driveway. Council Member Lyden repeated Mayor Landers' question regarding hardship to the project in the event Council should determine that it should not act on this request until the Planning and Zoning Board has given final approval. Ms. Rickert indicated that delay by Council would pose a hardship, as pending approval by the Rice Creek Watershed District (scheduled to take place on November 25, 1997) the project can go forward immediately. Council Member Bergeson requested clarification from Ms. Wyland as to precisely what portion of the proposed project had not been recommended for approval by the Planning and Zoning Board. Ms. Wyland confirmed that the two acres which were proposed for addition to the cemetery is the only portion of the proposal that had not been finalized. She added that, in the event the Planning and Zoning Board did not approve expansion of the cemetery, the two acres in question would simply revert to the parcel designated as "Parcel A ". Council Member Bergeson indicated that requirements such as those that might be required to expand the cemetery, as proposed, normally relate to property use including buildings and other types of development, and that he could see no reason why the remainder of the project should not go COUNCIL MINUTES NOVEMBER 24, 1997 forward pending that determination as there should be no problem with approval of the cemetery expansion. Council Member Bergeson moved to approve the minor subdivision requested by Ruth Andrews for 855 Ash Street, pursuant to the conditions presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Amended Conditional Use Permit, Pat -a -Cake Childcare, 7761 Lake Drive - Ms. Wyland explained that Ms. Patty Beecher is the owner and operator of the Pat -a- Cake Daycare currently located at 7761 Lake Drive, just north of the Centennial Fire Department. Ms. Beecher has operated this center for approximately three years. Prior to that time, she operated out of her home. Since at least 1989, a daycare center has been located in this building. At this time Ms. Beecher wishes to expand her facility to accommodate a total of 75 children. Currently Ms. Beecher is licensed by the State of Minnesota for 48 children. The site of this daycare center is within the City's Neighborhood Business District and, according to the requirements of the existing Ordinance, a day care is permitted with a conditional use permit. Ms. Beecher will be purchasing the entire building in December and expanding the existing center to a total of 4,200 square feet. The Building Inspector and Fire Chief are aware of the proposed expansion and will be inspecting the site for compliance. The applicant has also been in touch with the Minnesota Department of Human Services to apply for an amended license to allow for the increase to 75 children. Ms. Wyland added that utilities are proposed for extension north on Lake Drive in the Spring of 1998. Ms. Beecher has indicated a willingness to connect to those utilities at that time. The facility is presently serviced by a mound septic system, which will then be removed and the play area moved to the rear of the site. There are 41 parking spaces provided on this site. This reconfiguration will allow for an expansion of the current parking area to allow for the 37 spaces required for the various uses in the building. Ms. Wyland concluded that Staff recommended approval of this amended conditional use permit with the following conditions: 1. An amended license for the expanded use is received from the Minnesota Department of Human Services. 2. Permits are obtained, as required, from the Building Department for any remodeling and change in signage. 3. The Fire Chief shall inspect the sight for compliance. 9 • Planning & Zoning Board November 12, 1997 Page 2 V. ACTION ITEMS A. Hardwood Creek Farm, 80th Street. Minor Subdivision EXBIBTT # 3 Ms. Wyland explained that this request by Nancy Erickson, owner of Hardwood Creek Farm, is to split their 40 -acre parcel into two pieces. Parcel A will be 10 acres in size, and Parcel B will be 30 acres in size. Both have required access on 80th Street; Parcel A having 332 feet, and Parcel B, 1300 feet. Parcel B presently contains the existing Hardwood Creek Farm stable and riding arena.. Both parcels will meet the requirements of the City's subdivision ordinance, and a $500 park dedication fee is requested for Parcel A, which will be retained by Ms. Erickson. The arena and stable area contained in Parcel B are to be sold, hence the need for the subdivision. Ms. Wyland recommended approval of the proposed subdivision contingent upon receipt of the $500 park dedication fee for Parcel A. This fee would be required, as Parcel A would be available as a home site. The question was raised as to why a third parcel -- Parcel C - -was included in the original Sketch and Description provided to the Board. Ms. Wyland explained that Ms. Erickson thought the party planning to purchase Parcel B would want to build a home, which would have to be on a separate parcel. Subsequent to preparation of the Sketch and Description, it was determined that no such plans exist. Mr. Johnson asked if a home could ultimately be constructed on Parcel B without additional action by the Board. Ms. Wyland responded that it could. Buildable space on Parcel A was questioned. Ms. Wyland explained that no topographical survey was ordered, as the property is upland; and, although it is not 100% buildable, it is definitely more than 20 %. Mr. Robinson explained that all of the land is upland with the exception of a portion that slopes down to a creek and back up again. Mr. Dunn made a MOTION to approve the Hardwood Creek Farm, 2306 80th Street, minor subdivision, and was supported by Mr. Robinson. Motion carried, 7 -0. B. Ruth Andrews, 855 Ash Street, Minor Subdivision Ms. Wyland explained that Ms. Ruth Andrews is currently the owner of 58.76 acres of land at 855 Ash Street. This property is immediately adjacent to the Incarnation Cemetery, and contains an existing homestead with three accessory buildings. The 58.76 acres currently includes approximately 12 acres of upland, which is roughly 20% of the site. The property is zoned Rural, and indicated as such on the City's Land Use Map. • Planning & Zoning Board November 12, 1997 Page 3 Ms. Wyland stated that according to the City's Zoning Ordinance, Section 3, Subd. 3.B.2.b. "Within zoning districts with a minimum lot size requirement of ten (10) acres or more, up to eighty (80 %) percent of the minimum lot area may be comprised of areas which are platted as street rights -of -way, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by this ordinance." The applicant would like to subdivide the property as follows: Tract A would contain 2 acres with 1.52 acres of upland. The plan is to sell this property to Incarnation Cemetery, which is currently just under one acre in size. If the Board should approve this request, the cemetery would be required to request a conditional use permit from the Planning and Zoning Board for expansion of the cemetery. Tract B is proposed to be 11 acres in size with 4.83 acres of upland. This parcel meets the 20% upland requirement, and contains the existing homestead. The applicant has been advised that splitting off one acre with the homestead to provide an additional building site would probably not be recommended in this case. Tract C is 45.76 acres, with 5.66 acres being upland. The majority of the upland is located on a heavily - wooded knoll northwesterly of the existing home; and would require access via a driveway easement just westerly of the existing homestead. Tracts B and C meet the minimum lot requirements for the Rural Zoning District; however, Tract C does not contain the 20% minimum upland. Tract. A does not contain a minimum of 10 acres. Should the Planning and Zoning Board determine this minor subdivision to be justified, a variance pursuant to Section 3, Subd. 3.B.2.b. of the City's Zoning Ordinance would be required. On a typical 10 -acre parcel, 2 acres would be required to be upland. Ms. Wyland concluded the following recommendation with regard to this minor subdivision: 1. Consideration of the subdivision of Tract A be subject to Planning and Zoning Board and City Council approval of an amended conditional use permit to allow expansion of the existing Incarnation Cemetery. Should that expansion be denied, the two acres could be left with Tract A. 2. Should the Planning and Zoning Board determine the minor subdivision to be appropriate, Tract B and Tract C be subdivided with a variance to allow the upland area of Tract C to be less than 20% of the total 45.76 acres (two acres would be the typical upland requirement on a 10 -acre parcel). 3. An easement agreement be drafted that would allow access to Tract C from tract B, subject to review and approval by the City Attorney. 4. A $500 park dedication fee be collected for Tract C prior to recording of the Planning 8c Zoning Board November 12, 1997 Page 4 subdivision with the County. Mr. Dunn asked about accuracy of the elevations represented by the map provided to the Board for review of this request. Ms. Wyland explained that she had personally visited the site. She added that the knoll is quite obvious, with the balance of the 40 acres clearly wetlands. The logical location for the driveway easement is that proposed. She stated that the elevations are in the 900+ foot range. Mr. Robinson suggested that short of having delineation by Rice Creek Watershed there would be a problem with the driveway. Ms. Wyland stated that a permit would have to be obtained. It was suggested that the Board's approval would have to be based upon Rice Creek Watershed's approval. - Mr. Dunn asked whether or not there are any additional cemeteries provided for within the Comprehensive Plan. Ms. Wyland stated that there are not. Ms. Kathy Rickert, broker for Home Realty, spoke on behalf of both buyers and sellers. Ms. Rickert provided pictures of the proposed development of this property, stating that they best fit this unique property. She stated that the planned development would include two houses, preservation of the natural run -off of the land, the trees, and the natural habitat, and in all other aspects conforms with regulations of the area. The proposed use would not impede any normal or orderly development of the surrounding neighborhood. Chair Schaps raised the issue of the 11 -acre parcel, taking into account the possibility of splitting off 1 acre for a home site. Ms. Rickert indicated that thought had been given to that split, but that the decision was made to maintain one parcel. Chair Schaps clarified that all parties understand the City's position with respect to a split. Mr. Don Lyndale agreed that he understood the City's position; however, he stated his understanding that an ordinance was in existence which would provide for such a split. Ms. Wyland explained that there is an ordinance which provides for such a split, but that the property would have to be examined more carefully with the lot configured so as to allow for an additional building site. She could not assure that this could be accomplished. Mr. Lyndale indicated his understanding, adding that he is trying to work with the existing configuration. However, he does not wish to be restricted with respect to future use by the Planning and Zoning Board's present action. Ms. Wyland emphasized that reconfiguration may not be possible. Mr. Thompson stated that it is not presently his intent to attempt such a reconfiguration, but that he may with to explore that possibility some time in the future. Mr. Johnson expressed concern about the length of the driveway easement for Tract C, which would cross wetlands. He added that the knoll connects with the upland property • Planning & Zoning Board November 12, 1997 Page 5 to the north, and that development of the knoll should take place in conjunction with development to the north and not have separate access from the south. Chair Schaps requested clarification of the total number of homes on the site. Ms. Rickert acknowledged that there is an existing home and that another home is proposed for construction on the property. Jerry Hawkins of Incarnation Cemetery stated that his organization proposes to take on an additional two acres, which would triple the size of the current cemetery site. Mr. Hawkins indicated that the cemetery has existed since 1922. Mr. Johnson pointed out that a portion of Tract A is wetland, and not usable by the cemetery. Mr. Hawkins stated that he was aware of that. Steve Thompson, purchaser of proposed Tract C, asked about the Planning and Zoning Board's problem with two structures. He indicated that his plans include an office within the smaller structure, and would build a larger home some time in the future. Ms. Wyland explained that the City allows one single- family home per lot. She added that should the owner choose to build a larger home in the future, the small one would have to be removed. Ms. Wyland further explained that businesses are not permitted within a residential district. Mr. Thompson stated that his view is that of having an office within his home, not as a separate business. Ms. Wyland indicated that further consultation would be required as to the inclusion of a business on the property. Mr. Thompson also questioned payment of the $500 park dedication fee. Ms. Wyland explained that any time a piece of land is proposed for construction of a home, such a fee is required. Mr. Brixius added that home occupations are permitted in this district within a permitted accessory building. He suggested that Mr. Thompson would have to provide additional information regarding his business and, if it meets the definition, can be housed within a separate building. With regard to the park dedication fee, Mr. Brixius explained that the fee is charged as part of the overall subdivision and who actually pays the fee may be negotiable among the parties purchasing/developing the property. Mr. Dunn requested clarification of what the Planning and Zoning Board is acting on at this time. Ms. Wyland explained that the only action proposed at this time is the minor subdivision. Development and use of the property would be a separate issue. Mr. Herr asked about splitting Tracts B and C so that an easement would not be included in Tract B. Ms. Wyland indicated that possibility had not been explored. She added that . it would be very difficult to maintain the minimum amount of required upland with the easement placed elsewhere. Planning & Zoning Board November 12, 1997 Page 6 The required width of the easement was questioned. Mr. Ahrens responded that the minimum is a 20 -foot paved surface for emergency vehicle use. Chair Schaps suggested that Mr. Thompson would have to meet certain requirements regarding installation of the proposed driveway in order to satisfy the fire code. Mr. Ahrens clarified that the easement is for 20 feet, while the proposed driveway is 10 feet in width. He added that the City's fire chief would have to approve the proposed driveway. Mr. Thompson agreed that emergency vehicles would have to be able to negotiate the driveway. Mr. Brixius stated that the City's zoning ordinance also contains requirements as to driveway width and surface, which must be satisfied. Mr. Herr asked if the City has in the past allowed something less than 20 %. Ms. Wyland explained that the 20% upland requirement is new to the City's ordinance. Previously the requirement was for 80% for a 10 -acre minimum. Mr. Dunn asked if other options had been explored, in light of the large amount of wetlands. He asked if a wetlands parcel could be created, ensuring that the area would remain wetlands and unbuildable for infinity. Mr. Brixius stated that the disadvantage of splitting the wetlands off as a separate parcel is that it would most likely go tax forfeit. Remaining part of the larger parcel it would stay within single ownership, it would be protected from future development by the easement, and it would remain a property of value. Mr. Thompson pointed out that a portion of the land northwest and south of the subject site, although inaccessible, is dry, potentially buildable parcels of land. Chair Schaps asked about variance criteria. Ms. Wyland cited five findings of fact, as follow: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowner is due to physical circumstances unique to the property and not created by the landowner. 3. That the hardship is not due to economic considerations alone and a reasonable use for the property exists tinder the terms of the ordinance. 4. That granting the variance would not confer on the applicant any special privilege that would be denied by this ordinance to other land, structures or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. • • • Planning & Zoning Board November 12, 1997 Page 7 Chair Schaps asked Mr. Brixius to respond to the variance criteria as stated by Ms. Wyland. Mr. Brixius indicated that there is justification for a variance in the following areas: First, the area is genuinely unique due to the wetlands. He suggested that the ordinance could be skirted by creating an outlot which would encompass most of the wetland, reducing the overall size and bringing the figure to within 20 %, which would serve no constructive purpose. Mr. Brixius added that it is in the best interest of the City for the land to remain in single ownership and, in that respect, fulfills the intent of the ordinance. Mr. Herr made a MOTION to approve the minor subdivision requested by Ruth Andrews, conditioned upon approval by the Rice Creek Watershed District and of the Fire Chief with respect to property access, supported by Mr. Robinson. Motion carried 7 -0. C. Pat -a -Cake Daycare, 7761 Lake Drive, Amended Conditional Use Permit, PUBLIC HEARING Chair Schaps opened the public hearing at 7:20 p.m. Ms. Wyland explained that Ms. Patty Beecher is the owner and operator of the Pat -a -Cake Daycare currently located at 7761 Lake Drive, just north of the Fire Department. Ms. Beecher has operated this center for approximately three years. Prior to that time, she operated out of her home. Since at least 1989, a daycare center has been located in this building. At this time Ms. Beecher wishes to expand her facility to accommodate a total of 75 children. Currently Ms. Beecher is licensed by the State of Minnesota for 48 children. The site of this daycare center is within the City's Neighborhood Business District and, according to the requirements of the existing Ordinance, a day care is permitted with a conditional use permit. Ms. Beecher will be purchasing the entire building in December and expanding the existing center to a total of 4,200 square feet. The Building Inspector and Fire Chief are aware of the proposed expansion and will be inspecting the site for compliance. The applicant has also been in touch with the Minnesota Department of Human Services to apply for an amended license to allow for the increase to 75 children. Ms. Wyland added that utilities are proposed for extension north on Lake Drive in the Spring of 1998. Ms. Beecher has indicated a willingness to connect to those utilities at that time. The facility is presently services by a mound septic system, which will then be removed and the play area moved to the rear of the site. This reconfiguration will allow for an expansion of the current parking area. 1 • W •t• Z6'S62' 41Y.92 46Z.00N Vas 1 N •"S° • / \ •\ gz " z 0 O u 4 O LIS t 9'L0L N t0 Lic. No. 25341 Yl'YZ 3.05,90.L044K� -. -, . =•�'lt al\ -tel4); tsy, s J I � • O • N Ed i6 3..e , pZ.00S .9 4 n rZSr ✓— -" m 118 \\ '' •J DENOTES EXISTING CONTOURS i•. � PO' 18Z; 3,9Z,4tOOS "C7 • yyg;5j 5b'5' g•w�l6p1 :. .. jj "`t06• 1 i 2W. • ti VICO'l q' Z 3' NU I M ❑ x� • �?�`— ►9i57_ -_- Li- ti 0 • 2.0_ : ... F7� `` _ • �J fp0 _ a I _ i01.0a �.� Ca? 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W = W L . co 0 CI) 0 DENOTES 1/2" IRON PIN SET (L.S: C 2 SV UNIIU3 1N3YVl INUYV JJ1UNJU O • AGENDA ITEM 7 D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 14, 2002 TOPIC: Resolution 02 -144 Final Plat and Allocation of MUSA Reserve Clearwater Creek 5th Addition ACTION: 3/5 vote BACKGROUND This is the last phase of the Clearwater Creek development, which received preliminary plat and rezoning approval in April 1999. The 5th Addition includes 54 lots. The recent approval of the new comprehensive plan puts the site within a stage 1 growth area, eligible for MUSA. The 1999 approval indicated the intention to allocate MUSA to this site when MUSA became available. Approval of the comprehensive plan by the Metropolitan Council gives us the MUSA needed for this site. Final Plat: The City requires a number of things for a final plat approval. • Final plat must substantially conform to the approved preliminary plat, which it does. • Development agreement must be completed, including financial securities. We have a development agreement that was approved by the City Council on August 26, 2002, with Resolution 02 -102. • Title commitment must be reviewed by City Attorney. This has been completed. • Conditions of approval must be met. Any conditions that have not been completed are addressed in the development agreement. MUSA: The approval of the project was several years ago (1999), and the timing of MUSA availability was unclear at that time. For these reasons, it is better to clearly allocate the intended MUSA by a formal resolution now that we actually do have MUSA available. There are 20.8 acres of upland in the area to be platted as Clearwater Creek 5th Addition. Therefore, the resolution allocates 20.8 acres of MUSA reserve. OPTIONS 1. Approve Resolution 02 -144 approving the final plat of Clearwater Creek 5th Addition and allocating 20.8 acres of MUSA reserve. 2. Return to staff with direction. RECOMMENDATION Option 1 • CITY OF LINO LAKES RESOLUTION NO. 02-144 RESOLUTION APPROVING THE FINAL PLAT AND ALLOCATING 20.8 ACRES OF MUSA RESERVE FOR CLEARWATER CREEK 5711 ADDITION 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 site is included in the Clearwater Creek 314 Addition preliminary plat approved by the City Council on April 12, 1999, and WHEREAS, the preliminary plat approval included phasing of the development over several years, and WHEREAS, the final plat for Clearwater Creek 5th Addition received by the City on October 7, 2002 is consistent with that phasing plan and other City requirements, and WHEREAS, the 2002 comprehensive plan guides the site for low density sewered residential development within the Metropolitan Urban Service Area (MUSA), and WHEREAS, the 2002 comprehensive plan includes the site within a stage one growth area, eligible for MUSA reserve prior to year 2010, and WHEREAS, the City has MUSA reserve acres to allocate; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Clearwater Creek 5th Addition. BE IT FURTHER RESOLVED that the City Council hereby allocates 20.8 acres of MUSA reserve to the Clearwater Creek 5th Addition Adopted by the Lino Lakes City Council this day of , 2002. • John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Il #.:%s ariti1327 174139; 14.611 :� �OV0000G0CI0GC ©CCmm oao 1� m'i '�iWi an`'mmc�k r6az dp p� 11 E MEN 0 w J PINES o'odd even HOUSE NUMBERING SYSTEM Fr. W h • sa a s er z 2 i sk I3 ga 1 • t :f 3 1 t5133Nr r !O r i( "e• 3N/7 •- R•tgry C.:`; 1.73n. 3339 s'• HO16'{y 2 E 1 72� i 1 a 0 F s 1 ti k 6 t ! 1s# Fg E E° si 1 2 t. 3 11 12 a9 ra . a i 32 - -1 1 c: ry ki 1 a t Z 5 1 OF 3 SHEETS o I 4V 8 4 .y . t7. 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F a . e 6 503.101..11 77 "E 51 1 }� SHEET 2 OF 3 SHEETS Fiz, L'Izz Cs= I 14 • ,.... ;14 (L) 0.) j+- I gs::: ;•: I 3.0"1.00N sur„„1 ',.., I I 1 \ ( : / ... ce i , I/ I\ -- `-;•:: , , .. • I — .s.\ \ . 1 \ \ ,. \ \ 3 \\\\ \ \ \ N see'' ....................... \ C A ;g? SHEET 3 OF 3 SHEETS AGENDA ITEM 7 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 14, 2002 TOPIC: Resolution 02 -142 Approving Distribution of the Environmental Assessment Worksheet for the Eagle Brook Church ACTION REQUIRED: 3/5 vote BACKGROUND Eagle Brook Church is proposing to build a church on a site approximately 3/4 mile north of the Centerville/Lino Lakes border, on the west side of 20th Ave. The church has prepared an Environmental Assessment Worksheet (EAW) for the project. City staff have reviewed the information submitted by the church and is comfortable recommending that the EAW be distributed for public comment. Resolution 02 -142 approves the distribution for public comment. The resolution does not in any way grant any approval of the church project itself. The Eagle Brook Church EAW is voluntary. The proposed project does not cross any mandatory EAW thresholds. A citizen group did submit a petition requesting the preparation of an EAW, which was forwarded to the City. However, the church decided to prepare the EAW by the time the City received the petition, so the City did not need to decide if an EAW was warranted. The church has not submitted any project applications to the City for review. Based on the preliminary plans described in the EAW, the site comprises 95 acres overall. The proposed new church would include 88,000 sf with the possible addition of another 7,500 sf. The potential total of 95,500 sf is analyzed by the EAW. The project would also include the necessary parking, road improvements, and other typical elements of site development. Environmental Review Process Rules written by the Minnesota Environmental Quality Board describe the requirements for the environmental review. These rules were written to implement MN Statute 116D, the Minnesota Environmental Policy Act. Environmental review starts with an environmental assessment worksheet (EAW). An EAW is defined as a brief document which is designed to set out the basic facts necessary to determine whether an environmental impact statement (EIS) is necessary. The EAW form was created by the Minnesota Environmental Quality Board (EQB). It is a list of questions that must be completed based on the project specifics. • • • Briefly, the project proposer submits information for the EAW. The City then reviews the submitted information for accuracy and completeness. Then the EAW is distributed and made available for public review. A public comment period of 30 days follows. Approving the EAW for distribution means that the City is comfortable that the document is accurate and complete to the best of its knowledge. There is no other commitment or hidden implication regarding approval of the project in making the decision to distribute the document. Approving the EAW for distribution does not mean that the City is approving the project. On the contrary, once the EAW process has been initiated, the project cannot be started and no governmental entity can make a final decision on the project until the environmental review process is completed. After the public comment period, the City decides if it has enough information to determine if the project will cause significant environmental effects. If it will not cause such effects, the City makes a "negative declaration" meaning that an EIS is not necessary. If the review process reveals, in the judgement of the City, that the project will cause significant environmental effects, the City makes a "positive declaration" meaning an EIS is necessary. An EIS is a very large, very expensive study. It is not unusual for an EIS cost a million dollars and typically takes several years to complete. A step -by -step summary of the process follows. 1. Project proposer submits data. • Normally, the developer completes the EAW form and the City reviews and amends it. • It is the City's document and the City has a responsibility to ensure, to the best of its ability, that it is complete and accurate. 2. City approves the EAW for distribution. 3. There is a list of agencies to which the EAW must be distributed. The project proposer will make all the necessary copies and distribute them to the required agencies. We will have a copy available in the library in City Hall. 4. Availability of the EAW is published in the EQB Monitor. City provides press release to newspaper. 5. Thirty -day public comment period begins on day of publication in EQB Monitor. 6. After comment period closes, City determines if it has enough information to make a determination. • If not, it can postpone the decision for 30 more days to gather information. • • 7. If City has sufficient information, it should make a determination within 30 days of the close of the comment period. • A negative declaration means there will be no significant environmental effects from the project and an EIS is not necessary. • A positive declaration means an EIS is necessary. 8. The City provides its decision within five days to the distribution list and everyone who submitted a comment. 9. The City must respond to all substantive comments and distribute the responses. OPTIONS 1. Approve Resolution 02 -142 approving distribution of the EAW. 2. Return to staff with direction. RECOMMENDATION Option 1 • • CITY OF LINO LAKES RESOLUTION NO. 02-142 RESOLUTION APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE EAGLE BROOK CHURCH WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, Eagle Brook Church has initiated an environmental review to determine if a project has the potential for significant environmental effects, as allowed by 4410.1000, Subpart 3.D.; and WHEREAS, Eagle Brook Church, the project proposer, has submitted data for an EAW; and WHEREAS, the City has reviewed the submitted data and determined to the best of the City's knowledge that the EAW is complete and accurate; NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council approves the distribution of the Eagle Brook Church EAW for public comment as required by MN Rules 4410.1500. Adopted by the Lino Lakes City Council this day of , 2002 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7F Tanda Gretz October 14, 2002 Public Hearing & First Reading: Ordinance No. 12 -02 Vacation of a Ponding Easement For Property Located at 73 Lilac Street (Lot 11, Block 2, Sunset Oaks Add.) Debra G. Woods ACTION REQUIRED: 4/5 vote BACKGROUND Debra Woods lives at 73 Lilac Street, a two -acre lot which is zoned Rural. The property contains a home with an attached garage, and Ms. Woods would like to construct an additional detached garage to the rear of the home. There is an existing 42' X 190' ponding easement area on the east part of the property. This easement area is where the applicant would like to site the proposed garage, and so she is asking for a Vacation of the easement. This review is based on the following attached exhibits: 1. General Location Map. 2. Certificate of Survey, prepared by Kurth Surveying, August 16, 2002. City Council Meeting Woods Vacation October 14, 2002 ANALYSIS The existing ponding easement at 73 Lilac Street (Lot 11, Block 2, Sunset Oaks) covers portions of the eastern part of the property and extends onto the neighboring property to the east. In reviewing documents from the time the Sunset Oaks subdivision was constructed (1970's), it appears that the ponding easement area was designated in anticipation of a pond being constructed or needed. Thirty years later, such a pond has never materialized. City engineer Jim Studenski has reviewed the site and found no need for the ponding easement area, as there is no drainage to the area and the land is relatively level. In addition, a portion of the existing septic system of the home is sited in the easement area, which would thus make it impractical for ponding purposes. CONCLUSION As the ponding easement area does not appear to be necessary for drainage purposes, staff would recommend its vacation. OPTIONS 1.) Approve Ordinance No. 12 -02, vacating the easement. 2.) Deny Ordinance No. 12 -02. 3.) Return to staff with direction. RECOMMENDATION Option #1. • • CITY OF LINO LAKES ORDINANCE NO. 12-02 ORDINANCE VACATING A PONDING EASEMENT ON PROPERTY LOCATED AT 73 LILAC STREET (LOT 11, BLOCK 2, SUNSET OAKS) WHEREAS, the City Council of Lino Lakes has determined to vacate the ponding easement existing on property located at 73 Lilac Street (Lot 11, Block 2, Sunset Oaks); and WHEREAS, a public hearing was held on October 14, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on October 1, 2002, and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and WHEREAS, it appears to be in the best interests of the City to vacate such a ponding easement; and • WHEREAS, four -fifths of all members of the City Council concur in this ordinance. • NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. The ponding easement described as follows is hereby vacated: All that part of the ponding easement as dedicated on the plat of Sunset Oaks, Anoka County, Minnesota lying within Lot 11, Block 2 of said plat. Section 2. That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this 28th day of October, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor NTy-- }WY: -A, 117477P-WAY PLAT NO 50 -MART - •STREET -- - .0 .t EXHIBIT # / a 4.--m"--- spows..... COU' 1 6 S 43° ouTl tom/ '�� Kg � �4 ©oo s p s i LOT ■ 5 17 11111111 OUTLOT B PARK 6 7 arum's I le /7 MUST 6 4 NORTH I�©©amo d NOM rcOnl !mod 2 'FARM a©2DD •ivA vr� m o ttoVii_ IN NM ONO 3 norma o 11 -5, IN IMF Ibbkfirk STATE -TRUNK -HIGH APONLO BUSINESS PAS NO 2 '1 4 5 5 6 LINO LAKES c • ME- 7 REHABILITATIO! CENTER Emn lin MARVV MCI KUM :LOCI 2 3 10 11 ��— �+;;�! r fir; riSCII,LI'LhbiS�li. RIVE • APOLLO. 2io ONES C.S.A. MEADOWS STREET -- -- p�P TRACT C 182 AUF cl IG FOR Npc v l Oc D�SCERT I TS I CATS OF SURVEY ��., (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOD 1 HEREBY CERTIFY TWIT 11-11S SURVEY. PLAN OR REPORT VAS PREPARED BY ME OR UNDER MY DIRECT SUP RVISION ANO THAT 1 MM A DULY ICEN • LAND SURVE .11 LNDER S OF STATFjoF M V ' s. Randy L. Ku Ih. L.L. . No. 20270 Russell J. Kurth. L.L.S. No. 16113 LUa4l_L• SCQ.\? '\1 oN loT \\ 1 gL-OC t, SvNxT o7aK`�� QJNIO SA coo N N, M1�C 140Vi;'•4oND11VCo eAcom€NT • Dzowca•ceo 1"4 -Mc ?LAM" OS- )-r be)(- FAP,S N.oT 2,CGN vwc -O-C1/4-iV g'1 �{1 of Limo 0 0 a 0 9 wJ 9 0 9 °0 0 7 W' \ N r • 0 SO' SCALE IN FEET N'-l° 'Z\' `\°" C° O v 25.Bi 0 0 0 0 9 0 0 4 _ow JP a5) • • 33' Iyo . ,ZS Q-- psr_Gl OP�`1 '""1 "per lev..1 I �\ "6 — 0;- �I�,NO'FI1 Lou \Ti Qo147 D.. IS3> '-y KIRIN SIRVEYIW^, IVY 4002 JEFFERSON ST. NE. CCLLMI31A FEIGI-IFS. 1.81 55421 (612) 788 -9769 FAX (612) 788-7602 DATE 1'+UKa• \6,, Z-ooZ / o • IRON MONUMENT ARL w--ro AQ SE QGR 4((GS• ve27 \C -chit V "V t7 ANov,C c-o'• *l-c 'L.a- ?L .T Pw —s od AGENDA ITEM 7G STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: October 14, 2002 TOPIC: Second Reading: Ordinance No. 09 -02 Vacation of Drainage/Utility Easement For property located at 6763 Timberwolf Trail (Lot 3 & Lot 4, Block 1, Pheasant Hills 9th Add.) Theodore S. Brausen ACTION REQUIRED: 4/5 vote BACKGROUND Ordinance No. 09 -02 was approved on the first reading before the City Council on September 23, 2002. It is now before the Council for the second reading. Theodore Brausen is applying for the Vacation of a drainage and utility easement on his property. Mr. Brausen, who lives at 6763 Timberwolf Trail, has purchased the adjacent lot to the south of his home, and has combined the two lots into one tax parcel with a single PIN. He would now like to vacate the drainage and utility easements which exist on either side of the line between the two original lots. Mr. Brausen has constructed a pool and, although the pool is not itself sited on the easements, other pool utility areas will be. This review is based on the following attached exhibits: 1.) General Location Map 2.) Easement Vacation Exhibit, dated 8 -6 -02 by Loucks Associates City Council Meeting Brausen Vacation October 14, 2002 ANALYSIS The subject drainage and utility easement exists as two standard five -foot side yard drainage and utility easements, one on Lot 4 and one on Lot 3. Since the two five -foot easements are on adjacent lots, the combined easement area measures approximately 10' X 144.' City engineer Jim Studenski has reviewed this application and reports that there are no utilities or storm sewers located in the easement area. As a result, there should be no negative impact to vacating the easement area. CONCLUSION This is a request for the Vacation of two standard five -foot side yard drainage and utility easements. Since the two properties have now been combined into a single tax parcel with one PIN, and there are no utilities or storm sewers sited in the easement area, it is appropriate to vacate the easement. OPTIONS 1.) Approval of the Vacation: Ordinance No. 09 -02. 2.) Denial of the Vacation. 3.) Return to staff with direction. RECOMMENDATION Option #1. • • CITY OF LINO LAKES ORDINANCE NO. 09-02 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS LOT 3 & LOT 4, BLOCK 1, PHEASANT HILLS 9TH (BRAUSEN PROPERTY) WHEREAS, the City Council of Lino Lakes has determined to vacate the drainage and utility easement existing between Lot 3 & Lot 4, Block 1, Pheasant Hills 9th Addition; and WHEREAS, a public hearing was held on September 23, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on September 3rd, 2002, and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and and WHEREAS, it appears to be in the best interests of the City to vacate such easement; NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. That the drainage and utility easement described as follows is hereby vacated: Exhibit A Secion 2. That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Pased by the Lino Lakes City Council this 14th day of October, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • ATTACHMENT A That part of the 10.00 foot wide easement for drainage and utility purposes as dedicated along the common line between Lots 3 and 4, Block 1, Pheasant Hills Preserve 9th Addition, according to the recorded plat thereof, Anoka County, Minnesota, which lies westerly of a line 10.00 feet westerly of and parallel with the easterly lines of said Lots 3 and 4 and which lies easterly of the following described line: Commencing at southwest corner of said Lot 3; thence easterly on an assumed bearing of North 86 degrees 51 minutes 17 seconds East, along the south line of said Lot 3, a distance of 20.63 feet to the point of beginning of the line to be described; thence North 17 degrees 21 minutes 15 seconds West a distance of 152.07 feet and said line there terminating. • • EXHIBIT # / 3 KIVeetv Q ©i*- ' 3 1111'1 b 0© ®) 61151.11 � �, �S.9i M W:C Fii b� 1 dk � ��r r to ai 92P P ,...A Q .p4m W o �T aii, /or�oacx 44 g PHEASANT �a -�r f w mils. m N EAST 1 2 3 ANORA COUNTY HIGHWAY RI101T-0FWAY PLAT NO. 11 BIRCH STREET cn BRAND •00 ESTATES 10 9 0 7 9 5 3 CANFIELD ROAD LD OR", h 9 RARTH 14 V15 I9 1 26 35 7 CQURT PART SUB %VISION L 0 T OF S C'S 341 35 T 3i- R.22 V a • • j7t ' 'IMMI----; V MI E r) IT _ reEF igi 4: 1;03 i°m TY *NU Or .n.rroon Or '11101 0 ;11,1I ,IPIP idled W': 1 herby certify that this Knott pion, or report was prepared by anunder my direct supian d that t am a dmy Licensed Land Surveyor under the loss of the Stote of uinnooto. • Cl..i ., £.[J.tJ.1 -. L. Igo „,1 638 ! 5 LoucKS ASSOCIATES 1111 AI .111 111! &moment Vacation union (0 3 I i z O L C T --0 O .-0 L W ••L 0,0- W 01 I, M•• C OL WO ••0 L O -, N p W y 0- L. 04 OY Cy •-• Z 0 U ant) OC .- o'- W W-.c J c0'0 .000 W� -O-C W0 0- - O -- E 0m L.- 0-'.. O 0.- u .- 0 g >. v y 0 rnn •- 0 0 0 -• 0)- 0 '0 0 u . U . W p L - 0 C0 0 .W O 0 - .0 C- - C U W O) 4) 0 W - * 0 >.) C W y .- C.0 < 'O .. •- L c .-• 0 C 0 W • C - y . . O 0 O• -L-••- •- 0.0 W -0 13Z 30 0 0 W 040 01 ... •O c0 00 >.0 .0 C 0Z•- 0 L. 0) •- in 0 - (..) • - O+' 3 O F- O L L o- a v C 0 1 t) 01 4) O. c W N M) - 0- y y C W W • • • U O E W >O .•y 0Y W LEY -'0c L 0SLO 000000o- 03 o 0.-o 4)141C'1 00.....( C C O- U tnn J+••L y+-• 0-1401 '- O O <- W y- C.• W 0 4) • O.J2 - •C +-0 0 3W W 1- 111 0L f 0 y m• -0•- L C O. 0 3 C o) v- 0 .c -. 00000.1304) 0 >. • 0.0 0 -' L ; 0 -• 0 W •0 L • -•+ y y 0 WW 00. ;c .0 3 W.0 C-• - 3 - ; > L 0 .0 .- .• C C "....0 0 0. - - O+ ..•0' W 30 - 0-' L U W • - 3 .- W W .0 >..- 0 0 E 0 W C L.•.• S< 0 -.0 V).. - ;C9 0>. W yy•- u0 .0 - W L 0 4) -- C 0 W - 0 -- W v C 3 WO.O" - a O W n - - -9 - ) V 0 C 0 _O- y -•. W 0y w maw- u yy - •.0flO 0 0 O O C O "• iJ 'W � •0) 3 0 O L a 0 C •p W y C O O WW L •W W O W 7 O y W W W y OL 0 00. OC O u 010 .• C C C W W 0 .- 0 o - c o W EF•• 0- c W WV M E L 0•- nrno u 0 .- E C 5O W 0. 1.- O U< W c ; E W W• C W o c V) L.0 O 0 0.0 tO.Co• -- W < 0 0_ U00-N -N•)- 004)W6) •- .0 L L S L •C 0 O F- -0 .. n. -. 3 0 .J •.. 411 O z 0 O H AGENDA ITEM 7H STAFF ORIGINATOR: Marty Asleson DATE: October 14, 2002 TOPIC: Consider Resolution No. 02 -147 Accepting Bid for Boulevard Trees in New Developments BACKGROUND: The City of Lino Lakes Escrows dollars for the planting of one tree on the boulevard of each new home frontage in developments. A bid was sent out to several landscape companies requesting service to supply and plant these trees. Three bids were received. The low bid total submitted by Mickman Brothers Inc. came to $37,900. This figure meets the escrow budget. OPTIONS: 1. Accept the bid from Mickman Brothers Inc. and approve Resolution No. 02- 147 2. Do not accept the bid. RECOMMENDATION: Option 1. CITY OF LINO LAKES RESOLUTION NO. 02 -147 RESOLUTION ACCEPTING BID FOR BOULEVARD TREES IN NEW DEVELOPMENTS. WHEREAS, the City Environmental Specialist has sent out bids for the planting of boulevard trees in new developments to several landscape companies, and WHEREAS, the low bid received was submitted by Mickman Brothers, Inc., and staff has presented this bid to the Council for approval; and WHEREAS, the low bid of $37,900 falls within the escrow budget NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such quote, a copy of which is attached hereto and made part hereof, is hereby approved. 2. The bid for the planting of boulevard trees in new developments as submitted by Mickman Brothers, Inc. in the amount of $37,900 is accepted. Adopted by the Lino Lakes City Council this 14th day of October, 2002. John J. Bergeson, Mayor Ann Blair, City Clerk Mickman Brothers >n� 1 2ri.d p g Fo-LJ? im. Aetr ;t,,ti1 :I•tt .. Natural Holiday Decorations Go{f Driving Range PROPOSAL DATE: 10 -9 -02 WE ARE PLEASED TO PRESENT THE FOLLOWING BID: FURNISHED AND INSTALLED AS PER SPECIFICATIONS WITH ALL MINNESOTA SALES TAX INCLUDED. PROJECT NAME: Lino Lakes Tree Plantings PROJECT LOCATION: Lino Lakes, MN. ESTIMATOR: Marshall Wellman SECTION BID: Landscape Installation of Landscape as per plan: This price is for the installation of trees, planting soil, and mulch as per plan. Total = $ 37,990.00 NOTES: 1) Performance Bond not included in price. 2) Mickman Brothers Inc. reserves the right to use 1.5 " -2" potted trees. 3) Some substitutions are requested. 4) Some of the plantings will need to wait until spring 2003. SIGNED: ACCEPTED: Marshall Wellman, Landscape Division Manager DATE: DATE: 14630 Highway 65 • Ham Lake, Minnesota 55304 • www.mlckman.com • (763) 434 -4047 • (800) 446 -4229 • FAX (703) 434 -4611