Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02/28/2000 Council Packet
AGENDA � UPDATED AGENDA • • SCANNED CITY OF LINO LAKES Monday February 28, 2000 6:30 P.M. - Call to Order and Roll Call : - Setting the Agenda: Are there any items to be added or deleted from the Agenda? 1. Consent Agenda A) Consideration of Minutes i) January 5, 2000 Council Work Session Minutes ii) January 10, 2000 City Council Meeting Minutes iii) January 24, 2000 City Council Meeting Minutes B) Consideration of Expenditures: i) 1999/ 2000 (Check No. 58264 - 58343 in the amount of $114,446.77; and $386,534.69, respectively) ii) Centennial Fire District C) 2. Open Mike Approve Resolution 00 -20 Adopt Resolution 00 -20 Transferring Funds from the Area and Unit Fund to the 1992A G.O. Improvement Bond fund to eliminate the deficit. 3. Administration Department Report, Dan Tesch A) Consider Approval of AFSCME Union Contract (3/4 Vote Required) — Dan Tesch B) Consider Senior Center Use Guidelines (3/4 Vote Required) — Dan Tesch C) Consider Approval for Circle -Lex VFW to Spend Gambling Funds (3/4 Vote Required) — Ry -Chel Gaustad Page 1 k • AGENDA D) Consider Resolution 00 -22 Approving the VFW Post 6583 Gambling Premises Renewal Application — (3/4 Vote Required) — Ry -Chel Gaustad E) Consider Resolution 00 -21 Approving the Minnesota/USA Wrestling Inc. Gambling Premises Renewal Application — (3/4 Vote Required) — Ry -Chel Gaustad 4. Public Safety Department Report, Dave Pecchia A. Discuss Compliance Checks Chief Dave Pecchia B. Annual Police Report — Sargent Bill Hammes 5. Public Services Department Report, Rick DeGardner A. Consideration of Resolution 00 -19, Adopting 2000 Water and Sewer Budgets — Rick DeGardner B. Consideration of Approving Antenna Lease Agreement — Mericom/Aerial — Rick DeGardner 6. Community Development Department Report, Brian Wessel • A. Anoka County Integrated Waste Agreement (3/4 Vote Required) — Marty • Asleson B. Consider Majestic Pines Community Church Conditional Use Permit and Site Plan Review (3/4 Vote Required) — Jeff Smyser /Cindy Sherman C. Consider Site Plan Approval for Anoka County Beach Project (3/4 Vote Required) — Jeff Smyser D. Second Reading, Ordinance No. 02 -2000, Amend Zoning Ordinance to add Exterior Storage as a Conditional Use in the LI, Light Industrial Zoning District (4/4 Vote Required) - Mary Kay Wyland E. Consider Shiloh Community Church Conditional Use Permit - (3/4 Vote Required) - Mary Kay Wyland F. First Reading, Ordinance 17 -99, Easement Vacation, Oak Brook Peninsula (4/4 Vote Required) — John Powell (TO BE CONTINUED 3/13/00) 7. Unfinished Business 8. New Business 9. Community Calendar, February 28, 2000 through March 13, 2000: Page 2 AGENDA • A. Wednesday, March 1, 2000, 7:00 a.m., Special P &Z Board Mtg. • • B. Thursday, March 2, 2000, 7:00 a.m., EDAC Mtg. C. Saturday, March 4, 2000, 8:30 p.m., Joint Council Meeting at Matthews Restaurant in Circle Pines D. Monday, March 6, 2000, 6:30 p.m., Park Board Mtg. E. Wednesday, March 8, 2000, 5:30 p.m., Council Work Session F. Wednesday, March 8, 2000, 6:30 p.m., P &Z Board Mtg. G. Monday, March 13, 2000, 6:30 p.m., City Council Mtg. H. TUESDAY, MARCH 14, 2000, SPECIAL CITY ELECTION 10. Adjourn Revised 2/23 /2000 2:00 p.m. Page 3 • EXPENDITURES FEBRUARY 28, 2000 1999 BUDGET • • Date: 02/18/2000 Time: 13:35:33 CITY OF LINO LAKES FM Entry - Invoice Journal i3�pges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 690 - 690 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 000370 ANOKA COUNTY 1 900.00 900.00 .00 .00 000390 ANOKA COUNTY 1 728.78 728.78 .00 .00 000420 ANOKA COUNTY 1 13,609.83 13,609.83 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 1 299.38 299.38 .00 .00 002692 CALTHORPE ASSOCIATES 2 18,950.00 18,950.00 .00 .00 003245 MINNESOTA LAND TRUST, INC. 1 768.52 768.52 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 3 4,895.79 4,895.79 .00 .00 004350 T.K.D.A. 19 74,268.96 74,268.96 .00 .00 004466 TOP TRAILERS, INC. 1 25.51 25.51 .00 .00 Grand Totals: 30 114,446.77 114,446.77 .00 .00* 111 • Date: 02/18/2000 Time: 13:38:02 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) 691 - 691 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount 0 SHORT - ELLIOTT - HENDRICK TRAPPERS CROSSING II * * * * * * ** 199.23 0 T.K.D.A. MUNICIPAL ENGINEER * * * * * * ** 29,268.23 Total for Dept ** 29,467.46* O TOP TRAILERS, INC. AWNING LATCHES OTHER 25.51 Total for Dept 204 25.51* 0 LEAGUE OF MN CITIES IN CLAIM 11025661 ADMINIST 299.38 Total for Dept 402 299.38* O ANOKA COUNTY TRUTH IN TAX /SPEC ASSESS FINANCE 1,342.89 Total for Dept 407 1,342.89* 4110 0 CALTHORPE ASSOCIATES GIBBS STUDY ECONOMIC 18,950.00 Total for Dept 415 18,950.00* O MINNESOTA LAND TRUST, SADDLE CLUB PROJECT PLANNING 768.52 Total for Dept 416 768.52* O T.K.D.A. MUNICIPAL ENGINEER ENGINEER 20,503.48 Total for Dept 417 20,503.48* O ANOKA COUNTY OCT /NOV /DEC MOBILE DATA POLICE 900.00 Total for Dept 420 900.00* 0 ANOKA COUNTY STREET SIGNS STREETS 728.78 O T.K.D.A. MUNICIPAL ENGINEER STREETS 60.20 Total for Dept 430 788.98* 0 ANOKA COUNTY TRUTH IN TAX /SPEC ASSESS OTHER 12,266.94 0 SHORT - ELLIOTT - HENDRICK LAKE DRIVE TRUNK OTHER 4,696.56 O T.K.D.A. MUNICIPAL ENGINEER OTHER 24,437.05 Total for Dept 499 41,400.55* Grand Total 114,446.77* • 1 EXPENDITURES FEBRUARY 28, 2000 2000 BUDGET Date: 02/18/2000 Time: 11:17:18 CITY OF LINO LAKES FM Entry - Invoice Journal III/1 Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 687 - 687 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 000052 A T & T 1 187.97 187.97 .00 .00 000063 STATE SUPPLY COMPANY, INC. 1 25.26 25.26 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 71.00 71.00 .00 .00 000163 FIRST STUDENT, INC. 2 495.00 495.00 .00 .00 000189 AMAZON.COM 1 105.96 105.96 .00 .00 000190 BILLIET, JUDY 1 180.00 180.00 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 240.00 240.00 .00 .00 000192 TCGLASS 1 345.39 345.39 .00 .00 000193 ABBA TROPHY 1 26.63 26.63 .00 .00 000194 MALL OF AMERICA COMPANY, INC. 1 200.00 200.00 .00 .00 111,95 POLICE PRODUCTS CORPORATION 1 1,205.00 1,205.00 .00 .00 18 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 48.64 48.64 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 684.79 684.79 .00 .00 000370 ANOKA COUNTY 2 372.40 372.40 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 12,497.95 12,497.95 .00 .00 000946 C. P. OFFICE PRODUCTS 2 58.95 58.95 .00 .00 001053 CENTER FRAME AND WHEEL ALIGN, INC. 2 567.50 567.50 .00 .00 001067 CENTURY COLLEGE 1 295.00 295.00 .00 .00 001255 CY'S UNIFORMS, INC. 1 1,050.11 1,050.11 .00 .00 001260 D.C.A. INC. 1 210.60 210.60 .00 .00 001292 DEHN OIL COMPANY, INC. 2 3,597.16 3,597.16 .00 .00 001309 DIAMOND CLEANING SERVICE, INC. 1 678.86 678.86 .00 .00 Date: 02/18/2000 Time: 11:17:19 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount r # Name # of items Net Gross Discount Lost 001350 E. G. RUD & SONS, INC. 2 1,176.50 1,176.50 .00 .00 001584 FUNKHOUSER, JAMES & JUDITH 1 2,317.58 2,317.58 .00 .00 001600 GALL'S INC. 2 249.96 249.96 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 222.64 222.64 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 50.49 50.49 .00 .00 001680 GOPHER STATE ONE -CALL, INC. 1 59.50 59.50 .00 .00 001850 HOFFMAN, MICHAEL 1 171.42 171.42 .00 .00 001860 KENNEDY AND GRAVEN, INC. 4 2,370.59 2,370.59 .00 .00 001957 INTERNATIONAL INST OF MUN CLERKS 1 110.00 110.00 .00 .00 001970 INTERSTATE LUMBER, INC. 1 31.02 31.02 .00 .00 001980 IKON OFFICE SOLUTIONS, INC. 1 436.91 436.91 .00 .00 002230 DIVINE, MARY 1 38.50 38.50 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 2,825.81 2,825.81 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 20.00 20.00 .00 .00 002550 MENARDS, INC. 3 504.23 504.23 .00 .00 70 METRO COUNCIL WASTEWATER SERVICES 1 42,869.00 42,869.00 .00 .00 92 CALTHORPE ASSOCIATES 1 3,000.00 3,000.00 .00 .00 002700 MINNEGASCO ACCOUNTS PAYABLE, INC. 1 1,718.19 1,718.19 .00 .00 002822 MINNESOTA COUNTY ATTORNEYS ASSOC 1 23.95 23.95 .00 .00 002926 MN WEIGHTS & MEASURES 1 200.00 200.00 .00 .00 003193 NEWSCOPE TECHNOLOGIES, INC. 2 315.25 315.25 .00 .00 003250 NORTHERN STATES POWER, INC. 1 1,855.90 1,855.90 .00 .00 003289 ENTRONIX - INTERNATIONAL,INC. 1 199.95 199.95 .00 .00 003454 PACE ANALYTICAL, INC. 1 70.00 70.00 .00 .00 003457 PAGENET OF MINNESOTA, INC. 1 22.86 22.86 .00 .00 003478 PECCHIA, DAVID CHIEF 1 545.00 545.00 .00 .00 003491 PETTY CASH 1 47.65 47.65 .00 .00 • Date: 02/18/2000 Time: 11:17:20 CITY OF LINO LAKES FM Entry - Invoice Journal Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 003625 PRUDENTIAL HEALTHCARE GROUP 1 393.87 393.87 .00 .00 003710 RECYCLING ASSN OF MINNESOTA 1 110.00 110.00 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 1,000.41 1,000.41 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003910 SAM'S CLUB, INC. 1 951.50 951.50 .00 .00 004030 SMITH MICRO TECHNOLOGIES, INC. 1 3,200.00 3,200.00 .00 .00 004240 STREICHER'S, INC. 1 69.17 69.17 .00 .00 004251 SUBURBAN INSPECTIONS, INC. 1 1,002.38 1,002.38 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 3 397.89 397.89 .00 .00 004456 TODORA, GAIL 1 825.00 825.00 .00 .00 004466 TOP TRAILERS, INC. 1 2,947.82 2,947.82 .00 .00 004467 TOWER ASPHALT, INC. 1 142.19 142.19 .00 .00 004469 TOUSLEY FORD, INC. 1 48.07 48.07 .00 .00 004575 UPS /UNITED PARCEL SERVICE 1 17.75 17.75 .00 .00 004670 US WEST COMMUNICATIONS 1 212.48 212.48 .00 .00 ill/7 VADNAIS LAKE AREA WATER 1 1,415.00 1,415.00 .00 .00 1 WEATHER WATCH, INC. 1 176.00 176.00 .00 .00 004850 WYLAND, CATHY 1 960.00 960.00 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 99.59 99.59 .00 .00 900167 CENTRAL LANDSCAPING, INC. 1 12,819.98 12,819.98 .00 .00 900546 NEW URBAN NEWS 1 79.00 79.00 .00 .00 900575 DISTRICT COURT ADMINISTRATION 1 275,000.00 275,000.00 .00 .00 900591 CORPORATE EXPRESS, INC. 2 19.57 19.57 .00 .00 Grand Totals: 88 386,539.69 386,539.69 .00 .00* • Date: 02/18/2000 Time: 11:23:12 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) 689 - 689 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount • • O KENNEDY AND GRAVEN, IN H & L MESABI DEVELOPEMEN 0 METRO COUNCIL WASTEWAT JANUARY SAC /MARCH SEWER 0 MINNESOTA COUNTY ATTOR FORMS 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR Total for Dept ** 1,540.00 14,157.00 23.95 190.87 148.50 16,060.32* O FIRST STUDENT, INC. TRANSPORTATION /TRAILER SPECIAL 495.00 0 PETTY CASH FOOD /CAMERAS SPECIAL 26.37 Total for Dept 205 521.37* 0 TIMESAVER OFF -SITE SEC FEB 9 MAYOR /CO 0 WYLAND, CATHY PREPARE SPRING NEWSLETTE MAYOR /CO Total for Dept 401 163.88 60.00 223.88* 0 BILLIET, JUDY SWAMP /ISLAND PRINT ADMINIST 180.00 O C. P. OFFICE PRODUCTS OFFICE SUPPLIES ADMINIST 20.20 O INTERNATIONAL INST OF MEMBERSHIP /R GAUSTAD ADMINIST 110.00 O PRUDENTIAL HEALTHCARE LIFE INSURANCE ADMINIST 17.50 0 SAM'S CLUB, INC. SUPPLIES ADMINIST 40.00 O WYLAND, CATHY PREPARE SPRING NEWSLETTE ADMINIST 780.00 Total for Dept 402 1,147.70* O C. P. OFFICE PRODUCTS OFFICE SUPPLIES FINANCE 12.18 0 D.C.A. INC. ADMINISTRATIVE COSTS FINANCE 210.60 O LARSON ALLEN WEISHAIR PROFESSIONAL SERVICES FINANCE 1,349.53 O PRUDENTIAL HEALTHCARE LIFE INSURANCE FINANCE 3.50 Total for Dept 407 1,575.81* O WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO 11,062.45 Total for Dept 414 11,062.45* 0 CALTHORPE ASSOCIATES DEVELOPMENT STANDARDS ECONOMIC 3,000.00 O DIVINE, MARY FILM /PROCESSING /SUPPLIES ECONOMIC 38.50 0 KENNEDY AND GRAVEN, IN EXPENSES ECONOMIC 18.59 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE ECONOMIC 7.00 Date: 02/18/2000 Time: 11:23:13 Operator: JAL • Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description • • Dept 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR ECONOMIC 0 WYLAND, CATHY PREPARE SPRING NEWSLETTE ECONOMIC Total for Dept 415 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES PLANNING O NEW URBAN NEWS REINSTATEMENT /M K WYLAND PLANNING O PRUDENTIAL HEALTHCARE LIFE INSURANCE PLANNING 0 TIMESAVER OFF -SITE SEC FEB 9 PLANNING Total for Dept 416 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A T & T ABBA TROPHY ADVANCED GRAPHIX, INC. AMAZON.COM AMERIPRIDE LINEN /APPAR ANOKA COUNTY CENTURY COLLEGE CY'S UNIFORMS, INC. GALL'S INC. GLENWOOD INGLEWOOD, IN MALL OF AMERICA COMPAN MENARDS, INC. NORTHERN STATES POWER, PECCHIA, DAVID CHIEF POLICE PRODUCTS CORPOR PRUDENTIAL HEALTHCARE SAM'S CLUB, INC. SHRED -IT, INC. STREICHER'S, INC. MONTHLY SERVICE PLAQUE DOOR STRIPES linolkespd @hotmail.com MONTHLY SERVICE WARRANTY /MOBILE DATA TER TRAINING /3 UNIFORM SUPPLIES UNIFORM SUPPLIES MONTHLY SERVICE REGISTRATION SHELF MONTHLY SERVICE CLOTHING ALLOWANCE CLEANER /LUBE LIFE INSURANCE SUPPLIES DESTROY CONFIDENTIAL MAT SUPPLIES UPS /UNITED PARCEL SERV SHIPPING CHARGES WYLAND, CATHY PREPARE SPRING NEWSLETTE Total for Dept 420 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE Total for Dept 421 O PAGENET OF MINNESOTA, MONTHLY SERVICE O PRUDENTIAL HEALTHCARE LIFE INSURANCE O SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS Total for Dept 422 0 0 0 0 0 0 0 0 0 CORPORATE EXPRESS, INC OFFICE SUPPLIES MACQUEEN EQUIPMENT, IN REGISTRATION /6 MN WEIGHTS & MEASURES INSPECTION NORTHERN STATES POWER, MONTHLY SERVICE PRUDENTIAL HEALTHCARE LIFE INSURANCE SAM'S CLUB, INC. TOP TRAILERS, INC. TOWER ASPHALT, INC. WEATHER WATCH, INC. SUPPLIES TRAILER UPM MIX MONTHLY SERVICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE BUILDING BUILDING BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS Amount 376.20 60.00 3,500.29* 16.02 79.00 7.00 140.88 242.90* 187.97 26.63 71.00 105.96 48.64 372.40 295.00 1,050.11 249.96 50.49 200.00 299.56 3.14 545.00 1,205.00 84.00 779.05 54.95 69.17 17.75 30.00 5,745.78* 3.50 3.50* 22.86 10.50 1,002.38 1,035.74* 19.57 240.00 200.00 209.19 17.50 15.00 2,947.82 142.19 176.00 Date: 02/18/2000 Time: 11:23:14 Operator: JAL • Page: 3 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description • • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dept Total for Dept 430 CENTER FRAME AND WHEEL REPAIR #335 DEHN OIL COMPANY, INC. DIESEL ENTRONIX- INTERNATIONAL CLUSTER CORE GILLUND ENTERPRISES, I CLEANER /KITS PRUDENTIAL HEALTHCARE LIFE INSURANCE TCGLASS WINDSHIELD TOUSLEY FORD, INC. COVER ASSEMBLY Total for Dept 431 ANCHOR PAPER COMPANY, C. P. OFFICE PRODUCTS DIAMOND CLEANING SERVI IKON OFFICE SOLUTIONS, INTERSTATE LUMBER, INC MENARDS, INC. MINNEGASCO ACCOUNTS PA NORTHERN STATES POWER, PRUDENTIAL HEALTHCARE SAM'S CLUB, INC. SMITH MICRO TECHNOLOGI STATE SUPPLY COMPANY, COPY PAPER COPY PAPER JANITORIAL SERVICE COPIER MAINTENANCE SUPPLIES CEMENT FASTENER MONTHLY SERVICE MONTHLY SERVICE LIFE INSURANCE SUPPLIES BLOCK OF TIME FAUCET US WEST COMMUNICATIONS MONTHLY SERVICE Total for Dept 432 0 E. G. RUD & SONS, INC. SET MONUMENTS 0 HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW 0 LEAGUE OF MINNESOTA CI REGISTRATION /TIM H O MENARDS, INC. TOOLS 0 MINNEGASCO ACCOUNTS PA MONTHLY SERVICE 0 NEWSCOPE TECHNOLOGIES, HOCKEY LIGHTS /SUNRISE 0 NORTHERN STATES POWER, MONTHLY SERVICE O PRUDENTIAL HEALTHCARE LIFE INSURANCE 0 SAM'S CLUB, INC. SUPPLIES O TBS OFFICE AUTOMATIONS STAPLE CARTRIDGE 0 US WEST COMMUNICATIONS MONTHLY SERVICE Total for Dept 450 0 PETTY CASH FOOD /CAMERAS 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE 0 SAM'S CLUB, INC. SUPPLIES O TBS OFFICE AUTOMATIONS STAPLE CARTRIDGE O TODORA, GAIL SPRING PARK /REC GUIDE Total for Dept 451 0 TIMESAVER OFF -SITE SEC FEB 7 Total for Dept 452 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PA PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI RECREATI PARK BOA ENVIRONM Amount 3,967.27* 567.50 3,597.16 199.95 222.64 3.50 345.39 48.07 4,984.21* 684.79 10.55 678.86 436.91 31.02 2.32 1,395.33 4.98 3.50 77.45 3,200.00 25.26 55.46 6,606.43* 814.00 171.42 20.00 202.35 170.32 315.25 315.54 24.50 25.00 49.79 119.99 2,228.16* 21.28 7.00 15.00 49.80 825.00 918.08* 93.13 93.13* 1.57 Date: 02/18/2000 Time: 11:23:14 Operator: JAL Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount • 0 WYLAND, CATHY PREPARE SPRING NEWSLETTE ENVIRONM 30.00 Total for Dept 461 31.57* O PRUDENTIAL HEALTHCARE LIFE INSURANCE SOLID WA .35 0 RECYCLING ASSN OF MINN MEMBERSHIP /MARTY A SOLID WA 110.00 Total for Dept 462 110.35* 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE FORESTRY 1.58 Total for Dept 463 1.58* 0 GOPHER STATE ONE -CALL, MONTHLY SERVICE WATER 29.75 0 MINNEGASCO ACCOUNTS PA MONTHLY SERVICE WATER 152.54 0 NORTHERN STATES POWER, MONTHLY SERVICE WATER 611.00 O PACE ANALYTICAL, INC. COLIFORM BACTERIA TESTIN WATER 70.00 O PRUDENTIAL HEALTHCARE LIFE INSURANCE WATER 5.25 0 US WEST COMMUNICATIONS MONTHLY SERVICE WATER 37.03 Total for Dept 494 905.57* 0 GOPHER STATE ONE -CALL, MONTHLY SERVICE SEWER 29.75 0 METRO COUNCIL WASTEWAT JANUARY SAC /MARCH SEWER SEWER 28,712.00 O NORTHERN STATES POWER, MONTHLY SERVICE SEWER 712.05 0 PRUDENTIAL HEALTHCARE LIFE INSURANCE SEWER 5.25 Total for Dept 495 29,459.05* O CENTRAL LANDSCAPING, I CONTRACTOR APOLLO DRIVE OTHER 12,819.98 0 DISTRICT COURT ADMINIS REILING OTHER 275,000.00 O E. G. RUD & SONS, INC. REVISE EASEMENT OTHER 362.50 O FUNKHOUSER, JAMES & JU LAND PURCHASE OTHER 2,317.58 O KENNEDY AND GRAVEN, IN SENIOR HOUSING PROJECT OTHER 812.00 0 LARSON ALLEN WEISHAIR PROFESSIONAL SERVICES OTHER 1,476.28 O SHORT - ELLIOTT - HENDRICK LAKES ADDITION OTHER 1,000.41 O VADNAIS LAKE AREA WATE VLAWMO ADMIN COSTS OTHER 1,415.00 O WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR OTHER 910.80 Total for Dept 499 296,114.55* Grand Total 386,539.69* • • • Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax February 16, 2000 TO: City Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of February expenses. Your approval of February expenses as listed on the attached copy of the check register, checks #12059 — 12074, in the amount of $90,128.00 is hereby requested. • DATE CHECK# NAME 02/16/2000 12059 02/16/2000 12060 02/16/2000 12061 02/16/2000 12062 02/16/2000 12063 02/16/2000 12064 02/16/2000 12065 02/16/2000 12066 02/16/2000 12067 02/16/2000 12068 02/16/2000 12069 02/16/2000 12070 02/16/2000 12071 02/16/2000 12072 02/16/2000 12073 02/16/2000 12074 • • Centennial Fire District Check Register Automatic Fire Alarm Association, Inc. Capitol Communications Cy's Uniforms Eddy Brothers Company Fairview Lakes Clinic Frattallone's Hardware National Fire Protection Association Northern States Power Pagenet Pehl, Hinschberger Associates, LTD. Reliant Energy Minnegasco Rick Bangert Tom French U.S. West Viking Office Products Toyne, Inc. ACCOUNT 42220 - Travel, Conference, School 42110 -Other Maintenance 42120 - Uniform Expense 42110 -Other Maintenance 42150 - Medical Physicals 42110 -Other Maintenance 42200 -Dues and Memberships 42254 - Station 2 - Electric 42240 - Telephone 42160- Accounting Services 42253 - Station 2 - Gas 42130 - Equipment Expense 42220 - Travel, Conference, School 42240 - Telephone 42180 -Office Supplies 11100- Equipment Total Page 1 of 1 AMOUNT 129.00 60.90 125.55 47.30 684.00 81.15 590.00 509.84 114.86 200.00 716.00 230.35 189.84 529.02 102.19 85.818.00 90,128.00 CONSENT AGENDA ITEM 1C STAFF ORIGINATOR Paula Schloer DATE 2/22/00 TOPIC Resolution No. 00 -20 VOTE REQUIRED Simple Majority BACKGROUND Each year a transfer is made into the 1992 Bond Fund to cover the deficit balance. These bonds were originally sold to finance the West Central Trunk. In 1995, funds were transferred to the Area and Unit Fund from TIF funds to defray the cost of the trunk. The transfer is to cover bond payments only. The amount of the transfer would be $423,850, effective December, 1999. OPTIONS 1. Adopt Resolution 00 -20 Transferring funds from the Area and Unit fund to the 1992A G.O. Improvement Bond fund to eliminate the deficit. RECOMMENDATION Option 1 • Council member introduced the following resolution and move its adoption: • CITY OF LINO LAKES RESOLUTION NO. 00-20 RESOLUTION TRANSFERRING FUNDS FROM THE AREA AND UNIT FUND TO THE 1992A G.O. IMPROVEMENT BOND FUND TO ELIMINATE THE DEFICIT WHEREAS, The 1992 Bond Fund has a deficit balance, and WHEREAS, these bonds were originally sold to finance the West Central Trunk, and WHEREAS, in 1995, funds were transferred to the Area and Unit Fund from TIF funds to defray the cost of the trunk, and WHEREAS, the transfer is to cover bond payments only. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted effective December 1999. Increase Imp. Bonds 1992A (309) $423,850 Area and Unit Fund (406) Decrease ($423,850) Adopted by the City Council of Lino Lakes this 28th day of February, 2000. John Bergeson- Mayor Ry -Chel Gaustad, CMC City Clerk The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: IPWhere upon said resolution was declared duly passed and adopted: • • • AGENDA ITEM.3A STAFF MEMBER Daniel Tesch, Director of Administration DATE 23 February 2000 SUBJECT 1999 — 2000 AFSCME Contract VOTE REQUIRED Simple Majority BACKGROUND The city and representatives of Local Council No. 14 of the American Federation of State, County and Municipal Employees, AFL -CIO have spent the past several months negotiating a contract covering our clerical, technical and professional employees. The city's goals in contract negotiation are to provide marketable salaries for our employees, uniformity of benefits and consistent processes and procedures. We believe this contract meets those goals. A number of the articles in the contract are chapters out of our personnel policy. The level of city participation for insurance coverage is consistent with recent contract settlements for other bargaining units within the city. The cost of living adjustment for both years covered by this contract is 3 %. The city looks to measures found in 28 metropolitan communities with similar populations for salary market data. Market adjustments for certain positions were made using these guidelines. The AFSCME bargaining unit has already approved the proposed two -year contract. Council approval is the final step in contract adoption. OPTIONS 1. Approve the contract. 2. Request additional information regarding the contract. RECOMMENDATION One. • • • AGENDA ITEM 3B STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 2/28/00 TOPIC: Consider New Lease Agreement with Senior Center VOTE REQUIRED: 3/4 BACKGROUND: The Lino Lakes Senior Center leases space at 1189 Main Street (old city hall) for one dollar per year. The city pays utilities and provides cleaning and maintenance services. Since the last lease agreement was signed, there have been several new developments. First, the city no longer uses the old council chambers and that space is now available for use by the Senior Center. Second, in late 1999, the city council agreed that the Senior Center should be able to allow other groups to use its space and collect any resulting donations. The Senior Center Coordinator and city staff drafted a new lease agreement that has been approved by the city attorney. The new agreement includes the two items mentioned above, as well as guidelines for users of the leased space. The first draft of the agreement contained a prohibition against the presence or consumption of alcohol on the premises. According to the city attorney that is a matter of city policy, not law. The Senior Center would like the city council's permission to delete that prohibition because on occasion the members make wine, which is served at their meals. The city attorney states that "dram shop" laws don't apply to the city in this situation. OPTIONS: 1. Amend the lease agreement to remove the prohibition against alcohol, then approve the agreement. 2. Approve the lease agreement as written. 3. Return the lease agreement to staff for further revision. RECOMMENDATION: 1. Amend the lease agreement to remove the prohibition against alcohol, then approve the agreement. • LEASE AGREEMENT Between CITY OF LINO LAKES AND LINO LAKES SENIOR CENTER PARTIES THIS LEASE, made and executed this day of , 2000, by and between the City of Lino Lakes, hereinafter called the Lessor, and the Lino Lakes Senior Center, a Minnesota non - profit corporation, hereinafter called the Lessee. DESCRIPTION OF PREMISES WITNESSETH: That in consideration of the payment of rent and the keeping and performance of the terms and conditions herein by Lessee, Lessor does hereby lease and demise unto Lessee, the premises described as: An area of approximately 3,010 square feet on the west end of the Lino Lakes Public Works building located at 1189 Main Street, Lino Lakes, Minnesota, as outlined in red on the attached Exhibit A. . TERM TO HAVE AND HOLD the premises for a term beginning on February 1, 2000, and ending on January 31, 2001, on a year -to -year basis thereafter. • RENT USE Lessee shall pay rent for the premises in the yearly amount of $1.00. Lessor agrees to pay all utility charges for heat, electricity, water and sewer. Lessee shall have the right to schedule the use of the premises, in accordance with the "General Rules" attached as Exhibit B. MAINTENANCE Lessor shall, at its expense, make all necessary structural repairs to the buildings and pertinent facilities. Lessee shall make no alterations to the premises without the written consent of the Lessor. INDEMNIFICATION INSURANCE Lessee shall hold Lessor harmless from and indemnify Lessor against any and all liability, damage, loss and expense arising or resulting from the acts or omission of or caused by the Lessee or Lessee's employees, agents, guests, assigns, visitors or licensees in, upon or about the demised premises, the building or adjacent areas, including all common areas or arising out of or related to the use and occupancy of the demised premises or the business activity conducted with respect thereto, including interested persons and property. In order to protect itself and to protect the Landlord under the indemnity provisions set forth above, Lessee shall, at Lessee's expense, procure and maintain a general liability, single or combined limit, occurrence/base comprehensive general liability insurance policy with such endorsements and such amounts as deemed acceptable to the Landlord. Prior to or concurrent with the execution of this Lease, Lessee shall file certificates or copies of such policy of insurance with the Landlord. TERMINATION This Lease may be terminated by either the Lessor or the Lessee with or without cause, upon sixty days written notice directed to the other party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be validly executed in their respective names, as of the day and year first written above. LESSORS: LESSEES: City of Lino Lakes Lino Lakes Senior Center By: By: Its: Mayor Its: By: By: Its: City Clerk Its: • EXHIBIT A PUBLIC WORKS BUILDING 1189 Main Street Entrance Public Works Offices Rest Rooms Parking Lot Senior Center Area 1/28/00 RD/Public Works /Senior Center Map EXIB IT B GUIDELINES FOR USERS OF THE LINO LAKES SENIOR CENTER RESERVATIONS Contact Person: Reservations are made at the discretion of the Senior Center Coordinator. Priority of Use: Inasmuch as the Senior Center is a City -owned building, it is not available for use by for - profit groups or activities. Requests will be prioritized as follows: Senior Center activities Service groups made up of Lino Lakes residents or business owners Other non - profit groups (including churches) Note: Church groups requesting ongoing use of the facility are required to obtain a Conditional Use Permit from the City of Lino Lakes. If city ordinances require permits for other uses, it is the responsibility of the user group to obtain them. FEES Rental Fees: The Senior Center does not charge rental fees. However, donations made be made to the Lino Lakes Senior Center. Damage Deposit: A refundable damage deposit of $50.00 may be charged, at the discretion of the Senior Center Coordinator. The deposit will be refunded after the room has been inspected and its condition approved by the Senior Center Coordinator. Any damage to the room or adjoining restrooms will be assessed against the damage deposit. Key Deposit: If a key is required to access the room, a refundable key deposit of $25 may be charged, at the discretion of the Senior Center Coordinator. Keys may be obtained from the Senior Coordinator. In the event a key is not returned, or the building is not properly locked after use, the deposit will be forfeited. • • • • LIABILITY Users shall agree to absolve the Lino Lakes Senior Center and the City of Lino Lakes from all liability claims in the event of an accident of injury while using the meeting rooms. Groups using the facility on an ongoing basis may be required to provide proof of separate liability insurance coverage, at the discretion of the Senior Center Coordinator. ROOM USE General: Users shall comply with all city ordinances, state statutes, federal laws and the established rules which apply to authorized use of the facility. Activities: No for - profit activities may take place on the premises. Damages: Users will pay for all damages over and above normal use. Responsibility: User's representative shall assume full responsibility for the conduct of the group during the scheduled meeting time. • Children: Children must be under the direct supervision of a responsible adult at all times, inside and outside the building. Space: Users should use only the space approved for their use. Room Set -up: Although users may rearrange the room during their meetings, the room should be returned to the same arrangement it was in before the meeting began. Items may not be attached to walls or ceilings. Candles are prohibited. Food: Food may not be prepared on premises without written permission of the Senior Center Coordinator. If food is brought in, all remains must be cleaned up and placed in the waste receptacles. Spills should be cleaned up as quickly as possible. Alcohol: No alcoholic beverages may be brought into, served or consumed on the premises. • Smoking: The Lino Lakes Senior Center is a smoke -free building. Gambling: Gambling is prohibited. Telephone: A telephone is available for local, outgoing calls only. Bathrooms: Users will be responsible for plumbing costs of problems resulting from misuse of the adjoining restrooms. Signage: User groups may use portable signage to publicize their meetings for a period extending one hour before the meeting starts to one hour after the meeting ends. Parking Lots: City parking lots are not plowed on weekends and holidays. Security: Users are responsible for making sure the building is properly locked at the end of their meetings and will be responsible for any damage that occurs to the facility as a result of failing to do so. • • AGENDA ITEM 3C STAFF ORIGINATOR: Ry -Chel Gaustad, CMC City Clerk MEETING DATE: February 28, 2000 TOPIC: Circle -Lex VFW to Spend Gambling Funds VOTE REQUIRED: Simple Majority (3/4 Vote) BACKGROUND: The Circle -Lex VFW has submitted a request to spend gambling funds. For the past 7 years the Circle -Lex VFW has donated $300 per /mo. to the City's Park and Recreation Division. The funds are used to provide supplies for playgrounds, playground equipment, and the like. OPTIONS: 1. Approve Request to Spend Gambling Funds 2. Deny Request to Spend Gambling Funds RECOMMENDATION: Staff recommendation is option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 00-23 A RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW, POST NO. 6583 WHEREAS, the Lino Lakes City Council has established the Dedicated Parks Fund to receive all donations from developers and other interested citizens and organizations, and WHEREAS, the Dedicated Parks Fund is used to fund park development and park land acquisition, and WHEREAS, the Circle -Lex VFW, Post 6583 has donated $3300 throughout 1999 to be used for park development, and WHEREAS, the monies will be appropriated to the dedicated park fund in the following manner: Increase Revenue — Contributions $3,600.00 Increase Expenditures: Dedicated park Funds $3,600.00 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Lino Lakes hereby accepts the donation of $3,600.00 for the dedication Parks fund and wishes to express its sincere gratitude and appreciation to the Circle -Lex VFW, Post 6583 for its donation. Adopted by the Lino Lakes City Council on this 28th day of February 2000. John Bergeson, Mayor Ry -Chel Gaustad, CMC Clerk- Treasurer RESOLUTION NO. 00-23 Page -2- • • 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 voted against same: Whereupon said resolution was declared duly passed and adopted. PI LG503 mecimeol • Minnesota Lawful Gambling Request by a Government to Spend Gambling Funds • `lime t b.tritatto. Name of Government Requesting Funds City of Lino Lakes Phone Number (651) 982 -2400 Address 600 Town Center Parkway City State Lino Lakes MN Zip Code 55014 Check type of government making request: 1 1 1 1 City ( County Township State of Minnesota, Department of United States, Department of Other Governmental Entity - specify School District No. of , Division of Division of .. <. .v<!• <t: ^••..: Vi:!!;:<..: i!!! <:;!!p!..:i:....:>!i.'!:.:. /,.- ::{4 ?v;<SYY.:: iii!!V ••: % :x< 4:. a CtTti.2 TL. 11.. rmaz� �r License Number e,e;c' -Oe)1 Zip code Sro1 Organization Phone Number Cu:1CLE- -1-Ex jif tJ 6553 (60 ) 75 r3t3 Address City State '7 ` Lir /(f 17 r VE 1-iNo /-- I MS ues e a••ve -named government requests la u gam • ing pro its or t e o lowing purpose: (explain expenditure - attach additional sheets if necessary. Amount regt,ested By completing and-signing this form, the government's agent confirms that the requested funds will be spent for a lawful purpose. This request expires one year from the date below and may be renewed at the request of the local governing body. g re of government agent Print 3-e,ck_ lei IA Date - `9, Use of Form: 1. If an organization wishes to contribute gambling funds to a goveming body, the governing body must complete this form. 41K. Approval of the Gambtlna Control Board Is not reaulred, . The form should be kept on file by the licensed organization. 4. Attach a copy of this 10r 11 • • • 1;a• ;•••ig • 1; 11 • I 1 1 • 1 1 1: L 1•• • -•; 1 c • • • AGENDA ITEM 3D STAFF ORIGINATOR: Ry -Chel Gaustad, CMC City Clerk MEETING DATE: February 28, 2000 TOPIC: Resolution 00- 22 Renewal Premises Permit Application for VFW Post 6583 Lino Lakes. VOTE REQUIRED: Simple Majority (3/4 Vote) BACKGROUND: The City received a Premises Permit Renewal Application for the VFW Post 6583 of Lino Lakes. The Post would like to continue participating in gambling activity at 7868 Lake Drive. The Police Department is conducting a criminal history check on Dean Johnson and DelMar Jordahl who are the authorized representatives from the VFW. It is staffs understanding that the City has not experienced any difficulty with this organization acquiring a gambling permit. This application should not be confused with the VFW Post 6583 Ladies Auxiliary request, which the City Council approved during the January 10, 2000 Council Meeting. OPTIONS: 1. Approve Resolution 00 -22 2. Deny Resolution 00 -22 RECOMMENDATION: Staff recommendation is to approve Resolution 00 -22 Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 00 — 22 PREMISES PERMIT RENEWAL APPLICATION FOR LAWFUL GAMBLNG AT THE VFW POST 6583 OF LINO LAKES. WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of February 28, 2000, and WHEREAS, the Lino Lakes City Council discussed lawful gambling at the VFW Post 6583 to conduct gambling at 7868 Lake Drive, Lino Lakes, and WHEREAS, the City of Lino Lakes has conducted an investigation of the VFW Post 6583; and • WHEREAS, the VFW Post 6583 is in compliance with City Ordinance; and WHEREAS, the VFW Post 6583 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 Renewal Premises Permit Application for the VFW Post 6583 of Lino Lakes Adopted by the Lino Lakes City Council this 28th day of February 2000. Ry -Chel Gaustad, CMC City Clerk John J. Bergeson, Mayor 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 voted against the same: Whereupon said resolution was declared duly passed and adopted. State of Minnesota Gambling Control Board Premises Permit Renewal Application LG214PPR Printed: 12/8/1999 For Board Use Only Amt. Pd Check # Date License Number: A- 00003 -001 Effective Date: 5/1/1998 Expiration Date: 4/30/2000 Name of Organization: VFW Post 6583 Lino Lakes Gambling Premises Information Name of the establishment where gambling will be conducted VFW Post 6583 7868 Lake Dr Lino Lakes, MN 55014 County: Anoka Note: Our records show the premises is located within the city limits Lessor Information Note: Our records indicate that the organization owns this premises Bingo Activity Our records indicate that Bingo is not conducted on these premises. ';q5 J *M- p7J vx Firstar 7984 Lake Dr Lino Lakes, MN 550142138 Storage Information �I v hk�51,n1 t.�N cc(' pi Bank Information Gambling Bank Account Number: 3000225 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title V kN 4/1/5ofl' q 702 -1 c ' /f-tir NE cifCL6 FiA, -E5 Wit. C 5c ,0041-A ,pirp/ii I- 11172 i , prodir oi. ✓P .4, 0 , 5.0.7 -.. r455 OifliE l...n4lM 67441044,e- ,cr► G -K, (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) t • • AGENDA ITEM 3E STAFF ORIGINATOR: Ry -Chel Gaustad, CMC City Clerk MEETING DATE: February 28, 2000 TOPIC: Resolution 00- 21 Renewal Premises Permit Application for Minnesota/USA Wrestling, Inc. VOTE REQUIRED: Simple Majority (3/4 Vote) BACKGROUND: Minnesota/USA Wrestling, Inc. submitted its annual permit application to conduct gambling activity at The 49 Club, 6007 Hodgson Road. The Police Department is conducting a criminal history check on the Chief Executive Officer, William Hinchley. It is staffs understanding that the City has not experienced any difficulty with this organization acquiring a gambling permit. OPTIONS: 1. Approve Resolution 00 -21 2. Deny Resolution 00 -21 RECOMMENDATION: Staff recommendation is to approve Resolution 00 -21 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 00 — 21 PREMISES PERMIT RENEWAL APPLICATION FOR LAWFUL GAMBLNG FOR MINNESOTA/USA WRESTLING, INC AT THE 49 CLUB OF LINO LAKES. WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of February 28, 2000, and WHEREAS, the Lino Lakes City Council discussed lawful gambling at the 49 Club for Minnesota/USA Wrestling, Inc to conduct gambling at 6007 Hodgson Road; and WHEREAS, the City of Lino Lakes has conducted an investigation of Minnesota/USA Wrestling; and • WHEREAS, the Minnesota/USA Wrestling, Inc. and the 49 Club are in compliance with City Ordinance; and WHEREAS, the Minnesota/USA Wrestling, Inc and the 49 Club appear 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 Renewal Premises Permit Application for Minnesota/USA Wrestling, Inc. at the 49 Club of Lino Lakes. Adopted by the Lino Lakes City Council this 28th day of February 2000. Ry -Chel Gaustad, CMC City Clerk John J. Bergeson, Mayor 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 voted against the same: • Whereupon said resolution was declared duly passed and adopted. 410 Minnesota Lawful Gambling Premises Permit Application - LG214 • • FOR BOARD USE ONLY Base # Check # PP # Initials Fee Date Class of Permit Check one: n Class A - $400 Pull -tabs, tipboards, paddlewheels, raffles, bingo Class B - $250 Pull -tabs, tipboards, paddlewheels, raffles ❑ Class C - $200 Bingo only OR bingo and pull -tabs when total gross receipts do not exceed $50,000 per year n Class D - $150 Raffles only Page 1 of 3 1/99 Organization Information Organization name (as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service) M ihheSo -'G 7 u,SK4 Mr -es-fl )) I c Name of chief executive officer (cannot be you rambling manager) W� I1ic i. 1-11- tic I� y Base license number Daytime phone number (ooJ ) $S`1.7yCy X 6'i 4 I Gambling Premises Information Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) 7e 99 C(I 6001 /404550K 'Rd City & county where gambling premises is located —OR— 1 -1hoL.c,Kes 11 -nokc, Township & county where gambling premises is located if outside city limits 1 Is the premises located within city limits ?Yes 0,5 No ❑ If No, is township: ❑ Organized E Unorganized ❑ Unincorporated Does your organization own the building where the gambling will be conducted? _ Yes .7)‘. No If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly defined A lease and sketch are not required for class D applications. Name of legal owner of premises Address City State /Zip NGfliefBrod- ir,erS (nc a1 14o4 t Rd LrNo Las P N 55o/ / Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product is stored. Do not usea P.O. box number. (Attach an additional sheet if necessary.) Address City State/Zip o0.1 140dc Sof 1oc1d L I`►io Lc, I<J2 s YYl ry SSOi Lt 3321 Hehheoly Au t. S, Whois hiN SS�1vk So m S�oS S. Cedar ii� �� � L ��S r c. ! Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651 - 639 -4000. This form will be made available in altemative format (i.e. large print, Braille) upon request. - - - -- FEB 009 ' 00 15: 05 JOb I tnti HK 07r 05/2030 10:36 612132210300 Premises Permit Applle3tiOn - LG214 Bing Occasions - for Class A or C Permits No If applying to • - a A or C permit, enter days and beginning /ending hours of bingo o.castons (indicate A. more than ten bingo a .ns may be conducted per week. An Occasion must beet least on - ' - ,atf hcuur . not to exceed four hours. PaY { MN USA WRESTLING . 1- Ppge 2 of 3 1199 Gambling Bank AccoUnt Information Bank name Bank address Bank account number" • (-7 o;,a. so?. 02 3 3 0 r —"" City State/Zip co • I • I • 5541 M. to ". New orgerezations: The account number may be obtain = ► and submitted to the Gambling Control 6o • ten days'after you receive your premises permit "' "H a r : u•..;fr: GErns>aiflaagmen r+diaim 0[tt site authorization thereby consent that local law enforcement officers, the board or agents of the board, or the cornrnissicner of revenue or public safety or age's of the commissioners. may enter the premises to enter= the taw Sank records inearmgtton The board is authorised to inspect the bank records of the gambling account whenever necessary to fulfil requirements of current gambling rules and taw. Orgartleettan license authorisation t hereby authorize the Gambling Control Board to modify trite class$ of organization lcense to be consistent with the class of permit being applied for. ' -1 FMS ICJ, mit f. S 'atlg j . 5s- 37 tone 440 • Oath „y: declare tat: ' '.. , • ° , 1. i have read this applicat ion and aliirrioiratiors rimed to the board is true, accurate, and cOrnplete; 2. all other required inforiration has been fatly d closcdi 3. i am the chief executive officer of the orgatli tion; lawful 4. 1 assume full responsibility for the fair operation of all activities to be conducted; 6. 1 wi11 familiarize myself with the taws of nnesota governing lawful gambling and rules or the b rd and agree, if licensed, to abide by those laws rules, including amendments to them: 6. arty changes Inappficetioninforrnationwiltbe bmitted to the board and local unit of government ''thin test' days of the change, and 7. I understand that failure to provide required i rmation or providing false or misleading information ay result in the dental or revocation of the license. lef *seals* officer fPesignes ay not sign) - ' , . • "s' Date Premises Permit Application - LG214 Page 3 of 3 1/99 Local Unit of Government Acknowledgment and Approval If the,gambling premises is within city limits, the city must sign this application and provide a resolution. On behalf of the city, 1 hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Lino LGk€s Print name of city Signature of city personnel receiving application Title Date / / slfthegambling premises is located in a township, both the county and township must sign this application. 3The county must provide a resolution z.. For the township: On behalf of the township, acknowledge that the organization is applying to conduct lawful 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 / / For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application Title Date / / 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, and to assist the Board in conducting a background investigation of you. 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 premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disclosure of your Social Security number. If so, your Social Security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your Social Security number is found at 42 U.S.C. 405 (c)(i). Your 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 premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your Social Security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your 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. • Premises Permit Application - LG214, Instructions 1/99 • Attachments 1. Lease and sketch. If the gambling premises is leased, attach a copy of: • the appropriate lawful gambling lease form, and • the sketch of all leased areas with dimensions and square footage clearly defined. • Lease forms: LG221 - Lease for pull -tab, paddlewheels, tipboard, and /or raffle activity. LG222 - Lease for bingo activity. LG223 - Lease for pull -tab dispensing device activity. 2. Permit Fee. For each premises permit application, attach a separate check, payable to the State of Minnesota, for the appropriate permit fee: Class A - $400 Class B - $250 Class C - $200 Class D - $150 3. Resolution of Approval. • The premises permit application must be approved by the local unit of government (city or county). Attach a copy of the resolution which shows approval of your application. • If the local unit of govemment denies your application, do not submit the application to the Gambling Control Board. Where to mail your application Mail your completed application with the attachments to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Processing Allow ten weeks for processing the application. Your organization's chief executive officer will be contacted in writing regarding any missing information. Term of permit The expiration date of a premises permit is the same as the expiration date of your organization's license. Local ordinances Check with the local unit of govemment (city or county) regarding local ordinances, if any, that apply to lawful gambling. Local ordinances may be more restrictive than statute or rule. • Minnesota Lawful Gambling Lease for Pull -Tab, Paddlewheel, Ti board and/or Raffle Activity - L Name of Legal Owner of Premises Street Address City Zip Ak-fh- 2ro111?Xs, Inc 6001 /1 4 S o& 7 2 d Z-#'.11-6 L a .s SS°j Li Daytime Phone ( C SI ) `/$ Y - /US Name of Lessor Street Address City Zip (If same as legal owner, write in "SAME ") SGvOe Daytime Phone ( ) Name of Leased Premises Street Address City Zip -Mt Lic CIt410 6007 H0d5sarl Rd L,hoLAke3 SSoiy Daytime Phone (6s/ )Y8y -9985 Daytime Phone (6/a )3aa, -aa52 Name of Lessee (name of organization leasing the premises) GCB license no. of organization r(ivW tSo1c /USIA kiresflIhc, )IMc O3071 -1 Rent Information • Total rent cannot exceed $1,000 per month for all non -bingo activity for this premises. • For bingo activity, use lease form LG222. • For pull -tab dispensing machines, use lease form LG223. • An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ / U 0 U cr-u (lino rent is to be paid, indicate -0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions / c� The leased areas are: tD feet by D feet for a total of Li or Premises Permit Renewal Applications 0 6#6010411444,41-r4617 cb#he site, you'da n� t 6 rye�i� v4 Nz d �5M' N • cam let 'trhts secflan or prorride a sketch. Agonnowashoi, Storage Storage feet by feet for a total of feet by feet for a total of feet by feet for a total of feet by feet for a total of Combined total square feet. square feet. square feet. square feet. square feet. square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. X Paddlewheels l` Pull -Tabs X Raffles X Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occur- ring during the term of the current premises permit, write in the date that the changes will be effective / / . Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639 - 4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to 651 -639 -4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 1/99 Lease for Pull -Tab, Paddlewheel, Tipboard, and /or Raffle Activity - LG221 LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules,'part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling - related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. ACCESS TO PERMITTED PREMISES State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall . be maintained fora period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) See ex11;10 4 This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling ontrol Board ten da s prior to the effective date of the change. Signature ofLessor Print Name and Title of Lessor Date Signature of Organization Official (Lessee) Date DaV1 Chatnd`e.— 66vn Li t'1,5 Print Name and Title of Lessee Page 2 of 2 1/99 • EXHIBIT A LEASE ADDENDUM 49 CLUB RENT $1000 /month JANITORIAL $300 /month RUBBISH REMOVAL $350 /month UTILITIES state formula (gsf /sf x gh /rh = percentage) ALARM /SECURITY 50% of installation /cost and $250 per quarter 111 We will install a new sales booth designed to match the decor of the 49 CLUB. We will conduct weekly paddlewheel games for meat and other merchandise requested by your clientele. ( L—CLO—L o2 — 6 — crz--) • • • • AGENDA ITEM 3F Staff Originator: Linda Waite Smith Meeting Date: February 28, 2000 Council Meeting Topic: Reallocate Community Development Block Grant Funds Background: On February 14, the council approved the allocation of $34,492 in CDBG funds for the 2000 -2001 grant year. The allocation was: $1,000 for administrative expenses; $16,000 for city planning projects; and $18,492 for agencies providing services to city residents. On February 22, we were informed by Anoka County that cities in the county had exceeded the 15% overall limitation on allocations to non - profit agencies. As a result, several cities, including Lino Lakes, are required to reallocate their CDBG funds. Lino Lakes' allocation to non - profit agencies cannot exceed $5,173.80. Setting aside $1,000 for administrative expenses, that leaves an additional $12,318 to reallocate to city programs that are eligible for CDBG funding. Staff has prepared the attached recommendation to comply with the County's requirements. Options: 1. Approve the staff recommendation as presented. 2. Amend the staff recommendation and approve the amended recommendation. 3. Decline to allocate the available CDBG funds. Recommendation: Attached • • • CITY OF LINO LAKES 2000 -2001 CDBG FUNDING Revised 2/25/00 Agency Request for 2000 -2001 Staff Recommends Council Approves Alexandra House $4,500 $2,500 ACCAP $6,132 - ARC $1,000 - CEAP $1,500 - Forest Lake Area Youth Bur $5,000 $2,573 Meals on Wheels $4,094 - Resource Ctr for Fathers $1,000 - Rise $2,000 - Non-profit grants $5,173 $5,173 City Program: 1 Septic System Ordinance $4,000 $4,000 $4,000 City Program: 2 Native Planting $5,000 $5,000 $5,000 City Program: 3 Preservation Development $6,000 $6,000 $6,000 City Program:4 ADA Park Improvements - $12,318 City Programs $28,318 $28,318 Admin. $1,000 $1,000 Total $34,492 $34,492 1. City is currently using Anoka County's ordinance. Staff will be asking council to reconsider adopting a city ordinance. 2. City has encouraged native plantings. Now there is a need to develop effective guidelines for maintaining native plantings and a plan to coordinate public and private efforts to establish native plantings. 3. Research on how to accomplish preservation development is ongoing. Additional funds will support development of a project review process and incorporation of that process into existing city ordinances. 4. Various improvements will make parks and trails more accessible to persons with disabilities. AGENDA ITEM 4B STAFF ORIGINATOR DAVID PECCHIA, PUBLIC SAFETY DIRECTOR /CHIEF OF POLICE DATE TOPIC FEBRUARY 28, 2000 CONSIDERATION OF 1999 DEPARTMENT OF PUBLIC SAFETY ANNUAL REPORT VOTES REQUIRED: SIMPLE MAJORITY BACKGROUND The Department of Public Safety would like to present their annual report to the City Council and community at the City Council meeting on February 28, 2000. The report would include both police and building inspections. OPTIONS 1. Accept the Department of Public Safety 1999 Annual report as presented. 2. Return to staff for further information. RECOMMENDATION Option No. 1 • AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: February 28, 2000 TOPIC: Consideration of Resolution 00 -19, Adopting 2000 Water and Sewer Budgets VOTE REQUIRED: Simple Majority BACKGROUND: Attached are the proposed 2000 budgets for the water operating fund and the sewer operating fund. The water operating fund reflects an expenditure increase of 9.4 %. This is due primarily to the increase of maintenance supplies and chemical price increases. The sewer operating fund reflects an expenditure increase of .45 %. III The City Engineer is preparing a utility rate study that will establish the water and sewer rates for the three year period 2000 — 2002. Staff doesn't anticipate any significant changes to the current rates. For purposes of the preparation of the rate study, general assumptions will be used with respect to the rate of growth through 2002. The rate study is expected to be presented to the City Council at a work session in April. OPTIONS: 1. Approve Resolution 00 -19. 2. Do not approve Resolution 00 -19. 3. Return to staff for further review. RECOM MENDATION: Option 1 2/23/00 RD /Corr /Council /greensheet/2000 utility budget • Council member introduced the following resolution and move its adoption: • CITY OF LINO LAKES RESOLUTION NO. 00 -19 RESOLUTION ADOPTING THE 2000 WATER AND SEWER BUDGETS WHEREAS, Effective with bills rendered after January 1, 2000 the projected revenue generated by the current fee schedule is sufficient to fund the 2000 Water and Sewer budgets established by the Public Services Department and should be adopted through resolution. NOW THEREFORE BE IT RESOLVED, that the following Water and Sewer Budgets be adopted for 2000. 2000 Water Fund Budget 2000 Sewer Fund Budget Operating Revenues $520,000 $703,000 Transfers $301,709 $ -0- Total Revenues & Transfers $821,709 $703,000 Operating Expenses Personal Services $105,268 $106,537 Supplies $ 52,000 $ 10,000 Other Services $ 70,610 $ 78,360 Contractual Services $ 75,000 $395,000 Capital Outlay $ 60,000 $ 20,000 Total Operating Expenses $362,878 $609,897 Debt Service 92B Bond Payment 96B Bond Payment Total Debt Service $114,243 $301,709 $415,952 Total Operating Expenses & Debt Service $778,830 $609,897 Revenues & Transfers over /(under) Expenses & Debt Service $ 42,879 $ 93,103 • • • Adopted by the City Council of Lino Lakes this 28th day of February, 2000. John Bergeson- Mayor Ry -Chel Gaustad, CMC City Clerk The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said resolution was declared duly passed and adopted: 1 • • • SUMMARY WATER OPERATING FUND FUND 601 Actual Account Actual Actual 12/31/99 1999 2000 Increase/ Description 12/31/97 12/31/98 (Unaudited) Adopted Proposed Decrease Revenues Operating Revenues 521,774 598,006 599,918 500,000 520,000 4.00% Transfers 0 0 49,366 312,034 301,709 -3.31% Total Operating Revenues & Transfers 521,774 598,006 649,284 812,034 821,709 1.19% Expenses Personal Services 75,257 87,736 112,872 105,452 105,268 -0.17% Supplies 36,882 43,229 48,792 39,000 52,000 33.33% Other Services and Charges 76,748 71,851 87,728 61,560 70,610 14.70% Contractual Services 24,813 4,979 21,066 92,000 75,000 - 18.48% Capital Outlay 53,912 30,072 75,317 33,250 60,000 80.45% Total Water Operating Expenses 267,612 237,866 345,775 331,262 362,878 9.54% Debt Service 92 B Bond Payment 108,924 111,071 109,570 108,360 114,243 5.43% 96B Bond Payment 171,500 254,105 315,965 312,034 301,709 -3.31% Total Debt Service 280,424 365,176 425,535 420,394 415,952 -1.06% Operating Transfers Total Operating Expenses, Debt Payments & Operating Transfers Revenues over /(under) Expenses & Operating Transfers 0 90,000 0 0 0 548,036 693,042 771,310 751,656 778,830 3.62% (26,262) (95,036) (122,026) 60,378 42,879 - 28.98% Note Depreciation Expense not Budgeted Depreciation- Purchased 26,527 43,443 43,443 * 43,443 * 43443 * Depreciation - Contributed 137,569 126,168 126,168 * 126,168 * 126168 ' Net Income * Estimated (190,358) (264,647) (291,637) (109,233) (126,732) • • SUMMARY WATER OPERATING FUND FUND 601 Actual Account Actual Actual 12/31/99 1999 2000 Increase/ Description 12/31/97 12/31/98 (Unaudited) Adopted Proposed Decrease Revenues Operating Revenues 521,774 598,006 599,918 500,000 520,000 4.00% Transfers 0 0 49,366 312,034 301,709 - 3.31% Total Operating Revenues & Transfers 521,774 598,006 649,284 812,034 821,709 1.19% Expenses Personal Services 75,257 87,736 112,872 105,452 105,268 -0.17% Supplies 36,882 43,229 48,792 39,000 52,000 33.33% Other Services and Charges 76,748 71,851 87,728 61,560 70,610 14.70% Contractual Services 24,813 4,979 21,066 92,000 75,000 - 18.48% Capital Outlay 53,912 30,072 75,317 33,250 60,000 80.45% Total Water Operating Expenses 267,612 237,866 345,775 331,262 362,878 9.54% Debt Service 92 B Bond Payment 108,924 111,071 109,570 108,360 114,243 5.43% 96B Bond Payment 171,500 254,105 315,965 312,034 301,709 -3.31% Total Debt Service 280,424 365,176 425,535 420,394 415,952 - 1.06% Operating Transfers Total Operating Expenses, Debt Payments & Operating Transfers Revenues over /(under) Expenses & Operating Transfers 0 90,000 0 0 0 548,036 693,042 771,310 751,656 778,830 3.62% (26,262) (95,036) (122,026) 60,378 42,879 - 28.98% Note Depreciation Expense not Budgeted Depreciation- Purchased 26,527 43,443 43,443 * 43,443 * 43443 Depreciation - Contributed 137,569 126,168 126,168 * 126,168 * 126168 * Net Income (190,358) (264,647) (291,637) (109,233) (126,732) * Estimated • • AGENDA ITEM NO. 5B STAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: February 28, 2000 TOPIC: Consideration of Approving Antenna Lease Agreement — APT Minneapolis (Mericom /Aerial) Vote Required: Simple Majority BACKGROUND: APT Minneapolis has discussed with staff the installation of antenna facilities on the city's existing water storage tank near the correctional facility. The attached proposed agreement between APT Minneapolis and the city has been reviewed and approved by the city attorney, staff, and APT Minneapolis officials. Staff is requesting council approval of the antenna lease agreement. APT Minneapolis is proposing to lease space for the installation of three sectors of up to four panel antennas each on the city's water tower at an annual rate of $13,891.50. The amount will increase annually by the greater of five percent or the consumer price index. The rental rate coincides with the existing tenants on the water towers. The agreement is for five years with the opportunity for five additional five -year renewal periods. The associated cabinets will be installed inside the tower base on a platform approximately 10' x 12'. The lease agreement prioritizes users on the storage tank such that the city and public safety agencies are a higher priority. This allows higher priority users to use the water tower in the future if interference occurs. Since the water tower is adjacent to the correctional facility, the lease agreement requires that APT Minneapolis personnel and their subcontractors contact prison officials prior to obtaining access to the site. The necessary language to indemnify and hold harmless the city on all claims due to APT Minneapolis operation, installation, or maintenance of their facilities has been included and reviewed by the city attorney. OPTIONS: 1. Return to staff for further review. 2. Adopt a motion approving the antenna lease agreement with APT Minneapolis and to authorize and direct the Mayor and City Clerk to sign said agreement subject to proper insurance documentation and submittal from Pitt -Des Moines that installation of the proposed antennas will not affect the tower's structural integrity and warranty. RECOMMENDATION: Option 2. 2/23/00 RD /Utilities/Water Tower Antenna /Greensheet Mericom /Aerial SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this day of , 2000, between the City of Lino Lakes, ( "Landlord "), and APT Minneapolis, Inc., a Delaware corporation ( "Tenant ") For good and valuable consideration the parties agree as follows: 1. Leased premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, located at 7470 4th. Avenue, Lino Lakes, County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto ( "The Property ") subject to any and all existing easements, and a portion of the Lino Lakes Water Tower or other structure ( "Structure "), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables. and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of Public Works, together with appurtenant easements and access rights ( "Leased Premises "). 2. Rent. (a) Amount. Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent In the amount of thirteen thousand eight hundred and ninety -one and 50/100 dollars ($13,891.50) for the initial year, which shall be increased each year on January 1, by the greater of: (a) five percent (5 %) of the previous year's annualized rental, or (b) by an amount equal to the Increase in the Consumer Price Index "CPI "). The CPI shall mean the "Consumer Price Index - for All Urban Consumers, All Cities, All Items (1984 = 100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental Increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage shall be multiplied by the previous year's rent (annualized for the first year, see Section 4 below). (b) Time of Payment. Taxes. Landlord shall communicate all rental Increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be payable in advance, in twelve (12) equal amounts of one - twelvth (1/12) of the annual rental amount each, beginning on the Commencement Date prorated for the remainder of the month in which the • • Commencement Date falls and for the following month, and thereafter rental will be payable monthly in advance by the fifth (5th.) business day of each month for the following month. If theTenant does not meet the requirements, referenced in subparagraph 3(a) below by June 1, 2000, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro -rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study including an intermodulation (IM) interference evaluation and a side band noise interference evaluation carried out by an independent and qualified professional engineer selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for Interference that cannot be reasonably remedied or for prejudice to the Structure Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in Its sole discretion, will be unable to use the Leased Premises for Its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13(d) below, upon such • • termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date ") and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for five (5) additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non - renewal to Landlord no later than 90 days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 20 of this Lease. 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenants use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies which are used by the Landlord for the general welfare of its residents, including, but not limited to, law enforcement, fire and ambulance services, and public works; 3. Government - regulated entitles and other governmental agencies not related to public safety whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. Within this category the Tenant with the earlier effective date of a continuous Site Lease Agreement shall have priority. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord- approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant shall submit all plans and specifications for its Antenna Facilities to the Landlord for approval, which approval shall not be unreasonably withheld or delayed. This use shall be non - exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord- approved location, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Antenna Facilities "). Tenant shall comply with all • applicable ordinances, statutes and regulations of local, state and federal government agencies. Tenant shall not sublease site facility without proper approval of Landlord. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, It must first pay for an evaluation carried out by a qualified professional engineer, retained by Landlord demonstrating that (i) each additional antenna will not Interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas; such consent will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas based on the rent currently being paid for each existing antenna at similar capacity. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord. which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant. (e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. It Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) Replacements. Before the Tenant may update or replace the Antenna Facilities shown on Exhibit B, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. • • • (g) Drawings. Tenant shall provide Landlord with as -built drawings for the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not Interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant acknowledges that site is located adjacent to the Lino Lakes Correctional Facility and tenant shall notify Correctional Facility officials prior to access to site. Tenant shall request access to the Structure twenty -four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with Its use of the Leased Premises and shall promptly pay all costs associated therewith. Those costs will include installation of separate meter and hook -up charges. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. • • 8. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant, will not interfere with or disrupt Tenant's use of the Leased Premises and will not compromise the structural integrity of Tenant's building. 9. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease which arise from the use occupancy of the Leased Premises by Tenant, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents and employees harmless from and against any and all claims costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be Interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined In any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenant's Warranty Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty four (24) hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 9 shall survive the expiration or other termination of this Lease. (d) Landlord's Warranty. Landlord represents, warrants and agrees (1) that • neither Landlord nor, to Landlord's knowledge, any third party has used, • • • generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Materials on, under about or within the Land in violation of any law or regulation, and (2) that Landlord will not and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Landlord agrees to defend, indemnify and hold harmless Tenant and Its partners, affiliates, agents and employees against any and all losses, liabilities, claims and /or costs (Including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. This paragraph shall survive the termination of this Agreement. 10. Insurance. (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not Tess than $500,000 Bodily injury each accident, $600,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form commercial general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form, contractual, independent contractors, and product/completed operations. The Tenant must maintain aforementioned commercial general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising Injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are not less than the underlying commercial general liability coverage. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella Excess Policy are not less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. • The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverage. 1 (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by 25 %. (f) Additional Insured Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business In the state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. 11. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 12. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and /or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes • • • unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord upon twelve months prior written notice to Tenant, if its Council decides, for any reason, to discontinue use of the Structure for all purposes; (v) by Landlord if it determines, based on a report by an independent, professional structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subparagraph 6(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if It determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination, The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have sixty (60) days from the termination or expiration date to its Antenna Facilities, and related equipment from the Leased Premises, repair and restore the surface of the Structure. If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to Tenant informing Tenant that Antenna Facilities or related property have been removed and will be deemed abandoned if not • • claimed and the storage not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, Toss of business or profit related damages to Tenant. 14. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and /or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the Immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 15. Tenant Interference. (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than(3) three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the Immediate right to terminate this Lease. (b) With Higher Priority Users. If Tenants Antenna Facilities cause impermissible Interference with higher priority users as set forth under Subparagraph 6(a) above or with pre- existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty -eight (48) hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except • 1 intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ( "Leased Premises Area "), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 16. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except (i) to Tenant's parents, affiliates or subsidiaries, (ii) to any successor in Interest of all or substantially all of the assets, stock or business of Tenant to which this Agreement pertains, (iii) to any other entity to which Tenant transfers ownership of, and /or management responsibility for, a majority of its antenna support tower in the market in which the facility is located, or (iv) to any partnership or entity resulting from that certain VoiceStream Agreement between Aerial Communications, Inc. and VoiceStream, which assignment or transfer shall fully release Tenant from any further obligations or liability under the terms of this Agreement commencing on the effective date of the assignment or transfer. A person, association, partnership, corporation or joint -stock company, trust, or other • • business entity, however organized, is an affiliate of the person or entity which directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such person. Control shall be defined as (i) ownership of 20% or more of the voting power of all classes of voting stock or (ii) ownership of 20% or more of the beneficial interests in income and capital of an entity other than a corporation. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld, delayed or conditioned. 17. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving, removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 18. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be • submitted first and promptly to mediation. Each party shall bear its own costs of mediation. If mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 19. Enforcement and Attorneys' Fees. In the event that either party to this lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. • 20. Notices. All notices hereunder must be in writing and shall if sent by certified mail, return receipt requested. Addressed as follows (or any other 0 address that the party to be notified may have designated to the sender by like notice): • • If to Landlord, to: Public Services Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 If to Tenant, to: with a copy to: APT Minneapolis, Inc. 8410 West Bryn Mawr Avenue Suite 1100 Chicago, IL 60631 Attn: External Affairs Department APT Minneapolis, Inc. 8000 W. 78th. Street Minneapolis, MN 55439 Attn: Leasing Administrator 21. Authority . Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 22. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 28. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 24. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 25. Severability. If any term of this Lease is found be void or invalid such invalidity shall not affect the remaining terms of this Lease which shall continue in full force and effect. 26. Memorandum. Lessor agrees to execute a Memorandum of Agreement contemporaneously with the execution of this Agreement in a form recordable in the official records of the county where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees to furnish to Tenant a non - disturbance and attornment instrument for each such mortgage or deed of trust. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF LINO LAKES By Its Mayor By Its City Clerk TENANT: APT MINNESOTA, INC. By Michael O'Rourke Director of Engineering & Operations • • +! STATE OF MINNESOTA ) ) SS. • • COUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of , 2000, by and , the Mayor and City Clerk , respectively, of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the corporation. Notary Public My Commission expires: STATE OF MINNESOTA SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Michael O'Rourke , the Director of Engineering and Operations , of APT Minneapolis, Inc., a Delaware corporation, on behalf of the corporation. This instrument was drafted by: APT Minneapolis, Inc. 8000 West 78th Street, Suite 400 Minneapolis, Minnesota 55439 Attn: Real Estate and Zoning Manager Site Number: Al N512 Site Name: Lino Lakes/Water Tower Market: Minneapolis Notary Public My Commission expires: • EXHIBIT A DESCRIPTION OF LAND The Land is described as follows: Lots 1, 2, 3, Block 1, Lot 1, Block 2, Outlot A, Outlot B, Outlot C, Apollo Business Park, Anoka County, Minnesota, except the following parcels: Lot 2 and that part of Lot 3, Block 1 of the recorded plat of APOLLO BUSINESS PARK, Anoka County, Minnesota, which lies southwesterly of a line hereinafter referred to as "Line A ". Said "Line A" is decribed as follows: Commencing at the most westerly comer of said Lot 2; thence northeasterly, along the northwesterly line of said Lots 2 and 3, a distance of 418.92 feet to the point of beginning of said "Line A "; thence southeasterly, at a right angle, to the southeasterly line of said Lot 3 and said "Line A" there terminating. That part of Outlot A, Apollo Business Park, Anoka County, Minnesota lying east of a line decribed as commencing at the northwest comer thereof, thence on an assumed bearing of South 89 degrees 14 mintutes East along the north line of said Outlot A, a distance of 460.00 feet to the point of beginning of the line to be decribed; thence South 0 degrees 02 minutes 36 seconds East 355.00 feet; thence South 26 degrees 52 minutes 56 seconds East 192.05 feet more or less to the southerly line of said Outlot A and there trrm;nnting, Lot 1, Block 2, together with the northeasterly 10 feet of Outlot B, all in Apollo Business Park, Anoka County, Minnesota. That part of Outlot B, Apollo Business Park, Anoka County, Minnesota, lying easterly of the following described line: Beginning at the most notherly comer of said Outlot B; thence on an assumed bearing of South 58 degrees 02 minutes 08 seconds West along the northwesterly lime of said Outlot B 126.35 feet; thence southwesterly along said northwesterly line and along a tangential curve concave to the southeast, having a radius of 799.00 feet, a central angle of 17 degrees 50 minutes 56 seconds and an arc length of 248.91 feet; thence South 40 degrees 11 minutes 12 seconds West along said northwesterly line and tangent to said curve 75.00 feet; thence South 49 degrees 48 minutes 48 seconds East 323.37 feet to the southeasterly line of Outlot B and there terminating. Except the northeasterly 10.00 feet thereof • • • EXHIBIT B Premises Location within the Property The location of the Premises within the Property is more particularly described and depicted as follows: NOT TO SCALE 1. Final antenna type and configuration subject to final radio frequency engineer and zoning analysis. 2. Actual equipment location and conduits subject to final architectural design. 3. Final equipment location subject to structural engineer analysis. Site Number: Al N512 Site Name: Lino Lakes/Water Tower Market: Minneapolis • Memorandum of Lease and Option Between the City of Lino Lakes, a Minnesota municipal corporation ( "Landlord ") and APT Minneapolis, Inc., a Delaware corporation ( "Tenant ") A Site Lease with Option ( "Lease ") by and between the City of Lino Lakes, a Minnesota municipal corporation ( "Landlord ") and APT Minneapolis, Inc. ( "Tenant') was made regarding the following property: See Attached Exhibit "A" and Exhibit "B" incorporated herein for all purposes The leased premises, together with all necessary space and easements for access and utilities, are depicted in the attached Exhibit B. The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date ") and shall terminate at midnight on the last day of the month in which the anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five (5) additional 5 -year terms. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum on the day of and ending February, 2000 (effective as of the date of the last party to sign). LANDLORD: City of Lino Lakes • P Printed Name: Its: Mayor • LANDLORD: City of Lino Lakes By: Printed Name: Its: City Clerk TENANT: APT Minneapolis, Inc., a Delaware corporation By: Printed Name: Its: Michael O'Rourke Director of Engineering and Operations Site Number: A1N512 Site Name: Lino Lakes/Water Tower Market: Minneapolis • STATE OF MINNESOTA SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2000, by and _ _, the Mayor and City Clerk , respectively, of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the corporation. Notary Public My Commission expires: STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Michael O'Rourke , the Director of Engineering and Operations , of APT Minneapolis, Inc., a Delaware corporation, on behalf of the corporation. Notary Public • My Commission expires: • This instrument was drafted by: APT Minneapolis, Inc. 8000 West 78th Street, Suite 400 Minneapolis, Minnesota 55439 Attn: Real Estate and Zoning Manager Site Number: A1N512 Site Name: Lino Lakes/Water Tower Market: Minneapolis • EXHIBIT A DESCRIPTION OF LAND The Land is described as follows: Lots 1, 2, 3, Block 1, Lot 1, Block 2, Outlot A, Outlot B, Outlot C, Apollo Business Park, Anoka County, Minnesota, except the following parcels: Lot 2 and that part of Lot 3, Block 1 of the recorded plat of APOLLO BUSINESS PARK, Anoka County, Minnesota, which lies southwesterly of a line hereinafter referred to as "Line A ". Said "Line A" is decribed as follows: Commencing at the most westerly comer of said Lot 2; thence northeasterly, along the northwesterly line of said Lots 2 and 3, a distance of 418.92 feet to the point of beginning of said "Line A "; thence southeasterly, at a right angle, to the southeasterly line of said Lot 3 and said "Line A" there terminating. That part of Outlot A, Apollo Business Park, Anoka County, Minnesota lying east of a line decribed as commencing at the northwest comer thereof, thence on an assumed bearing of South 89 degrees 14 mintutes East along the north line of said Outlot A, a distance of 460.00 feet to the point of beginning of the line to be decribed; thence South 0 degrees 02 minutes 36 seconds East 355.00 feet; thence South 26 degrees 52 minutes 56 seconds East 192.05 feet more or less to the southerly line of said Outlot A and there terminating. �. Lot 1, Block 2, together with the northeasterly 10 feet of Outlot B, all in Apollo Business Park, Anoka County, Minnesota. That part of Outlot B, Apollo Business Park, Anoka County, Minnesota, lying easterly of the following described line: Beginning at the most notherly comer of said Outlot B; thence on an assumed bearing of South 58 degrees 02 minutes 08 seconds West along the northwesterly line of said Outlot B 126.35 feet; thence southwesterly along said northwesterly line and along a tangential curve concave to the southeast, having a radius of 799.00 feet, a central angle of 17 degrees 50 minutes 56 seconds and an arc length of 248.91 feet; thence South 40 degrees 11 minutes 12 seconds West along said northwesterly line and tangent to said curve 75.00 feet; thence South 49 degrees 48 minutes 48 seconds East 323.37 feet to the southeasterly line of Outlot B and there terminating. Except the northeasterly 10.00 feet thereof • EXHIBIT B Premises Location within the Property The location of the Premises within the Property is more particularly described and depicted as follows: NOT TO SCALE 1. Final antenna type and configuration subject to final radio frequency engineer and zoning analysis. 2. Actual equipment location and conduits subject to final architectural design. 3. Final equipment location subject to structural engineer analysis. Site Number: Al N512 Site Name: Lino Lakes/Water Tower Market: Minneapolis • • • AGENDA ITEM 6A STAFF ORIGINATOR: Marty Asleson DATE: February 22, 2000 TOPIC: Anoka County Agreement For Residential Recycling Program BACKGROUND: Each year Anoka County receives monies from the Solid Waste Management and the State of Minnesota. These monies are called "SCORE funds ". Anoka County makes these SCORE funds available to cities in Anoka County. These funds are intended to assist cities and townships of the county in meeting solid waste abatement/recycling goals. The City of Lino Lakes captured $29, 271.68 from SCORE funds in 1999. Cities participating in the SCORE program are asked to sign a yearly agreement with the County. This agreement provides for a consistent set of program criteria for all cities participating in SCORE, and a cooperative relationship between the cities and the county. We have been asked by Anoka County to sign the Year 2000 Agreement for Residential Recycling Program. This agreement allows us to capture dollars from SCORE for costs incurred in year 2000. Please find attached a copy of the agreement. OPTIONS: 1. Sign the year 2000 agreement for Residential Recycling Program with Anoka County 2. Do not Sign RECOMMENDATION: Option 1 • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Cindy Sherman, NAC C. C. MEETING DATE: February 28, 2000 TOPIC: Conditional Use Permit and Site Plan Review Majestic Pines Community Church Centerville Road, North End of Amelia Lake ACTION REQUIRED: 3 / 4 vote BACKGROUND A new staff report has been prepared by Cindy Sherman of Northwest Associated Consultants. The latest submittal includes a site plan, building elevation, and landscaping plan. No grading /drainage or utility plans were submitted. Staff cannot make a recommendation without complete information. If the Council is comfortable with the revised plans that were submitted, the applicant can proceed with the additional drawings. This project received a recommendation of approval, with conditions, from the P & Z Board. It last came to the City Council on December 20, 1999. It was extended 90 days with the applicant's agreement. The 90 days would bring it to March 19. The March 13 City Council meeting would be the last meeting when the Council could act on the application before the extension expires. It may not be possible for the grading plans to be completed and still allow enough time for a full engineering review in time for the March 8 work session. If the Council is prepared to recommend approval, another extension likely will be needed. OPTIONS 1. Provide guidance to staff on whether the revisions satisfy the Council that the project can receive approval with complete submittal. If so, this will require the applicant to agree to an additional extension of the review period. 2. Deny the conditional use permit and site plan. RECOMMENDATION Option 1 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Jeff Smyser FROM: Cindy Sherman DATE: February 22, 2000 RE: Majestic Pines — Revised Submittal FILE NO: 194.01 -99.02 You have asked me to review the revised plans that have been submitted for the Majestic Pines Church and to provide a comparison of the plans /issues. I will follow the format from the December 7, 1999 review (attached) and outline the modifications that have been made to the site plan and elevations. The applicant has not submitted revised grading, drainage and utility plans to date, so an official recommendation can not be provided. However, we can analyze the site changes and provide an opinion for the Council to consider. As I understand it, the applicant will move forward with modifications to the technical plans if they receive a favorable response to the site modifications. Issues Analysis Building The building has been reduced in size. Phase 1 has been reduced by 320 square feet and with phase 2, the total is reduced by 1640 square feet. The exterior of the building is proposed to be a brick face over precast concrete panels. The previous plan proposed precast concrete panels only. The use of brick is an upgrade and will provide a different appearance but it is not consistent with the Planning Commission direction to use a color that blends with the natural surroundings. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612- 595 -9636 FAX 612- 595 -9837 E -MAIL NAC @WINTERNET.COM • Memo to Jeff Smyser Page 2 Zoning /Conditional Use Permit No changes from previous report Comprehensive Plan No changes from previous report Land Use Compatibility No changes from previous report Public Services No changes from previous report Traffic Generation No changes from previous report Parking /Access The parking lot has been reconfigured, the setback from the street has been increased and the number of spaces has been reduced. The layout of the lot has been modified to pull it further away from the ordinary high water level of the lake and from the wetlands. Additionally, there is no parking or access shown between future phase 2 and the lake. The parking setback from the new right -of -way line has been increased from 15 feet to 40 feet. The number of spaces has been reduced by 22 stalls in phase 1 and 70 stalls in phase 2. Parking for phase 1 is 194 stalls and phase 2 is 84 for a total of 278 stalls. The number of stalls provided still exceeds the number required by ordinance. Setbacks The set back of the church from Centerville right -of -way has been increased by 26 feet, which reduces the rear yard setback. No other setbacks have been modified. Shoreland Regulations No changes from previous report Memo to Jeff Smyser Page 3 Lighting No changes from previous report Landscaping The landscaping plan has been modified. The total number of plantings (trees and shrubs) has been increased from 248 to 430. Additionally, the variety of plants has been changed. The revised plan should be reviewed and approved by the Environmental Specialist. Screening /trash No changes from previous report Sianage No changes from previous report Fencing No changes from previous report Trail The trail location has been modified slightly on a portion of the site. The trail is shown on the north side of the stormwater detention pond, it was previously shown on the south side. The change was made at the request of the Vadnais Lake Area Water Management Organization in order to provide some separation from the wetland. Grading /Drainage/Wetland Revised plans have not been submitted. Although modifications will be required based on site plan revisions. The size and location of the stormwater pond has been modified slightly, this will require review as it relates to the overall system. • • Memo to Jeff Smyser Page 4 Conclusion The site plan has been modified to address concerns that were previously raised. Increasing the setback from Centerville Road for the building and parking allows more landscaping and a significant berm to provide some screening. The exterior finish of the building is proposed to be upgraded to include a brick face. Parking areas and drive aisles have been reduced which eliminates some pavement and provides more green space on the site. Overall, the changes appear to create a site that is more compatible with the surroundings through the use of setbacks, landscaping and a reduction in paved surface. • • • NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Lino Lakes City Council FROM: Cindy Sherman /Alan Brixius DATE: December 7, 1999 RE: Lino Lakes - Majestic Pines Community Church FILE NO: 194.01 -99.02 EXECUTIVE SUMMARY Background The City has received an application for site plan review and conditional use permit from Majestic Pines Community Church. NAC has been asked to assist in review of the application. The site is located on the East Side of Centerville Road just north of Lake Amelia. The property, which is approximately 15.54 acres in size is zoned R -X. Churches are listed as a conditional use and are subject to review of specific criteria outlined for a conditional use permit and specifically for churches in the R- X District. The 1990 Comprehensive Plan and the current draft plan identify this area as Rural. Additionally, the site is within the Shoreland Overlay District and is subject to the rules and regulations outlined in the ordinance. This application was first reviewed by the Planning and Zoning Board on August 11 and then again on November 10. The public hearing was opened at the August meeting. However, the original submittal for the project required extensive revision due to relocation of the ordinary high water level on the site plan so the hearing was continued. The Planning and Zoning Board opened the public hearing and heard comments. A number of citizens expressed concerns regarding the project. Several objected to the size and nature of the project. Other concerns included traffic, impact on the lake, and compatibility with the area. The applicant held a neighborhood meeting where several of the same concerns were raised. No additional comments were received at the hearing on November 10. The Planning and Zoning Board voted 6 -1 to recommend approval of the site plan and conditional use permit with conditions. The plans have been modified 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 61 2- 595 -9636 FAX 6 1 2- 59 5-9837 E -MAIL NAC@ WINTERNET.COM • • • Majestic Pines Report Page 2 to address issues raised regarding the site plan. The items that remain as conditions either will be addressed with construction documents or are conditions that are related to the conditional use of the site. To accommodate the applicant's request, a site plan review and conditional use permit to allow a church within an R -X Zoning District are required. Exhibits attached for reference: • Site location map • Zoning map • Land Use map • VLAWMO Notice • Letters from Majestic Pines Community Church • Site plan Recommendation • Exterior elevations • Grading plan • Utility plan • Landscape plan • Lighting plan The Site Plan meets all of the ordinance regulations for the R -X District and the Shoreland Area. The criteria outlined for Conditional Use are designed to assure that a proposed use is appropriate in a specific location. If the Council finds the criteria /standards are satisfied then a decision to grant the conditional use would be appropriate in conjunction with approval of the site plan. Based on the revised plans staff recommends approval of the CUP and Site plan with the following conditions: 1. The City Environmental Specialist shall approve the landscaping plan. 2. Lighting of the parking lot shall only be on an as needed basis. Lighting in the parking lot and on the building shall not shine up or out. Exterior lighting on the building shall be reviewed with the building permit. 3. Any and all conditions required by the Vadnais Lake Area Water Management Organization shall be complied with. 4. All signs shall meet the ordinance requirement. Sign permits are required for all signage. 5. The plan is subject to the review and approval of Anoka County and proper permits shall be obtained prior to commencement of construction. 6. The permit and plans are subject to the review and approval of the City Engineer. 7. The site must be able to support a septic system that meets state, county, and city requirements. 8. The separate lots shall be combined to be one tax parcel. • Majestic Pines Report Page 3 9. Rooftop equipment shall be screened and the screening plan shall be subject to City staff review and approval. 10.This approval and the conditions do not imply approval of Phase 11. Phase II building and parking requires an amendment to the conditional use permit. 11.A sprinkler system with an on -site tank shall be installed for fire protection. 12. Exterior color of the structure shall blend with the natural surroundings. 13.The final trail location shall be determined in consultation with VLAWMO. Issues Analysis Building The proposed construction of a first phase includes 41,947 square feet of building in two stories; the building footprint is 26,336 square feet. The building is proposed to be constructed of architectural precast concrete panels with stone accent banding and a tinted glass entry feature. The Planning and Zoning Board discussed the exterior colors of the building and requested that the colors to be used be natural and blend in with the area. The applicant has indicated a willingness to work with the City to determine the most appropriate color palette for the area and will be bringing a sample with them to the meeting. The City building code requires a sprinkler system for this building. No public water system is available at this site, so a holding tank is required. The design of the sprinkler system will be reviewed as part of the building permit application. The church currently has 300 members. The facility is designed for their future growth and is a multi -use facility. In addition to two Sunday services the facility will serve as the administrative offices of the church. They also anticipate providing "typical" church activities /services such as teen and youth programs, weddings, funerals and possibly a daycare in the future. They do not intend to have a separate school at the site. The 22 classrooms identified on the floor plans are for religious instruction. Zoning /Conditional Use Permit The site is zoned R -X, Rural Executive District. Religious buildings such as churches are listed as a conditional use in the district provided that: 1. Side yard setbacks shall not be less than fifty (50) feet. Majestic Pines Report Page 4 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with the landscape and screening regulations of Section 3 of the zoning ordinance. 3. Adequate off - street parking and access is provided on the site...and such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with the ordinance. 4. Adequate off- street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this ordinance. Additionally, the use is subject to standards for a conditional use permit. The ordinance defines a conditional use as a land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. If findings can be made that all of the standards are satisfied for a conditional use in a specific location then a conditional use permit should be granted. However, if the use is not appropriate based on the criteria then a permit does not have to be approved and findings should be made as to why the use does not satisfy the standards for granting a conditional use permit. The ordinance states that the Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 5. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 6. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Majestic Pines Report Page 5 7. Will have vehicular approaches to the property, which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. 8. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 9. Will conform to specific standards of this ordinance applicable to the particular use. Comprehensive Plan The City's 1990 Land Use Plan and the 1998 Plan designate the subject site as rural. While the 1998 Plan is not officially adopted it does reflect the long -range goals of the community related to existing and future land use. The 1998 plan includes the following language: • In looking to the future, only land uses and development that protect the rural character and will not require urban services will be permitted within rural land use areas of the City. The City makes the determination that the use is consistent with the rural character as defined within the Comprehensive Plan The Comprehensive Plan also designates a greenway element around Lake Amelia. The site plan identifies a greenway approximately 185 -250 feet in width that includes the wetland and ponding areas and proposes a woodchip trail. Land Use Compatibility To determine the compatibility of the proposed use it is beneficial to examine existing and anticipated uses that surround the site. The following is a chart listing the existing uses and zoning of parcels surrounding the site. Direction Land Use Zoning North existing - Single Family /proposed ballfield complex R South Lake Amelia R -X East Agriculture R -X West Single Family Residential R The land use in the area is currently rural, agriculture or single family. The City is considering acquisition of the and north of the site to Birch Street for the development of a ballfield complex. If this occurs the land use characteristics of the church and related facilities will be more consistent with the ballfield use and the land uses would be more compatible. Churches are listed as conditional uses under the zoning ordinance. However, the scale and the intensity of this project raised an issue of compatibility in this location. The applicant has addressed compatibility through the use of plantings and site design. Majestic Pines Report Page 6 Public Services As a condition of CUP approval, findings must be made that the proposed use will not overburden the City's service capacity. Utilities are all to be private, on- site systems. The details of the on -site system must be reviewed by the appropriate staff to demonstrate that the site can accommodate a system to service a building with a capacity of 400 people plus ancillary uses. Preliminary information submitted by the applicant indicates that there is . adequate area for an aboveground septic system. The church will need to install a tank for water storage to provide a water source for the fire sprinkler system. Traffic Generation Anoka County has reviewed the proposal and has not raised traffic generation as concern. They have requested improvements to Centerville Rd to help channel traffic into and around the site. Churches generally do not conflict with peak traffic volumes. Turn lanes are required and must be shown on the plan per the City Engineer and County's recommendation. Parking /Access The parking area is designed with separate ingress and egress. The entrance to the property lines up with Holly Drive to the west and the exit is approximately 460' north to allow turn lanes and bypass lanes on Centerville Rd. Anoka County reviewed an earlier plan and it appears their comments have been incorporated into the plan. The current plan should be submitted to the County to assure they are satisfied. A permit to work in the County right -of -way is required. The R -X provisions of the ordinance do not have specific regulations regarding setbacks for parking lots. The B -1 District calls for a 15' setback from streets. The site plan identifies a 30' setback on the north side of the site and 15' on the west side or street frontage. The ordinance does require a 4' fence or other screening measure when parking is adjacent to a street or residential use. The applicant has increased the number and variety of plantings along the road frontage in lieu of a fence. Based on the ordinance the church is to provide 1 parking stall for each 4 seats in the main assembly hall. There are 400 seats, which requires a minimum of 100 parking stalls. The classrooms add one stall each, and the applicant has indicated there will be 4 -6 employees. This requires a total of 128 parking stalls. 212 stalls are provided with phase one, seven are designated to be accessible. All of the stalls are designed at 9'x18' with 24' drive aisles, this is consistent with the ordinance. • • • Majestic Pines Report Page 7 Setbacks The church structure meets or exceeds the setbacks for the R -X District and the Shoreland regulations as shown below: R -X regulations required setback proposed setback Front Yard 40' 100' Side Yard 50' 115' Rear Yard 30' 900 +' Shoreland Regulations This property is located within the Shoreland overlay of Lake Amelia. This is a Natural Environment Lake and is subject to the following regulations: ks from the Ordinary High Water (OHW): Lighting Parking lot lighting locations are identified on the lighting plan. The plan proposes a mix of fixture types to minimize the light leaving the site. The lighting plan meets the ordinance. The fixtures should all include recessed lenses to limit the glare that can occur. We recommend that the lights only be used when there are activities in the facility and that they be turned off at all other times. Landscaping A landscaping plan has been submitted which provides a variety of plantings throughout the parking lot and perimeter of the site. Vertical plantings were added next to the building to help soften the size of the structure. The landscaping plan is subject to the approval of the Environmental Specialist. Screening /trash No detail is provided on rooftop equipment because the unit type has not been selected. Either the parapet of the building or a metal screening material to match the building shall screen all rooftop equipment. There is a trash enclosure shown in the north parking area and it is to be constructed of materials to match the building. Required Proposed Structure 150' 360'+ Septic system 150' 200' Parking 150' 185' minimum Building Height 36' 27' Lighting Parking lot lighting locations are identified on the lighting plan. The plan proposes a mix of fixture types to minimize the light leaving the site. The lighting plan meets the ordinance. The fixtures should all include recessed lenses to limit the glare that can occur. We recommend that the lights only be used when there are activities in the facility and that they be turned off at all other times. Landscaping A landscaping plan has been submitted which provides a variety of plantings throughout the parking lot and perimeter of the site. Vertical plantings were added next to the building to help soften the size of the structure. The landscaping plan is subject to the approval of the Environmental Specialist. Screening /trash No detail is provided on rooftop equipment because the unit type has not been selected. Either the parapet of the building or a metal screening material to match the building shall screen all rooftop equipment. There is a trash enclosure shown in the north parking area and it is to be constructed of materials to match the building. • • • Majestic Pines Report Page 8 Signage A monument sign is shown on the site plan adjacent to Centerville Rd. No detail of the sign is provided. The ordinance allows a sign up to 32 square feet and not higher than 8'. A separate sign permit application is required. Fencing The plan shows a 6' chain link fence on the eastern property, line outside of the wetland area. This fence was requested by the adjacent property owner to assist in keeping people on the trail and off of private property. Trail The applicant has agreed to dedicate a 15' trail easement along the edge of the wetland to provide a public corridor adjacent to a portion of the lake /wetland. The church will grade the trail and place woodchips for the trail surface. The City will have the option of paving the trail in the future when funds are available. Maintenance of the trail is an issue. The church does not intend to maintain the trail following installation of the woodchips, they feel the dedication of the easement and installation satisfies their obligation. City maintenance of the trail is not anticipated until such time as the trail is paved. Grading /Drainage/Wetland All grading of the property is proposed to be completed with phase one of the construction. All wetland fill and replacement will also be done with phase one. A large pond is proposed to be constructed to pre -treat storm water run -off. Specific grading and drainage issues are subject to comment and recommendation by the City Engineer. A permit application has been submitted to the Vadnais Lake Area Water Management Organization (VLAWMO). The application was approved with conditions for implementation. A copy of the action is attached. Planning and Zoning Board Recommendation The Planning and Zoning Board reviewed the site plan and conditional use request at their November 10 meeting and they recommended approval of the conditional use /site plan with conditions. Many of the conditions have been addressed with revisions to the plan. The church has submitted a letter that addresses the conditions and their position regarding them. They have not modified the plans to meet conditions regarding the parking setback and the trail through the site. The front parking setback has not been increased but the landscaping has been greatly enhanced to create a • • • Majestic Pines Report Page 9 better screen along Centerville Road. The plans for Centerville Road include a trail that will be constructed when the road is upgraded. Rick DeGardner feels that a trail along Centerville Rd. is not warranted at this time. Environmental Board Recommendations On July 28, the Environmental Board considered the project and made recommendations. On August 25, the Environmental Board again discussed the item and additional recommendations were proposed. All recommendations are attached as memos. The following comments are intended to address the recommendation of the Environmental Board. Native plants can be incorporated into a landscaping plan that must obtain approval of the City Environmental Specialist. The possibilities for infiltration on the site are severely limited because of the high water table. The parking and the entire site were redesigned and moved further from the lake. Lighting will be directed downward and will meet City requirements. The applicant has lowered the height of the light poles from 20' to 14'. The pond has been redesigned to minimize site disturbance and avoids the oak trees. A public trail easement is identified and it is intended to be donated to the City. The septic system must meet all state, county, and city requirements. A septic designer has determined there is adequate area allocated for an aboveground system. Alternative solutions for sewage treatment are being examined. The site plan meets shoreland setback requirements. The area between the parking lot and the lake will be largely in a utility easement over the wetlands. Buffers are a good idea when feasible, but the City cannot overly restrict the use of a site and this plan exceeds all setback requirements. Green parking requires extensive research. The Minneapolis Park Board has had only limited success with it: it doesn't hold up to plowing. The City has no way to enforce tilling the soil to eliminate interphase problems. "`-- - - - - -- 2223 CITY OF CENTS LLE_ GTY 7 LINO LAKES �vrz�a,oaros illittinturev . • iS 40! 0 L_- I: (4Sr$.CCV 1 26 3433' :.(15 SUSbIV1510N I [ SEC'S 34. DS 7. St- R.22 I`I I � [ a 343 CO .> -t L.x -.., CLE PINES II II jl>>4) I odd even v 0 HOUSE NUMBERING E • . 4 g i I i i ig M 0 F 0 ) , •-•,- NEW 514,0 LYE 1.14.1CULDER NEW 151•1,114 LAM WOOMLDEN CENTERVILLE ROAD PROPERTY LINE _ coroit"-"-- z -11114LIJIA-10140142,4 wen -------------- ---------- --------- — --------- nr- 177 — _____ r:7—H — , I \ ....., gf -.... • -,.... -.... / , `,4. \ N., --.. at \v\ --,.. •-... ‘,. . ---(---(...._))------"----r6 . -vs,-,-,\`•-■ . N ,114 \ \ \ \ a 1 1 i \ 1 1 _ We I k * ,:;•:,' \ \it\ /'/,•!)' A 1 m z -1 m 1=- z 7 7 i$!\ \ •. `. 0- ij J 1 rq I A) I -< -0 Iz 1 „ 1 . '.2 lot 4. c - 1 FE--)11 0 . . '' 7 i '4- •., 2000 .... —3 2tn 01.1?i rTi 931 < - r- r- m > . E , , 14, 2 ■ c k, n x I hereby certify that this pion. wea- cation, or raped ■03 prepared by me or under my direct supervision ond that 1 orn o duly Registered in the stole of finn daniels mtlmirremummu-T7Irwtrftrusll 2145 Ford Parkway, Sults 201 Saktt Paul, Minnesota 551113 65t890.5525 ais..5545 www. corn ,. ' ---- — Registration Number Data m N 0 4 ULP1NG HEIGHT • N l!'i'irli': I`iialjlil;'ii!tl! ME FrAn Eft (Iii I'IS ; I I rEEE 1'' Sheet Tit IL EXTERIOR ELEVATIONS A -2 0 5. • q k$ m g m 't i ° v ° Z g N O Z Z _. m -t m t'rt m < .�� rn m Z 70 D 6 t hereby report that this pion, specifi- cation, cation, a rpal .o. prpacd by me a under my drat aper.ylm and that I am o duly R.yi.(aed h the elole of 1• inn daniels ._ . - -� ■J�.I .iL J ��tr�� 2145 Ford Parkway, Suits 201 Saint Paul, kartneaots 66118 861880.5525 F .6646 www . com i C = _ A Rcgislration Number Dote = .x A NEW 5 -PA55 LASE ,EHCI:LDER T A n � CI A v —A- t■ mm lomAtiW IF ON pm 102 OmOBp 1110 'It 81 ®(p; wt] - vl °8 p 88 �-0 8 °8 0 �: °P © z L �1 L co V of x N 11 gA \� \. \ N ■ `. \ m\ \. \ v YA M / z= GIN m / / • N N N Sh..1 nN« PRELIMINARY LANDSCAPE PLAN L1 SCALE: 1-=40' 0' 40' 80' 120' n i. M 9 R K °m o m m o ° 8 o z u n I hereb nrtify that this plan, spaclfi— cation report sus prepared by mew and .ect supervision and that I om a plslered Landscape^Y NCNI7 � In the .tote of C ¢ 44 3 6 P . • finn daniels ` s� -� �lt�J .��rJiJ � 2145 Ford Parkway, Suite 201 Saint Paul MI •a bbtit3 861690.6626 90.6645 www. \lela.00m r-o Z m Y Q Z ., o m Mr m Z m D y O 1 C Z j = F & B a Registration I ate '9F / A = fl ^ • L 1 g E k tCK ) N 4 N O W N W ♦ 4 g O N W 00 t �"� N OD U v O � 4 .� l O U N .� ,� N ♦ N V C Z m Z F � � SPRING SNOW CRABAPPLE 1- 1 /2' B&B MALUS x HYBRIS 'SPRING SNOW' STELLA DORA DAYUUES 1 GAL.. POT HEMEROCALUS. STELLA DORA Z a 0 O b Zjm� ♦ 8 TECHANY ARBORVITAE 4' POT THUJA OCCIDENTALIS TECHANY' WELCH JUNIPER 4' POT JUNIPERUS SCOPULORUM 'WELCH' HUGHES JUNIPER 24' POT JUNIPERUS HORIZONTAUS 'HUGHES' SEA GREEN JUNIPER 24' POT JUNIPERUS CHIN ENS IS 'SEA GREEN' X m > m OD GOLDMOUND SPIREA 18' POT SPIREA S BUMALDA 'GO LDMOUND' CAREFREE SHRUB ROSE 18' POT ROSA RUGOSA 'CAREFREE' I DWARF WINGED EUONYNUS 18' POT EVONYMUS ALATA COMPACTUS _ v D Co , 'z e� 2 C ° Nj n Q A � ARROWW000 VIBURNUM 36' POT VIBURNUM 0ENTATUM NANNYBERRY VIBURNUM 36' POT VIBURNUM LENTAGO DWARF BAILEY AMUR MAPLE 38' POT AC ER GINNALA 'BAILEY COMMON PURPLE LILAC 36' POT SYRINCA VULGAR IS. PURPUREA N N= N. m * D • AUSTRIAN PINE 4 I B&8 I PINUS NIGRA Nyy ?S lit m BLACK HILL SPRUCE - 4' B&B PICEA GLAUCA OENSATA THUNDERCHILD CRABAPPLE 1.0' POT MALUS SP. THUNDERCHILD ISNOWDRIFT CRABAPPLE 1.0' POT MALUS SP. SNOWDRIFT PRAIRIE FIRE CRABAPPLE 1.0' POT MALUS SP. PRAIRIE FIRE PROFUSION CRABAPPLE 1.0' POT MALUS SP. PROFUSION CANADA RED CHERRY 1.0' POT PRUNUS V1RCINIANA WHITESPIRE BIRCH 8• POT BETULA PLATPHYLLA JAPONICA CLUMP PIN OAK 2' B&B OUERCUS PALUSTRIS � COMMON NAME I SIZE LATIN NAME � Sh..1 nN« PRELIMINARY LANDSCAPE PLAN L1 n i. M 9 R K °m o m m o ° 8 o z u n I hereb nrtify that this plan, spaclfi— cation report sus prepared by mew and .ect supervision and that I om a plslered Landscape^Y NCNI7 � In the .tote of F�,PE y .i - ¢ 44 3 6 P . • finn daniels ` s� -� �lt�J .��rJiJ � 2145 Ford Parkway, Suite 201 Saint Paul MI •a bbtit3 861690.6626 90.6645 www. \lela.00m r-o Z m Y Q Z ., o m Mr m Z m D y O 1 C Z j = F & B a Registration I ate '9F / A = fl ^ • L 1 • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: February 28, 2000 TOPIC: Site & Building Plan Review: Swimming Beach Buildings, Anoka County Parks ACTION REQUIRED: 3 / 4 vote BACKGROUND The application from Anoka County Parks is for a site and building plan review for four structures on the west side of Centerville Lake. The buildings represent further development of an existing beach facility area. The site is within the Rice Creek Chain of Lakes Regional Park Reserve (the Park). The Park is zoned PSP Public Semi - Public. Public parks and recreation facilities as well as all public county government buildings are permitted uses in this zoning district. The site is within a shoreland overlay district as well, so shoreland regulations apply. All buildings are well under the 45' maximum height allowed by the zoning ordinance. Because the facilities are within the large Park, the site plan meets the maximum building coverage and minimum green space requirements for the zoning district, which are both 35 %. The shoreland maximum coverage of 60% also is not a problem. The shoreland ordinance classifies Centerville Lake as a recreational development lake and requires a setback of 75' from the ordinary high water level. The ordinary high water level has not been specifically determined for Centerville Lake. However, staff from the MN Dept. of Natural Resources (DNR) notes that the ordinary high water level is stable and is about the same as the shoreline on this lake. The buildings are over 140' from the shoreline at the closest point. Building permit applications will be reviewed by the City Building Inspector. Structures: There are four structures to be built. A gazebo, multi - purpose building, and restroom building will be clustered around a concrete patio area. This cluster will connect to the beach and parking lot with concrete walkways. A picnic shelter will be separate with its own walk to the parking area. The gazebo (see drawing A3, lower center)) will be a 20' x 20' square with a concrete floor and an open roof reaching a height of 13 feet. The support columns will be covered with cedar lap siding. • The multi - purpose building (drawing A6) is 20' x 20' with a two -foot roof overhang all around. The pitched roof will have asphalt shingles and will peak at a height of about 14'. Cedar lap • Site Plan Review, Anoka Parks February 28, 2000 page 2 siding (horizontal, 1" overlap, 7" exposed) will cover the exterior walls. Three walls will include windows. This building will have vending machines on the exterior of the northwest wall. The building will house the lifeguard office and locker room The restroom building (drawing A6) will be approximately 25' x 25' with an additional roof overhang. The overhang on two sides will be about 7' and 2' on the other two sides. Asphalt shingles will cover the pitched roof which will peak at about 15' in height. The north and south sides will feature barrel vaults on the roof with louvres. Cedar siding will cover the exterior walls. The picnic shelter (drawing A7) measures 50' x 50' square. A concrete floor will be covered by a sheltering pitched roof topped by a clerestory structure. A 24' x 30' area will have an overhead trellis extending from one side of the shelter. On another side, the floor slab will extend out to a 6' fire pit surrounded by crushed rock.. The roof will peak at 24' in height and will be covered with asphalt shingles. The support columns will be covered with cedar lap siding. Roads: Access will be via the access road to the Park off Main St. Utilities: An existing 6" water well on the site will continue to serve site, including the new • buildings. The site will connect to Centerville sanitary sewer. We have not seen the utility plans for the sewer connection. A condition of approval should require that the utility plans must be submitted for review by the Lino Lakes City Engineer. Environmental Board Review: The Environmental Board reviewed this project at its January 26 meeting. The Board had no recommendations on the project. Planning & Zoning Board Action and Conditions of Approval The P & Z voted on February 9 to recommend approval of this application with a 6/0 vote. The P & Z recommendation included the following condition: 1. Final utility plans shall be submitted for review by and obtain the approval of the Lino Lakes City Engineer. OPTIONS 1. Approve site and building plan as submitted with the condition listed in this report. 2. Table application and return to staff with direction. S RECOMMENDATION Option 1 i • • MEMORANDUM DATE: February 3, 2000 TO: Jeff Smyser, City Planner FROM: John Powell, City Engineer RE: Site Plan Review Rice Creek Chain of Lakes Regional Park Reserve Anoka County Parks Department Anoka County has submitted a Site Plan for review to construct beach buildings in their park. The rough grading in this area was completed by the County's contractor last fall. As we discussed before, the City did not issue any sort of grading or shoreland related permits for the grading work which has been completed. An ongoing concern with this project is the impact on Mound Trail from the construction activity. Most of Mound Trail is located in Centerville. Most, if not all, of the cul -de -sac at the end, closest to the construction, is located in the Lino Lakes. The question I have related to the beach house regards utility service. The County proposes to keep the existing well to serve the building. No information is provided on sanitary sewer service. The plan refers to "City" but I believe City in this case refers to Centerville. Centerville has sanitary sewer available along mound Trail but Lino Lakes does not. Any utility plan which crosses Lino Lakes right -of -way will require additional review. If you have any questions, please let me know. • I -35E z 0 cc 0z0 O ¢w0 O. IX U 1 -35E Cr ' VILLE ROAD 0 U) C.) • W LU v / W W ry J a. W LI- < CC Oz 0z0 W Q U I W Cr 0 STATE HIGHWAY 49 0 U- J O Ci > �w ww Z Q~ D CO W Q - dJ I-- --I U. U_ (7 Q j OQ LQ 0 C LL! C C CC :D J d C. H CO I— d 0 i • I -35E z 0 I -35E iC p Z0_ a. O Ce w0 O.�v or '.VILLE ROAD ■ 0 0) U W L.L 'W ( J WN VJ W WLL< CC Oz UZO UFO Z W CC STATE HIGHWAY 49 0 w I- LL J < 0 cn< d < cncc r W W Z Q to D to U LlJ 0 I- O Q (f < • 0 u otx W O CC IX O(X Ir D J d LL!— u)I- 13_ U) U) PLAN .= SHEET INDEX BUETOW & ASSOCIATES ARCHITECTS & ENGINEERS ST. PALS-. MINNESOTA. [0813 ♦13 0701 COW ASYT • 1699 60E1011i AW A6WGATa.6: I NEW.-ST CANTTT THAT TIES PLAN WAS DNEOT SUPCWV6q.NC LINDER OIL REGISTERED .NaLTECT UNDER LAWS Q THE ? YhIEBOTA DATE 11JM lSO REG. NO. A662 • • 4 3211115m11S St113S1 f N N' • �� t' 4" TG TN' 1F OH.TR_li.sl I - �� tYPICti. {-ice, t — I Pte. z A r- "trn z H Prs T on A ofr gAti N N A 0 0 0 VI 0 I m 0 C r f 311819 9NIl r m ✓ PI .,gr I P FOR 0004 201, is Q Iuaw "vI T FRAME R NUMBE �>nn >nnm>nn TYPEl, 0 uuuuwlZ 1. �ju_S1E o S3 444V�ERz�444 § xxxxxxxxx)4 -< - ° :44444i;44j4 m - - -FRAME P1 -C k3?i 3dAl 311da3 • RATING GLAZING TYPE .Ss.L JAMB v„, 1,..• GROUP xxxxxl. )474x741010 xxxxat xxxCASKET *)4)1)44.)4x.* LOCK HEAD a �l 0 0 0 /-Q z 0 m z /z\ V U) C) m O C r m ROOM NUMBER Zj PIK r 0 A 4- t it 1 A Ai g EtA ) II I 1 .I , I 4 O r C LA- 4 Z °m v a, 2' -0^ SIARE WALK TO DRNA 4 A BEACH; ZbLpLDING FLOOR PLANS ti -On 2'14. S -4': p._a,.f___3•_4.• • 4,10. '+ I 4..10" ___; a. � w..2•' 4, 5,2". 1 24...4• 51ooa 4, 0 0 1 v 6 0 0 0 T� "1 z U) N C7 m 0 C r m 'RICz CREEK CHAIN OF LAKES Esu /AWESara MO. DATE BUETOW & ASSOCIATES ARCHITECTS & ENGINEERS . ST. FAX-. JJMJESOTA 4441) 4443 -4701 - COPYAOIT 4 YES 1.0704 440 ASS OATES, NC. I HERESY C0.11FY THAT TNS PEAS WAS PREPARED IV WE OR UEDE)I MV DPWOT 9UP.AV1+ H 4)0 THAT ,A: A OItV REOIVERED ATCWTECT 110[4 LAWS Or TH0 ST L K MOESOTA 01. LL E2� MO. N0. 11042 "'RICE CREEK CHAIN OF LAKES LAKEES,M!NNESOTA BUETOW & ASSOCIATES ARCHITECTS & ENGINEERS 5T. PAUL. MINNESOTA 166* 163 -6701 DCTT1f aiT • 545 61T00 AM KYCGIDL IDC. MEREST CE RT1'T THAT TIES '.AM MAS PREPARED ST EL OR UNDER MT DREOT SLTEAVISCN AND THAT IAA A DOLT REGMTERED ARCIYTECT LACIER LAYS W 716 STSK SP Mi*t90TA DATE - H/la/OS el 174 'EMI. "'RICE CREEK CHAIN OF LAKES LAKEES,M!NNESOTA BUETOW & ASSOCIATES ARCHITECTS & ENGINEERS 5T. PAUL. MINNESOTA 166* 163 -6701 DCTT1f aiT • 545 61T00 AM KYCGIDL IDC. MEREST CE RT1'T THAT TIES '.AM MAS PREPARED ST EL OR UNDER MT DREOT SLTEAVISCN AND THAT IAA A DOLT REGMTERED ARCIYTECT LACIER LAYS W 716 STSK SP Mi*t90TA DATE - H/la/OS • • AIN N m r m z O 0 F y •C g r 0 0 N ;, Oa • ' m 1 0 0 N —4 8 $%A UMW I--f- I N 0 -4 -4 Y m r 2 A tn 11 I iI. r BEACH BUILDING ELEVATIONS RICE pCREE/KCHAIN OF LAKES Y .L . MIIYNE�CSO A DAIL SUETOW & ASSOCIATES ARCHITECTS & ENGINEERS PT. PAUL. MNNEEOTA 10911 *55 -4701 aOPYRAMT O WAY AMOR AO AwOAASEl.Ma. I IOAEFT CERTFY TRAY nu PLAN ADS IN MME DR UNDER MT DWEDT SL.'PEMV51CA A1D TAT I AM A DULY RECD) 'FALL IRCIDTECT UNDER LA*I Cl f}E T F MINNESOTA • DAM RFC. 06. 4204 s • e CO n n (031Y1S) 113113 n04 • TO OOTTOM OF PLIRUN :j 1 t r, I - - -- II L- H-- I, - -t- I i11 - - rz kg I kit. mD K3~O 0 a3113HS DINDId - NO)1YA313 ' ASH i 7 / 4.-Y 7/ PICNIC SHELTER ELEVATIONS .AND SECTIONS RICE CREEK CHAIN OF LAKES LTh0 1AKES,W/NNESOTA >y: r rn a EA -.I E11 2) BUETOW & ASSOCIATES ARCHITECTS & ENGINEERS ST. PAL,. I0NNESOTA (661) 463-6701 NOIIYA313 (lWOIdAL O3NY1S) 213113HS OINOId Pt Uf -4 m Pt 2 r- 1 • §< .1) A COPY*30 •0Yi OIET3P Na AsiO3A1E6 I I HEREBY WIMPY THAT INS PLAN WAS PREPARED By ME CR UNDER MY DIRECT SUPERYWOR AND THAT IAS1 OILY P5041ERE0 A)ICNTECT UPOER LAWS OF TE ST T F 'NNESOTA CATE II /14 /66 - RCG NO. 11043 • • AGENDA ITEM (C;- /\ STAFF ORIGINATOR: Mary Kay Wyland DATE: February 28, 2000 TOPIC: Second Reading, Ordinance No. 02 -2000 Zoning Ordinance Text Amendment to Add Exterior Storage as an Accessory Use with a Conditional Use in the Light Industrial Zoning District VOTE REQUIRED: 4/4 Vote DESCRIPTION OF REQUEST: The City Council approved the First Reading of Ordinance 02 -2000 at their February 14, 2000 meeting with an amendment to one of the criteria established in review of an exterior storage request. That amendment provided that "the storage area shall be screened 100% from residential properties ". The ordinance has been drafted to reflect the amendment and is attached for Council information. • Staff would recommend approval of the Second Reading of Ordinance 02 -2000. • OPTIONS: 1. Approve Second Reading of Ordinance No. 02 -2000 3. Return to staff for further consideration RECOMMENDATION: Option 1 ■ • • • Council Member adoption: introduced the following ordinance and moved its ORDINANCE NO. 02 - 2000 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING OPEN AND OUTDOOR STORAGE AS AN ACCESSORY USE WITH A CONDITIONAL USE PERMIT IN THE LIGHT LIGHT INDUSTRIAL (LI) ZONING DISTRICT The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Section 8, Subd. I. 1 of the City Zoning Ordinance LI, (Light Industrial Zoning District) is hereby amended to add the following: 1. Open and outdoor storage as an accessory use provided that: a. The storage area is landscaped and screened from view of neighboring uses, residential zoning districts and public rights -of -way per Sec. 3, Subd. 4.S of the Zoning Ordinance. The storage area shall be screened 100% from residential properties. b. Storage area is fenced in a manner approved by the City. c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.11. of this Ordinance or other lighting standards in place at the time of project approval. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and not in front yards. f. The property shall not abut property zoned for residential, rural, or business use, including land in a neighboring city. "Abutting" includes across a street. "Abutting" does not include properties that touch only corner -to- corner. g. The property shall not abut I -35W or I -35E. h. The storage area shall not abut a school or a public park. i. The ratio of storage area to building footprint shall not exceed 3.5:1. j. Storage shall not include material considered hazardous under Federal or State Environmental Law. Section 2. This Ordinance shall become effective immediately upon its passage and publication. 4 • • ADOPTED by the Lino Lakes City Council this 28th Day of February, 2000. John Bergeson, Mayor ATTEST: Ry -Chel Gaustad, CMC City Clerk The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said Ordinance was duly passed and adopted. • • AGENDA ITEM (epE STAFF ORIGINATOR: Mary Kay Wyland DATE: February 9, 2000 TOPIC: Conditional Use Permit, Shiloh Church, 1189 Main Street VOTE REQUIRED: Simple Majority (3/4th) BACKGROUND Shiloh Church of Lino Lakes has approached the Lino Lakes Senior Citizens requesting permission to use their space at 1189 Main Street (the old City Hall) for church services. The property is Zoned Rural. Churches are only allowed with a conditional use permit (CUP). The Seniors lease a portion of the City's building at 1189 Main Street. The Seniors asked the City Council in October last year if it would be acceptable for them to schedule other groups in their space. The City Council was comfortable with this, and they agreed that the Seniors could do so. However, neither staff nor the City Council knew the contemplated use was a church. When staff learned this, after the church began using the facility, we advised them they needed a CUP. The Shiloh Church has, therefore, submitted this application for a CUP to use the old City Hall building for their church services. In addition to the church needing a CUP, the City's lease with the Seniors did not provide for other users. City staff has reviewed that lease and is revising it to ensure that the Seniors can schedule other users in the building and that a church can be accommodated. The Seniors will be able to schedule their leased space according to guidelines in the lease document. These guidelines will include churches with a CUP. Required CUP Findings and Criteria As stated in Section 2 Subd. 2 of the Zoning Ordinance (Conditional Use Permits be Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds that such use at the proposed location: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. • c. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and /or intended character of the general vicinity and will not change the essential character of that area. d. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. g. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. Will conform to specific standards of this ordinance applicable to the particular use. In addition, according to the Section 5, Subd. 1.H. 5 (conditional uses in the Rural zoning district), a CUP may be granted for churches provided the following criteria are reviewed: a. Side yard setbacks shall not be less than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of this Ordinance. c. Adequate off - street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S of this Ordinance. d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6 of this Ordinance. • • • We believe the above findings and criteria are satisfied. The church will make no alterations to the existing building. No activity will occur outside the building that would affect the neighboring residences. Parking by church members will not be any different than parking by City employees or others at the building. Therefore, the new use does not warrant any new screening or landscaping. The parking ordinance requires 1 space per 4 seats based on design capacity. The "church" has a estimated capacity of approximately 200 seats: 100 in the old Council Chambers and another 100 in the Senior Center area. This would equate to 50 parking spaces. The parking areas in the front and east side of the building totals about 60 parking spaces. There could be another 20 on the west side of the building. Adequate parking is available on the site. At this time the church has a congregation of approximately 50 members. We will monitor the parking situation and if it becomes a problem, we can address it in the future. Conditions of Approval Staff recommends approval of this conditional use permit based on the listed findings and criteria. The following conditions should apply: 1. Shiloh Church shall enter into a facility use agreement with the Lino Lakes Seniors subject to the Seniors' lease with the City. 2. Adequate parking must continue to be available. Parking shall be reviewed annually by City Staff to assure adequate capacity for continued use of the facility by the Church. If parking becomes inadequate due to growth in church membership, the City may require the church to relocate. The City shall establish a reasonable amount of time for the church to do so. 3. The church will be allowed a temporary sign, to be placed no more than one hour prior to events and removed one hour following events. The sign size and other characteristics shall meet with the requirements of the City's Sign Ordinance (no flashing beacons). A sign permit is required. The Planning and Zoning Board held a Public Hearing on Wednesday, February 9th and recommended approval of this Conditional Use Permit. Their approval included the conditions listed above with an amendment to #3 providing placement of the sign 24 hours prior to church events. • • • OPTIONS 1. Approve Conditional Use Permit for Shiloh Church based on findings in the report and with the conditions listed above as amended by the P & Z. 2. Return to staff for further consideration 3. Deny request RECOMMENDATION Option 1 • • mumanotir Enfas/ ITEMIBETZEMI giummonam •,3/ 20 0 Lmri 3 2 i 111121billial WWI ■� eit r WOW i 71 j JOAN - r0 . ®iria ■ • AMMEMEMMMIL R7� JI ANIMMXiiiw0 AMIIV - _*-ptA_ -N* -PS-- AKE� • .Z VIEW PELTIER LA'r (N N ARM) 1 REV WATCH LAKE C) CO 0 c-) r- rn z z 0 NS 0 GRAVEL EE WE L —1 City Hall v) CD 0 0 13 Z 0 0 • PUBLIC WORKS BUILDING 1189 Main Street Public Works Offices Entrance Parking Lot Senior Center Area Rest Rooms 1/28/00 RD/Public Works /Senior Center Map • AGENDA ITEM 6F STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: February 28, 2000 TOPIC: First Reading, Ordinance No. 99 -17, Easement Vacation, Oak Brook Peninsula. VOTE REQUIRED: 3/4 Vote Required to Continue BACKGROUND: This item was continued at the February 14, 2000, City Council meeting. The parties involved have agreed to mediation through Anoka County. There is no new information to present. • RECOMMENDATION: Continue to the March 13, 2000, City Council meeting • • • • Planning & Zoning Board February 9, 2000 Page 1 CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : February 9, 2000 • 6:30 P.M. 8.19 P.M. Johnson, Corson, Schaps, Rafferty, Zych, and Lane Schilling City Planner, Smyser; Cindy Sherman and Planning Consultant I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning p.m., February 9, 2000. II. APPROVAL OF MINUTES — Jan ng Board meeting to order at 6:31 Johnson requested a correction on distance from Lexington to S enth paragraph, which incorrectly states a ked staff to correct that paragraph. Mr. Johnson made a MOTIO ' .rove the corrected minutes of the January 12, 2000, meeting of the Lino Lakes Planning & Zoning Board, and was supported by Ms. Lane. Motion carried 6 -0. III. APPROVAL OF AGENDA The agenda was approved as presented. IV. OPEN MIKE Chair Schaps declared open mike open at 6:34 p.m. Mr. Corson moved to close open mike at 6:35 p.m., and was supported by Mr. Rafferty. Motion carried 6 -0. V. ACTION ITEMS Planning & Zoning Board February 9, 2000 Page 2 A. Highland Meadows, Site Plan Review for Townhomes and Final PDO Plan Staff advised that on January 10, 2000, the City Council approved the amended preliminary plat and amended PDO for the Highland Meadows subdivision. TSM Development has submitted a complete site plan application for the townhome development which is subject to the review of the Planning and Zoning Board for recommendation and approval of the City Council. The applicant has also submitted the Final Plat for Highland Meadows West and is seeking approval for the Final Plat to proceed. The site is zoned R -3, Medium Density Residential, and is designated for Single Family Residential use in the City's Comprehensive Plan. To accommodate the development proposal, approval of the Site Plan review for the multi - family area and Final Plat for Highland Meadows West would be necessary. TSM Development has submitted an application for Final Plat. The request is to plat 55 single family lots, 52 multi - family lots, a lot for common space in the multi - family area and Outlots A -F as Highland Meadows West. The p osed final plat is consistent with the approved preliminary plat. Staff presented the site plan, advising of exte t ations, and access points. The landscape plan was presented and areas of . dditi s slantings and landscape treatment pointed out. Staff has asked that access t nd 36 be modified to provide a better circulation pattern and added • � s c taff found the site plan is consistent with the general layout submitted .r minary plat and it meets the intent of the ordinance regulations. The final plat is also consist approval of the Final Plat for the Highland Meadows Multi -Fa e approved preliminary plat. Staff recommended d Meadows West and approval of the Site Plan for ly Area based on conditions. Mr. Rafferty noted the front elevations and asked if color restrictions are placed on the project. Staff stated she did not ask for that information since the City's ordinance does not provide for that type of restriction. It was noted that all of the units will be constructed by one builder and a homeowners association will be involved. Mr. Rafferty inquired regarding Outlot C. Staff presented a diagram that identified the location of Outlot C which is part of the same plat but not adjacent in location. Mr. Corson asked about the option of using the green space area for infiltration from the driveways. Staff stated it was felt to be a maintenance concern since it is generally only two feet wide. Mr. Smyser requested further clarification on the staff recommendation and conditions being placed. • • • f • • • Planning & Zoning Board February 9, 2000 Page 3 Ms. Sherman pointed out the location of Units 35 and 36 and the driveways accessing the cul -de -sac. She explained there was concern about the possibility of confusion plus there is only five feet of green space so staff recommends the access to Units 35 and 36 be provided from the other side with the proposed access being turned into green space. Also, signage will be provided to indicate where access to the units is provided. Mr. Corson asked if these issues have been reviewed by the Fire Marshal. Mr. Smyser advised that the Fire Marshal had expressed no concerns with the original design but, perhaps, this changed access point should be reviewed as well. Chair Schaps asked that Condition #2 be modified to include review and approval by the Fire Department and Police Department. The Board concurred. Mr. Rafferty asked if there are similar access restrictions and limited green space areas with Units 26, 32, and 31. Ms. Sherman advised that patio block pavers have been suggested for use rather than concrete walkways which staff felt was a good alternative. Steve Schmitt, TSM Development, the developer conditions and has no objections. He advised t who will construct the units. He stated he bel' earth -tone color and a homeowners associ on for exterior maintenance. ed he has reviewed staff's the project to Eagle Crest e siding will be some type of gray or e created and collect monthly fees have Mr. Corson made a MOTION to a Family Area based on the followin i' s: to Plan for Highland Meadows Multi- 1. The final landsca.' "' an i L: ubject to the review and approval of the City Environmental Speciali a). A foundation- planti g plan shall be submitted for review and approval prior to issuance of building permits. b). Landscape plantings shall be added on the south side of Oak Drive and around ponding/wetland to include native materials /seeds as buffer areas and as part of the surface water treatment drain. 2. Access to units 35 and 36 shall be provided from the north and no access shall be provided from the cul -de -sac subject to the approval of the Fire Chief and Police Department. 3. Curb cuts shall be limited to 26 feet in width for accesses onto public roads with a minimum 10 -foot separation. 4. Green space /rock separations shall be eliminated between driveways. 5. A lighting plan shall be submitted for the review and approval of the Police Department. 6. Street, drainage and utility plans are subject to the review and approval of the City Engineer. 7. All conditions of Preliminary Plat approval remain in effect. Planning & Zoning Board February 9, 2000 Page 4 The MOTION was supported by Mr. Johnson. Motion carried 6 -0. Mr. Johnson made a MOTION to approve the Final Plat for Highland Meadows West, and was supported by Ms. Lane. Motion carried 6 -0. This item will go before the City Council Monday, March 13, 2000, 6:30 p.m. B. PUBLIC HEARING, Shiloh Church, 1189 Main Street, Conditional Use Permit Chair Schaps declared the public hearing open at 6:55 p.m. Mr. Smyser advised that Shiloh Church of Lino Lakes has approached the Lino Lakes Senior Citizens requesting permission to use their space at 1189 Main Street (the old City Hall) for church services. The property is zoned Rural and churches are only allowed with a Conditional Use Permit (CUP). In addition to the church needing a CUP, the City's lease with the Seniors did not provide for othe sers. Staff reviewed that lease and is revising it to ensure that the Seniors can sc � *they users in the building and that a church can be accommodated. The Senio e able to schedule their leased space according to guidelines in the le. ; ment and those guidelines will include churches with a CUP. Staff presented the required findings to consider approval of a CUP and recommended approval of the Cone ` • U Permit for Shiloh Church based on findings and conditions indicated i�� ta report. Ms. Lane inquired regardin ed dates for use. Mr. Smyser stated the Church will only be using the space on ys. Mr. Johnson asked if there are concerns with regard to maximum occupant capacity. Mr. Smyser stated plaques exist over the doors indicating the maximum occupancy capacity which totals 300 people between the old Council Chambers and Community Room. However, staff believes a more realistic number is 200 occupants. Mr. Johnson stated he has seen other locations where churches are allowed to erect a temporary sign the day before the event which would provide more publicity. He suggested a wording revision to allow the placement of the sign 24 hours prior to the event with it being removed within one hour of the event. Mr. Smyser stated that could be done but the issue is how much use of the City's facility they want to allow. Chair Schaps asked the Planning Boardmembers if any objected to allowing the sign to be placed 24 hours in advance. No objections were voiced. • • 1 • Planning & Zoning Board February 9, 2000 Page 5 Mr. Rafferty asked if neighbors objected to the proposed use. Mr. Smyser stated that residents within 350 feet were notified and no comments were received. He advised that services have already been held at this site because they did not know of the need for a CUP and no complaints have been received. Mr. Rafferty stated he does not believe there are 40 parking stalls in front of this building and asked if there are additional parking stalls in the maintenance area. Mr. Smyser used a diagram to advise of the locations of parking. He estimated there are 60 parking stalls on the site and stated that staff will keep an eye on the parking situation in case a problem were to arise. Mr. Corson noted that a sign permit is being required and asked what that would entail. Mr. Smyser advised that a sign permit is required for a temporary sign such as this and the duration of the permit would be for a period of time, such as a year. Chair Schaps asked if the intent is to lease to the Church for Sunday use only. Mr. Smyser explained that lease has not yet been negotiated but he believed that was the intent. Chair Schaps asked if the City is concerned ." t additional Church use, such as several times a week. Mr. Smyser explained it wo ���� �� eft up to the Seniors to determine how much time they want to subleas the h. Mr. Zych asked if the Senior's lease addre es li 't so the City is held harmless from accidents, etc. Mr. Smyser stated he has e draft lease and liability issues have been addressed, although he is not su f ecifics. The draft lease is now being reviewed by the City Attorney. Neuland Midkiff, founder of his wife is from Minnesota offer and if allowed by City or tated he is from the Texas/Louisiana area but 'ved here for years. He stated they appreciate the , they intend to place a mobile sign so it can be easily moved. Mr. Midkiff stated ey have already secured insurance and understand they would be held liable should there be a slip and fall accident, etc. He stated they have been told everything must comply with the Senior's lease and they will remain flexible to cancel mid -week services such as the women's group meeting, women's outreach group, prayer group, etc. which are held once a month. Mr. Midkiff stated they may also be interested in occasionally using the softball field. He stated that once they grow beyond this facility, they hope to construct their own building. Ms. Lane made a MOTION to close the public hearing at 7:13 p.m., and was supported by Mr. Rafferty. Motion carried 6 -0. Mr. Johnson made a MOTION to approve the Conditional Use Permit for Shiloh Church based on findings as indicated and on the following conditions: • 1. Shiloh Church shall enter into a facility use agreement with the Lino Lakes Seniors subject to the Seniors' lease with the City. Planning & Zoning Board February 9, 2000 Page 6 2. Adequate parking must continue to be available. Parking shall be reviewed annually by City Staff to assure adequate capacity for continued use of the facility by the Church. If parking becomes inadequate due to growth in Church membership, the City may require the Church to relocate. The City shall establish a reasonable amount of time for the Church to do so. 3. The Church will be allowed a temporary sign, to be placed no more than 24 hours prior to events and removed one hour following events. The sign size and other characteristics shall meet with the requirements of the City's Sign Ordinance (no flashing beacons). A sign permit is required. The MOTION was supported by Mr. Zych. Motion carried 6 -0. This item will go before the Council Monday, February 28, 2000, 6:30 p.m. C. PUBLIC HEARING, (Continue to March 8, 2000), Bluebill Ponds, Preliminary Plat Staff recommended the public hearing be continued e March 8, 2000, Planning and Zoning Board meeting as the preliminary plat desis of been finalized. Mr. Corson asked if a continuance would im Smyser stated that is not an issue since a c He updated the Board on negotiations cu Smyser advised that property owners on that aspect and it is hoped the Mr. Corson made a MOTIO Planning and Zoning Board 0. deadline for consideration. Mr. lication has not yet been received. sway on the road alignment. Mr. oned for the road so staff is also working a condemnation action. the public hearing to the March 8, 2000, d was supported by Ms. Lane. Motion carried 6- D. Tom & Roxanne Traver, 6750 West Shadow Lake Road, Variance Staff advised Tom and Roxanne Traver have requested a variance to allow construction of a single - family home at 6750 West Shadow Lake Drive within one hundred feet of the Ordinary High Water Level (OHW) of Reshanau Lake. The property is zoned Rural but considered a pre- existing non - conforming lot of record as it was platted in 1982 prior to adoption of the 10 -acre minimum requirement for rural lots and adoption of the Shoreland Ordinance. The applicant has agreed to construct the house at the 30 -foot front setback line and 20 feet from the side setback line but a variance of 16 feet to 27 feet into the 75' setback from the OHW is being requested. Staff presented the required findings and criteria to consider approval of a variance and recommended approval based on findings and conditions indicated in the staff report. • • p 1 s • Planning & Zoning Board February 9, 2000 Page 7 Chair Schaps noted that West Shadow Lake Road is designated for improvement some time in the future. He asked if this house would be about 25 feet from the curb cut if that were to occur. Mr. Smyser explained that the setback distance is measured from the edge of the right -of -way, not the pavement, and he is not aware that any additional right -of- way would be needed for that project, should it occur. Chair Schaps stated that the 40 -foot natural buffer would be one of the few on the lake. He noted that all surrounding developed lots have lawn area to the water and asked about the purpose of imposing this buffer requirement on this property. Mr. Smyser stated it would serve the purpose of a more stable lake edge and protect the lake. He stated that manicured lawns are not very stable and erode easily but a natural vegetation area is more stable. Chair Schaps stated that if this lot were the first to be developed on this lake, he could see considering this buffer requirement. However, in this case, he believed it was unfair since it is the second to the last lot being developed on this lake and this requirement has never been required of other lots. He commented on the steps being taken to improve the lake and stated he does not believe this buffer area w 2 esult in a real benefit. Chair Schaps stated that he understands its intent but in e does not support a buffer requirement. Mr. Corson stated that he shares this conc as native material. He stated if it is requi drainage easement rather than the 0 most of the back yard would be left d suggest the buffer area start at the s quite a distance into the lot area. Chair S chaps stated there will be a the level of the lake so any n applicant for his input. de" le amount of fill needed on this lot due to ive material will be covered. He asked the Vernon Vanderlik, stated he is ap earing on behalf of the builder and owner who were not available tonight. He stated that he is sure the applicant would appreciate the removal of the buffer requirement. However, they would comply with whatever conditions are placed. Mr. Vanderlik stated the basement will be approximately two feet above the existing grade so the fill will be at least up to the vegetative area. Ms. Lane stated if she lived on this lake she would view the buffer as an eyesore since it would only be on this single lot. Mr. Corson stated the concern is to keep sediment out of the lake, especially during construction and suggested the buffer be required during construction and for several years until the landscaping is established. Chair Schaps stated he is confident there are neighbors all around this lot who will be watching to assure there is no sedimentation going into the lake. He stated that he shares the concern expressed by Ms. Lane and does not believe a buffer strip such as this would Planning & Zoning Board February 9, 2000 Page 8 be appropriate for this lake. He advised of the education that has been occurring regarding the damage caused by fertilizers and progress made in that regard. Chair Schaps stated this is a recreational lake and he does not believe this condition would be fair to impose on the applicant. Mr. Corson suggested that during the construction period they be required to place silt fence to eliminate sedimentation into the lake. Mr. Vanderlik stated they would not object but do intend to start construction shortly so there may be some problem with installing silt fence posts into the frozen ground. He stated it is their intent to leave the surrounding ground natural but it is the property owner's decision with regard to what happens to the groundcover after construction. He noted that this land has very little slope. Mr. Corson noted that the erosion control could be installed in the newly placed fill which would not be frozen. Chair S chaps suggested the applicant talk with several of the neighbors regarding the high water level. Ms. Lane noted the comment from the DNR sa setback being maximized and placing the veg the DNR approved the City's Shoreline 0 � inan grant the variance. He advised that staff Boardmember's comments regardin they of object subject to the lake uffer. Mr. Smyser explained that t the City does have the authority to a supplemental report to convey the to the City Council. Ms. Lane made a MOTION to ap single - family home at 6750 High Water Level of Resha conditions: ariance request to allow construction of a Lake Drive within 100 feet of the Ordinary ased on findings as indicated and on the following 1. The home is constructed at the 30 -foot front setback line with a varied lake setback of 71 feet to 84 feet. 2. A revised survey document is provided for building permit purposes. The MOTION was supported by Mr. Johnson. Motion carried 6 -0. This item will go before the City Council Monday, February 14, 2000, 6:30 p.m. E. Anoka County Parks, Beach Improvements, Centerville Lake Staff stated the application from Anoka County Parks is for a Site and Building Plan Review for four structures on the west side of Centerville Lake which is within the Rice Creek Chain of Lakes Regional Park Reserve. The Park is zoned PSP, Public Semi - Public. Public parks and recreational facilities as well as all public county government • • • • Planning & Zoning Board February 9, 2000 Page 9 buildings are permitted uses in this zoning district. The site is within a shoreland overlay district as well, so shoreland regulations apply. Staff described the four structures to be built as being a 20 foot by 20 foot gazebo, a 20 foot by 20 foot multi - purpose building, a 25 foot by 25 foot restroom building, and a 50 foot by 50 foot picnic shelter. Staff recommended approval of the Site and Building Plan Review with conditions. Ms. Lane asked why Lino Lakes is responsible for this project since it is County land. Mr. Smyser explained that the City has jurisdiction and review authority over this County -owned land. Chair Schaps asked if there will be a beach improvement. Mr. Smyser stated that the County will do some grading and beach improvement and has discussed that work with the City Engineer. Ron Cox, Anoka County Park Planner, advised of the newly installed retaining wall and sand -based beach which can be graded and improve and believe this will be a premium park. Mr. Cox locations, beach area, parking lot, settling basin heavily used, there is an area for future expan the entrance road and boat landing that is the golf course will also be installed and connections may be made. Mr. Rafferty noted the mention o include concrete. Mr. Cox e phase with the buildings bu He diagrammed the location a e stated they toured other parks ed a diagram of the building po £ g area. If the beach is r. Cox reviewed the alignment of ing installed. A trail connecting to e future, neighborhood trail alkways and yet the contract does not oncrete walkways are not included in the first the contract that is opened on February 29, 2000. ment of the trail system. Mr. Rafferty asked if the cedar lap siding will be stained. Mr. Cox stated it would be stained a natural color and advised of the County's existing maintenance program. At the request of the Board, Mr. Cox presented the proposed park plan, points of entry, contact station, campground, and advised of their attempt to address a drainage concern to provide proper filtration. Mr. Rafferty asked when these phases will be completed. Mr. Cox stated they want the beach house and beach completed by Memorial Day weekend with the trails completed in June or July. Mr. Johnson made a MOTION to recommend approval of the Site and Building Plan Review for four structures on the west side of Centerville Lake based on the following condition: Planning & Zoning Board February 9, 2000 Page 10 1. Final utility plans shall be submitted for review by and obtain the approval of the Lino Lakes City Engineer. The MOTION was supported by Mr. Zych. Motion carried 6 -0. This item will go before the City Council on February 28, 2000. VI. DISCUSSION ITEMS A. Town Center Update: Rezoning and Special Meetings Staff advised that meetings have been held to address the Town Center and the zoning standards are being prepared. The Planning & Zoning Board has held three meetings to address the design standards and will meet again on February 17, 2000 at 6:30 p.m. Mr. Smyser requested the Board schedule the next meeting dates. Following discussion, consensus was reached to schedule special meetings to review the Town Center on Tuesday, February 22, 2000, at 7:00 a.m., and Wednesday, March 1, 2000, at 7:00 a.m. VII. ADJOURNMENT Mr. Johnson made a MOTION to adjourn e m ��. at 8:19 p.m., and was supported by Ms. Lane. Motion carried 6 -0. Respectfully Submitted, Carla Wirth, Recording Sec TimeSaver Off Site Secretaria • • •