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09/25/2000 Council Packet
i • • AGENDA UPDATED AGENDA CITY OF LINO LAKES Monday September 25, 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) August 14, 2000 Council Minutes ii) September 9, 2000 Special Work Session Minutes iii) September 16, 2000 Special Work Session Minutes B) Consideration of Expenditures: i) September 25, 2000 (Check No. 59877 - 60066 in the amount of $197,945.20) ii) Centennial Fire District 2 Open Mike 3. Administration Department Report, Dan Tesch A) 2000 Community Service Award, Dan Tesch (to be awarded on October 9, 2000) 4. Finance Department Report, Al Rolek 5. Public Safety Department Report, Dave Pecchia A) Crime Prevention Proclamation, (3/5 Vote Required) Dave Pecchia B) Fire Prevention Proclamation, (3/5 Vote Rcquircd)Milo Bennett 6. Public Services Department Report, Rick DeGardner Page 1 • • • AGENDA 7. Community Development Department Report, Brian Wessel A) Consider Variance Request for Mark Pariseau, 6101 Centerville Road, (3/5 Vote Required) Mary Kay Wyland B) Resolution 00 -79, authorizing application for the Livable Communities Demonstration Program, 3/5 vote Required), Mary Alice Divine C) Consider Otter Lake Road, Minor Subdivision (3/5 Vote Required) Jeff Smyser D) Consider Central Suburban Inc. Site Plan Review, (3/5 Vote Required), Jeff Smyser E) Consider Deer Meadow Site Plan Review (407 Main Street), (3/5 Vote Required), Jeff Smyser F) Resolution No. 00 -64, Adopt Assessment Roll, Twilight Acres lst and 2nd Additions, (3/5 Vote Required), John Powell (Staff Report to follow on Friday) 8. Unfinished Business 9. New Business A) Public Hearing on Ordinance 14 -00, Adopting a Franchise Agreement with Reliant Energy Minnegasco (3/5 Vote Required), Linda Waite Smith B) Public Hearing on Ordinance 15 -00, Establishing a Meter Fee for Customers of Reliant Energy Minnegasco (3/5 Vote Required), Linda Waite Smith 10. Community Calendar, September 25, through October 9, 2000: A) Monday, September 25, 2000, 6:30 p.m., City Council Meeting B) Wednesday, September 27, 2000, 6:30 p.m., Environmental Board Meeting C) Monday, October 2, 2000, 6:30 p.m., Park Board Meeting D) Wednesday, October 4, 2000, 5:30 p.m., Council Work Session E) Thursday, October 5, 2000, 7:00 a.m., EDAC F) Saturday, October 7, 2000, 9:00 a.m. to 3:00 p.m., Fall Recycling Day Page 2 AGENDA G) Monday, October 9, 2000, 6:30 p.m., City Council Meeting 11. Adjourn Revised 9/20/00 Mary Alice Divine 9:30 a.m. • • Page 3 • • DRAFT CITY OF LINO LAKES MINUTES DATE : August 14, 2000 TIME STARTED : 6:38 P.M. TIME ENDED : 8:40 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Bill Hawkins; City Engineer, John Powell; Community Development Director, Brian Wessel; City Planner, Jeff Smyser; Economic Development Assistant, Mary Divine(part); Chief of Police, Dave Pecchia (part); Fire Chief, Milo Bennett (part); Finance Director, Al Rolek (part); and Public Services Director, Rick DeGardner SETTING THE AGENDA Item 10A, Discussion of Council Calendar, was added to the agenda. The agenda was approved as amended. CONSENT AGENDA The City Administrator advised the June 7, 2000, Council work session minutes were previously removed from the consent agenda for further review. Council Member Dahl moved to approve the Consent Agenda, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. ITEM MINUTES: July 19, 2000, Council Work Session July 24, 2000, Council Meeting DISBURSEMENTS: August 14, 2000 (Check No. 59513 - 1 ACTION Approved Approved 59656, $310,831.16) July Manual Disbursements • ($10,774.05) Centennial Fire District Consider Approving Amended Fee Schedule Resolution No. 00 - 39A Resolution No. 00 - 76, Accepting Donation Of Two Cellular Phones for Use by the Lino Lakes Police Department Approve Election Judges List Consider Sandburr Days Event Application, 3.2 Beer Permit, Cabaret Licenses for Circle -Lex Lions on September 8,9,10, 2000 & Resolution No.00 -74 OPEN MIKE Approved Approved Approved Approved Approved Approved Approved Steve Garske, Introduction of Par - Aide Company, 6800 Otter Lake Road - Mr. Steve Garske, President of Par - Aid Company, came forward and distributed a 2000 catalog of their products. He stated the company is a 45- year -old manufacturing company that will be relocating to Lino Lakes in September 2000. He introduced himself and stated he is pleased that the company will be located within the City. 10American Legion (Andy Neal/Patti Coleman), Recognize an Outstanding Lino Lakes Teen - Mr. Andy Neal, resident and former Council Member, came forward and thanked everyone for what they have done for the American Legion. Ms. Patti Coleman, President of the Ladies Auxiliary, came forward and stated she picks two (2) young ladies every year to attend the Girls State. She introduced Ms. Jennifer Wong, Governor of the 2000 Minnesota Girls State. Ms. Wong came forward and stated Girls State is a wonderful program that would not be possible without the American Legion. She gave an overview of the Girls State Program and the week she spent there. She stated the program taught her not to take freedom for granted and to honor those who have fought for that freedom. She stated the program also encouraged those in attendance to get involved in government. She stated the program was beneficial to all that were involved. Update on Twilight Acres - The City Administrator advised staff met with 11 residents last week regarding Twilight Acres. The discussion included the following options that need to be explored relating to failing septics: 1. Another survey to determine the level of the resident's willingness to pay for this project. 2. Placing the project on the ballot this fall for consideration. 3. Making a specific funding request to an agency other than the City. 2 4. Modifying the project to include alternative means of providing utility service. The City Administrator advised staff will explore the above options and another meeting will be held. Staff is recommending the public hearing be continued to the August 28, 2000, Council meeting. Mr. Lyle Bye, 775 Vicky Lane, came forward and thanked staff for working with the residents regarding this issue. Mr. Raymond Johnson, 7971 Nancy Drive, came forward and stated he will refrain from making comments until August 28, 2000. Mr. John Hudgens, 6661 Pelican Place, came forward and stated he had asked at the previous Council meeting about the time frame regarding the County's turn back money for Highway 49. He requested an update from Council. The City Engineer advised that question must be answered by the County. He stated he has left a message for the County Engineer regarding this issue. Mr. Hudgens inquired about the format of the special Council work session relating to this issue. Mayor Bergeson advised the purpose of the meeting is for Council Members to get an update and discuss the project. The meeting will not include a public hearing. There will be other opportunities for resident input. Council Members have not had any additional discussion regarding the project. The meeting is open to the public. The City Engineer referred Mr. Hudgens to Mr. Olson, County Engineer, regarding the turn back funds. Mayor Bergeson directed staff to contact the County Engineer again regarding the turn back funds. Ms. Arlene Averbach, 7855 Lake Drive, came forward and expressed concern regarding her neighbor losing a tree to oak wilt. She stated she has many mature trees close to the dead tree. The City Forester visited the site and suggested curdling the trees. She stated she called a consultant and the consultant stated curdling is not an option. The consultant injected the trees. The City of Ham Lake is paying for the trenching of trees and possibly the partial cost of injecting trees to help this problem. She stated the City Forester did not even mention injections. She stated it is possible she would have lost three (3) trees. She stated she wants the property trenched this fall or at least five big Oak trees will die. She asked the City to take a proactive look at this problem. Mayor Bergeson directed staff to investigate and follow up with Ms. Aberbach regarding this issue. No one else was present for open mike. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consider Hiring Les Rydeen as Full -time City Mechanic (3/5 Vote Required), Dan Tesch - Staff advised the last day of work for Randy Meyer, the City Mechanic, was August 4, 2000. The City was fortunate enough to have had Les Rydeen working along side Mr. Meyer for the past several months in a seasonal capacity. When asked about continuing with the City in a full -time capacity, Mr. Rydeen accepted. Mr. Rydeen has been doing a great job as mechanic, and comes highly recommended by the Public Works Superintendent. This offer is contingent upon a physical exam, and pre - employment drug test and will take effect August 16, 2000. • 3 Council Member Carlson moved to extend a conditional offer of employment to Les Rydeen, contingent upon a physical exam and pre - employment drug test. Council Member Reinert seconded the motion. Motion carried unanimously. 12001 Commission and Media Center Budgets (3/5 Vote Required), Dan Tesch - Staff referred to the proposed 2001 Budgets for both the North Central Metro Telecommunications Commission ( "Commission ") and the North Metro Media Center ( "Media Center "). The Commission's operating budget for 2001 is proposed at $272,478. This is an increase of $59,433 over the 2000 budget. The increases are primarily in the following areas: 1. Digital equipment acquisition & facility improvement. 2. Legal and consulting bills due to franchising and renewal process. 3. Lobbying activities designed to combat legislation that could prove devastating to local franchising authority. The Media Center proposed budget for 2001 is proposed at $509,280. This includes a recommendation from the Operating Committee (city administrator /staff member from each member city) that the subscriber's monthly PEG fee be increased from $2.25 /month to $2.30 /month. The increase is necessary for the Media Center to meet marketing, staffing and equipment goals over the next five -(5) years. The City will be receiving approximately $27,500.00 in franchise fees in 2001. Council Member Carlson moved to approve the budgets as presented. Council Member Dahl seconded the motion. Motion carried unanimously. FINANCE DEPARTMENT REPORT, AL ROLEK 11111999 Audit Report, Ron Hedberg - Mr. Hedberg, LarsonAllen, came forward and stated the audit report was reviewed in detail at the last Council work session. He stated he will give a brief overview of the audit. Mr. Hedberg advised there were two (2) findings in the report: bids were not being retained on file and bids were not being advertised in the legal newspaper. Mr. Hedberg briefly reviewed the information regarding the summary of the Town Center Funds, fund balance compared to the fund balance for the past ten years, and the summary of debt service. Council Member Carlson stated the breaking point for the Town Center in 1998 was $4.68 per square foot. She stated it is currently $6.09 noting a small portion is interest. She asked if that was repayment for a loan. Mr. Hedberg advised the loan was not included in the 1998 break -even point. He stated he believes that is the only loan. The money was paid back to the water and sewer fund. Council Member Carlson moved to accept the Audit Reports as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA SECOND READING, Ordinance No. 11- 00, Open Burning (3/5 Vote Required), Milo Bennett - Staff advised it has been many years since the Open Burning ordinance has been updated in Lino Lakes. The proposed ordinance replaces the present ordinance and goes into more detail and definition than the present 4 ordinance. Items such as the burning of leaves or grass clippings are still prohibited under the new ordinance. It also has a time of day limitation for recreational fires. These fires can only exit after 11:00 a.m. and before *3:00 a.m. There is a provision in this ordinance for a fee for a burning permit. The actual fee to be set by City Council resolution. Both Centerville and Circle Pines have adopted the ordinance that is being proposed definition of a recreational fire noting a recreational fire does not need a burning per Member Dahl moved to approve SECOND READING, Ordinance No. 11 - Member O'Donnell seconded the motion. . Staff explained the rmit. 00, as presented. Council Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Ordinance No. 11 - 00 can be found in the City Clerk's office. SECOND READING, Ordinance No. 12 - 00, Adopting the Minnesota Uniform Fire Code (3/5 Vote Required), Milo Bennett - Staff advised every 3 -4 years, the State of Minnesota adopts an updated Uniform Fire Code. When the state adopts this code, it becomes the fire code to be used throughout the state. By adopting the same code, it gives the local fire inspectors the authority to enforce the code when doing their inspections. This has proven to be very beneficial in reducing the fire losses and the adoption of this code is "'standard practice in a large number of communities. Council Member Reinert moved to approve SECOND READING, Ordinance No. 12 - 00, as presented. Council Member Dahl seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. The City Attorney advised the ordinance will go into effect 30 days after publication. Ordinance No. 12 - 00 can be found in the City Clerk's office. Consider Resolution No. 2000 - 75, Accepting Donation from Centennial Fire Relief Association, Chief Pecchia - Staff advised the Centennial Fire District has graciously donated $1,332.00 to offset the cost to match funds for a grant to purchase a total of six (6) Tire Deflation devices. The Lino Lakes Police Department received a grant to purchase three (3) sets of Tire Deflation devices. Part of the grant requirement is to provide matching funds. Centennial Fire District is aware of this goal and has donated $1,332.00 for the cost of the matching funds. The purpose of Resolution No. 2000 - 75 is to accept and publicly thank the Centennial Fire District for their generous donation. 5 Mayor Bergeson inquired about any liability issues with the use of these devices. Staff advised the Police Department has changed its police pursuit policy to comply with current legislation. The City Administrator asked for clarification regarding uniforms. Staff advised the resolution is correct ',regarding the issue of uniforms. Council Member Dahl moved to adopt Resolution No. 2000 - 75, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 2000 - 75 can be found in the City Clerk's office. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL PUBLIC HEARING, Resolution No. 00 - 64, Adopt Assessment Roll, Twilight Acres 1St and rd Additions, John Powell - Staff advised the public hearing for this item is continued from the July 24, 2000, City Council meeting. Many residents made statements and asked questions about the proposed assessment amounts, the Public Improvement process (Statute 429), and the City Charter. Specific information from the City Attorney and Charter Commission was requested in order to clarify the 60 -day waiting period status. City staff has received and distributed opinions from both the City Attorney and the Chair of the Charter Commission regarding this issue. A resident also indicated he had contacted the Metropolitan Council and the Minnesota Pollution Control Agency and received assurance there were funds available for this type of project. City staff again contacted •both of these agencies and the Minnesota Department of Health regarding grant funding availability specifically to help pay assessments for connection to City utilities. Staff was unable to identify alternative funding sources. Many of the funding sources relate to replacement of on -site systems, low interest loans, or have income restrictions. The first meeting of the Twilight Acres Work Group regarding the septic systems was held last Thursday evening, August 10, 2000, with several residents, the City Administrator, and City Engineer. The group specifically asked that the following issues be considered: 1. Another survey to determine the level of the resident's willingness to pay for this project. 2. Placing the project on the ballot this fall for consideration. 3. Making a specific funding request to an agency other than the City. 4. Modifying the project to include alternative means of providing utility service. Staff will need time to investigate these issues and report to the City Council. Staff recommended continuing the public hearing at least until the August 28, 2000, Council meeting. Council Member Reinert asked if City staff had contacted the individuals that residents indicated they had spoken to about funding. Staff advised they contacted two individuals that Mr. Bye had indicated he spoke with. Two representatives from the Minnesota Pollution Agency and the Department of Health were contacted. There is funding available for failing septics. There is no funding to help pay for assessments for connection to • 6 City utilities. Council Member O'Donnell moved to continue PUBLIC HEARING, Resolution No. 00 - 64, Adopt SAssessment Roll, Twilight Acres 1st and 2nd Additions, to the August 28, 2000, Council meeting. Council Member Carlson seconded the motion. Staff inquired about any Council objections regarding the steps staff will take explore further options. Mayor Bergeson advised the steps staff has outlined are appropriate. Motion carried unanimously. PUBLIC HEARING, Main Street Trunk Utilities, John Powell - Staff advised on July 24, 2000, the City Council received the feasibility report for this project and set a date for a Public Hearing. In order to allow additional time for discussion of the project schedule with the developer of Bluebill Ponds and notification, staff is recommending the hearing be continued to August 28, 2000. Council Member Reinert moved to continue PUBLIC HEARING, Main Street Trunk Utilities to August 28, 2000. Council Member Dahl seconded the motion. Motion carried unanimously. FIRST READING, PUBLIC HEARING, Ordinance No. 13 - 00, Vacating Elmcrest Avenue from 400 feet south of Main Street to Cedar Street, John Powell - Staff advised the developer of the Wenzel Farm project in the City of Hugo has requested the vacation of the City of Lino Lakes' portion of the Elmcrest Avenue right - of -way. This roadway is also known as 24th Avenue and Tart Lake Road. The purpose of the vacation is to allow the developer to incorporate this area into their landscaping and trail plan and provide a buffer between the residential development in Hugo and the commercial development in Lino Lakes. The only access of concern to Lino Lakes in the proposed vacation area is the Construction Laborer's Training The driveway. For this reason, the vacation begins 400 feet south of Main Street, and south of the driveway. City staff has determined that the use of this area for a roadway is not needed for public purposes, however, the City does need to retain a drainage and utility easement over the vacated area. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two (2) readings, publication, and a waiting period before it is in effect. The publication will not occur until the replacement north south roadway has been constructed in Hugo. Mayor Bergeson opened the public hearing at 7:38 p.m. Ms. Karen Cunningham, 2310 Cedar Street, came forward and stated she lives close to the roadway and has horse stables. She expressed concern regarding how the traffic will be rerouted. She stated there are many new homes that will be going in. There are many people who own horses in the area. She asked if horse trails could be developed in the neighborhood. She stated that currently, there are a lot of large trucks going past her house. She asked how that will change. She asked how Cedar fits with Elmcrest being taken away. Staff referred to a map pointing out the location of the proposed roadway. The trails and single family homes are part of the development going on in Hugo. Council Member Reinert asked for clarification regarding the location of the vacated roadway. Staff referred to a map noting the location is partially in Hugo. Hugo has vacated their portion contingent upon a new roadway. Mayor Bergeson asked if the trail is in Lino Lakes. Staff advised the trail is in both Lino Lakes and Hugo. The Public Services Director advised the proposed trail is a typical pedestrian trail. There have been no discussions relating to horse trails because there is no land conducive to that type of trail. Horse trails can be presented to the Park Board for discussion. Mr. Dan Woodburn, 2247 Arthur Court, came forward and stated a year ago there were discussions regarding connecting the commercial traffic. The discussion included the possibility of a north/south road to County Road 14. He asked if there are plans for Hugo to extend the western exit for commercial traffic. Staff advised the road connection is centered around Main Street and the proposed roadway. There was a proposal to improve Main Street. Washington County is studying that possibility. Council Member Carlson stated the option that Hugo is pursuing is to go across 61 along the northern edge of the industrial site and not carrying traffic across Cedar. Traffic should be calmer because it goes through a residential area. Mr. Woodburn asked if there are plans to blacktop Cedar. Staff advised the improvement of Cedar has been delayed 2 -3 years because the Metropolitan Council is going to construct an interceptor in that area. Mr. Woodburn stated when construction was done in that area the property markers were taken out. He asked if they will be replaced. Staff advised they will research the property markers noting there has been a lot of digging in that area. Council Member Dahl moved to close the public hearing at 7:50 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. Council Member O'Donnell moved to approve FIRST READING of Ordinance No. 13 - 00, as presented. Council Member Dahl seconded the motion. OCouncil Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted Y ea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. Consideration of Business Subsidy Agreement for Marmon/Keystone, Mary Alice Divine - Staff advised earlier this evening the Economic Development Authority held a public hearing regarding a proposed $322,242 business subsidy in the form of Tax Increment Financing to Marmon/Keystone for the construction of an 83,000 square foot facility in the Apollo Business Center. A new state statue requires that a public entity- in this case EDA- must find that the granting of a subsidy meets the best interests of the City. As required by state statue, the City Council is required to also approved the subsidy. This subsidy is to write down a portion of the cost of land and assessments on the project according to the terms of a development agreement. The development agreement includes the Subsidy Agreement, specifying the requirements under the Business Subsidy Law, including wage and job goals and annual reporting. Council Member Dahl moved to approve the business subsidy for Marmon/Keystone, as presented. Council Member Reinert seconded the motion. Motion carried unanimously. Consideration of Business Subsidy Agreement for Twin City Fab, Inc., Mary Alice Divine - Staff advised earlier this evening the Economic Development Authority considered a proposed $77,185 business subsidy in the form of Tax Increment Financing to Twin City Fab, Inc. for the construction of a 19,200 square foot facility ain the Apollo Business Center. As with the previous agenda item, state statue requires that a public entity -in this s case the EDA- must find that the granting of a subsidy meets the best interests of the City. The City Council is required to also approve the subsidy. The main component of this subsidy is to write down the cost of assessments. The development agreement •includes the Subsidy Agreement, specifying the requirements under the Business Subsidy Law, including wage and job goals and annual reporting. Council Member Reinert moved to approve the Business Subsidy Agreement for Twin City Fab, Inc., as presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. Town Center Development Standards Endorsement (3/5 Vote Required), Jeff Smyser - Staff advised the Planning and Zoning Board opened the public hearing on the new Town Center Development standards in April, 2000. It was kept open to allow extensive discussion and public input. The Economic Development Advisory Committee (EDAC) met on August 3, 2000, for further discussion of the proposed standards and voted on a recommendation. Planning and Zoning closed the hearing on August 9, 2000. The public hearing and discussion has been for educational purposes: to educate the public about the City's intent to create the new zoning district and standards, and to educate City staff and officials on what developers, land owners, and other think about the draft standards. Staff has not yet begun the formal process for amending the zoning ordinance and rezoning the Town Center area. The City has applied for additional grant money from the Metropolitan Council under the Livable Communities program. The City received a grant in 1998 to plan the Town Center. The City has applied for additional money to help implement the plan. The Met Council has let the City know that the development standards are important to show the City is serious about implementing the mixed use, compact development plan. While the City has yet to process the formal zoning amendment that is needed to officially adopt any new zoning district •or standards, we need to show substantial progress. EDAC voted to adopt a statement indicating support for the standards. The Planning and Zoning Board voted 6- 0 to adopt the statement with two (2) minor changes, which are underlined: Endorse the preliminary and draft Town Center standards as recommended by staff with the understanding that the City may revise specific language and requirements in the standards. (The signage standards (section 3.8) will be temporarily pulled from the standards for further review). Revisions would occur as part of the process for amending the City's zoning ordinance to include standards for a new Town Center zoning district. As noted above, the City will have to process the Town Center standards as an amendment to the zoning ordinance. There will be two elements to this zoning amendment: One element is the rezoning of the Town Center area. Our intent has been to rezone the areas currently zoned SC Shopping Center and LB Limited Business. (A rezoning is an amendment to the zoning ordinance, because the zoning map is part of the ordinance. The other element is the development standards for the new district. Every zoning district has its own subsection in the zoning ordinance that lists the standards for that district. The Town Center standards we've been discussing will be the subsection for the Town Center zoning district. State statute as well as the City's zoning ordinance regulate how to process a zoning amendment. Approval of a zoning amendment requires a 4/5 vote of the City Council. • 9 The two -(2) earliest possible schedules are listed below. Staff intends to schedule the hearing for the September 2000, Planning and Zoning Board meeting. Staff plans to finish refining the Town Center standards in time for that meeting. Latest date to send notice To newspaper Mail notice to property owner's Notice published in newspaper Public hearing at P & Z City Council action August 23 September 20 flexible flexible August 29 September 26 September 13 October 11 September 25 October 23 Council Member Carlson requested a map of the Town Center. She read the first element to the zoning amendment and asked if staff is still talking about rezoning the Village and the north/east and south/east quadrant. Staff advised at this point staff is still talking about rezoning those areas. Council Member Carlson asked if the same standards will apply through the north/east and south/east quadrants. Staff advised at this point the same standards will apply. Council Member Dahl stated the Town Center standards received from the Planning and Zoning Board and the copy she received in her Council packet are different. Staff indicated repeatedly at the Planning and Zoning Board meeting that the language can be revised. She asked if the City is allowed to change the mixed use or compact development plan or just the language. She asked how far the changes can go. Staff advised the purpose of the Town Center itself has always been a mixed use compact area. Staff defined .the term mixed use. Council Member Dahl asked if that can be changed if the Council or staff feels it should. Staff has indicated the zoning can be changed. She asked if the City is restricted in changing the zoning. Staff advised the reason behind the Town Center is to change it to a mixed use. If the City decides not to do so, there is no Town Center and the area will be left as is. Mayor Bergeson stated there are a lot of details to fill in relating to the concept plan. The motion does give a lot of flexibility to work on the details. The City Administrator asked if the Council has the ability to change the mix of development relating to residential, commercial and industrial use. Staff referred to the land use plan as it stands now. Staff reviewed the changes that have been made. The particular amounts of uses in the plan are flexible. Council Member Carlson asked if there is anything in the standards that can't be changed. Staff advised the City Council can change the zoning ordinance as they see fit. Nothing is being locked in at this point. Details of the standards will be discussed in much further detail and formally adopted by the City Council. Council Member Reinert suggested the endorsement be continued to allow time for further review. The Planning and Zoning Board is not looking at it until September 2000. He stated the best practice is for the Council to pass something that doesn't need to be changed. Mayor Bergeson stated the changes that are being discussed are details in the Design Standards. The motion is only an endorsement of the concept of having design standards. He stated that he does not believe continuing 10 • will change anything because the details have not yet been discussed. Council Member O'Donnell inquired about any risk of the grant if an endorsement is delayed. The Economic Development Assistant stated the reason the standards were put on this agenda is because an agreement is needed from the Council as soon as possible. The final grant application is due September 11, 2000. The issue at stake is whether or not this Council endorses the idea and concepts of the Town Center. Council Member Carlson stated a lot of work has been put into the document by staff and the Planning and Zoning Board. She stated she has remaining issues that she would like to discuss at the next Council work session. Council Member Reinert moved to continue Town Center Development Standards Endorsement to the August 28, 2000, Council meeting. Council Member Dahl seconded the motion. Council Member Carlson expressed the following concerns regarding the standards: 1. Putting standards on property the City does not own. The City has been negotiating with property owners for the past 2 -1 years. She stated she would like to hear from the property owners again regarding their opinion of the standards. The area has prime commercial property and the application showed 18.3 acres of housing on that property. 2. The grant money of $1.5 million sounds like a lot of money. However, the City has put a lot of money into the project. She stated she wants details on financing and if the grant will be enough to leverage the project. She stated she does not want to go to the taxpayers. 3. Extending Apollo as an "L" and putting traffic on 77th Street needs more discussion relating to traffic hours. 4. Having a service station food store on Apollo Drive. There is a service station food store already in the City that has been here and invested a lot of money. The established business would be put at a disadvantage. Mayor Bergeson stated that all of Council Member Carlson's concerns need to be considered but are not part of this motion. The City almost always has proposed zoning for property it does not own. Motion carried with Mayor Bergeson voting no. Final Plat, Clearwater Creek 4th Addition (revised) (3/5 Vote Required), Jeff Smyser - Staff advised the City Council approved the final plat for Clearwater Creek 4th Addition on July 24, 2000. There is a revision to that final plat. The revision is necessary because of the grade elevations on one lot where an existing home sits. With the creation of new lots, the driveway location must change for this existing house. This change in driveway location necessitates a change to the lot line. This in turn requires moving the lot lines for five (5) other lots. This situation affects Lots 1 -6, Block 3. Staff referred to a drawing showing those lots on the July 24, 2000, plat, the revised August 8, 2000, plat, and a comparison of the two (2). The table below lists the changes Lot width Lot width, revised • Lot number July 25 final plat August 8 final plat Change 11 5 78.90 75.23 -3.67 4 75.00 75.00 0 3 75.00 75.00 0 • 2 119.00 85.00 -34.00 lot depth lot depth 1 153.00 162.00 +9.00 The project is a planned development overlay, and included variations on the standard minimum lot widths. The final plat approved on July 24, 2000, conformed to the approved preliminary plat. On the August revision, the width of Lot 5 decreases slightly. Lot 2 width decreases by 34 feet, but the lot is still wider than the normal 80 ft. for an R -1 lot, and the building area within the setbacks is adequate. The size of the wetland and the drainage easement around it on Lots 1 and 2 has decreased significantly from the July 24 plat. The developer's engineer says that the July 24 plat was inaccurate, but the new August plat shows the correct size of the wetland mitigation plan that was approved by the Rice Creek Watershed District. The submitted information verifies the post - development wetland location shown on the revised final plat. As on the July 24 final plat, there are three (3) lots in the southeast corner of this 4th Addition that cross the boundary of the current MUSA. (Lots 14, 15, 16, Block 5.) These lots must be included in the final plat in order to construct the roads and utilities in that vicinity. Until MUSA is available, these lots will not receive building permits. This restriction is included in the development agreement. All aspects of the phasing plan for this development apply to the revised final plat. Council Member O'Donnell stated staff indicated there are one or more lots that have sold or have purchase agreements. Staff advised they are not sure if these lots are in this addition or in the larger lots. The realtor was *concerned about making the closing dates. Council Member Carlson moved to approve Final Plat, Clearwater Creek 4th Addition (revised), as presented. Council Member Reinert seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS Discussion of Council Calendar - Council Member O'Donnell asked for confirmation regarding the Comprehensive Plan meeting on Thursday, August 17, 2000, 8:30 a.m. Council Member Carlson advised she has requested the meeting be changed back to a budget work session for personal reasons. Mayor Bergeson advised a request has been made to hold the budget meeting on Thursday, August 17, 2000, due to the possible absence of a Council Member. The City Administrator advised a meeting has been scheduled Monday, August 21, 2000, 5:30 p.m., to discuss requests for changes to the land use plan. She stated staff may not have time to prepare for the budget meeting on Thursday. Staff will make a recommendation and fax all Council Members. Mayor Bergeson directed staff to schedule a budget work session Thursday, August 17, 2000, 8:30 a.m., noting the possibility of cancellation. //COMMUNITY CALENDAR AUGUST 15 THROUGH AUGUST 28, 2000: 12 City Council Budget Work Session, Thursday, August 17, 2000, 8:30 a.m., Centennial Fire Station #2 Council Work Session to Discuss Requests for Changes to the Land Use Plan, Monday, August 21, 2000, �:30 p.m. Council Work Session, Wednesday, August 23, 2000, 5:30 p.m. City Council Meeting, Monday, August 28, 2000, 6:30 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:40 p.m. Council Member Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, September 11, 2000. Ry -Chel Gaustad, CMC City Clerk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. • • 13 • EXPENDITURES SEPTEMBER 25, 2000 • Date: 09/19/2000 Time: 13:10:34 Ranges: Options: Operator: JAL Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 1190 1206 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount 0 ACCENT HOMES O ADAMS, TODD 59877 AFSCME COUNCIL #14 0 ALEXANDER, PAUL 0 ALTS, DAVE 59878 AMERICAN FAMILY LIFE A 0 ANOKA COUNTY G.I.S. DI 0 ARSENAULT, STEVE 0 BARRETT, MARK O BENOY, PATRICIA 0 BETTENDORF, RICHARD O BLANTON, MARK O BODE, CRAIG 0 BONFE HOME BUILDERS ID0 BORNHOFT, REID O BRETOI, CHRIS O BRINTZ, BILL O BROWN, AMY O CASANOVA, PAUL 0 CHICILO HOMES O COTE, MARK O DIMARTINO, DAVE 0 ECKER, MIKE 0 FIX, MIKE O FORNESS, KATHLEEN 0 GERMUNDSON, DAVID 0 GOELTL, LISA O GOODWIN, BILL 0 GORSKI, MARK 0 GRAMER, LISA O GUNDERSON, PETER 0 HILGER, PATRICK 59882 ICMA /MANAGEMENT ASSOCI 59883 INTL UNION OF OPER ENG O IRLBECK, BOB 0 JAMISO -LENZ, PAM • REIMB BLDG ESCROW /700 79 * * * * * * ** 500.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 PAYROLL WITHHOLDING * * * * * * ** 503.50 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 PAYROLL WITHHOLDING * * * * * * ** 119.20 PARCEL SEARCH * * * * * * ** 28.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMB BLDG ESCROW /6585 C * * * * * * ** 500.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 7.00 REIMB BLDG ESCROW /6573 C * * * * * * ** 500.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM EEC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 PAYROLL WITHHOLDING * * * * * * ** 3,864.54 PAYROLL WITHHOLDING * * * * * * ** 319.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 REIMBURSE PROGRAM REC * * * * * * ** 10.00 Date: 09/19/2000 Time: 13:10:35 Operator: JAL • Page: 2 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 0 0 0 0 0 59884 0 0 0 0 0 0 0 0 0 0 0 59886 0 0 0 59888 0 0 0 •° 0 0 0 0 0 0 0 0 0 0 0 0 59889 0 0 0 0 0 0 0 0 • Description Dept Amount JOHNSON, DANA REIMBURSE PROGRAM REC JOHNSON, THERESA REIMBURSE PROGRAM REC KENNEDY AND GRAVEN, IN PROFESSIONAL SERVICES KIRBY, DAVE REIMBURSE PROGRAM REC KNOWLAN'S SUPER MARKET SUPPLIES KUZMA, MARY KAYE REIMBURSE PROGRAM REC LARSON, JIM REIMBURSE PROGRAM REC LAVALLE, ROBB REIMBURSE PROGRAM REC LELS LUND, PAT PAYROLL WITHHOLDING REIMBURSE PROGRAM REC LYNCH, MIKE REIMBURSE PROGRAM REC MACKINNON, IAN REIMBURSE PROGRAM REC MATTICE, GREG REIMBURSE PROGRAM REC MCCALLUM CONSTRUCTION, REIMS BLDG ESCROW /6719 T * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** METRO COUNCIL WASTEWAT MONTHLY SERVICE MIDWEST DELIVERY SERVI DELIVERY SERVICE MOLDENHAUER, ANDY REIMBURSE PROGRAM REC MOLLAN, LARRY MOSENY, DEAN MUSKA, MARK REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC NCPERS GROUP LIFE INSU PAYROLL WITHHOLDING NEHL, PHIL OLSON, TERRY PEACOCK, PHIL PERA /REGULAR PIERSON, TINA POTHER, DEBORAH REGENSCHEID, JULIE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC RELIASTAR LIFE INSURAN LIFE INSURANCE RICE, BARRY REIMBURSE PROGRAM REC RIES, PATRICIA REIMBURSE PROGRAM REC RILEY, JOHN ROSENBERG, MARK ROSVOLD, RICK RYAN, SUE RYDLUND, BRIAN SAM'S CLUB, INC. REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM AEC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC SUPPLIES SCHULLER, MIKE REIMBURSE PROGRAM REC SCOTT OLMSTEAD BUILDER REIMB BLDG ESCROW /125 PA * * * * * * ** STEPHENS, BRAD REIMBURSE PROGRAM REC * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** SWIFT CONSTRUCTION TEAMSTER LOCAL 320 THORNQUIST, MARY TORGERSON, RICHARD TROST, ANGELA TURCH, STEVE TURCOTTE, TIM VAUGHAN, ED WALMSLEY, MARTHA WAWACK, DEBBIE REIMS BLDG ESCROW /7678 A * * * * * * ** PAYROLL WITHHOLDING * * * * * * ** REIMBURSE PROGRAM AEC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMS BLDG ESCROW /1373 T * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** 10.00 10.00 2,618.59 10.00 112.19 10.00 10.00 10.00 132.00 10.00 76.00 10.00 10.00 500.00 34,848.00 22.00 10.00 10.00 10.00 10.00 264.00 10.00 10.00 10.00 13,786.09 10.00 10.00 10.00 623.11 10.00 10.00 10.00 10.00 17.00 10.00 10.00 78.24 10.00 2,000.00 7.00 500.00 689.00 10.00 10.00 10.00 7.00 10.00 500.00 10.00 10.00 Date: 09/19/2000 Time: 13:10:36 Operator: JAL Page: 3 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY * * * * * * ** 530.25 0 WOHLBERG, DAVID REIMBURSE PROGRAM REC * * * * * * ** 10.00 O ZYLSTRA CYCLE COMPANY, HARLEY SYSTEM /CABLE STRA * * * * * * ** 3,542.61 Total for Dept ** 67,794.32* 0 PRESS PUBLICATIONS, IN ADVERTISING ADULT SP 190.00 Total for Dept 202 190.00* 0 GOPHER SPORT, INC. BALLS /VEST SPECIAL 62.57 0 PRECISION DYNAMICS COR SUPPLIES SPECIAL 75.50 0 REHBEIN TRANSIT, INC. TRANSPORTATION SPECIAL 820.00 0 SAM'S CLUB, INC. SUPPLIES SPECIAL 135.40 Total for Dept 205 1,093.47* 0 GOPHER SPORT, INC. BALLS /VEST YOUTH IN 230.95 O KNOWLAN'S SUPER MARKET SUPPLIES YOUTH IN 39.35 O NORTHWEST FAMILY YMCA OPTIONS PROGRAM YOUTH IN 3,010.96 0 SAM'S CLUB, INC. SUPPLIES YOUTH IN 161.85 Total for Dept 207 3,443.11* 0 ALL STAR SPORTS, INC. SHIN GUARDS /WHISTLES /T -S YOUTH SP O KNOWLAN'S SUPER MARKET SUPPLIES YOUTH SP O PRESS PUBLICATIONS, IN ADVERTISING YOUTH SP Total for Dept 208 2,227.37 32.24 95.00 2,354.61* O A SEASON TO TASTE CATE BOX LUNCHES MAYOR /CO 108.13 O FOREVER FLORAL FRESH FLOWERS MAYOR /CO 36.45 O TIMESAVER OFF -SITE SEC SEPTEMBER 6 MAYOR /CO 331.01 IW0 VIGER, JEAN REIMBURSEMENT MAYOR /CO 30.78 Total for Dept 401 506.37* 59879 ANDERSON, MARILYN CONTRACTUAL AGREEMENT ADMINIST 1,250.00 O BARNA, GUZY & STEFFEN, PROFESSIONAL SERVICES ADMINIST 399.16 0 D.C.A. INC. FLEXIBLE SPENDING ADMINIST 237.90 0 ELECTION SYSTEMS & SOF LICENSE FORMS ADMINIST 65.64 O FAIRVIEW LAKES REGIONA PLACEMENT TESTS ADMINIST 150.00 0 NYSTROM PUBLISHING COM FALL NEWSLETTER ADMINIST 1,813.90 0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 977.34 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 20.00 Total for Dept 402 4,913.94* O FRATTALLONE'S HARDWARE PARTS /SUPPLIES ELECTION 9.53 0 GAUSTAD, RY -CHEL REIMBURSE SUPPLIES ELECTION 70.20 O PRESS PUBLICATIONS, IN ADVERTISING ELECTION 24.23 Total for Dept 403 103.96* O RELIASTAR LIFE INSURAN LIFE INSURANCE 59887 OFFICEMAX, INC. SENIORS 4.00 Total for Dept 406 4.00* OFFICE SUPPLIES FINANCE 95.82 Date: 09/19/2000 Time: 13:10:36 Operator: JAL • Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 407 0 WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY Total for Dept 414 FINANCE LEGAL CO 0 EVERGREEN PRESS COLOR COPIES ECONOMIC O NYSTROM PUBLISHING COM FALL NEWSLETTER ECONOMIC 59887 OFFICEMAX, INC. OFFICE SUPPLIES ECONOMIC 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC O STUDIOWORKS MASTER PLAN DEVELOPMENT ECONOMIC 0 WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY ECONOMIC Total for Dept 415 0 AMERICAN PLANNING ASSO MEMBERSHIP /M K WYLAND 0 IMAGE PRINTING & GRAPH PRINTING SERVICE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 WYLAND, MARY KAY REIMBURSE TUITION /BOOK Total for Dept 416 0 0 0 0 59880 0 59881 0 0 0 0 0 0 0 0 0 0 0 0 0 A T & T AMERIPRIDE LINEN /APPAR ANOKA COUNTY CLEARWATER CREEK CONVE CONNEXUS ENERGY CORPORATE EXPRESS, INC FIRSTAR BANK OF HUGO FOREVER FLORAL GALL'S INC. GLENWOOD INGLEWOOD, IN IKON OFFICE SOLUTIONS, METRO SALES INCORPORAT MINNCOMM PAGING, INC. MN DEPT OF ADMIN /INTEL NORTH STAR TOWING /SERV NORTHERN STATES POWER, NYSTROM PUBLISHING COM RELIASTAR LIFE INSURAN SAM'S CLUB, INC. MONTHLY SERVICE RADIO MODEMS CAR WASHES MONTHLY SERVICE OFFICE SUPPLIES REGISTRATION /DAVE P FRESH FLOWERS UNIFORM SUPPLIES MONTHLY SERVICE COPIER MAINTENANCE COPIER MAINTENANCE MONTHLY SERVICE JULY USAGE TOWING SERVICE MONTHLY SERVICE FALL NEWSLETTER LIFE INSURANCE SUPPLIES SHRED -IT, INC. REPLACE LOST CHECK US WEST MONTHLY SERVICE WH PENNEY, INC. SUPPLIES Total for Dept 420 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 421 PLANNING PLANNING PLANNING PLANNING POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE O NETSOURCE, INC. BUILDING INSPECTION FORM BUILDING O PAGENET OF MINNESOTA, MONTHLY SERVICE BUILDING O RELIASTAR LIFE INSURAN LIFE INSURANCE BUILDING 12.00 107.82* 13,005.60 13,005.60* 194.58 403.10 21.25 12.00 459.20 505.00 1,595.13* 154.00 19.99 8.00 349.45 531.44* 93.28 21.30 261.45 119.28 10.65 1,074.64 175.00 42.60 160.98 85.33 250.03 361.00 53.80 405.08 25.00 3.14 403.10 100.00 405.36 54.95 .79 27.37 4,134.13* 8.00 8.00* 1,144.87 22.86 12.00 Date: 09/19/2000 Time: 13:10:37 Operator: JAL • Page: 5 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS BUILDING 1,424.00 Total for Dept 422 2,603.73* O ANOKA COUNTY SIGNAL MAINTENANCE 0 BERGMAN COMPANIES, INC PAINT FOR CENTER LINE 0 CCP INDUSTRIES, INC. CRACK FILL ITEMS 59880 CONNEXUS ENERGY MONTHLY SERVICE O EARL ANDERSON ASSOCIAT WHITE PAINT 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES O MENARDS, INC. CRACK FILLING SUPPLIES 59885 MINNCOMM PAGING, INC. MONTHLY SERVICE 0 MN CHIEFS OF POLICE AS MANUAL 0 NORTHERN STATES POWER, MONTHLY SERVICE 0 NYSTROM PUBLISHING COM NEWSLETTER POSTAGE O RELIASTAR LIFE INSURAN LIFE INSURANCE O T.A. SCHIFSKY AND SONS ASPHALT 0 WARNING LITES OF MN, I SIGNS O WENCK ASSOCIATES, INC. PROFESSIONAL SERVICES Total for Dept 430 0 0 0 0 0 0 0 • 0 0 STREETS 126.70 STREETS 5,278.07 STREETS 241.76 STREETS 448.18 STREETS 361.11 STREETS 147.22 STREETS .84 STREETS 8.84 STREETS 135.00 STREETS 2,905.50 STREETS 543.00 STREETS 22.00 STREETS 1,634.63 STREETS 67.51 STREETS 495.00 12,415.36* AMERICAN FASTENER & SU SUPPLIES FLEET BAUER BUILT, INC. DISMOUNT /MOUNT /BALANCE T FLEET BRAD RAGAN, INC. STOCK FLEET BUMPER TO BUMPER, INC. CHEMSEARCH, INC. CUSHMAN MOTOR VEHICLES DEHN OIL COMPANY, INC. FOREST LAKE FORD, INC. FRATTALLONE'S HARDWARE GOA COMPANY, INC. HUGO FEED MILL & ELEVA KATH AUTO PARTS, INC. LEEF BROTHER, INC. MOBILE RADIO ENGINEERI NOTT COMPANY, INC. PIONEER RIM & WHEEL CO RELIASTAR LIFE INSURAN SAFETY KLEEN CORPORATI SNAP -ON INDUSTRIAL PARTS /SUPPLIES HANDI -LUBE BELTS DIESEL PARTS /SUPPLIES PARTS /SUPPLIES ENGINE OIL BELT GREASE GUN SHOP TOWELS REPAIR MOBILE PARTS WHEEL LIFE INSURANCE SHOP PARTS CLEANER TOOLS 30.27 1,084.85 150.04 FLEET 829.00 FLEET 75.43 FLEET 23.92 FLEET 4,119.09 FLEET 929.20 FLEET 62.69 FLEET 451.20 FLEET 85.16 FLEET 15.94 FLEET 16.86 FLEET 168.67 FLEET 217.40 FLEET 19.15 FLEET 4.00 FLEET 243.59 FLEET 126.49 241.01 FLEET 1,333.06 FLEET 96.82 FLEET 148.00 10,471.84* T C GLASS, INC. REPAIR FORD CROWN VICTOR FLEET THANE HAWKINS POLAR CH PARTS /SUPPLIES TOUSLEY FORD, INC. HUB WAGAMON BROTHERS, INC. REPAIR FORD 1 -TON Total for Dept 431 O A T & T MONTHLY SERVICE O ALFAX WHOLESALE FURNIT DISPLAY RACKS 59880 CONNEXUS ENERGY MONTHLY SERVICE 0 CORPORATE EXPRESS, INC OFFICE SUPPLIES O DALCO, INC. SUPPLIES • GOVERNME 46.63 GOVERNME 193.95 GOVERNME 1,276.91 GOVERNME 148.68 GOVERNME 71.38 Date: 09/19/2000 Time: 13:10:37 Operator: JAL • Check # Page: 6 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept. Amount 0 JANITORIAL SERVICE 0 PARTS /SUPPLIES O MONTHLY SERVICE O PRINTING SERVICE O COPIER MAINTENANCE O MONTHLY SERVICE O INSTALL PAGING EQUIPMENT 0 MONTHLY SERVICE 59887 OFFICE SUPPLIES O LIFE INSURANCE O MONTHLY SERVICE 0 WIPERS AND WIPES, INC. JANITORIAL SUPPLIES Total for Dept 432 0 0 0 0 0 0 59885 0 0 0 0 0 0 0 111110 0 0 0 0 59885 0 0 DIAMOND CLEANING SERVI FRATTALLONE'S HARDWARE GLENWOOD INGLEWOOD, IN IMAGE PRINTING & GRAPH METRO SALES INCORPORAT MINNEGASCO ACCOUNTS PA MITEL COMMUNICATIONS S NORTHERN STATES POWER, OFFICEMAX, INC. RELIASTAR LIFE INSURAN US WEST A & L SUPERIOR SOD CO, ALL SEASONS RENTAL, IN ARCADE ASPHALT, INC. FRATTALLONE'S HARDWARE HOFFMAN, MICHAEL MENARDS, INC. MINNCOMM PAGING, INC. MINNEGASCO ACCOUNTS PA NATURE CALLS, INC. NEWMAN TRAFFIC SIGNS, NORTHERN STATES POWER, RELIASTAR LIFE INSURAN TURF SUPPLIES, INC. URICH, TRACEY US WEST VACKER, INC. SOD LAWN ROLLER RENTAL OVERLAY PARTS /SUPPLIES REIMBURSE CLOTHING ALLOW TRAIL SUPPLIES MONTHLY SERVICE MONTHLY SERVICE PORTABLE RESTROOM RENTAL SIGNS MONTHLY SERVICE LIFE INSURANCE SUPPLIES REIMBURSE CLOTHING ALLOW MONTHLY SERVICE SIGN /PLAQUE Total for Dept 450 CORPORATE EXPRESS, INC EDINA, CITY OF KNOWLAN'S SUPER MARKET MINNCOMM PAGING, INC. RELIASTAR LIFE INSURAN SAM'S CLUB, INC. OFFICE SUPPLIES WORKSHOP /LIZ B SUPPLIES MONTHLY SERVICE LIFE INSURANCE SUPPLIES Total for Dept 451 59885 MINNCOMM PAGING, INC. MONTHLY SERVICE O RELIASTAR LIFE INSURAN LIFE INSURANCE 0 TIMESAVER OFF -SITE SEC AUGUST 28 & 30 Total for Dept 461 O NYSTROM PUBLISHING COM FALL NEWSLETTER O RELIASTAR LIFE INSURAN LIFE INSURANCE O SAFETY KLEEN CORPORATI RECYCL WASTE OIL Total for Dept 462 • GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM ENVIRONM SOLID WA SOLID WA SOLID WA 678.86 2.95 100.65 1,583.26 990.00 101.11 10,820.58 3,900.64 217.29 4.00 2,029.39 101.86 22,268.14* 104.79 4.26 1,000.00 62.63 29.98 45.39 8.84 29.01 523.80 79.99 120.54 22.00 426.01 110.15 232.32 367.43 3,167.14* 118.23 10.50 18.12 8.84 12.80 29.22 197.71* 4.42 1.80 113.13 119.35* 403.10 .40 683.50 1,087.00* Date: 09/19/2000 Time: 13:10:38 Operator: JAL • Page: 7 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 0 U S BANK ADMINISTRATIVE FEES Total for Dept 470 FORESTRY 1.80 1.80* DEBT SER 1,581.25 1,581.25* 59880 CONNEXUS ENERGY MONTHLY SERVICE WATER 1,126.96 O FRATTALLONE'S HARDWARE PARTS /SUPPLIES WATER 109.63 O HAWKINS WATER TREATMEN CONTAINER DEMURRAGE WATER 10.00 O INSTRUMENTAL RESEARCH, FLUORIDE WATER 24.00 59885 MINNCOMM PAGING, INC. MONTHLY SERVICE WATER 4.42 0 MINNEGASCO ACCOUNTS PA MONTHLY SERVICE WATER 63.61 0 NORTHERN STATES POWER, MONTHLY SERVICE WATER 930.48 0 NYSTROM PUBLISHING COM FALL NEWSLETTER WATER 201.55 0 PAK MAIL CENTERS PARCEL MAILING WATER 12.57 0 RELIASTAR LIFE INSURAN LIFE INSURANCE WATER 7.60 0 US WEST MONTHLY SERVICE WATER 59.68 Total for Dept 494 2,550.50* 0 AID ELECTRIC SERVICE, LIFT STATION SEWER 468.50 59880 CONNEXUS ENERGY MONTHLY SERVICE SEWER 239.57 0 METRO COUNCIL WASTEWAT MONTHLY SERVICE SEWER 29,704.00 59885 MINNCOMM PAGING, INC. MONTHLY SERVICE SEWER 4.42 0 NORTHERN STATES POWER, MONTHLY SERVICE SEWER 807.29 O PAK MAIL CENTERS PARCEL MAILING SEWER 12.57 O RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER 7.60 O TOTAL CONTROL SYSTEMS, REPAIR AT LIFT STATION SEWER 1,257.11 0 UNIQUE TECHNOLOGIES, I EXTERNAL WRAP SEWER 900.00 • Total for Dept 495 33,401.06* O FUNKHOUSER, JAMES & JU LAND PURCHASE OTHER 2,317.58 O KENNEDY AND GRAVEN, IN PROFESSIONAL SERVICES OTHER 537.78 O LUECKE, MR. & MRS. REIMBURSE LANDSCAPE OTHER 457.00 0 METRO COUNCIL WASTEWAT MONTHLY SERVICE OTHER 3,150.00 0 PRESS PUBLICATIONS, IN ADVERTISING OTHER 38.76 0 WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY OTHER 358.55 Total for Dept 499 6,859.67* 0 KENNEDY AND GRAVEN, IN PROFESSIONAL SERVICES TIF ADMI 1,050.00 0 PRESS PUBLICATIONS, IN ADVERTISING TIF ADMI 384.75 Total for Dept 500 1,434.75* Grand Total 197,945.20* • Date: 09/19/2000 Time: 12:48:44 CITY OF LINO LAKES FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (A) Trans #: (A) Line #: (A) Due Date: (R) 09142000 09252000 Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 104.79 104.79 .00 .00 000052 A T & T 2 139.91 139.91 .00 .00 000054 LUECKE, MR. & MRS. 1 457.00 457.00 .00 .00 000068 GAUSTAD, RY -CHEL 1 70.20 70.20 .00 .00 000089 ACCENT HOMES 1 500.00 500.00 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 468.50 468.50 .00 .00 000106 US WEST 2 2,322.18 2,322.18 .00 .00 000118 SNAP -ON INDUSTRIAL 2 126.49 126.49 .00 .00 000156 ALEXANDER, PAUL 1 10.00 10.00 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 4.26 4.26 .00 .00 000158 ALL STAR SPORTS, INC. 1 2,227.37 2,227.37 .00 .00 00 BARNA, GUZY & STEFFEN, LTD. 1 399.16 399.16 .00 .00 000192 T C GLASS, INC. 1 241.01 241.01 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 119.20 119.20 .00 .00 000210 AMERICAN FASTENER & SUPPLY 1 30.27 30.27 .00 .00 000219 MOBILE RADIO ENGINEERING, INC. 1 168.67 168.67 .00 .00 000250 AMERICAN PLANNING ASSOCIATION 1 154.00 154.00 .00 .00 000262 MITEL COMMUNICATIONS SOLUTIONS, INC. 2 10,820.58 10,820.58 .00 .00 000264 MIDWEST DELIVERY SERVICE, INC. 1 22.00 22.00 .00 .00 000293 WIPERS AND WIPES, INC. 1 101.86 101.86 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 24.00 24.00 .00 .00 000310 STUDIOWORKS 1 459.20 459.20 .00 .00 • Date: 09/19/2000 Time: 12:48:46 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Ve # Name # of items Net Gross Discount Lost 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 21.30 21.30 .00 .00 000338 IRLBECK, BOB 1 10.00 10.00 .00 .00 000340 ANDERSON, MARILYN 1 1,250.00 1,250.00 .00 .00 000356 TURCH, STEVE 1 7.00 7.00 .00 .00 000370 ANOKA COUNTY 2 261.45 261.45 .00 .00 000374 NEHL, PHIL 1 10.00 10.00 .00 .00 000383 BETTENDORF, RICHARD 1 10.00 10.00 .00 .00 000386 MCCALLUM CONSTRUCTION, INC. 1 500.00 500.00 .00 .00 000390 ANOKA COUNTY 1 126.70 126.70 .00 .00 000391 ZYLSTRA CYCLE COMPANY, INC. 1 3,542.61 3,542.61 .00 .00 000408 AFSCME COUNCIL #14 1 503.50 503.50 .00 .00 000409 ADAMS, TODD 1 10.00 10.00 .00 .00 000411 ALTS, DAVE 1 10.00 10.00 .00 .00 000412 BARRETT, MARK 1 10.00 10.00 .00 .00 000413 BENOY, PATRICIA 1 10.00 10.00 .00 .00 000414 BLANTON, MARK 1 10.00 10.00 .00 .00 O0 BODE, CRAIG 1 10.00 10.00 .00 .00 000416 BORNHOFT, REID 1 10.00 10.00 .00 .00 0004174 BRETOI, CHRIS 1 10.00 10.00 .00 .00 000418 BROWN, AMY 1 10.00 10.00 .00 .00 000419 CASANOVA, PAUL 1 7.00 7.00 .00 .00 000421 DIMARTINO, DAVE 1 10.00 10.00 .00 .00 000423 ECKER, MIKE 1 10.00 10.00 .00 .00 000425 FIX, MIKE 1 10.00 10.00 .00 .00 000426 FORNESS, KATHLEEN 1 10.00 10.00 .00 .00 000427 GERMUNDSON, DAVID 1 10.00 10.00 .00 .00 000428 GOELTL, LISA 1 10.00 10.00 .00 .00 • Date: 09/19/2000 Time: 12:48:47 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 3 Discount # Name # of items Net Gross Discount Lost 000429 GOODWIN, BILL 1 10.00 10.00 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 1 28.00 28.00 .00 .00 000431 GORSKI, MARK 1 10.00 10.00 .00 .00 000432 GRAMER, LISA 1 10.00 10.00 .00 .00 000433 GUNDERSON, PETER 1 10.00 10.00 .00 .00 000434 HILGER, PATRICK 1 10.00 10.00 .00 .00 000435 JAMISO -LENZ, PAM 1 10.00 10.00 .00 .00 000436 JOHNSON, DANA 1 10.00 10.00 .00 .00 000437 KUZMA, MARY KAYE 1 10.00 10.00 .00 .00 000438 LARSON, JIM 1 10.00 10.00 .00 .00 000439 LAVALLE, ROBB 1 10.00 10.00 .00 .00 000441 LUND, PAT 1 10.00 10.00 .00 .00 000442 LYNCH, MIKE 2 76.00 76.00 .00 .00 000443 MACKINNON, IAN 1 10.00 10.00 .00 .00 000444 MATTICE, GREG 1 10.00 10.00 .00 .00 000445 MOLDENHAUER, ANDY 1 10.00 10.00 .00 .00 00 MOSENY, DEAN 1 10.00 10.00 .00 .00 000447 PEACOCK, PHIL 1 10.00 10.00 .00 .00 000448 POTHER, DEBORAH 1 10.00 10.00 .00 .00 000449 REGENSCHEID, JULIE 1 10.00 10.00 .00 .00 000451 RIES, PATRICIA 1 10.00 10.00 .00 .00 000452 RILEY, JOHN 1 10.00 10.00 .00 .00 000453 ROSVOLD, RICK 1 17.00 17.00 .00 .00 000454 WOHLBERG, DAVID 1 10.00 10.00 .00 .00 000455 RYAN, SUE 1 10.00 10.00 .00 .00 000456 SCHULLER, MIKE 1 10.00 10.00 .00 .00 000457 STEPHENS, BRAD 1 7.00 7.00 .00 .00 • Date: 09/19/2000 Time: 12:48:47 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Ve # Name # of items Net Gross Discount Lost 000458 TORGERSON, RICHARD 1 10.00 10.00 .00 .00 000459 TROST, ANGELA 1 10.00 10.00 .00 .00 000460 TURCOTTE, TIM 1 10.00 10.00 .00 .00 000461 BONFE HOME BUILDERS 1 500.00 500.00 .00 .00 000462 BERGMAN COMPANIES, INC. 1 5,278.07 5,278.07 .00 .00 000463 EDINA, CITY OF 1 10.50 10.50 .00 .00 000464 FOREVER FLORAL 2 79.05 79.05 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 405.08 405.08 .00 .00 000466 NORTH STAR TOWING /SERVICE CENTER, INC. 1 25.00 25.00 .00 .00 000467 PAK MAIL CENTERS 1 25.14 25.14 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 883.11 883.11 .00 .00 000470 TOTAL CONTROL SYSTEMS, INC. 1 1,257.11 1,257.11 .00 .00 000473 VACKER, INC. 1 367.43 367.43 .00 .00 000474 WAGAMON BROTHERS, INC. 1 148.00 148.00 .00 .00 000478 ARCADE ASPHALT, INC. 1 1,000.00 1,000.00 .00 .00 000610 BAUER BUILT, INC. 2 1,084.85 1,084.85 .00 .00 00 BRAD RAGAN, INC. 1 150.04 150.04 .00 .00 000900 BUMPER TO BUMPER, INC. 1 829.00 829.00 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 14,399.40 14,399.40 .00 .00 001109 CHEMSEARCH, INC. 1 75.43 75.43 .00 .00 001115 CHICILO HOMES 1 500.00 500.00 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 119.28 119.28 .00 .00 001165 CCP INDUSTRIES, INC. 1 241.76 241.76 .00 .00 001187 CONNEXUS ENERGY 1 3,102.27 3,102.27 .00 .00 001260 D.C.A. INC. 1 237.90 237.90 .00 .00 001267 CUSHMAN MOTOR VEHICLES, INC. 1 23.92 23.92 .00 .00 001270 DALCO, INC. 1 71.38 71.38 .00 .00 • Date: 09/19/2000 Time: 12:48:51 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 5 Discount Ver�Qr # Name # of items Net Gross Discount Lost 001292 DEHN OIL COMPANY, INC. 2 4,119.09 4,119.09 001309 DIAMOND CLEANING SERVICE, INC. 1 678.86 678.86 001380 EARL ANDERSON ASSOCIATION, INC. 1 361.11 361.11 001437 EVERGREEN PRESS 1 194.58 194.58 001473 FAIRVIEW LAKES REGIONAL HEALTH CARE 1 150.00 150.00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 10.00 10.00 001505 FIRSTAR BANK OF HUGO 1 175.00 175.00 001530 FOREST LAKE FORD, INC. 1 929.20 929.20 001560 FRATTALLONE'S HARDWARE, INC. 1 394.65 394.65 001584 FUNKHOUSER, JAMES & JUDITH 1 2,317.58 2,317.58 001600 GALL'S INC. 1 160.98 160.98 001620 GLENWOOD INGLEWOOD, INC. 1 185.98 185.98 001630 GOA COMPANY, INC. 1 451.20 451.20 001850 HOFFMAN, MICHAEL 1 29.98 29.98 001860 KENNEDY AND GRAVEN, INC. 2 4,206.37 4,206.37 001880 HUGO FEED MILL & ELEVATOR, INC. 1 85.16 85.16 00 ICMA /MANAGEMENT ASSOCIATION 1 3,864.54 3,864.54 001980 IKON OFFICE SOLUTIONS, INC. 1 250.03 250.03 002000 INTL UNION OF OPER ENGR 1 319.00 319.00 002107 JOHNSON, THERESA 1 10.00 10.00 002110 KATH AUTO PARTS, INC. 1 15.94 15.94 002153 KNOWLAN'S SUPER MARKETS, INC. 1 201.90 201.90 002208 LELS 1 132.00 132.00 002328 LEEF BROTHER, INC. 1 16.86 16.86 002340 IMAGE PRINTING & GRAPHICS 1 1,603.25 1,603.25 002550 MENARDS, INC. 2 46.23 46.23 002570 METRO COUNCIL WASTEWATER SERVICES 1 67,702.00 67,702.00 • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Date: 09/19/2000 Time: 12:48:55 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 6 Discount # Name # of items Net Gross Discount Lost 002584 METRO SALES INCORPORATED 2 1,351.00 1,351.00 .00 .00 002694 MINNCOMM PAGING, INC. 2 93.58 93.58 .00 .00 002700 MINNEGASCO ACCOUNTS PAYABLE, INC. 1 193.73 193.73 .00 .00 002711 MN CHIEFS OF POLICE ASSOCIATION 1 135.00 135.00 .00 .00 003091 NCPERS GROUP LIFE INSURANCE 1 264.00 264.00 .00 .00 003123 NATURE CALLS, INC. 1 523.80 523.80 .00 .00 003163 NETSOURCE, INC. 1 1,144.87 1,144.87 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 79.99 79.99 .00 .00 003250 NORTHERN STATES POWER, INC. 1 8,667.59 8,667.59 .00 .00 003342 NOTT COMPANY, INC. 2 217.40 217.40 .00 .00 003370 NYSTROM PUBLISHING COMPANY, INC. 2 3,767.75 3,767.75 .00 .00 003390 OFFICEMAX, INC. 1 334.36 334.36 .00 .00 003451 PERA /REGULAR 1 13,786.09 13,786.09 .00 .00 003457 PAGENET OF MINNESOTA, INC. 1 22.86 22.86 .00 .00 003511 PIERSON, TINA 1 10.00 10.00 .00 .00 003512 PIONEER RIM & WHEEL COMPANY, INC. 1 19.15 19.15 .00 .00 00 PRECISION DYNAMICS CORPORATION 1 75.50 75.50 .00 .00 003600 PRESS PUBLICATIONS, INC. 12 1,710.08 1,710.08 .00 .00 003817 ROSENBERG, MARK 1 10.00 10.00 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 8 927.09 927.09 .00 .00 003910 SAM'S CLUB, INC. 1 810.07 810.07 .00 .00 004251 SUBURBAN INSPECTIONS, INC. 1 1,424.00 1,424.00 .00 .00 004311 SWIFT CONSTRUCTION 1 500.00 500.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 1,634.63 1,634.63 .00 .00 004388 TEAMSTER LOCAL 320 1 689.00 689.00 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 1,333.06 1,333.06 .00 .00 • Date: 09/19/2000 Time: 12:48:59 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 7 Discount Vr # Name # of items Net Gross Discount Lost 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 444.14 444.14 .00 .00 004469 TOUSLEY FORD, INC. 2 96.82 96.82 .00 .00 004530 TURF SUPPLIES, INC. 1 426.01 426.01 .00 .00 004560 U S BANK 1 1,581.25 1,581.25 .00 .00 004591 UNIQUE TECHNOLOGIES, INC. 1 900.00 900.00 .00 .00 004660 URICH, TRACEY 1 110.15 110.15 .00 .00 004720 VIGER, JEAN 1 30.78 30.78 .00 .00 004766 WALMSLEY, MARTHA 1 10.00 10.00 .00 .00 004803 WENCK ASSOCIATES, INC. 1 495.00 495.00 .00 .00 004805 WH PENNEY, INC. 1 27.37 27.37 .00 .00 004860 WYLAND, MARY KAY 1 349.45 349.45 .00 .00 005012 MUSKA, MARK 1 10.00 10.00 .00 .00 005029 NORTHWEST FAMILY YMCA 1 3,010.96 3,010.96 .00 .00 005030 ELECTION SYSTEMS & SOFTWARE, INC. 1 65.64 65.64 .00 .00 005031 GOPHER SPORT, INC. 1 293.52 293.52 .00 .00 005039 WARNING LITES OF MN, INC. 1 67.51 67.51 .00 .00 91111 RYDLUND, BRIAN 1 10.00 10.00 .00 .00 900223 REHBEIN TRANSIT, INC. 1 820.00 820.00 .00 .00 900265 ARSENAULT, STEVE 1 10.00 10.00 .00 .00 900285 WAWACK, DEBBIE 1 10.00 10.00 .00 .00 900340 ALFAX WHOLESALE FURNITURE, INC. 1 193.95 193.95 .00 .00 900364 BRINTZ, BILL 1 10.00 10.00 .00 .00 900375 KIRBY, DAVE 1 10.00 10.00 .00 .00 900382 MOLLAN, LARRY 1 10.00 10.00 .00 .00 900383 OLSON, TERRY 1 10.00 10.00 .00 .00 900387 RICE, BARRY 1 10.00 10.00 .00 .00 900407 COTE, MARK 1 10.00 10.00 .00 .00 • Date: 09/19/2000 Time: 12:49:00 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 8 Discount # Name # of items Net Gross Discount Lost 900438 SCOTT OLMSTEAD BUILDERS, INC. 4 2,000.00 2,000.00 .00 .00 900474 VAUGHAN, ED 1 500.00 500.00 .00 .00 900504 THORNQUIST, MARY 1 10.00 10.00 .00 .00 900549 A SEASON TO TASTE CATERING, INC. 1 108.13 108.13 .00 .00 900591 CORPORATE EXPRESS, INC. 5 1,341.55 1,341.55 .00 .00 Grand Totals: 231 197,945.20 197,945.20 .00 .00* • • AGENDA ITEM b'1:1 STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police DATE TOPIC VOTES REQUIRED BACKGROUND September 25, 2000 Crime Prevention Month 2000 Simple Majority CRIME PREVENTION MONTH WAS DESIGNED TO HEIGHTEN CRIME PREVENTION AWARENESS, GENERATE SUPPORT AND PARTICIPATION IN LOCAL ANTICRIME EFFORTS AMONG CIVIC GROUPS, SCHOOLS, FAITH COMMUNITIES, BUSINESSES, AND INDIVIDUALS AS THEY HELP TO NURTURE COMMUNAL RESPONSIBILITY AND INSTILL PRIDE THROUGHOUT THE CITY OF LINO LAKES. STAFF IS REQUESTING THAT COUNCIL ACKNOWLEDGE AND READ THE ATTACHED PROCLAMATION IN OUR SUPPORT OF DESIGNATING THE MONTH OF OCTOBER 2000 AS CRIME PREVENTION MONTH IN THE CITY OF LINO LAKES. OPTIONS 1. MOTION TO APPROVE 2. MOTION TO DENY RECOMMENDATION OPTION 1 - APPROVE SUPPORT OF CRIME PREVENTION MONTH • PROCLAMATION FOR CRIME PREVENTION MONTH 2000 WHEREAS, the vitality of our city depends on how safe we keep our homes, neighborhoods, workplaces, and communities because crime and fear diminish the quality of life for all; WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health and prosperity; WHEREAS, people of all ages must be made aware of what they can do to prevent themselves, their families, neighbors, and co- workers from being harmed by drugs, violence, and other crime; WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require action by the whole community; WHEREAS, crime prevention initiatives must include but go beyond self protection and security to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive educational and recreational opportunities for young people; WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride; NOW, THEREFORE, I, John Bergeson, Mayor, do hereby proclaim October 2000 as Crime Prevention Month in Lino Lakes and urge all citizens, government agencies, public and private institutions, and businesses to recognize the power of prevention and work together for the common good. John Bergeson, Mayor Ry -Chel Gaustad, Clerk - Treasurer /CMC • AGENDA ITEM 7 A STAFF ORIGINATOR: Mary Kay Wyland MEETING DATE: September 25, 2000 TOPIC: Mark Pariseau, 6101 Centerville Road, Variance VOTE REQUIRED: Simple Majority DESCRIPTION: This case involves a request to construct a 24 x 24 detached garage 21.5 feet from the front property line, 2.5' behind the existing home. The property has an address of 6101 Centerville Road with the home facing Co. Rd. J. /Ash Street and being located 19.5 feet from the front property line. The property is Zoned Rural and located on a collector roadway requiring a front setback of 40'. The lot is considered to be a pre- existing non- conforming lot of record due to the front setback and the lot size which is approximately 150 x 227 (10 acre minimum required). • Findings of Fact. In considering all requests for variance or appeal and in taking • subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Staff has reviewed this request and would comment that there are some hardships involved in this case. The applicant has a mound type septic system behind the home with a slight drainage swale in front of the system. Locating the garage according to the setback requirement may hamper this drainage swale and place the building too close to the septic system. The setback for a building from a septic system is 20', the garage, if constructed at the 40' setback line, would be approximately 6' feet from the base of the system. There is also an existing 8 x 10 storage building, on a slab, that would be locate • 1' from the garage, if constructed according to the applicants request. The State Uniform Building Code requires a 3' setback between buildings. Staff has received a letter from the adjoining property owner indicating no objection to the Variance requested. The Planning and Zoning Board reviewed this request at their 9 -13 -00 meeting and recommended approval on a 6 - 0 vote to locate the garage 30' from the front property line with the following conditions: 1. Garage shall be located 30' from the front property line. 2. Property building permits shall be obtained prior to any construction. OPTIONS: 1. Approve variance with following conditions outlined above. 2. Return to staff for further consideration. 3. Deny variance request. • RECOMMENDATION: Option 1 • F1O LAKES, a E • El ' 7, 4 : " r .d.... .‘-.t ‘ . 7 V . r 6 .,,,....____, 4. TITII_iiili ! 1-1 1----1‘s--- 1 , • , , . , I L ._, , 1 • • ; ; 1 1 ---- 1 ' -- -1-4 1 , 4 - - i Ilit; ; 1 1 ; 1 1 • , ' 1 , ;I A C6(All 1 1 1 i ; 1 , . I 1 ; I i I I 1 ...--■ I- F 1 1 1- 1 1 1 1 _r_. 1 I i -r - --,- -I----I - i _____ti . _i_ i • C'cil i • _____, _L _L. .4- ..4.- i L 1 4•___•- L- 1--- -4- [ --- 1 I - I 1 j i 1 1 - ' i i ii I -i• - '—'7111"i''',' +.-- — , 1 I 1 ?"7-7--T I • , 1 1 - .1 i • ' I ; 1 tii I_ _L , i . 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I f I L 1-1-11 - 1-11 E-- F- ___r_____T. 1 I 1 - -141- 1 ---4;---1-- , •.-- 1 ; 1 11111 1 ILI1-11111 1 i , f T 1- • 1 • 1 1 ' 4---t-----47-1-----1,--i- 11[111 - 1-----1-----i----; —1---i---t—r-- . , - -[ A. 1 +41- _ _______I___i______r___r____ +I , I .r. __ 1 , I 1 ___L_ ! I i ' 1' 1 ■ i I 1 f . 1 i i_ , , , • t _, .,_ 11;11 i- , i I I _.--- -7-T-T . ----4--------- , 1 L i ......_ 1 - - -,-- - -T 1 1 1 1 1 1 r---r- 1 1 1 i I 1 1 1 ,11;1111. _ _, - I I ; I : 11 ; -4 I T -1---.1 1,1. 1- • --- . - 1 ,_ -,- _ __ 1 V 1 L5 s , Locct11 -si\-0, /40' To CRNrt�4 of AS/! ST CoNCRE DRAMA of PE N rri v f 1 0 I CIWIA r Pile !'ILLZ RP 1Y)DuN1) SC'PTf C. \� S 9' STL'i�9 21 ititCM—F �p J 6 _ /2C 3ZIOY RS'1 sr• FROM :MAIL BOXES ETC #3299 tA.),? 651 407 1278 2000,06-31 06:S3 #065 P.01/01 ,fo,filo &Aga/ 3 30' 4243 0441 ~124/ ,5-F.4 wthL cyt 6 v v� • 1 ' / it* Y-0-4 Atc.44.iatlis.Aamy ©Ato .artv) ice)Qp • -QJJ J' ao- -e 73 a'd" X,44P Ccadd,a-o-ca cuirdeJ,;-d- 627zceie7AcquIVOpie-e-e-a 4P -14° 5-a ..'11-4->iic.olokf'fi.,-4, 1J_ - Q • AGENDA ITEM 7B STAFF ORIGINATOR: Mary Alice Divine DATE: 9/25/00 TOPIC: Vote Required: Resolution No. 00 -79 authorizing application for the Livable Communities Demonstration Program Simple Majority BACKGROUND: As part of the city's participation in the Minnesota Livable Communities Act, funds are made available to cities to promote the purposes of the Act. In 1997 the Lino Lakes Council applied for planning funds through the Livable Communities Demonstration Account for the creation of compact, efficient, mixed use development. The city received $220,000 in funds to hire Calthorpe Associates —a firm specializing in Traditional Neighborhood Development—to complete a master plan and design standards for the Town Center. ® This year, a total of $6.9 million in funds will be given to communities for planning and implementation of projects that meet the goals of Livable Communities. Projects receiving consideration must meet certain criteria, including compact development, a mix of uses, diverse housing opportunities, transit improvements, and linkages to surrounding neighborhoods and employment. This year the city is asking for $1.5 million in funding to begin implementation of the master plan in The Village. The application for funding must include a resolution of support from the city in which the project is located. In order to remain eligible for funding the city must reaffirm its commitment to participating in Livable Communities housing goals on an annual basis. This resolution of support of the application is separate from that process. OPTIONS: 1. Adopt Resolution No. 00 -79 authorizing application for the Livable Communities Demonstration Program 2. Return to staff for further consideration RECOMMENDATION: • Option 1 • • Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 00 -79 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, The City of Lino Lakes is a participant in the Livable Communities Act's Housing Incentives Program for 1999 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified the proposed Village project within the City as a project that meets the Demonstrations Account's purpose and criteria; and WHEREAS, the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Lino Lakes, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on September 22, 2000; BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Lino Lakes and to execute such agreements as necessary to implement the project on behalf of the applicant. Adopted by the Lino Lakes City Council this 25th day of September, 2000. John Bergeson, Mayor Ry -Chel Gausted, Clerk- Treasurer 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. AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 25, 2000 TOPIC: Minor Subdivision, City of Lino Lakes ACTION REQUIRED: 3/5 vote BACKGROUND The City has purchased land for ponding and wetland mitigation in the Clearwater Creek light industrial area. The purchased land must be divided from the larger parcel. The attached sketch and description indicates the parcel to be created by the minor subdivision. The NSP power line strip is a parcel in itself, not just an easement. If this were a private action we would be concerned about creating a parcel that is bisected this way by another parcel. After discussion with the City Attorney, we have resolved the concern. Since this is to be City land for ponding, there is no danger of a claim to a buildable lot on either side of the NSP land. The attached letter from Mr. Hawkins supports this. The remaining parcels to the north and south are big enough to support development. The P & Z Board voted to approve the minor subdivision. OPTIONS 1. Approve the minor subdivision. 2. Return to staff with direction RECOMMENDATION Option 1. • LAW OFFICES OF William G. Hawkins and Associates Legal Assistant WILLIAM G. HAWKINS TAMMI J. UVEGES BARRY A. SULLIVAN August 17, 2000 Mr. Jeff Smyser Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Dear Jeff: 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 PHONE (763) 427 -8877 FAX (763) 421 -4213 E -MAIL HawkLawl@aol.com Pursuant to your request I am writing this letter concerning the proposed lot split that will be processed as a result of the City's acquiring the property from Lino Lakes, LLC for storm water ponding. I have reviewed this matter with you and John Powell and • am writing to indicate that I have no legal problems with the approval of this lot split. This property will be used only for public storm water holding purposes and there is no reason why any further combination of the lots would be necessary. • Accordingly, I would recommend its approval. Sinc: rely, illiam G. Hawkins WGH /tju CITY OF LINO LAKES TTY -9 ,CENTERVILLE WILLOW GLEN, ac r zND� REGISTERED E� 24 suRVElf LAND — L— COUNTY -6fATE —AID— HIGHWAY /N 1JSTRIAL 2 Iyy 4 I D 16 8 PARK / 9 MAIN -- CTflEET-- ■ 2. 25 q q---- w o e 2 - - -• - -1- ` -tom • qt.' • u C., O 0 11 0 z QZcoVO °r�ln 191 —io,c.Oln • / /4 /13S 31,1L .O /l3N 3K[ JO 3M Y L661 $ eN WU i i51 / _95099ac1 °Nvo° Wsum.3 P�il� —"Fr' r- 0 1 .1 d 3 3 X 3-.- • . e_ — $/ oo LC9 - -uN oot 1 r'I �` / OW .s ve sw) M,or shoos I � , � f /l3S 3HL ..17 VIM 3H1 !O Z /13 3HL art? 3M73 1 1 w / 09 • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7 D Jeff Smyser September 25, 2000 Site & Building Plan Review and Conditional Use Permit Central Suburban, Inc., 416 Lilac Drive 3/5 vote The application includes a site plan and conditional use permit. The applicant, Central Suburban, Inc., proposes to build an addition on the existing building and use the site for its land development and construction business. All site and building plans for industrial uses requires a site plan review. The existing building is a pole barn. The expansion of a pole barn in an industrial district requires a conditional use permit. Central Suburban will use the fenced yard for storage of trucks, equipment, and material such as pipe, manholes, culverts, lumber, sand, gravel, and the like. Under the current zoning ordinance, outdoor storage also requires a CUP in the GI zone. However, the site has been used for outdoor storage of equipment and material until recently. When an existing use that was in place when the ordinance was adopted would require a CUP under the ordinance, the City policy has been to consider that use as having a "grandfathered" CUP. Even so, for the protection of both the property owner and the City, it is a good idea to define the conditions of the grandfathered conditional use to avoid confusion in the future. The conditional use then will be recorded and there will be no question about the right to conduct the specified activites. Staff recommends that the City takes the opportunity to do this now. Therefore, the CUP will cover both the building expansion and an amendment to the grandfathered outdoor storage CUP. This review is based on the following submittals: Letter describing the application received 8/1/00 Survey, July 6, 2000 received 7/20/00 Survey with planned improvements added received 8/4/00 Elevations received 7/20/00 Floor plan received 7/20/00 Letter with detail information received 8/28/00 • Central Suburban September 25, 2000 page 2 ANALYSIS The site is zoned GI General Industrial. The submittal complies with the GI Light Industrial zoning standards as follows: • Building The existing building is 36' x 64' = 2304 sf. The addition is 20' x 44 ` = 880 sf. The total new foot print will be 3184 sf. The existing building is a pole barn and the expansion of a pole barn in an industrial district requires a conditional use permit per Sec. 3 Subd. 4.B.2.b.2. of the zoning ordinance. The expansion shall not be more than 50% the area of the existing building. Fifty percent of 2304 sf is 1152 sf, so the addition of 880 sf is allowable. The applicant will install new exterior siding on the front (north) side of the building. A horizontal cedar siding will be added, with cedar shingles on the gable areas. The new siding will be on the existing and added portions of the building. The new siding will be a welcome visual improvement to this building in the General Industrial district. The trash dumpster will be stored inside the building and wheeled outside only when the trash is to be collected. • Lighting • No additional lighting will be added as part of the project. Required Proposed Lot size minimum 1 acre 1.07 acre Lot width minimum 100 ft 155 ft Setbacks: buildings from street rear lot line side lot line parking from street rear lot line side lot line 50 15 10 15 5 10 67+ 150+ 10 existing existing existing Bldg. height 45 21 Impervious max. 90% 90 %± • Building The existing building is 36' x 64' = 2304 sf. The addition is 20' x 44 ` = 880 sf. The total new foot print will be 3184 sf. The existing building is a pole barn and the expansion of a pole barn in an industrial district requires a conditional use permit per Sec. 3 Subd. 4.B.2.b.2. of the zoning ordinance. The expansion shall not be more than 50% the area of the existing building. Fifty percent of 2304 sf is 1152 sf, so the addition of 880 sf is allowable. The applicant will install new exterior siding on the front (north) side of the building. A horizontal cedar siding will be added, with cedar shingles on the gable areas. The new siding will be on the existing and added portions of the building. The new siding will be a welcome visual improvement to this building in the General Industrial district. The trash dumpster will be stored inside the building and wheeled outside only when the trash is to be collected. • Lighting • No additional lighting will be added as part of the project. • Central Suburban September 25, 2000 page 3 • Signage Signage is governed by the City's sign ordinance and permits are required for all signs. All signs will be reviewed with the sign permit applications. • Landscaping Some landscape improvements will be added in the form of replacing existing, scraggly shrubs. This industrial area of the City is not heavily landscaped. • Utilities The applicant will hook up to City sewer and water as part of this project. The existing septic system must be properly abandoned. The well may be retained for irrigation at the discretion of the landowner. A drainage and utility easement 67 feet wide exists across the front of the property. The City acquired this easement in anticipation of needs for utility installation in Lilac Drive. The easement was not all needed, and no work will occur in it on this project. • Parking, Roads, Access, Circulation The applicant will pave a parking area as part of the project. For contractors' offices, shops and yards, our code requires two parking stalls per employee. The applicant states there are three office employees who will be in the building daily. This requires six parking stalls. Other employees will be at the site only sporadically. The area to be paved will accommodate five to seven cars. If parking becomes a problem, the City will require additional parking. There is ample area to enlarge the parking lot if needed. Access to Lilac Drive shall remain. If work is required in the County right of way, the County requires permits. (As a point of information, Lilac Drive is no longer State Trunk Highway 49. It was turned back to the County.) • Park Dedication No park dedication is needed for an addition to an existing building. • Conditional Use Permit The addition to the existing pole barn building requires a conditional use permit under Sec. 3 Subd. 4.B.2.b.2. Outdoor storage is allowed as a conditional use in the GI district. Though the storage on this site is grandfathered, staff recommends defining the conditions of the CUP to clarify the property owner's rights to the planned activities. This will ensure that the use can continue and that future owners can engage in the same activities. Central Suburban September 25, 2000 page 4 Therefore, the CUP will cover both the building expansion and an amendment to the grandfathered outdoor storage CUP. Two sets of findings must then be made. Findings for All Conditional Use Permits: As stated in Sec. 2 Subd. 2.B.7., the Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it can make findings that the proposed 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. Findings Specific to Outdoor Storage: Section 8 Subd. 2.I.7 lists conditional uses in the General Industrial district, including: Open and outdoor storage as an accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right -of -way. c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. • • Central Suburban September 25, 2000 page 5 d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. Recent screening of outdoor storage on light industrial sites has included ivy planted along chain link fence. A fence exists on the site already. Staff recommends ivy will be appropriate for the west property line fence to screen from the right of way (4th Ave.) and residential uses to the northwest. A bituminous surface is not necessary and could be damaged with the equipment movement and material storage. Staff recommends no paving is necessary. Parking is in front of the building, storage to the side and rear. With the conditions of approval listed below, staff recommends that the general and specific findings apply. PLANNING & ZONING BOARD ACTION The P & Z Board voted to approve the site plan and CUP with the conditions listed below. The Board also asked staff to see if approvals of any nearby industrial uses included conditions on hours of operation. The Planning Coordinator reviewed files for nearby uses. Molin Concrete has a condition on the use of back up beepers on trucks, but none on hours of plant operation. No other time restrictions were found. CONDITIONS OF APPROVAL: SITE PLAN AND CONDITIONAL USE PERMIT 1. An addition to the existing pole barn building shall be allowed that is 20' x 44'. The addition shall be constructed as shown on the submitted plan, building elevations, and floor plan. 2. The exterior of the north side of the existing building and addition shall be cedar siding and cedar shingle, details as described in the August 28, 2000 letter. 3. Open outdoor storage shall be allowed, including semi - trucks, trailers, construction trucks and equipment, materials such as pipe, concrete manholes and culverts, casting, form lumber, sand, gravel, pumps, fuel & tool trailers, fiberglass pools and spas, and other items and materials used with excavation and trucking operations. 4. Open outdoor storage on the site shall not include construction rubble or debris or demolition debris. The intent is that material that is stored on this site is intended to be installed on other sites. 5. The fence along the north side of the storage yard may be moved to be flush with the front of the building. • • • Central Suburban September 25, 2000 page 6 6. The fence shall be repaired and ivy shall be planted along the entire west fence for screening. 7. The site landscaping shall be, at a minimum, as shown on the submitted survey. 8. The applicant must obtain permits from the County for any work in the right of way. 9. The parking lot shall be paved as shown on the submitted plan. If parking becomes an issue of concern for the public safety, the paved parking lot shall be enlarged. 10. The site shall connect to City sewer and water and all assessments paid. 11. The existing septic system must be properly abandoned. 12. The well may be retained for irrigation only, at the discretion of the landowner. If the well is not to be maintained for irrigation, it must be properly abandoned. 13. Proper building permits must be obtained prior to any construction and 1% of the construction costs must be put in escrow to insure completion of all site improvements. 14. No trash shall be stored outside. 15. Approval of the site plan and conditional use permit is not an implied approval of signage. Any signs require a sign permit and must comply with the sign ordinance. OPTIONS 1. Approve the site plan and conditional use permit for expanding the pole building and outdoor storage based on the listed findings and with the conditions listed above. 2. Return to staff with direction. RECOMMENDATION Option 1. L 7■ n iJ ELMEi SCH YWN7T— WWX"RtCNMOl1IY1'"TGAT NO 50 T— - -MMN- 9-FREE -0o(# - NM)!- 1f /6hFOfW Pha*f NNM9£N -P5 AUC 3 4 5 5 6 2 30 4 5 6 7 -- 7 III . ) a © T = p III 111111, 5 IiI CM MI aav Mri WI EU 1111 gm IN RA EW ILI in 61g11 ad�a~�7 MI IIIMI ciri Iasi in LINO LAKES L R EHABILITATIO CENTER 2 3 1 2 3 4 9 10 NW CORNER SEC.17 4.4„,7 .01 ST TE .TRUNK-HIGNYV-0-NOT-49-fr.6"1.-- ,.1...0. ...02A /0 .440 4{. ,. ;II 6 . ;1Y ;.,5: - .A.-/' E.., 4 o'4 .3 dik J • 11.4 : / • ,... (4 ; 2 4 :. • ..._ •.., 7 () .r0r0•11.0 _s" .e.7 74 8 9 • , • „o • / ''.14c ..• Ato 4.1.1 , . 4,0r.:1•11 lt.e) ItfZ7 A .4 0 UTLOT (4) A • • Z• ..,14o:- Aes-se sal./ / 41,k ...sta.' 390. 2 (14 9. Central Suburban, Inc. 1333 Osborne Road Spring Lake Park, Minnesota 55432 (763) 786 -8642 fax (763) 780 -2746 August 1, 2000 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Use of 416 Lilac Drive We are a land development company and will have exterior storage of semi - trucks, trailers, gravel trucks, off road trucks, backhoes, bulldozers, and other construction equipment; materials including pipe, concrete manholes & culverts, castings, form lumber, sand, gravel, pumps, fuel & tool trailers, fiberglass pools & spas and other misc. items used with excavation and trucking operations. The proposed addition to the existing building will be used for the storage of smaller equipment and misc. supplies. In conjunction with the construction of the addition, we will be installing a new facade on the existing building and installing a parking area at the front of the building. We will be hooking up to the city utilities, abandoning the septic system and will re -shape and sod the front area. A sketch is attached showing fencing, parking and green areas. Sincerely, CENTRAL SUBURBAN, INC. A. Menkveld President/C.E.O. RECEIVED AUG 0 4 2000 CITY OF LINO LAKES AUG. -28' 00 (MON) 10:53 PREFERRED BUILDERS TEL:6I2 780 -2746 Central Suburban, Inc. 1333 Osborne Road Spring Lake Park, Minnesota 55432 (763) 786 -8642 fax (763) 780-2746 P. 001 • August 28, 2000 Jeff Smizer City of Lino Lakes VIA FAX: 651 -982 -2499 RE 416 Lilac Drive, Lino Lakes Siding type and color: Horizontal Siding • Cedar - natural finish • 2x6 cedar corner £3 trim boards - cream Siding on gable area • Cedar shingle, stained burgundy Ivy will be planted on West fence for screening. We have 3 office staff with o her employees in field only. Sincerely, CENTRAL SUBURBAN, INC. • A. Menkveld esidendC.E.O. CAINE & ASSOCIATES LAND SURVEYORS, INC. 17720 Highway 65 N.E. — Ham Lake, Yinnasota 55304 434 -7646 CERTIFICATE OF SURVEY FOR: Central Suburban, Inc. LEGAL DESCRIPTION: Lot 5, Block 1, LINO INDUSTRIAL PARK, according to the recorded plat thereof, Anoka County, Minnesota. P" (STATE TRUNK HIGHWAY No. 49) Fence on line 0.7± E. to fence LILAC STREET S 89°0000 "E 155.00 I Drainage and Utility I I 1 f Easement `\ lD N 0 a- O O O O M Z 0 0 0 N 5 7 , +Drainage and Utility Easement — <=__ N _.—► Fence on line L 155.00 N 89 °00'00 "W I .- ..-i.i tir rt 1 0 0 a I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME DR UNDER NY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER nir 1 as ne Tuc CT•IC nC YINIYSLITA_ • N tSTA11E rIIRUNK HIGHWAY No. 49) P3 Fence on line LILAC STREET S 89 °00100 "E 155.00 `, e=QAJEL. Drainage and kir 1 I ) 1 1 , , 1 i 1 ___i. x x x Y act. x- r r Utility "1 Ease J� U o me eso i`. 1)) 36 - 30.8 - —x —x --•a /ihETAL t /BUILDING r. 0.7t E. to fence Drainage 1 36 5 and Utility Easement Y 155.00 N 89 °00'00 "W �x �atov Taki Fulcra x Soo 3- 51 S tzoc..z cr — x —x —x'S at "Amp Fbx..� CV IOS IQ`s o 1 r S -7 _, Fence on _ line Ili N fi'4t)i���i\1:l�tr I HEREBY CERTIFY THAT THIS SURVEY, OR REPORT WAS PREPARED BY NE OR 11Y DIRECT SUPERVISION AND THAT I A LINc DULY RESTERED LAND THE LAWS OFFTHHE STATE OF N SURVEYOR -- • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7 E Jeff Smyser September 25, 2000 Site & Building Plan Review Deer Meadows Golf Range 407 Main St. 3/5 vote The application includes a site and building plan review for a small addition to the existing building at the Deer Meadows Golf Range. This review is based on the following submittals, all received 8/21/00: Letter describing project Existing Floor Plan West View Elevation ANALYSIS 1/4 section detail Proposed Floor Plan North View Elevation The site is in the Rural zoning district. The building addition will not extend the building any closer to any lot lines where setbacks would be an issue. Minimum lot dimensions are not issues with this project because the lot is over 60 acres. • Building The addition will be 12' x 30', built on the north side of the building. The existing building footprint is approximately 720 sf. The addition will add 360 sf for a total of 1080 sf. The addition will be slightly higher than the existing building, but well below the 35 ft. maximum height. The exterior of the main building is masonite siding and the addition will match it. • Lighting No additional exterior lighting will be added as part of this project. • Signage Signage is governed by the City's sign ordinance and permits are required for all signs. Any signs will be reviewed with sign permit applications. • Deer Meadows Site Plan September 25, 2000 page 2 • Landscaping No additional landscaping is planned. • Parking For golf driving ranges, our code requires 10 spaces plus 1 space per 100 sf of building. For the purposes of calculating parking spaces, the ordinance requirement is to use 90% of the gross building area. The total requirement is 20 parking spaces. Though the parking area is not striped, there is sufficient area for the required parking. total footprint 90% required spaces 1080 sf 972 10 + 10 = 20 • Roads, Access, Circulation No change to the driveway access or parking area is planned. PLANNING & ZONING BOARD ACTION The P & Z voted to approve the site plan with the conditions listed below. CONDITIONS OF APPROVAL: SITE PLAN Staff recommends the following conditions apply: 1. Approval of the site plan is not an implied approval of signage. Any signs require a sign permit and must comply with the sign ordinance. 2. No additional exterior lighting shall be installed. 3. Proper building permits must be obtained prior to any construction and 1% of the construction costs must be put in escrow to insure completion of all site improvements. OPTIONS 1. Approve site plan and conditional use permit based on findings in this report and with the conditions of approval listed above. 2. Return to staff with direction. • RECOMMENDATION Option 1 • (1) 1 )3 RECEIVED AUG 2 1 2000 CITY OF LINO LAKES k u �.o r.... �d 4. i.f%r.. it 3.»ifA 33 ISO N K7' 40'/!G'E 3e.o• 88 • "'•- .• ,✓1 °o7LTF • ---i �+ 5 T $ GARNER • �,- 4a;s "� 444.0o . SEC 6 I 0 44 ANOKA COUNTY 33 • •..,„„ in I III I; AT A /%I 9 1 • • • Deer Meadows Golf Range 407 Main Street Lino Lakes, MN 55014 651 -784 -8338 August 21, 2000 City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: Addition to Existing Building, Building Permit This request is in regards to a proposed addition to the existing building of Deer Meadows Golf Range, at 407 Main Street, Lino Lakes. Construction is to begin as soon as possible and is to last for a period of no more than three weeks from the date proposed permit would be issued. This is a simple enclosure, adding an office and floor space to the existing sales area on the north side of the existing building. The proposed project will measure 12 feet x 30 feet. Sewer, water, gas will not be affected by this project and will remain as is. If you have any questions or concerns, please contact me. Sincerely, Dan Robinson Vice President, Deer Meadows, Inc. DR/rs RECEIVED AUG 21 2000 CITY OF LINO LAKES • c VA- • I( L W ti • G +7Y OF LINO LAKES -tt`i C E a C • •■■ 0 e■ L AGENDA ITEM 7F • STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: September 25, 2000 TOPIC: PUBLIC HEARING - Resolution No. 00 -64, Adopt Assessment Roll, Twilight Acres 1St and 2nd Additions VOTE REQUIRED: Simple Majority BACKGROUND: A summary of recent action regarding this matter is as follows: 5/8/00 City Council set assessment hearing for June 26, 2000. 6/26/00 Public Hearing was held. After receiving public comment, the consideration of the resolution was delayed to allow City staff time to gather additional information. 7/10/00 Public Hearing was continued. 7/12/00 Resident Poll sent to neighborhood. 7/24/00 Public Hearing was continued. 8/10/00 Twilight Acres Work Group meeting held. 8/14/00 Public Hearing was continued. 8/28/00 Public Hearing was continued. 8/31/00 Resident Poll #2 sent to neighborhood. 9/19/00 Twilight Acres Work Group meeting #2 held. Resident Poll #2 was sent out to 32 residents in the neighborhood. 19 responses have been received. (Copies of all the responses have been placed in your mailbox at City Hall.) Based on the responses, the residents are generally opposed to the amount of the assessments; not the project. An "acceptable" assessment amount would be limited to the increase in value of their property that is consistent with State Statute. However, based on the appraisal received by the City, these assessments are insufficient to cover the expected costs for the project as currently proposed. City staff has evaluated an alternative design that would provide sanitary sewer service only and would minimize removal and restoration of the roadway. The estimated cost for this alternative would be much lower; but the benefit to each property would also be lower than that provided by installing both sanitary sewer and watermain. However, the difference between the estimated benefit and costs would be smaller than the shortfall with the original project. City staff recommends pursuing the use of Community Development Block Grant (CDBG) funds to cover the shortfall. In order to conclude the process related to the original project, we recommend the City Council not adopt the proposed assessment roll. However, to demonstrate the City's commitment to respond to the resident's needs, staff is requesting the resolution also include directing City staff to: initiate a new project, focus only on sanitary sewer service, and pursue CDBG funding for the expected assessment shortfall. The attached resolution includes these items. OPTIONS: 1. Adopt the assessment roll for the Twilight Acres 1st and 2nd Addition project. 2. Do not adopt the assessment roll for the Twilight Acres 1st and 2nd Addition project. 3. Refer to staff for further review. RECOMMENDATION: Option 2 — Do not adopt the assessment roll for the Twilight Acres 1St and 2nd Addition project. ® Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 00 -64 RESOLUTION NOT TO ADOPT THE ASSESSMENT FOR THE TWILIGHT ACRES 1ST AND 2ND ADDITION PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and heard and passed upon all objections to the proposed assessment for the improvement of Twilight Acres 1st and 2nd Additions, WHEREAS, pursuant to an advertisement for bids for the construction of the Twilight Acres 1st and 2nd Additions project, bids were received, and, WHEREAS, the City has also received an opinion from Taylor Appraisal Company regarding the benefit to the properties within the project area, and WHEREAS, the improvement costs cannot be recovered through the estimated assessments to the benefiting properties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The assessment for this project as proposed is not adopted. 2. The bids for this project are hereby rejected. 3. The City Engineer is directed to notify the contractors of the City's decision and return their bid bonds. 4. City staff is directed to initiate a new project to provide sanitary sewer service only. 5. City staff is directed to pursue CDBG funding for the new project. Adopted by the Lino Lakes City Council this 25th day of September, 2000. John J. Bergeson, Mayor Ry -Chel Gaustad, CMC City Clerk The motion for 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 duly passed and adopted CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on September 25, 2000. Ry -Chel Gaustad, CMC City Clerk • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 9A Linda Waite Smith, City Administrator September 25, 2000 Public Hearing on Proposed Ordinance 14 -00 Adopting a Franchise Agreement with Reliant Energy Minnegasco 3/5 Vote The City's franchise agreement with Minnegasco, now known as Reliant Energy Minnegasco, expired several years ago. In 1999 the City Council directed staff to work towards making all the City's franchise agreements more consistent in terms and effective dates. Staff negotiated a new agreement which was reviewed by franchise attorney James Strommen. The agreement is based largely on a model ordinance currently being updated for the League of Minnesota Cities by Mr. Strommen and others. It expires on March 31, 2012, the same date the Circle Pines Utilities franchise agreement ends. The agreement is contained in Ordinance 14 -00, which requires a public hearing and two readings. The public hearing is scheduled for September 25. The first reading and continuation of the public hearing are scheduled for October 9. The second reading is scheduled for October 23. OPTIONS: 1. Open public hearing on Ordinance 14 -00 at 7:00 p.m. Continue public hearing to October 9 at 7:00 p.m. 2. Delay the public hearing until a later date. RECOMMENDATION: 1. Option 1 Lws /franchise /grnagree • Council Member introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE 14 -00 AN ORDINANCE GRANTING TO RELIANT ENERGY MINNEGASCO, A NATURAL GAS UTILITY, A DIVISION OF RELIANT RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of Lino Lakes ordains: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: 1.1 City. The City of Lino Lakes, County of Anoka, State of Minnesota. 1.2 City Utility System. Facilities used for providing non - energy related public utility service owned or operated by the City or agency thereof, including sewer and water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. 1.4 Company. Reliant Energy Minnegasco, a Division of Reliant Energy Resources Corporation, a Delaware corporation, its successors and assigns, including successors to assignees of those portions of the Company that constitute any part or parts of the Gas Facilities subject to this franchise. 1.5 Effective Date. The date on which the ordinance becomes effective under Section 22. 1.6 Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.7 Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public or private use. 1.8 Non - Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9 Notice. A writing served by a party or parties on another party or parties. Notice to 411 Company must be mailed to: • • Reliant Energy Minnegasco Government & Public Relations 800 LaSalle Avenue Minneapolis, MN 55402 Notice to City must be mailed to: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 1.10 Public Way. Any street, alley or other public right -of -way within the City. 1.11 Public Ground. Land owned or otherwise controlled by the City for parks, open space or similar public purpose. SECTION 2. FRANCHISE. 2.1 Grant of Franchise. The City grants the Company, for a period of until March 31, 2000 from the Effective Date, the right to import, manufacture, transport, distribute and sell Gas for public and private use within and through the limits of the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the public Way and Public Ground subject to the provisions of this ordinance. The Company may do all things reasonably necessary or customary to accomplish these purposes, subject to other applicable ordinances, permit requirements and to further provisions of this ordinance. 2.2 Effective Date. This franchise shall be in force and effect from and after its passage of this ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction. 2.3 Non Exclusive Franchise. This ordinance does not grant an exclusive franchise. 2.4 Publication Expense. The expense of publication of this ordinance must be paid by the Company. 2.5 Default: Dispute Resolution. If the City or Company asserts that the other party is in default in the performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. • • • Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of the mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. SECTION 3. CONDITIONS OF USE. 3.1 Location of Facilities. Gas facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities shall be located on Public Grounds as determined by the City. Company' s construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise. 3.2 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100. 3.3 Permit Required. The Company may not open or disturb the surface of any Public Way or Public Ground without first having obtained a permit from the City, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) where an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice of the city before, if possible, commencement of the emergency repair. On the next business days after commencing the repair, the Company must apply for any required permits and pay the required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in Accordance with Minnesota Rules part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this section 3.4. • • • 3.5 Company Protection of Gas Facilities in Public Ways. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilitates by persons, property or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.6 Notice of Improvements. The City must give the Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain; (i) the nature and character of the improvement, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and, (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to the Company a sufficient length of time in advance of the actual commencement of the work to permit the Company to make any necessary additions, alterations, or repairs to its Gas Facilities. If streets are at final width and grade and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company' s main is located under such street, the City may require the Company to install gas service connections prior to such paving or resurfacing, if it is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City relocation ordinances consistent with law. 4.2 Relocation of Gas Facilities in Public Ground. The City may require the Company to relocate the Gas Facilities within or remove the Gas Facilities from Public Ground, upon a finding by City that the Gas Facilities have become or will become a substantial impairment of the public use or enjoyment to which the Public Ground is or will be put. The relocation or removal will be at the Company's expense. The provisions of this Section 4.2 apply only to Gas Facilities constructed in reliance on this franchise and the Company does not waive its rights under an easement or prescriptive right in the Public Ground. 4.3 Vacation of Public Ways. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. 4.4 Projects with Federal Funding. Relocation, removal or rearrangement of any Gas Facilities made necessary because of the extension into or through the City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46. • • SECTION 5. DEFENSE AND INDEMNIFICATION. 5.1 Indemnity of City. Company shall defend, indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action ever or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. SUCCESSORS IN INTEREST. This ordinance and the rights and obligations conferred hereby, is binding on and inures to the benefit of the City and its successors and on the Company and its successors and permitted assigns. This ordinance and the franchise it confers may not be assigned by the Company without the written consent of the City. SECTION 7. FRANCHISE FEE. 7.1 Form. During the term of franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the company for its operations with the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company - proposed franchise fee formula and such review will not delay the implementation of the City- imposed fee. • • 7.2 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least sixty days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective sixty days after such adopted ordinance is published. 7.3 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier the City has the authority or contractual right to require a franchise fee or similar fee through a previously agreed upon franchise. 7.4 Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 7.5 Continuation of Franchise Fee. If this franchise expires and City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any, being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 8. LIMITATION ON APPLICABILITY. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third -party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. SECTION 9. PREVIOUS FRANCHISE SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. SECTION 10. AMENDMENTS. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto. SECTION 11. SEVERABILITY. If any portion of this franchise is found unenforceable for any reason, the validity of the remaining provisions will not be affected. • • This Ordinance shall be effective upon passage and official publication. Passed by the Lino Lakes City Council on this 25th day of September, 2000. John J. Bergeson, Mayor 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 declared duly passed and adopted. STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 9B Linda Waite Smith, City Administrator September 25, 2000 Public Hearing on Proposed Ordinance 15 -00 Establishing a Meter Fee for Customers of Reliant Energy Minnegasco 3/5 Vote BACKGROUND: The City's franchise agreement with Reliant Energy Minnegasco expired several years ago. That agreement did not impose a franchise fee. In 1999 the City Council directed staff to negotiate a new agreement and include a franchise fee with the intent of treating all franchisees in the City consistently. The new agreement has been submitted to the City Council as proposed Ordinance 14 -00. In conjunction with that agreement, Ordinance 15 -00 establishes a meter fee equivalent to approximately 3% of the average customer bill in each category of customers. Revenue from the meter fee will be dedicated to road reconstruction. In August, letters were sent to more than 3,400 customers of Reliant Energy Minnegasco informing them of the proposed fee and ways they could provide feedback on the proposal. The City Administrator received and documented for City Council review, 26 phone calls from people opposed to the meter fee. Ordinances require two readings and a public hearing. The public hearing for Ordinance 15 -00 is scheduled for 7:00 p.m., September 25. The first reading and the continued public hearing are scheduled for 7:00 p.m., October 9. The second reading is scheduled for October 23. OPTIONS: 1. Open public hearing on Ordinance 15 -00 at 7:00 p.m. Continue public hearing to October 9 at 7:00 p.m. 2. Delay the public hearing until a later date. RECOMMENDATION: 1. Option 1 • Lws /franchise /feegreen • • Council Member adoption: introduced the following ordinance and moved its CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA ORDINANCE NO. 15-00 AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF LINO LAKES. THE CITY COUNCIL OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. The City of Lino Lakes Municipal Code is hereby amended to include reference to the following Ordinance. Subdivision 1. Purpose. The Lino Lakes City Council has determined that it is in the best interests of the City to impose a franchise fee or equivalent fee on those public utility companies that provide gas or electric services within the City. Pursuant to City Ordinance No. 14 -00, a Franchise Agreement between the City and Reliant Energy Minnegasco ( "Minnegasco"), the City has the right to impose a franchise fee. Subd. 2. Franchise Fee. A franchise fee in the form of a per meter fee is hereby imposed on Minnegasco under its gas Franchise in the amount shown below, commencing with the Minnegasco January 2001 billing month. Note that this chart is for Year 2001 and amounts will increase 3% per year. Classification Monthly Fee Annual Fee Residential $ 1.50 $ 18.00 Commercial A $ 1.50 $ 18.00 Commercial B $ 3.50 $ 42.00 Commercial C $ 12.00 $ 144.00 SVDF -A $ 25.00 $ 300.00 SVDF -B $150.00 $1,800.00 • Subd. 3. Payment. The Fee shall be payable to the City in accordance with the terms set forth in the Franchise. Subd. 4. Surcharge. The City acknowledges that Minnegasco may choose to add the full amount of the Fee as a customer surcharge to reimburse the Company for the Fee. Minnegasco shall provide to the City a copy of the proposed customer bill line item describing the Fee thirty days before the first bill collecting the Fee is sent to customers. Subd. 5. Proof of Customer Usage. Minnegasco shall make each payment when due and shall quarterly furnish a complete and correct statement of customers for said quarter. Minnegasco shall permit the City and its designated representative reasonable access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise. Subd. 7. Effective Date of Franchise Fee. The effective date of this Ordinance is from and after its passage and publication. SECTION 2. This ordinance takes effect as provided herein. Read and passed by the City Council of the City of Lino Lakes this _ day of , 2000. John Bergeson, Mayor Ry -Chel Gaustad, CMC City Clerk APPROVED AS TO FORM: Wm. G. Hawkins, City Attorney The motion for adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • IMPORTANT NOTICE August 28, 2000 Dear Resident or Business Owner: The Lino Lakes City Council proposes to establish a monthly meter fee for Reliant Energy Minnegasco customers, effective January 1, 2001. The following information explains why this is being proposed, what effect it will have on you and how you can provide feedback on the proposal. Q: What is a meter fee? A: A meter fee is a type of franchise fee. Cities can charge franchise fees to utility companies that use city right of way to provide service. The fee appears on the utility bill and is collected by the utility and forwarded to the city. Q: Why is the city proposing a meter fee for Minnegasco customers? A: The city has franchise agreements with all utility companies serving the city. Some agreements contain franchise fees, others don't. It is the city's intent to encourage competition and treat utility customers equitably by being consistent. As franchise agreements expire and are renegotiated, franchise fees will be included in all of them. Q: How much is the meter fee? A: The table below shows the proposed fees for various customer classifications. To account for inflation, the fee will increase 3% each year. Classification Monthly Fee Annual Fee Residential $ 1.50 $ 18.00 Commercial A $ 1.50 $ 18.00 Commercial B $ 3.50 $ 42.00 Commercial C $ 12.00 $ 144.00 SVDF -A $ 25.00 $ 300.00 SVDF -B $150.00 $1,800.00 • • Q: How was the fee amount determined? A: The city analyzed average bills of customers served by Circle Pines Utilities, which pays a 7% franchise fee, and Reliant Energy Minnegasco, which pays none. After factoring in the property taxes paid by Reliant Energy Minnegasco, it was decided a meter fee of 3% of the average customer bill would be appropriate. Q: What will the city do with this additional revenue? A: The city council has pledged to dedicate all new franchise fees to road reconstruction. The city's Home Rule Charter prohibits the use of tax dollars for road reconstruction without a referendum approved by the voters. Franchise fees are not considered tax revenue. Q: What is the process and schedule for this proposal? A: The table below shows the steps that must be taken in this process and the dates they are scheduled to occur. Monday September 25 Public Hearing at City Hall Monday October 9 Continue Public Hearing First Reading of Ordinance Monday October 23 Second Reading of Ordinance Monday October 30 Ordinance Published Monday January 1 Ordinance Becomes Effective Q: How can I make my views on this proposal known to the city council? A: You may write or call city council members or the city administrator: Mayor John Bergeson 982 -2492 Council Member Donna Carlson 982 -2490 Council Member Caroline Dahl 982 -2494 Council Member Jeff O'Donnell 982 -2493 Council Member Jeff Reinert 982 -2491 City Administrator Linda Waite Smith 982 -2400. You are also encouraged to attend the public hearings. If you are unable to attend a public hearing you can submit your views in writing to be read into the official record: 600 Town Center Parkway, Lino Lakes, MN 55014 • • • Calls Regarding Proposed Minnegasco Franchise Fee (latest calls added at top of list) NAME PHONE COMMENTS Scott Lawosky? 429 -3200 Natural gas rates are scheduled to rise 30% this winter — adding this 3% is adding insult to injury. If the city wants to equalize the situation between natural gas providers, remove the franchise fee from Circle Pines Utilities. Michael Duffy 484 -4377 There is no way to "level the playing field." Why penalize more people just because people who have Circle Pines natural gas pay a fee? Amend the Charter if necessary, to provide for road reconstruction. This is a roundabout way to raise revenue. Let the people vote on imposing this franchise fee. Denise Larson 784 -4962 Letter sent to all. Her taxes have doubled since 1990. Users have no choice over which utility serves them. This is another junk fee. Dale Edlund 602 -8338 Says charging utility companies a fee for using the right of way when the agreement already requires them to restore the property to city standards, make fee indefensible. Theodore Brausen Letter sent to all. Fee unnecessary and ridiculous. City has some of highest tax rates in metro area. Fee is a deceitful way to take more money from people. Is all for referendums because they give people a choice. Paul Nyberg 484 -0250 Asked how this will promote competition (City Administrator returned his call) Unidentified Male 784 -5629 "It's only $18 per year now, but it's bound to go up!" Rehbein Transit "This is ridiculous! Our business pays plenty in taxes already." Don 407 -0743 Simply stated he's opposed to the proposed fee. Unidentified Male "Have a referendum if you need to, but don't sneak in more taxes." Elwin Klimeck 429 -0287 20 minutes worth of advice; bad idea Warren Ahlers ? 484 -9008 "This doesn't make any sense. If you want to tax us, call it a tax." Larry Schanell ? Said he had called earlier and after thinking about it understood why we were doing it. Sela Meyers 653 -7733 Called Council Member Carlson to say she's opposed. Craig Buracher 792 -9340 Called Carlson. Would rather we raise taxes than impose a hidden tax. Unidentified Male Called Carlson. Let the people vote on whether to have a fee. Unidentified Male Called Carlson. This is ridiculous. Looks like a tax to me. Change the Charter if that's causing a problem. • • • Tony Massaforte 762 -0697 Called Carlson. Peter Schmitdale Called Carlson. This is an additional tax, no matter how you phrase it. Use the referendum. Nancy Bowering 426 -2082 Called Carlson. Said she's very upset. Gerald ? McDonald 483 -5391 Called Carlson. Is against the fee. Just another way to tax. It's a taxation rip -off. Bill Trudeau Called Carlson. Meter fee ridiculous. It's a way to get around listening to constituents. Patricia Lind 786 -2740 Doesn't want any more taxes and this is a tax! Already stressed out because the County may take their business building to widen Lake Drive. Richard Read 426 -6307 Had lots of questions. Thinks taxes are high enough. Very upset that Birch Street was repaved and restriped but not widened so it's not any safer than before. John Humenansky 952 -828- 6387 Concerned that this will spread to phone, garbage removal, etc. Doesn't understand why we want to do this to a "captive" audience. It's a tax. Isn't worth what the City expects to raise. Kelly Sharky 483 -8349 Be more upfront about the way the City does business. Feels the City is trying to pull one over on the residents. "This is the most poorly run City I've lived in all my life."