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HomeMy WebLinkAbout01/26/2004 Council PacketAGENDA CITY OF LINO LAKES Monday, January 26, 2004 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) - Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) January 26, 2004 (Check No. 70149 through 70240 in the amount of $441,522.22). ii) Centennial Fire District (Check No. 14082 through 14096 in the amount of $64,265.31). B) Consider Resolution 04 -13, Approving Application for Temporary On- Sale Liquor License and Resolution 04 -14, Approving Application to Conduct Off -Site Gambling, Circle -Lex Lions Club 2. Open Mike 3. Finance Department Report, Al Rolek A) Consider Resolution 04 -11 Authorizing the Issuance of 2004 Certificates of Indebtedness 4. Administration Department Report, Dan Tesch A) Consider Annual Board Appointments (to follow on Friday) 5. Public Safety Department Report, Dave Pecchia None. Page 1 AGENDA 6. Public Services Department Report, Rick DeGardner None. 7. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 04 -12, Approving Variance to Allow Accessory Building Encroachment into the Front Yard Setback, Joseph Kivel, 6262 Otter Lake Road, Tanda Gretz B) Consider 2nd Reading of Ordinance No. 01 -04, Vacating Drainage and Utility Easements, Mar Don Acres, Jeff Smyser. C) Consideration of Resolution No. 04 -16, Approving Final Plat, Raven's Hollow, Jeff Smyser D) Consider 1St Reading of Ordinance No. 02 -04, Rezoning Certain Real Property from R -4, High Density Residential to R -3, Medium Density Residential, NE corner of Lake Drive and Aqua Lane, Jeff Smyser E) Consideration of Resolution No. 04 -15, Approving Change Order No. 1 and Payment Request #5, West Shadow Lake Drive Improvement Project, Jim Studenski 8. Unfinished Business A) None. 9. New Business A) None. 10. Community Calendar, January 27, 2004 through February 9, 2004: A) Environmental Board Meeting, Wednesday, January 28, 2004, 6:30 p.m. B) Special Planning & Zoning Board Meeting, Wednesday, January 28, 2004, 6:30 p.m. C) Park Board Meeting, Monday, February 2, 2004, 6:30 p.m. D) Council Work Session, Wednesday, February 4, 2004, 5:30 p.m. E) City Council Meeting, Monday, February 9, 2004, 6:30 p.m. Page 2 11. Adjourn Revised 01/21/04 jds 1:13 p.m. AGENDA Page 3 EXPENDITURES JANUARY 26, 2004 Date: 01/08/2004 Time: 09:06:31 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3642 - 3642 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 001187 CONNEXUS ENERGY 1 2,624.58 2,624.58 .00 .00 001952 IVY RIDGE HOME BUILDERS 1 290.00 290.00 .00 .00 002694 SEC, INC. 1 27.54 27.54 .00 .00 003250 XCEL ENERGY 1 2,960.45 2,960.45 .00 .00 004304 SARAFF, RAY 1 1,275.00 1,275.00 .00 .00 004671 VERIZON WIRELES, BELLEVUE 1 55.18 55.18 .00 .00 Grand Totals: 6 7,232.75 7,232.75 .00 .00* Date: 01/08/2004 Time: 09:08:57 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3643 3643 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 001100 CIRCLE PINES POST OFFICE 1 150.00 150.00 .00 .00 004749 WAGNER, STEVE 1 355.00 355.00 .00 .00 Grand Totals: 2 505.00 505.00 .00 .00* Date: 01/15/2004 Time: 13:33:11 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3658 - 3658 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000539 TARGET 1 31.92 31.92 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 1,818.23 1,818.23 .00 .00 003250 XCEL ENERGY 1 2,305.16 2,305.16 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 2,409.67 2,409.67 .00 .00 003910 SAM'S CLUB, INC. 1 164.66 164.66 .00 .00 004560 U S BANK 1 3,666.40 3,666.40 .00 .00 Grand Totals: 6 10,396.04 10,396.04 .00 .00* Date: 01/15/2004 Time: 13:37:00 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3659 - 3659 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 176.20 176.20 .00 .00 001850 HOFFMAN, MICHAEL 1 181.78 181.78 .00 .00 002000 INTL UNION OF OPER ENGR 1 420.00 420.00 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 400.00 400.00 .00 .00 Grand Totals: 4 1,177.98 1,177.98 .00 .00* Date: 01/20/2004 Time: 09:40:07 City of Lino Lakes Operator: JAL Page: FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3668 - 3668 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000118 SNAP -ON INDUSTRIAL, INC. 2 89.02 89.02 .00 .00 000177 MAIN FLORAL LTD, INC. 1 78.91 78.91 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 22.03 22.03 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 302.10 302.10 .00 .00 000364 NORTHERN AIR CORPORATION 1 4,500.85 4,500.85 .00 .00 000541 ASPEN MILLS, INC. 2 308.95 308.95 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 2,130.28 2,130.28 .00 .00 000680 BEST ACCESS SYSTEMS, INC. 1 13.83 13.83 .00 .00 000817 FERGUSON ENTERPRISES, INC. 1 538.22 538.22 .00 .00 000888 JOHNSON, RICK 1 90.00 90.00 .00 .00 000900 BUMPER TO BUMPER, INC. 1 217.88 217.88 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 12,164.50 12,164.50 .00 .00 000990 NEW HOLLAND PLAN 1 73.59 73.59 .00 .00 001044 CHOICEPOINT SERVICES, INC. 1 104.00 104.00 .00 .00 001097 ATOMICPARK.COM 1 80.00 80.00 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 59.64 59.64 .00 .00 001193 INCODE -CMS 1 3,400.00 3,400.00 .00 .00 001504 U. S. BANK TRUST NATIONAL ASSOCIATION 1 733.33 733.33 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 209.23 209.23 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 53.68 53.68 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 153.45 153.45 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 1,395.00 1,395.00 .00 .00 Date: 01/20/2004 Time: 09:40:08 City of Lino Lakes FM Entry - Invoice Journal Vendor # Name # of items Operator: JAL Page: 2 Discount Net Gross Discount Lost 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.27 5.27 .00 .00 002493 FIRST STATE TIRE RECYCLING, INC. 1 284.00 284.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 36,605.25 36,605.25 .00 .00 002760 MN. DEPT OF HEALTH 1 4,570.00 4,570.00 .00 .00 002836 MINNESOTA STATE TREASURER 1 6,509.06 6,509.06 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 859.06 859.06 .00 .00 003123 NATURE CALLS, INC. 1 152.77 152.77 .00 .00 003221 NORTHDALE CONSTRUCTION COMPANY, INC 1 9,728.47 9,728.47 .00 .00 003490 PETTY CASH 1 175.68 175.68 .00 .00 003491 PETTY CASH 1 47.03 47.03 .00 .00 003500 PHOTO WORLD, INC. 1 28.72 28.72 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 3 4,960.11 4,960.11 .00 .00 003990 SHOREVIEW, CITY OF 1 10,687.97 10,687.97 .00 .00 004100 SPRINGSTED, INC. 2 20,460.58 20,460.58 .00 .00 004110 CARL BOLANDER & SONS COMPANY 1 16,556.47 16,556.47 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 004305 M.A.L.E.F.I. 1 180.00 180.00 .00 .00 004350 T.K.D.A. 25 164,679.17 164,679.17 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 594.79 594.79 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 184.75 184.75 .00 .00 004760 WALDOCH SPORTS, INC. 1 46.97 46.97 .00 .00 004840 WINNICK SUPPLY, INC. 1 18.91 18.91 .00 .00 Grand Totals: 73 304,443.52 304,443.52 .00 .00* Date: 01/20/2004 Time: 09:48:49 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3670 - 3670 Trans #: (A) Line #: (A) Due Date: (A) 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 000093 ACE SOLID WASTE, INC. 1 350.79 350.79 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 239.63 239.63 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 10.95 10.95 .00 .00 000293 WIPERS AND WIPES, INC. 2 310.32 310.32 .00 .00 000309 INET7 INTERNET SERVICES, INC. 1 74.85 74.85 .00 .00 000424 ANOKA COUNTY CHIEFS OF POLICE ASSOC 1 30.00 30.00 .00 .00 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 505.67 505.67 .00 .00 000539 TARGET 1 86.68 86.68 .00 .00 000724 BLUE TOW SERVICE, INC. 3 370.00 370.00 .00 .00 000946 C. B. OFFICE PRODUCTS 2 361.86 361.86 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 109,755.75 109,755.75 .00 .00 001270 DALCO, INC. 1 287.02 287.02 .00 .00 001292 DEHN OIL COMPANY, INC. 2 2,788.00 2,788.00 .00 .00 002009 10,000 LAKES CHAPTER 1 120.00 120.00 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 288.00 288.00 .00 .00 002550 MENARDS, INC. 6 360.71 360.71 .00 .00 002552 MENARDS, INC. 1 186.30 186.30 .00 .00 002565 METRO ATHLETIC SUPPLY, INC. 1 159.48 159.48 .00 .00 003123 NATURE CALLS, INC. 1 152.78 152.78 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 68.64 68.64 .00 .00 003491 PETTY CASH 1 33.16 33.16 .00 .00 Date: 01/20/2004 Time: 09:48:50 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 003550 ALPHA ATHLETICS 1 415.00 415.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 2 51.60 51.60 .00 .00 004150 STAR TRIBUNE, INC. 1 267.30 267.30 .00 .00 004240 STREICHER'S, INC. 1 66.94 66.94 .00 .00 004256 MAPLE GROVE COMMUNITY CENTER 1 35.00 35.00 .00 .00 004306 CHISAGO COUNTY EMERGENCY MANAGEMENT 1 100.00 100.00 .00 .00 004307 FBI -LEEDA 1 35.00 35.00 .00 .00 004308 NORTH STAR PUMP SERVICE 1 208.00 208.00 .00 .00 Grand Totals: 42 117,766.93 117,766.93 .00 .00* Date: 01/20/2004 Time 09:55:55 Operator: JAL Ranges: Options: 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) 3644 - 3672 (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description 70157 0 0 70160 70151 0 0 70161 0 0 0 70163 70152 0 0 0 0 Dept Amount AMERICAN FAMILY LIFE A BLUE TOW SERVICE, INC. INCODE -CMS INTL UNION OF OPER ENG IVY RIDGE HOME BUILDER METRO COUNCIL WASTEWAT MINNESOTA STATE TREASU MN NCPERS LIFE INSURAN MN. DEPT OF HEALTH PETTY CASH PRESS PUBLICATIONS, IN PRESS PUBLICATIONS, IN SARAFF, RAY SHOREVIEW, CITY OF SPRINGSTED, INC. T.K.D.A. WILLIAM G. HAWKINS & A PAYROLL WITHHOLDING TOW /CHEV P U LICENSE FEE /TRAINING PAYROLL WITHHOLDING REIMBURSE WATER METER /TA DECEMBER SAC QUARTERLY SURCHARGE REPO PAYROLL WITHHOLDING 4TH QUARTER WATER FEE SUPPLIES /POSTAGE /PARKING ADVERTISING ADVERTISING REIMBURSE SAC 282 ELM ST QUARTERLY UTILITY BILLIN TIF- LEGACY HAILEY MANOR GRADING /NOV MUNICIPAL /CRIMINAL ATTOR * * * * * * ** Total for Dept ** METRO ATHLETIC SUPPLY, SCOREBOOKS /PUMP Total for Dept 201 O ALPHA ATHLETICS SHIRTS O METRO ATHLETIC SUPPLY, SCOREBOOKS /PUMP Total for Dept 202 O PETTY CASH SUPPLIES Total for Dept 205 O PETTY CASH 70166 U S BANK ADULT IN ADULT SP ADULT SP SPECIAL SUPPLIES /POSTAGE /PARKING YOUTH IN LAPTOP /PALM /PROG REC SUP YOUTH IN Total for Dept 207 176.20 370.00 - 1,800.00 420.00 290.00 34,055.25 6,509.06 400.00 4,570.00 51.25 25.80 586.95 1,275.00 10.40 10,382.83 52,010.61 345.00 109,678.35* 138.39 138.39* 138.33 21.09 159.42* 22.11 22.11* 22.61 841.09 863.70* O ALPHA ATHLETICS SHIRTS YOUTH SP 276.67 Total for Dept 208 276.67* Date: 01/20/2004 Time: 09:55:55 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O C. P. OFFICE PRODUCTS NAME PLATES MAYOR /CO 26.63 O MAIN FLORAL LTD, INC. FLORAL ARRANGEMENTS MAYOR /CO 78.91 0 PETTY CASH SUPPLIES /POSTAGE /PARKING MAYOR /CO 41.63 Total for Dept 401 147.17* 0 ASPEN MILLS, INC. FLEXIBLE SPENDING ADMINI ADMINIST 174.00 O CHOICEPOINT SERVICES, DRUG TESTING ADMINIST 104.00 0 ONVOY, INC. WEB HOSTING ADMINIST 47.50 0 PETTY CASH SUPPLIES /POSTAGE /PARKING ADMINIST 17.07 70163 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 261.23 0 STAR TRIBUNE, INC. ADVERTISING ADMINIST 267.30 70166 U S BANK LAPTOP /PALM /PROG REC SUP ADMINIST 117.09 Total for Dept 402 988.19* 70163 PRESS PUBLICATIONS, IN ADVERTISING ELECTION 406.36 70165 TARGET SUPPLIES ELECTION 31.92 Total for Dept 403 438.28* O INCODE -CMS 70166 U S BANK LICENSE FEE /TRAINING FINANCE 5,200.00 LAPTOP /PALM /PROG REC SUP FINANCE 633.60 Total for Dept 407 5,833.60* WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO 11,727.50 Total for Dept 414 11,727.50* 70163 PRESS PUBLICATIONS, IN ADVERTISING ECONOMIC 54.83 0 SHORT - ELLIOTT - HENDRICK TIF /NOVEMBER ECONOMIC 2,693.83 0 SPRINGSTED, INC. TIF - LEGACY ECONOMIC 5,429.32 70166 U S BANK LAPTOP /PALM /PROG REC SUP ECONOMIC 39.50 Total for Dept 415 8,217.48* O PRESS PUBLICATIONS, IN ADVERTISING PLANNING 25.80 70163 PRESS PUBLICATIONS, IN ADVERTISING PLANNING 19.35 0 SHORT- ELLIOTT - HENDRICK GIS SERVICE /DECEMBER PLANNING 760.00 Total for Dept 416 805.15* 0 T.K.D.A. PROF SERV /NOVEMBER- ENGINEER 9,977.29 Total for Dept 417 9,977.29* 0 ADVANCED GRAPHIX, INC. LIC PLATES POLICE 239.63 0 ANOKA COUNTY CHIEFS OF DUES /3 POLICE 30.00 O ASPEN MILLS, INC. UNIFORM SUPPLIES POLICE 134.95 O CHISAGO COUNTY EMERGEN '04 MEMBERSHIP /DAVE P POLICE 100.00 O CLEARWATER CREEK CONVE CAR WASHES POLICE 59.64 70150 CONNEXUS ENERGY MONTHLY SERVICE /DECEMBER POLICE 15.98 O EMERGENCY AUTOMOTIVE T VERTICAL MOUNT /PARTITION POLICE 209.23 O FBI -LEEDA MEMBERSHIP /DAVE P POLICE 35.00 O M.A.L.E.F.I. TASER TRAINING POLICE 180.00 O PHOTO WORLD, INC. FILM PROCESSING POLICE 13.19 70164 SAM'S CLUB, INC. SUPPLIES POLICE 76.54 Date: 01/20/2004 Time: 09:55:55 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 STATE OF MINNESOTA CONNECT CHARGES / /DECEMBE O STREICHER'S, INC. SUPPLIES 70154 VERIZON WIRELES, BELLE MONTHLY SERVICE /DECEMBER 70155 WAGNER, STEVE REIMBURSE TASERS /BATTERI 70167 XCEL ENERGY MONTHLY SERVICE /DECEMBER Total for Dept 420 O CENTENNIAL FIRE DISTRI BUDGET Total for Dept 421 0 10,000 LAKES CHAPTER 70150 0 0 0 70153 70156 70167 CONNEXUS ENERGY JOHNSON, RICK MENARDS, INC. PHOTO WORLD, INC. SBC, INC. XCEL ENERGY XCEL ENERGY REGISTRATION /2 Total for Dept 422 MONTHLY SERVICE /DECEMBER DEER REMOVAL LUMBER FILM PROCESSING MONTHLY SERVICE /DECEMBER STREETS MONTHLY SERVICE /DECEMBER STREETS MONTHLY SERVICE /DECEMBER STREETS Total for Dept 430 POLICE 390.00 POLICE 66.94 POLICE 55.18 POLICE 355.00 POLICE 3.14 1,964.42* FIRE 109,755.75 109,755.75* BUILDING 120.00 120.00* STREETS 741.66 STREETS 90.00 STREETS 19.74 STREETS 15.53 9.18 2,960.45 290.76 4,127.32* 0 AMERICAN FASTENER & SU O BUMPER TO BUMPER, INC. 0 DALCO, INC. O DEHN OIL COMPANY, INC. O FACTORY MOTOR PARTS CO O NEW HOLLAND PLAN O PETTY CASH O SNAP -ON INDUSTRIAL, IN O THANE HAWKINS POLAR CH O TOLL GAS & WELDING SUP O WALDOCH SPORTS, INC. O WINNICK SUPPLY, INC. 0 0 0 0 0 70158 70149 70150 0 0 0 0 0 0 DRILL BITS PARTS /SUPPLIES JANITORIAL SUPPLIES GASOHOL BATTERY LAMP /BULB SUPPLIES TOOLS PARTS /SUPPLIES CYLINDER PARTS THIMBLES /CLAMPS Total for Dept 431 ACE SOLID WASTE, INC. AMERIPRIDE LINEN /APPAR ATOMICPARK.COM BEST ACCESS SYSTEMS, I C. P. OFFICE PRODUCTS CENTERPOINT /MINNEGASCO CIRCLE PINES POST OFFI CONNEXUS ENERGY COORDINATED BUSINESS S GLENWOOD INGLEWOOD, IN LIFE SAFETY SYSTEMS, I MENARDS, INC. NARDINI FIRE EQUIPMENT NORTHERN AIR CORPORATI WASTE REMOVAL MAT RENTAL PACEMAKER UPGRADE SPINDLE OFFICE SUPPLIES MONTHLY SERVICE /DECEMBER FIRST CLASS MAILING PERM MONTHLY SERVICE /DECEMBER METER MAINTENANCE MONTHLY SERVICE /DECEMBER MONITORING BARS /PAINT /GYPSUM INSPECT /RECHARGE PORTABL COND MOTOR FLEET 26.26 FLEET 217.88 FLEET 287.02 FLEET 2,788.00 FLEET 68.64 FLEET 73.59 FLEET 19.88 FLEET 89.02 FLEET 594.79 FLEET 5.27 FLEET 46.97 FLEET 18.91 4,236.23* GOVERNME 350.79 GOVERNME 302.10 GOVERNME 80.00 GOVERNME 13.83 GOVERNME 90.39 GOVERNME 1,109.16 GOVERNME 150.00 GOVERNME 861.38 GOVERNME 505.67 GOVERNME 53.68 GOVERNME 288.00 GOVERNME 480.44 GOVERNME 859.06 GOVERNME 4,500.85 Date: 01/20/2004 Time 09:55:55 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 70164 0 70166 0 70167 70158 70150 70159 0 0 0 70167 Description Dept Amount PETTY CASH SAM'S CLUB, INC. TARGET U S BANK WIPERS AND WIPES, XCEL ENERGY SUPPLIES /POSTAGE /PARKING SUPPLIES SUPPLIES LAPTOP /PALM /PROG REC SUP INC. SUPPLIES MONTHLY SERVICE /DECEMBER Total for Dept 432 CENTERPOINT /MINNEGASCO CONNEXUS ENERGY HOFFMAN, MICHAEL MENARDS, INC. NATURE CALLS, INC. PETTY CASH XCEL ENERGY MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /DECEMBER MEALS /PARKING LUMBER PARKS PORTABLE RESTROOMS PARKS SUPPLIES PARKS MONTHLY SERVICE /DECEMBER PARKS Total for Dept 450 GOVERNME 23.12 GOVERNME 88.12 GOVERNME 9.97 GOVERNME 42.89 GOVERNME 310.32 GOVERNME 4.92 10,124.69* PARKS 163.16 PARKS 47.93 PARKS 181.78 46.83 305.55 36.22 70.24 851.71* O C. P. OFFICE PRODUCTS OFFICE SUPPLIES 0 INET7 INTERNET SERVICE HOSTING 0 MAPLE GROVE COMMUNITY REGISTRATION /LIZ B O TARGET SUPPLIES Total for Dept 451 0 PETTY CASH SUPPLIES /POSTAGE /PARKING 70163 PRESS PUBLICATIONS, IN ADVERTISING O TIMESAVER OFF -SITE SEC DEC 17 Total for Dept 461 O FIRST STATE TIRE RECYC RECYCLING DAY 70163 PRESS PUBLICATIONS, IN ADVERTISING Total for Dept 462 RECREATI 244.84 RECREATI 74.85 RECREATI 35.00 RECREATI 76.71 431.40* ENVIRONM 20.00 ENVIRONM 12.90 ENVIRONM 184.75 217.65* SOLID WA 284.00 SOLID WA 268.25 552.25* O U. S. BANK TRUST NATIO GO IMPROVEMENT 2003A DEBT SER 733.33 Total for Dept 470 733.33* 70158 70150 0 0 0 70153 0 70166 70167 CENTERPOINT /MINNEGASCO CONNEXUS ENERGY FERGUSON ENTERPRISES, ONE CALL CONCEPTS, INC PETTY CASH SBC, INC. SHOREVIEW, CITY OF U S BANK XCEL ENERGY MONTHLY SERVICE /DECEMBER MONTHLY SERVICE /DECEMBER PARTS MONTHLY SERVICE /DECEMBER SUPPLIES MONTHLY SERVICE /DECEMBER QUARTERLY UTILITY BILLIN LAPTOP /PALM /PROG REC SUP MONTHLY SERVICE /DECEMBER Total for Dept 494 WATER 545.91 WATER 762.14 WATER 538.22 WATER 76.73 WATER 1.98 WATER 18.36 WATER 9,383.79 WATER 1,992.23 WATER 1,105.93 14,425.29* O AMERICAN FASTENER & SU BOLTS SEWER 70150 CONNEXUS ENERGY MONTHLY SERVICE /DECEMBER SEWER 0 MINNESOTA PIPE & EQUIP COVER /PAINT /FLAG SEWER O NORTH STAR PUMP SERVIC CHECK CONTROLS & RELAY /L SEWER 6.72 195.49 2,130.28 208.00 Date: 01/20/2004 Time 09:55:55 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O ONE CALL CONCEPTS, INC MONTHLY SERVICE /DECEMBER SEWER 76.72 O SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN SEWER 1,293.78 70167 XCEL ENERGY MONTHLY SERVICE /DECEMBER SEWER 830.17 Total for Dept 495 4,741.16* O CARL BOLANDER & SONS C CONTRACTOR /CENTURY TRAIL OTHER 16,556.47 O METRO COUNCIL WASTEWAT DECEMBER SAC OTHER 2,550.00 O NORTHDALE CONSTRUCTION CONTRACTOR /BLACK DUCK PU OTHER 9,728.47 70163 PRESS PUBLICATIONS, IN ADVERTISING OTHER 799.80 0 SHORT - ELLIOTT - HENDRICK PROF SERV /DECEMBER -BLACK OTHER 1,506.28 0 T.K.D.A. 2003 SURFACE WATER /NOVEM OTHER 102,691.27 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR OTHER 92.00 Total for Dept 499 133,924.29* O KENNEDY AND GRAVEN, IN LEGAL SERVICES PANATONI 170.50 O SPRINGSTED, INC. TIF- PANATONI PANATONI 4,648.43 Total for Dept 525 4,818.93* 0 KENNEDY AND GRAVEN, IN LEGAL SERVICES LEGACY A 1,224.50 Total for Dept 530 1,224.50* Grand Total 441,522.22* Centennial Fire District Check Register 1/21/2004 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 1/20/2004 14082 1/20/2004 14083 1/20/2004 14084 1/20/2004 14085 1/20/2004 14086 1/20/2004 14087 1/20/2004 14088 1/20/2004 14089 1/20/2004 14090 1/20/2004 14091 1/20/2004 14092 1/20/2004 14093 1/20/2004 14094 1/20/2004 14095 1/20/2004 14096 Armour Security, Inc. Batteries Plus Citgo Petroleum Corporation City of Lino Lakes Loffler Business Systems Milo Bennett MN Metro Fire Chief's Officer's Assn. Photoworld Qwest Rivard Tailoring Sam's Club Tierney Brothers, Inc. Viking Office Products Xcel Energy Tierney Brothers, Inc. 1 of 1 ACCOUNT 42110 - Other Maintenance 42130 - Equipment Expense 42100 - Fuel and Lube 41000 - Payroll Expenses 42180 - Office Supplies 42130 - Equipment Expense 42200 - Dues and Memberships 42180 - Office Supplies 42240 - Telephone 42120 - Uniform Expense 42180 - Office Supplies 42130 - Equipment Expense 42180 - Office Supplies 42254 - Station 2 - Electric 45600 - Donated Items Expense AMOUNT 241.23 134.48 51.14 59296.07 24.45 506.22 100.00 10.95 187.90 149.63 24.40 245.33 249.09 542.73 2 501 69 $64,265.31 AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: January 26, 2004 TOPIC: Consider Resolution 04 -13, Approving Application for Temporary On -Sale Liquor License and Resolution 04 -14, Approving Application to Conduct Off -Site Gambling, Circle -Lex Lions Club VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Circle -Lex Lions Club is planning its annual fundraising dinner for March 27, 2004 at St. Joseph Catholic Church, 171 Elm Street. A licensed organization, under the State Gambling Statutes, may conduct lawful gambling on a site other than the organization's permitted premises for one day per calendar year or within a 12- consecutive -day period in a calendar year in connection with a county fair, church festival or a civic celebration. The Circle -Lex Lions Club has submitted an application, for council approval, to conduct a raffle at this annual fundraiser. As required by the Gambling Control Board, the approval must be in the form of a resolution. The Lions Club has also submitted an application requesting approval for a 1 to 4 Day Temporary On -Sale Liquor License. This license is necessary to allow the Lions Club to mix and dispense liquor. The mixed drinks will be served as part of the dinner and will not be sold separately. The temporary on -sale license application must be approved by the city council and forwarded, by the organization, to the Alcohol & Gambling Enforcement Division at least 30 days prior to the event. City policy requires a background investigation each time a permit or license application is received. The Lino Lakes Police Department conducted an investigation and found no reason to deny the application. The completed applications and a copy of the certificate of liability insurance are on file in the city clerk's office. OPTIONS: 1. Approve applications for the 1 to 4 day temporary on -sale liquor license and the off -site gambling license. 2. Deny applications. 3. Return to staff for further information. RECOMMENDATION: 1. Approve applications. Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 04 -13 RESOLUTION APPROVING CIRCLE -LEX LIONS APPLICATION FOR A TEMPORARY ON -SALE LIQUOR LICENSE WHEREAS, Minnesota State Statute, Section 340, allows city council to issue a temporary on -sale liquor license to a non - profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Circle -Lex Lions Club has completed the necessary license application and paid the required fee, and WHEREAS, the City of Lino Lakes has conducted the required background investigation, and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application to be approved by the City of Lino Lakes City Council before submitting to liquor control. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of the Circle -Lex Lions Club for a temporary on -sale liquor license. Adopted by the Lino Lakes City Council this 26th day of January, 2004 John Bergeson, Mayor ATTEST: Ann Blair, City Clerk CITY OF LINO LAKES RESOLUTION NO. 04 -14 RESOLUTION APPROVING CIRCLE -LEX LIONS REQUEST TO CONDUCT OFF -SITE GAMBLING WHEREAS, Minnesota State Statute, Section 349 requires organizations to be licensed by the Charitable Gambling Control Board, and WHEREAS, the Circle -Lex Lions Club has acquired said license, and WHEREAS, the Circle -Lex Lions Club has submitted an application to hold its annual off -site gambling activity at St. Joseph Catholic Church on March 27, 2004, and WHEREAS, the Minnesota Gambling Control Board requires the City of Lino Lakes approve or deny this application by resolution, and WHEREAS, the Circle -Lex Lions Club is in compliance with City ordinance, NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the off -site gambling activities of the Circle -Lex Lions Club being conducted at St. Joseph Catholic Church. Adopted by the Lino Lakes City Council this 26th day of January, 2004 John Bergeson, Mayor ATTEST: Ann Blair, City Clerk ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (952)893 -9218 FAX (952)893 -9402 CORPORATE 4 INS AGENCY, INC. 7220 METRO BOULEVARD EDINA, MN 55439 -2133 `-'INSURED DATE (MM/DDIYYYY) 12/05/2003 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POIY1C_E$ BELOW. INSURERS AFFORDING COVERAGE NAIC # Circle Pines - Lexington Lions Club PO Box 13 Circle Pines, MN 55014 INSURER A: Lexington Insurance INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE ANY MAY POLICIES. POLICIES REQUIREMENT, PERTAIN, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDfNI TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR D01, TYPE Op INSURANCE POLICY NUMBER POLICY EFFECTIVE AGTF MIADP'Yt POLICY EXPIRATION OAT [MMIRIIIW) OMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRFMISF3 (Fn evruronrp) $ CLAIMS MADE n OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPUES PER: PRODUCTS • COMP /OP AGG $ POLICY n JECT I LOC AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS Tt I It`n�)r,AI�CE IS c,: rrl((VN SOTA SURPLUS AG . '�'I-s,E INSURER fS 1 �' 1 ,( +,LS INSURER BLT LICENSED BY THE S1 E C)F ,NSOLVENCY, CASEEN r Ij f .o_ f 0"i..r /J\(TFFr) SURPLUS LINES TAX ISSUED PURSUA.I�IT LINES I� AN ELIGIBLE lS NOT Gi ATE OF MENNESOTA. PAYMENT TO SU1RANCE _I.+�PLUS HE}3V111SE IN OF CLAIMS COMBINED SINGLE LIMIT (Ea accident) $ _ BODILY person)RY $ _� BODILY eracciNJURY (Per acCidenI) $ — PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ $ GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 7 /UMBRELLA UABILTY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS UASIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 1 1) 1 TORY STATU- I. IOER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A quor Liability +' /31 /2003 10/31/2004 See Below D €SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS AODED BY ENDORSEMENT / SPECIAL PROVISIONS Limits: $10,000 PD each occurrence /$300,000 BI each person and each occurrence /$300,000 loss of support each person and each occurrence /$600,000 aggregate limit per club. \"'' City of Lino Lakes Lino Lakes, MN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR RE #RESENTATWES. ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE Jane Johnson /MARYB 12A,tx— g£312444crY0 :.ACORD CORPORATION 1988 AGENDA ITEM 3A STAFF ORIGINATOR Al Rolek MEETING DATE January 26, 2004 TOPIC Authorizing the Issuance of the 2004 Certificates of Indebtedness Simple Majority (3/5) VOTE REQUIRED BACKGROUND The 2004 budget called for the issuance of Certificates of Indebtedness in the amount of $274,000 to be used for the purchase of capital equipment as part of our equipment replacement program. The Area and Unit Fund has sufficient reserves to issue a loan to finance these purchases. A Special Levy will pay for this certificate in 2005, 2006 and 2007 and the levy proceeds will be credited to the Area and Unit Fund. The equipment to be funded with the 2004 Certificate of Indebtedness is listed on the attached schedule. OPTIONS 1. Approve Resolution 04 -11 issuing the 2004 Certificates of Indebtedness 2. Return to staff for further review RECOMMENDATION Option 1. CITY OF LINO LAKES RESOLUTION NO. 04 -11 RESOLUTION AUTHORIZING THE ISSUANCE OF 2004 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 2004 budget calls for the issuance of certificates amounting to $274,000.00 and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for these certificates in 2005, 2006 and 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Improvement Project Fund (401), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $274,000.00 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 2004 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 2004 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Improvement Project Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $274,000 plus interest at 4% per annum in three installments in 2005, 2006 and 2007 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated January 26th, 2004 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 2004. It is Hereby Certified and Recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be A -6 duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. Adopted by the City Council of Lino Lakes, Minnesota, this 26th day of January, 2004. John Bergeson, Mayor Ann Blair, City Clerk Page 2 SCHEDULE OF PAYMENTS 2004 CERTIFICATES OF INDEBTEDNESS - December 31, 2005 December 31, 2006 December 31, 2007 Total Interest Rate - 4% Levy 2004 Payable 2005 Levy 2005 Payable 2006 Levy 2006 Payable 2007 Total FEBRUARY 1, 2004 PRINCIPAL $ 81,000.00 95,000.00 98,000.00 $274,000.00 INTEREST $ 21,007.00 7,720.00 3,920.00 $ 32,647.00 TOTAL $102,007.00 102,720.00 101,920.00 $306,647.00 $107,107.00 (includes 5% overlevy) 107,856.00 107,016.00 $321 979.00 STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: AGENDA ITEM 7A Tanda Gretz January 26, 2004 Resolution No. 04 -12: Variance from the required 40' street setback for an attached garage Joseph Kivel 6262 Otter Lake Road ACTION REQUIRED: 3/5 vote BACKGROUND The applicant is asking to site an attached garage 15 feet from the road right -of -way of Otter Lake Road, which is a County road. City Zoning Ordinance, however, states that the street setback on such a road should be 40 feet. The property currently does not contain a garage. Historically, the detached garage that currently exists on the property immediately to the north, at 6266 Otter Lake Road, belonged to the home that is on the Kivel property. A lot split was done in 1979, however, which placed that existing garage on a newly created lot to the north, rather than with the house. Thus, the home on the Kivel property has been without a garage since 1979, while the property to the north has both an attached garage and a detached garage. An access agreement was maintained between the two properties for many years, whereby access to what is now the Kivel property took place via the driveway at 6266. That access agreement expired in July 2001, and at that time Anoka County permitted a driveway to be constructed on the Kivel property. This report is based on the following exhibits: 1.) General Location Map 2.) Correspondence from Anoka County to Mr. Kivel, dated April 20, 2001 3.) Correspondence from Director of Public Safety, Rick DeGardner 4.) Mr. Kivel's Narrative 5.) Certificate of Survey — dated 11/04/03 City Council January 26, 2004 Kivel Variance ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site, as well as surrounding properties. Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural Executive (R -X) West Low Density, Sewered Residential (across 35E) Rural Executive (across 35E) North Low Density, Unsewered Residential Rural Executive (R -X) East Otter Lake Otter Lake South Low Density, Unsewered Residential Rural Executive (R -X) Setbacks The applicant has made alterations to the proposed garage site as a result of comments from staff and members of the Planning & Zoning Board: whereas previously the garage was to be detached, it is now proposed as an attached garage. As a result of this change, the garage is now sited farther from the road right -of -way. The proposed garage setback is now 15 feet from the front property line, or the street right -of -way. Previous configurations had it placed one foot from the front property line. The City's required setback is 40 feet, so there is still a 25 -foot difference between what the applicant is proposing and what the Zoning Ordinance directs. Additionally, this new configuration also achieves another prime objective of staff and Planning & Zoning Board members: siting the garage outside of Anoka County's stated future right -of -way area. The memo from Roger Butler, Anoka County Traffic Engineering Coordinator (Exhibit 2), states that Anoka will require an additional 10 of right -of -way for Otter Lake Road. With the applicant's new proposal, the garage would result in a setback of five feet from the property line once this additional ten feet is taken, whereas with previous configurations the garage would have been sited within this future right -of -way area. Lastly, the new configuration also eliminates the need for a second variance. That is, the variance to allow a detached accessory structure to be placed closer the front lot line that the principle structure is no longer needed because the garage is now attached. 2 City Council January 26, 2004 Kivel Variance Grounds for Variance The applicant is requesting a variance from the required street setback based on the following physical constraints /impediments: a holding tank, a drainfield, and topography which drops on the southern portion of the lot. All three of these constraints constitute legitimate hardships in terms of variance criteria, as they prohibit the applicant from complying with what the ordinance directs. Accessory Building Requirements The Lino Lakes Zoning Ordinance (Sec. 3, subd. 4.D.8.f) directs that the subject property be allowed up to 1,200 sq.ft. of accessory building square footage. Additionally, the number of accessory buildings is limited to either two detached accessory structures OR one detached and one attached structure. The proposed garage would meet these requirements. The Zoning Ordinance (Sec. 5, subd. 2.C.3) further states that all dwellings located in the R -X District shall have a double garage. Otter Lake Road Right -of -Way The County reports it currently has 50 feet of right -of -way east of the centerline of Otter Lake Road, but that it will require an additional 10 feet of right -of -way for future road improvements, for a total of 60 feet of right -of -way east of the centerline. The applicant's current proposal sites the garage 15 feet from the current right -of- way /property line under (50 feet R.O.W.), which would then decrease to 5 feet from the right -of -way /property line under the future Anoka conditions (60 feet R.O.W.). Additionally, the Lino Lakes Park & Trail plan shows a future trail to be located along Otter Lake Road. Public Services Director Rick DeGardner states that any such future trail should be adequately accommodated within the 60 feet right -of -way that the County requires (Exhibit #3). Anoka County Right -of -Way Acquisitions staff person Mike Kelly, however, counsels that Anoka County — in light of budget cuts — is currently reviewing how it administers its right -of -way and urged Lino Lakes to consider its own right -of -way needs for paths /trails in situations such as the subject application, rather than fully relying on the County. Neighboring Property to the North Planning & Zoning Board members requested that the applicant explore a possible purchase or land swap with his neighbor to the north, whereby it might be possible to construct a driveway on the north side of the home which would lead to a garage site on 3 City Council January 26, 2004 Kivel Variance the lake -side of the home. The applicant has reported that his neighbor has no interest in selling or swapping land. Planning & Zoning Board Recommendation The above report was presented at the October 8, 2003 and January 14, 2004 meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed Variance (4 -0), with the condition noted. Conclusion There is definitely hardship demonstrated in the form of the location of the holding tank, drain field, and topography, the locations of which are precluding a garage from being sited in areas which would satisfy zoning ordinance requirements. For these reasons, staff would recommend approval of this variance, with the following condition: 1.) The applicants, their successors, and assigns are hereby notified that should Otter Lake Road expand by ten feet or less, neither the City and/or road authority will pay compensation to the property owners for severance damages due to their encroachment in the setback area. OPTIONS 1.) Approve the proposed variance. 2.) Deny the proposed variance. 3.) Return to staff with direction. RECOMMENDATION Option #1 4 CITY OF LINO LAKES RESOLUTION NO. 04-12 RESOLUTION APPROVING A VARIANCE FROM STREET SETBACK REQUIREMENTS, TO ALLOW A 15 -FOOT SETBACK FOR AN ATTACHED GARAGE WHEREAS, the City has received an application for a Variance which requests that an attached garage be sited with a 15 -foot street setback rather that the required 40 -foot setback for property located at 6262 Otter Lake Road, and WHEREAS, the City's zoning ordinance, in Section 5, subd. 2.B.3.a.2, requires that property zoned R -X have a 40 foot street setback from collector or arterial roads, and WHEREAS, Otter Lake Road is a County road and classed as a major collector roadway under the Lino Lakes Transportation Plan, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance, as described in the attached staff report, dated January 26, 2004, with the following condition: 1.) The applicants, their successors, and assigns are hereby notified that should Otter Lake Road expand by ten feet or less, neither the City and/or road authority will pay compensation to the property owners for severence damage due to their encroachment in the setback area.. Adopted by the Lino Lakes City Council this 26th day of January, 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk TERVIE _ I LAKES GOB BIRL - 3THEET EXHIBIT # I LIS I6 1 18 19 AT 2E0 R £ARW 21 ourcor a •rr R T 9 , ©o K ` Lot • Y • 0 Joe Kivel 1648 Concordia Ave. St. Paul, MN 55104 Mr. Kivel, COUNTY OF EXHIBIT # Z Public Services Division HIGHWAY DEPARTMENT ' 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005 (763) 862 -4200 FAX (763) 862 -4201 • April 20, 2001 We have reviewed your request for a residential access to.the property at 6262 Otter Lake Road (CR 84) in the City of Lino Lakes and offer the following comments: • It is our understanding that access to this property is presently being made via an access easement/agreement across the adjacent property directly to the north. Additionally, we understand that this ingress /egress access agreement will expire on July 31, 2001. Consequently, direct access to CR 84 (Otter Lake Road) from your property will be necessary at that time. • A driveway onto CR 84 from the property at 6262 Otter Lake Road will be permitted provided it is located within thirty feet of the north property line. • There is currently fifty feet of Right of Way east of centerline on CR 84 (Otter Lake Road). An additional 10 feet (for a total of 60 feet east of centerline) will be required for future reconstruction of CR 84 (Otter Lake Road). Therefore, city requirements for building set backs should be based on a future Right of Way width of sixty feet east of centerline. • An Anoka County Highway Department Residential Access Permit will be required and shall be obtained prior to any construction activity with Anoka County Right of Way. There is a $60.00 processing fee for residential access permits. • Anoka County Highway Department will determine any culvert requirements for a driveway at this location. If a culvert is required it must meet our specifications for length, diameter, and end treatments. Thank you for the opportunity to review this property for a residential driveway. If you have any questions regarding these comments or the permit process please feel free to contact me at (763) 862 -4216. Sincerely, ifir" Roger Butler Traffic Engineering Coordinator xc: CIW-ci Llno Lakes, PlanrnngyDepartment�;; Josie Scott, Permit Technician - ACHD Driveway File, CR 84 Affirmative Action / Equal Opportunity Employer Tanda Gretz From: Rick Degardner Sent: Monday, September 08, 2003 1:22 PM To: Tanda Gretz Subject: RE: Paths /Sidewalks for Otter Lake Road? EXHIBIT # 3 Any future trails along Otter Lake Road will occur within the County's right -of -way. Therefore, the County's position to acquire a total of 60 feet east of the centerline is adequate from a future trails standpoint. Rick Original Message From: Tanda Gretz Sent: Monday, September 08, 2003 12:17 PM To: Rick Degardner Subject: Paths /Sidewalks for Otter Lake Road? Rick - am working with two residents along Otter Lake Road who are exploring variances for detached garages, to be located quite close to Otter Lake Road. My understanding from Anoka County is that the County currently has 50 feet of right of way (east of centerline), but they are looking to acquire 60 feet. My question for you: would the City be looking to get additional right of way on the east side of Otter Lake Road for the construction of a sidewalk or pathway at some point in the future? Thanks! -Tanda 1 EXHIBIT # CITY OF LINO LAKES PLEASE ACCEPT TIES LE'V'ER AS EXPLINATION FOR MY NEED FOR VARIANCE TO BUILD A GARAGE LOCATED AT 6262 O'V'ER LAKE ROAD. THE HOUSE IS LOCATED ON THE THE N.W. CORNER OF THE LOT NEXT TO THE NIEGHBORS PROPERTY LINE LOCATED JUST NORTH OF THE HOUSE AND THE SEPTIC SYSTEM (MOUND SEPTIC SYSTEM) IS LOCATED ON THE SOUTH SIDE OF THE HOME ..ACCORDING TO THE SOIL TESTS AND ENGINEERING DOCUMENTS (CITY HAS THESE DOCUMENTS ON FILE),THIS IS THE ONLY SPOT THE MOUND SYSTEM COULD 13E LOCATED. THESE TWO REASONS MAKE IT IMPOSSIBLE '10 BUILD A GARAGE ON THE SIDE OF OR TO THE BACK OF THE PROPERTY. THE PROPOSED GARAGE WOULD BE AT LEAST 45' FROM OTTER LAKE ROAD AND BUILT WITH ALL OTHER CONSIDERATIONS TO LINO LAKES CITY CODES. I CAN BL REACHED AT WORK 651 - 702 -557 JH- 651 -955 -0421 IF YOU IIAVE ANY QUESTIONS. TIIANK -YOU FOR YOUR TIME AND CONSIDERATION. JOSEPH KIVEL 6262 OTTER LAKE ROAD LINO LAKES MN 55110 N • r D m A i,1 0.th ; i'l!AQ% : y}411R € E1�EE�E �IgASEeE €x �¢� €A�s INC ip ;F� 10, gN"ii `' iA 14:11: }lil!s Ts � kaf r1 E14i 1 1 E�E•ie � �9a �� AE i } [S ^ yi.141 1 1•11 1411 1 11111 ; i1;014 PI NET L'L i 141 %err t 11E4 'Wit i R0 NORTH O '-3 t7 N b 9 8 5 2 ifX 9 IR s 1 IV MI L?T0O 0 Ij 0 rI JAIN J Or AGENDA ITEM 7 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 26, 2004 TOPIC: Second Reading: Ordinance No. 01 -04 Vacation Of Drainage and Utility Easements, Lots 6, 7, 8, Block 1 and Lot 1 Block 3 Mar Don Acres VOTE REQUIRED: 4/5 BACKGROUND The city charter requires a public hearing and approval by ordinance to vacate city easements. The City Council held a public hearing and approved the first reading of Ordinance 01 -04 on January 12. This is the second reading. The Hailey Manor project replats four existing lots in the Mar Don Acres neighborhood. The Mar Don Acres plat included drainage and utility easements along lot lines. These underlying easements are no longer necessary because the Hailey Manor plat includes new easements. The easements to be vacated are those around the lot lines of Lots 6, 7, and 8, Block 1, and Lot 1, Block 3, Mar Don Acres. These are the lots being replatted as Hailey Manor. OPTIONS 1. Open public hearing, take comment, close public hearing. 2. Approve the first reading of Ordinance 01 -04, vacating the lot line easements. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2 CITY OF LINO LAKES ORDINANCE NO. 01-04 AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS ON LOTS 6, 7, AND 8, BLOCK 1, AND LOT 1, BLOCK 3, MAR DON ACRES The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: Section 1 The City Council makes the following findings: 1. That a public hearing was held on January 12, 2004 before the City Council after due published and posted notice had been given 2. The City approved the final plat for Hailey Manor with Resolution 03 -208. Hailey Manor replats Lots 6, 7, and 8, Block 1, and Lot 1, Block 3, Mar Don Acres. 3. Drainage and utility easements along lot lines dedicated to the City with the Hailey Manor final plat are sufficient. The underlying lot line easements in the Mar Don Acres plat are not necessary. 4. It is in the best interest of the City to vacate these unnecessary easements. Section 2 Any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 3 The easements are described as follows: All drainage and utility easements as shown on Lots 6, 7, and 8, Block 1, and Lot 1, Block 3 as dedicated on the final plat of MAR DON ACRES on file and of record in the office of the County recorder, Anoka County, Minnesota Section 4 vacated. The drainage and utility easements described in Section 3 are hereby Section 5 This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this day of , 2004 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk AGENDA ITEM 7 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 26, 2004 TOPIC: Resolution 04 -16 Final Plat: Ravens Hollow VOTE: 3/5 BACKGROUND The City Council approved the preliminary plat for Miller's Crossroads with Resolution 03 -134 in August 2003. The final plat received P & Z approval on January 14, 2004. The final plat conforms to the approved preliminary plat. The rezoning of the site is in effect. The City Attorney has approved the title commitment. The City Engineer has prepared a development agreement. The park dedication condition read as follows: 6. Park dedication shall be $93,240 less the agreed -upon value of a trail dedication along the northern edge of the site. This shall be clarified prior to final plat approval. The developer has agreed to deed to the City a trail easement 30 feet wide that will cover the existing trail and a park dedication credit of $8,000, which reduces the cash dedication to $85,420. We have required that the easement deed be submitted prior to the City Council approval, including legal description of the easement and a survey showing it. On November 10, 2003, the City Council approved Ordinance 22 -03 vacating an easement within the plat. We postponed the recording of the vacation until the park dedication is resolved and the final plat is approved. With the approval of the final plat, we can proceed with recording of the easement vacation approved with Ord. 22 -03.. OPTIONS 1. Approve Resolution 04 -16 approving the final plat for Ravens Hollow. 2. Return to staff with direction. RECOMMENDATION Option 1 0 0 V 1 z 0 L S3)1V-I furl 40 111O 600z 6 0 mit' ZZ 117171 'lC '33S 9/135 30 9 /139 40 394 1593'\ .,.Oa 3.6Z, 1.£.00N -, 60'LZ9 8 r 0L C10'0f 60'009 Qdoi1 aid[b 00Z 00'02 00'09 Neu...,, 9 o or,A, ? 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MEETING DATE: January 26, 2004 TOPIC: First Reading: Ordinance 02 -04 Rezoning Site from R -4, High Density Residential to R -3, Medium Density Residential Northeast Corner Lake Drive and Aqua Lane. VOTE: 3/5 BACKGROUND A recent development application has brought to light an inconsistency between the comprehensive plan and the zoning on a property. When this occurs, the inconsistency must be corrected. This rezoning was initiated by the City to address the inconsistency. The subject site is four acres of property at the northeast corner of Lake Drive and Aqua Lane, adjacent to the existing Marshan Lake Condominiums. The entire Marshan Lake Condominiums site and the remaining four -acres along Lake Drive is guided Medium Density Residential. This allows a density of 3 -6 units per acre. The site is zoned R -4, a high- density zone. This is not consistent with the comprehensive plan's Medium Density classification. To address this inconsistency, either the comprehensive plan or the zoning should change. Based on the recommendation of the P & Z and the City Council work session discussions, the site should be rezoned to R -3. Staff has prepared an amendment to the zoning ordinance to rezone the site to R -3 to bring it into conformance with the comprehensive plan. ANALYSIS The comprehensive plan was adopted by the City Council in August 2002. The plan includes a land us map indicating proposed land uses. As indicated on the attached land use map, the site is guided Medium Density Residential. As stated on page 86 in the comprehensive plan: The City has defined density as follows: Low Medium High Town Center = 1 to 3 units per acre = 3 to 6 units per acre = 6 to 12 units per acre = 10 to 24 units per acre Rezoning, Lake Drive /Aqua Lane page 2 Section 6 of the 2003 zoning ordinance describes the intended land use categories that each residential zoning district should be in. The R -3 and R -4 zones are intended as follows: Subd. 5. R -3, Medium Density Residential District. C. Development Density. Land to be zoned R -3 must be in a Medium Density land use category according to the comprehensive plan, and development density within an R -3 District shall be within a range of three (3) to six (6) units per net acre and shall be based on the buildable area. Subd. 6. R -4, High Density Residential District. C. Development Density. Land to be zoned R -4 must be in a High Density land use category according to the comprehensive plan, and development density within an R -4 District shall be within a range of six (6) to twelve (12) units per acre and shall be based on the buildable area. As shown on the attached zoning map detail, the site is zoned R -4 High Density. This inconsistency should be resolved. Minnesota Statutes address such situations directly. Underlining is added to emphasize the relevant passages. 473.858 Comprehensive plans; local governmental units. Subdivision 1. No conflicting zoning, fiscal device, official control. Within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan in accordance with sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 and the applicable planning statute and shall have submitted the plan to the Metropolitan Council for review pursuant to section 473.175. The provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and, if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2. After August 1, 1995, a local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan, including any amendments to the plan, or which permits activity in conflict with metropolitan system plans,... Rezoning, Lake Drive /Aqua Lane page 3 473.865 Adoption; conflicts, amendment of controls, devices. Subdivision 1. Control copies to council. Each local governmental unit shall adopt official controls as described in its adopted comprehensive plan and shall submit copies of the official controls to the council within 30 days following adoption thereof, for information purposes only. Subd. 2. No conflict with plans. A local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans. Subd. 3. Amendments. If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan. The comprehensive plan was amended in 2002. The zoning ordinance is an official control. The zoning map is part of the zoning ordinance. The R -4 High Density zoning of the site conflicts with the Medium Density land use category in the comprehensive plan. Though this conflict was not corrected within nine months of the plan amendment, it does not remove the city's obligation to correct the conflict. The zoning ordinance lays out the process and criteria for a rezoning. SECTION 2. ADMINISTRATION Subd. 1. Administration: Amendments and Rezonings. In accordance with the provisions of Minnesota Statutes, the City Council may from time to time amend the Zoning Ordinance text or map (rezoning). Amendments may be initiated by City Council, Planning and Zoning Board, or property owner. The procedure for an amendment to the Zoning Ordinance or Zoning District Map (rezone) shall be as follows: E. The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. As explained above, the current R -4 High Density Zoning conflicts with the Medium Density land use category of the comprehensive plan. The purpose of the rezoning is to correct this inconsistency between the comprehensive plan and the zoning. State statute requires that official controls found to be in conflict with the comprehensive plan must be amended so as not to conflict. Rezoning, Lake Drive /Aqua Lane page 4 2. The proposed use is or will be compatible with present and future land uses of the area. As determined in the review of a development application for the site, the surrounding neighborhood was developed at approximately 6.4 units per acre. The Wenzel Farms townhomes across Lake Drive were built at approximately 5 units per acre. A High Density land use category would provide for 6 to 12 units per acre. A Medium Density category allows up to 6 units per acre. Six units per acre is compatible with the surrounding neighborhood. 3. The proposed use conforms with all performance standards contained herein. This rezoning action is not based on a specific proposed use. It is intended to correct a conflict between the zoning ordinance and the comprehensive plan. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Projects built at an R -3 Medium Density will pose less burden on existing services and infrastructure. OPTIONS 1. Approve the first reading of Ordinance 02 -04, rezoning the site from R -4 High Density to R -3 Medium Density. 2. Deny the rezoning, leaving it at R -4 High Density Residential. 3. Return to staff with direction. RECOMMENDATION Option 1 CITY OF LINO LAKES ORDINANCE NO. 02-04 AN ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE AT THE NORTHEAST CORNER OF LAKE DRIVE AND AQUA LANE FROM R -4, HIGH DENSITY RESIDENTIAL TO R -3, MEDIUM DENSITY RESIDENTIAL The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The Lino Lakes City Council hereby makes the following findings: 1. The City of Lino Lakes approved its current comprehensive plan in August 2002 with Resolution No. 02 -103. The comprehensive plan was prepared and approved as required and enabled by Minnesota Statutes 462.351- 462.356 and Minnesota Statutes 473.851- 473.869. 2. The City of Lino Lakes approved its current zoning ordinance in March 2003 with Ordinance No. 08 -03. The zoning ordinance was prepared and approved as required and enabled by Minnesota Statutes 462.357. 3. The comprehensive plan includes a Proposed Land Use plan guiding land within the City of Lino Lakes for specified land uses. 4. The comprehensive plan guides a four -acre site at the northeast corner of Lake Drive and Aqua Lane for land use category Medium Density Residential: 3 -6 units per acre. 5. The site is zoned R -4, High Density Residential. Under the current zoning ordinance, R -4 is intended for the High Density land use category: 6 -12 units per acre. 6. Under the current zoning ordinance, the R -3, Medium Density Residential zoning district is intended for the Medium Density land use category: 3 -6 units per acre. 7. Therefore, the current R -4 zoning is not consistent with the current Medium Density land use category in the comprehensive plan. Such inconsistencies should be corrected by amending either the zoning or the comprehensive plan. 8. Minnesota Statutes 473.858 and 473.865 require that official controls are to be amended so as not to conflict with the comprehensive plan. 9. The High Density land use category, which would allow for development of up to 12 units /acre, is not consistent with the existing townhome neighborhood, which is 6.4 units /acre. Medium Density, which allows 3 -6 units /acre, will allow development that will be very close to and thus consistent with the existing neighborhood. 10. The City Council considered an application to amend the comprehensive plan to change the land use category for the site from Medium to High Density. The City Council decided, with Resolution 04 -01, to deny the amendment to the land use. 11. The site should be rezoned to R -3, Medium Density Residential, to be consistent with the comprehensive plan land use classification of Medium Density. 12. The Planning & Zoning Board held a public hearing on the rezoning on January 14, 2004, and recommended approval of the rezoning. 13. The rezoning action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The current R -4 High Density Zoning conflicts with the Medium Density land use category of the comprehensive plan. The purpose of the rezoning is to correct this inconsistency between the comprehensive plan and the zoning. State statute requires that official controls found to be in conflict with the comprehensive plan must be amended so as not to conflict. 14. The R -3 zoning is or will be compatible with present and future land uses of the area. The surrounding neighborhood was developed at approximately 6.4 units per acre. The Wenzel Farms townhomes across Lake Drive were built at approximately 5 units per acre. A High Density land use category would provide for 6 to 12 units per acre. A Medium Density category allows up to 6 units per acre. Six units per acre is compatible with the surrounding neighborhood. 15. This rezoning action is not based on a specific proposed use. It is intended to correct a conflict between the zoning ordinance and the comprehensive plan. 16. Development according to R -3 zoning can be accommodated with existing public services and will not overburden the City's service capacity, and traffic generation by the R -3 zoning is within capabilities of streets serving the property. Projects built according to R -3 Medium Density Residential standards will pose less burden on existing services and infrastructure than R -4 High Density Residential projects. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R -4, High Density Residential to R -3, Medium Density Residential, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, for the subject real estate described in Attachment A. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Ordinance 02 -04, page 2 Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of , 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Ordinance 02 -04, page 3 ATTACHMENT A legal description and survey detail showing the site Ordinance 02 -04, page 4 g yi ATTACHMENT A, ORDINANCE 02 04 LEGAL DESCRIPTION: It Parcels 1 and 2 (Commercial Parcel): s That part of Government Lot 2, Section 20 and that part of the Northeast Quarter of the Northeast Quarter of Section 19, all in Township 31, Range 22, Anoka County, Minnesota, described as follows: page Commencing at the southeast comer of the north 849.40 feet of the west 240.00 feet of said Government Lot 2 (for the purposes of this description the west line of said Government Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Government Lot 2, a distance of 184.36 feet to the point of beginning of the property to be described; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Govemment Lot 2, a distance of 233.22 feet to the north line of the south 60.00 feet of said Govemment Lot 2; thence North 89 degrees 20 minutes 25 seconds West, along said north line. a distance of 278.18 feet to the east line of said Northeast Quarter of the Northeast Quarter of Section 19; thence North 73 degrees 00 minutes 17 seconds West, a distance of 87.11 feet to the easterly right -of -way line of Lake Drive (formerly known as State Trunk Highway No. 49); thence North 17 degrees 58 minutes 00 seconds East along said easterly right -of -way line, a distance of 217.83 feet to the intersection with a line drawn westerly, parallel with the north line of said Government Lot 2 and its westerly extension, from the point of beginning; thence South 89 degrees 29 minutes 07 seconds East, along said parallel line, o distance of 295.52 feet to the point of beginning. Parcel 3 (Existing Description for Farm Parcel): All that part of Government Lot 2, Section 20, Township 31, Range 22, Tying within the following described tract: Beginning at the southeast comer of the north 849.40 feet of the west 240.00 feet of said Govemment Lot 2; thence North 82 degrees 52 minutes 55 seconds East, assumed bearing system, 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Government Lot 2. 184.36 feet; thence North 89 degrees 29 minutes 07 seconds West, parallel with the north line of said Government Lot 2, 295.52 feet, more or less to the intersection with the easterly right -of -way line of Lake Drive; thence North 17 degrees 58 minutes East along said easterly right -of -way line 187.90 feet, more or Tess to the intersection with the south line of the north 849.40 feet of said Govemment Lot 2; thence south 89 degrees 29 minutes 07 seconds East along said south line of the north 849.00 feet, 200.33 feet, more or less to the point of beginning. Parcels 4 and 5 (Existing Description): The south 145.00 feet of the north 849.40 feet of the west 240.00 feet of Govemment Lot 2, Section 20, Township 31. Range 22, City of Lino Lakes, Anoka County, Minnesota which lies east of the easterly right -of -way line of Lake Drive ( formery known as State Trunk Highway No. 49). Remainder Parcel: (Parcel 6) That part of Government Lot 2. Section 20, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said Govemment Lot 2 (for the purposes of this description the west line of said Government Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Government Lot 2, a distance of 103.39 feet to a point on said parallel line distant 314.19 feet northerly of the point of intersection of said parallel line with the north line of the south 60.00 feet of said Government Lot 2; thence northerly along a curve concave to the east, said curve is tangent to said parallel line, has a radius of 230.00 feet and a central angle of 17 degrees 39 minutes 52 seconds, a distance of 70.91 feet; thence North 17 degrees 58 minutes 00 seconds East. tangent to said curve. a distance of 199.84 feet; thence North 71 degrees 00 minutes 13 seconds West. a distance of 246.54 feet to the easterly right -of -way line of Lake Drive, said easterly right -of -way line is described as follows: Beginning at a point on the north line of said Govemment Lot 2, distant 354.43 feet easterly of the northwest corner thereof, for the purposes of this description, the west line of said Govemment Lot 2 is assumed to bear South 00 degrees 18 minutes 08 seconds West; thence South 25 degrees 48 minutes 00 seconds West, a distance of 118.98 feet; thence southwesterly along a tangential curve, concave to the southeast, having a radius of 2819.22 feet and a central angle of 07 degrees 50 minutes 00 seconds, a distance of 385.44 feet; thence South 17 degrees 58 minutes 00 seconds West, tangent to said curve. a distance of 532.41 feet to the west line of said Govemment Lot 2, and there terminating. thence southerly along said easterly right -of -way line, a distance of 99.93 feet to the intersection with the south line of the north 704.40 feet of said Government Lot 2: thence South 89 degrees 29 minutes 07 seconds East along said south line, a distance of 154.21 feet to the east line of the west 240.00 feet thereof; thence South 00 degrees 18 minutes 08 seconds West, along said east line, a distance of 145.00 feet to the point of beginning. SCALE 1 FILE OCT CITY OF / / S 89.29'07°E 1 -Anoka Cculty Monument at ' -_ ATTACHMENT A o NW. Car. Gov't. Lot 2, Sec. 20. T. 31, R.122 & - N. Line of Govt Lot 2, Sec. 20, T NE Car. of the NE1 /4 of the NE1 /4 of Se4 19, T. 31. R. 22 ORDINANCE 02 04 a % ,� / Q r / 1 / ss / 1 1 / 1 Page 2 0 / / tic 1 NO l �, 2 / 1 4' (/) vi. 1 / ,,.., CV s7I° / 246 -7•1-4- ti c°� l� / 4 89'29'0rB Parcel 6 U c �!h _x_154.21 (Remainder Parcel) kf _ / —11, (26,893 Sq. Ft.) �U '/ 1 /,..<- Ii o $ Parcels & 5 a l / 1 O a, (25.704 q. Ft) / ' I ') /a �^�}t��I=, non% CO - -- 240.00 0 I S 897,9'07-E 24.01 200.33 1 SE. Cor of the N. 849.40 of the W. 240.00 of Govt Lot 2, Sec. 20, T. 31, R. 22 - - -- f o' C , 3a / r'Q , r p S W / 1 Parcel 3 (Farm Parcel) 1 (47,485 Sq. Ft.) 1 ey/ /: 1 02r 0 `1 o °^ f O / Q. O 30 0/ �e� zl{a (4.05 Acres) �� „ 3c/ l_ Ijltf (3 parcels combined) c�c (/1 / 1 S 89 °29 07'E ( i Q ,�� /i7.;_ i _ J 278.18 �7- r. 295.52 oi �/� ` i / S 89'29'OTE �V p ON /. �. 1 E,, IT o / / P.m / I Z W el • $ °'m os c / 'OM 1 o Op8 tL / JON O: �. IYN NO • / f...-- D.e 1 �N Z 5m Parcels 1 & 2 N 1 z� o c (Commercial Parcel) e I wn o a (76.281 Sq Ft.) C s3 1 f' ol of o 0 i s of O .5 -- cl -I 43 I P21 t; N \` 1 8a p 1 1 `I I N. Line of the S. 60.00 o‘ Govt Lat 2, Sec 20 T 31. r /40 / /. / 45 / 195 SURVEY. PLAN D BY ME OR UNDER ND THAT 1 AM A n N R. cc -c -- 1 1 1 , r 1` 1 278.18 -- I ( N \89'20'25''W 1 0 ' 8 8 —�c- AQUA LANE 1 1 � 1 1 1 1 • - S. Line of Gov't. Lot 2, Sec 20, T. 31, 1 -SW. Cor. of Gov't. Lot 2 Sec. 2p, T. 31, R. 22 1 1 1 1 3 4 . R EI-IABIUTATIC) ;�..• EENI`ER 10 2 10 -4 • °TR! 2 4 12 5. 6. ORNM MEADOWS 4 0 APOL `' W HOMES 7 • Sl lt� ! El E= ma . • ems Icsioh 1 hieing MARSHAN ' ::L A t K ▪ • •:t • s.• • y ;t • •11. -i �' _ ••• yi. ' y.S.. •;•..• ••. • . •.• • • es ••; tILM • nnAppmc Van - igazizFigi ulna= © ubthic ter= atm IMO C©©® to :1n • ' .zme El l L� • • •�`: '• +:t . es • ' _ •r•J , . + •••..••' • r••'••' • v.•• ••.r,•••t • ` • • . 'RICE • • •r PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Low Density Sewered Residential PR Low Density Sewered Residential Private Airfield ZONING MAP HOKAN January 14, 2004 City of Lino Lakes Planning & Zoning Board City Council 600 Town Center Parkway Lino Lakes, MN 55014 RE: Rezone — Lake Drive and Aqua Lane Dear Board and Council, .:LO P 1 Hokanson Family Partnership requests that the City of Lino Lakes deny the application to modify and rezone the property located at the northeast corner of Aqua Lane and Lake Drive. We are opposed to the proposed zoning change. As the property owner impacted directly by this, we request that you deny this rezone application based on the following concerns: 1. The adjacent Marshan Lake Condominiums to the north and east are currently zoned High Density. There are also higher density lands to the west and commercial zoning to the south. The Comprehensive Plan classifies the existing Marshan Development as Medium Density when it is clearly High Density. Therefore, the Comprehensive Plan treats the 4 acre site and the existing site as one singular guided classification, i.e. medium density, even though both are classified as high density on the zoning map. The down zoning of the subject 4 acre property would not be considered typical zoning practice since it is a form of spot zoning. The subject four acre site is located at the intersection of an arterial road; typically these areas have a more intense land use than surrounding uses, rather than less intense. 2. The entire Marshan Lake Condominiums site including the subject 4 acre property are both guided as Medium Density Residential based on the current Comprehensive Plan; this guidance for existing Marshan is incorrect due to the built density. The Marshan Lake Condominiums site was developed as a high- density development and continues to be a high- density in use, even under the current guiding of medium density. It clearly exceeds 6 dwelling units per acre. As stated on page 86 of the comprehensive plan, High = 6 to 12 units per acre. The developed Marshan Lake Condominiums are not consistent with the current Comprehensive Plan because its density is more than 6 dwellings per acre. The developed environment conflicts with the comprehensive plan. 9174 Isanti Street N.E., Blaine, Minnesota 55449 (763) 786 -3130 . Fax (763) 784 -9136 3. The existing high density zoning classification is logical and harmonious with the land use pattern for the greater area. 4. The existing high density zoning classification helps the City achieve the adopted goals and density requirements of the adopted Livable Community Goals of Resolution No. 98 -175, through private development. High density will continue to improve on the variety of housing choices. 5. The sites infrastructure, including storm water ponds, is built and constructed to accommodate high density. 6. The existing Marshan Lake Condominiums development and subject 4 acre property are both guided for medium density in the comprehensive plan. By rezoning the subject four acre property to medium density and leaving the existing Marshan Lake Condominiums as high density, an inconsistency is created. It is encouraged that the City fully reviews the complexity of the rezone and the errors contained within the comprehensive plan. A visit to the area would clearly demonstrate the sites best and most compatible use is a high density development similar scope and scale to those already built along Lake Drive, i.e. the 36 units existing adjacent to Lake Drive are built on approximately 2.5 acres with a density exceeding 14 dwelling units per acre. These 36 existing units consist of 3 twelve plexes. High- density development on the subject four acre parcel could be accomplished with buildings of fewer units and a density less than the adjacent density. Considering the past and future development in the surrounding area and the regulations imposed by the city of Lino Lakes to encourage smart growth, this site would best be served with a high density zoning classification. The rezone application in itself is in error in that it does not address nor rezones that portion of Marshan Lake Condominiums that is designated as medium density (i.e. existing Marshan). In summation, there exists no inconsistency with the past or current zoning classification of this property. It is requested that the application for rezone be denied. Sincerely, Ronald G. Fuchs Hokanson Development AGENDA ITEM 7E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: January 26, 2004 TOPIC: Resolution No. 04 -15, Approving Change Order No. 1 and Payment Request No. 5, West Shadow Ponds Utility and Street Improvements VOTE REQUIRED: 3/5 Vote Required BACKGROUND: At the August 12, 2002 meeting, City Council awarded the West Shadow Ponds Utility and Street Improvements contract to Richard Knutson, Inc. in the amount of $327,809.05. The Change Order addresses various design changes. This increases the total project contract to $338,751.00. A complete breakdown is spelled out in the attached Change Order. This additional work has already been covered in the assessments for West Shadow Ponds. It is staff's recommendations to approve Change Order No. 1, which results in a total project cost increase of $10,941.95 and authorize Payment No. 5 in the amount of $39,297.03. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 04 -15, approving Change Order No.1 and Payment Request No. 5 for the West Shadow Ponds Utility and Street Improvements Project. 3. Not adopt Resolution No 04 -15. RECOMMENDATION: Option No 2 - Staff recommends adoption of Resolution Number 04 -15. CITY OF LINO LAKES RESOLUTION NO. 04-15 RESOLUTION APPROVING CHANGE ORDER NO.1 AND PAYMENT REQUEST NO. 5 — WEST SHADOW PONDS UTILITY AND STREET IMPROVEMENTS PROJECT. WHEREAS, the construction of the project has been begun, AND WHEREAS, design changes were required for the West Shadow Ponds Utility and Street Improvements Project, AND WHEREAS, a complete breakdown is spelled out in the Change Order; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Change Order No.1 resulting in an increase of $10,941.95 bringing the contract amount to $338,751.00 and Pay Request No. 5 in the amount of $39,297.03 is approved for the West Shadow Ponds Utility and Street Improvements Project. Adopted by the Lino Lakes City Council this 26'h day of January 2004. John J. Bergeson, Mayor Ann J. Blair, City Clerk TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Comm. No. 12525 -01 Cert. No. 5 St. Paul, MN, November 25 20 03 Owner , Contractor To City of Lino Lakes, Minnesota This Certifies that Richard Knutson, Inc. For West Shadow Ponds Utility and Street Improvements Is entitled to Thirty -Nine Thousand Two Hundred Ninety -Seven Dollars and 03/100 - - - - -- ($ 39,297.03 ) being 5th estimate for partial payment on contract with you dated August 12 , 2002 Received payment in full of above Certificate. TKDA Richard Knutson, Inc. , 20 Scott /eat' RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 327,809.05 All previous payments $ 286,417.81 All previous credits Extra No, Change Order No. 1 $ 10,941.95 0 0 0 11 Credit No. $ - 11 11 II It AMOUNT OF THIS CERTIFICATE $ 39,297.03 Totals $ 338,751.00 $ 325,714.84 $ - Credit Balance There will remain unpaid on contract after payment of this Certificate $ 13,036.16 $ 338,751.00 $ 338,751.001 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers- Architects- Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 5 Period Ending November 4 , 20 03 Page 1 of 1 Comm. No. 12525 -01 Contractor Richard Knutson, Inc. Original Contract Amount $327,809.05 Project West Shadow Ponds Utility and Street Improvements Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate 0.00 Less Approved Credits $ 0.00 Less 8 % Retained $ 28,400.00 Less Previous Payments $ 286,417.81 Total Deductions $ 354,114.84 0.00 0.00 354,114.84 314,817.81 Amount Due This Estimate $ 39,297.03 Contractor Engineer Date /Z' /9 d3 Date November 25, 2003 ESTIMATE NO. 5 WEST SHADOW PONDS UTILITY AND STREET IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 12525 -01 ITEM NO. DESCRIPTION SANITARY SEWER PERIOD ENDING: CONTRACT QUANTITY UNIT QUANTITY TO DATE November 4, 2003 UNIT PRICE AMOUNT TO DATE 1 MOBILIZATION LS 1.0 1.0 $ 15,000.00 $ 15,000.00 2 CONNECT TO EXISTING SANITARY MANHOLE EA 1.0 1.0 $ 850.00 /$ 850.00 3 REMOVE 10" PVC SAN. SEW. LF 25.0 25.0 $ 20.00/ $ 500.00 4 8" PVC, SDR 35 SAN. SEW. (14' -16' DEEP) LF 133.0 155.0 $ 38.40 $ 5,952.00 5 8" PVC, SDR 35 SAN. SEW. (16' -18' DEEP) LF 60.0 50.0 $ 38.40 $ 1,920.00 6 8" PVC, SDR 35 SAN. SEW. (18' -20' DEEP) LF 63.0 62.0 $ 38.40 $ 2,380.80 7 8" PVC, SDR 35 SAN. SEW. (20' -22' DEEP) LF 111.0 220.0 $ 38.40 $ 8,448.00 8 8" PVC, SDR 35 SAN. SEW. (22' -24' DEEP) LF 593.0 658.0 $ 38.40 $ 25,267.20 9 8" PVC, SDR 35 SAN. SEW. (24' -26' DEEP) LF 342.0 323.0 $ 38.40 $ 12,403.20 10 8" PVC SDR 35 SAN. SEW. (26' -28' DEEP) LF 170.0 $ 38.40 $ 11 CONSTRUCT 4' DIA. SAN. MH, TYPE 301 (0' -10' DEEP) EA 6.0 6.0 $ 1,820.00 $ 10,920.00 12 EXTRA DEPTH OF 4' DIA. SAN. MH (GREATER THAN 10' DEEP) LF 80.0 70.4 $ 105.00 $ 7,392.00 13 4" ON 8" PVC, SCHEDULE 40 WYE BRANCH EA 23.0 22.0 $ 62.00 $ 1,364.00 14 4" PVC SCHEDULE 40 SERVICE PIPE LF 903.0 1,114.0 $ 12.80 $ 14,259.20 SUBTOTAL - SANITARY SEWER $ 106,656.40 WATERMAIN 1 CONNECT TO EXISTING WATERMAIN LS 1.0 1.0 $ 300.00 $ 300.00 2 6" DIP, CL. 52 WATERMAIN LF 54.0 58.0 $ 29.50 $ 1,711.00 3 12" DIP, CL. 52 WATERMAIN LF 1,434.0 1,425.0 $ 25.56 $ 36,423.00 4 6" GATE VALVE & BOX EA 3.0 3.0 $ 460.00 $ 1,380.00 5 12" GATE VALVE & BOX EA 2.0 2.0 $ 1,125.00 $ 2,250.00 6 6" HYDRANT EA 3.0 3.0 $ 1,600.00 $ 4,800.00 7 1" TYPE "K" COPPER WATER SERVICE LF 894.0 911.0 $ 10.40 $ 9,474.40 8 1" CORPORATION STOP EA 23.0 22.0 $ 53.00 $ 1,166.00 9 1" CURB STOP & BOX EA 23.0 22.0 $ 115.00 $ 2,530.00 10 MJ DIP FITTINGS LB 707.0 707.0 $ 2.57 $ 1,816.99 SUBTOTAL - WATERMAIN $ 61,851.39 STORM SEWER 1 15" RCP, CL. 5 STORM SEWER PIPE LF 622.0 615.0 $ 23.76 $ 14,612.40 2 18" RCP, CL. 5 STORM SEWER PIPE LF 307.0 320.0 $ 25.70 $ 8,224.00 3 21" RCP, CL. 3 STORM SEWER PIPE LF 324.0 311.0 $ 30.15 $ 9,376.65 4 18" FLARED END SECTION EA 3.0 3.0 $ 323.00 $ 969.00 5 21" FLARED END SECTION EA 2.0 2.0 $ 395.00 $ 790.00 6 CONSTRUCT CATCH BASIN TYPE 402 EA 2.0 2.0 $ 935.00 $ 1,870.00 7 CONSTRUCT CATCH BASIN / MANHOLE TYPE 406 (48" DIA.) EA 3.0 4.0 $ 1,340.00 $ 5,360.00 8 CONSTRUCT CATCH BASIN / MANHOLE TYPE 406 (60" DIA.) EA 1.0 1.0 $ 2,215.00 $ 2,215.00 9 CONSTRUCT MANHOLE TYPE 409 (48" DIA.) EA 1.0 1.0 $ 1,095.00 $ 1,095.00 10 CONSTRUCT BITUMINOUS SPILLWAY EA 2.0 2.0 $ 350.00 $ 700.00 11 CL. III RIP RAP CY 13.0 13.0 $ 60.00 $ 780.00 SUBTOTAL - STORM SEWER $ 45,992.05 STREET 1 REMOVE CURB LF 42.0 100.0 $ 5.00 $ 500.00 2 REMOVE BITUMINOUS PAVEMENT SY 417.0 335.0 $ 2.25 $ 753.75 3 SAWCUT PAVEMENT (FULL DEPTH) LF 101.0 41.0 $ 5.00 $ 205.00 4 AGGREGATE BASE, CL. 5 TN 2,947.0 3,758.6 $ 11.25 $ 42,284.59 5 CONCRETE B618 CURB & GUTTER LF 2,922.0 2,858.0 $ 7.25 $ 20,720.50 6 2350 TYPE LV2 OR 3 NON - WEARING COURSE TN 818.0 938.58 $ 34.50 $ 32,381.01 7 2350 TYPE LV4 WEAR COURSE TN 818.0 821.4 $ 38.00 $ 31,213.20 8 BITUMINOUS MATERIAL FOR TACK COAT GA 335.0 410.0 $ 1.50 $ 615.00 SUBTOTAL - STREET $ 128,673.05 ESTIMATE NO. 5 WEST SHADOW PONDS UTILITY AND STREET IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 12525 -01 PERIOD ENDING: November 4, 2003 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE ORDER NO. 1 1 SALVAGE 18" FLARED END SECTION EA 2.0 2.0 $ 150.00 $ 300.00 2 INSTALL SALVAGED 18" FLARED END SECTION EA 2.0 2.0 $ 150.00 $ 300.00 3 FURNISH & INSTALL 18" FLARED END SECTION & TRASH GUARD EA 1.0 1.0 $ 935.00 $ 935.00 4 48" DIAMETER MANHOLE AND CASTING EA 2.0 2.0 $ 1,600.00 $ 3,200.00 5 21" DIAMETER RCP PIPE LF 48.0 48.0 $ 50.80 $ 2,438.40 6 RIP RAP CL-III CY 5.0 5.0 $ 75.00 $ 375.00 7 MOBILIZATION LS 1.0 1.0 $ 2,500.00 $ 2,500.00 8 BITUMINOUS TRAIL EXTRA WORK LS 1.0 1.0 $ 893.55 $ 893.55 SUBTOTAL CHANGE ORDER NO. 1 $ 10,941.95 TOTAL ESTIMATE NO. 5 $ 354,114.84 Saint Paul, MN CHANGE ORDER TKDA Engineers - Architects - Planners November 25 ' 20 03 Comm. No. 12525 -01 Change Order No. 1 To Richard Knutson, Inc.. for West Shadow Ponds Utility and Street Improvements for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated August 12 , 20 02 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) the contract sum by $10,941.95. This change order provides for changes in the work of this contract according to the attached itemization. Item Description Unit Contract Qty Unit Price Salvage 18 -inch Flared End Section EA 2.00 150.00 $ Install Salvaged 18 -inch Flared End Section EA 2.00 150.00 $ Furnish and Install 18-inch Flared End Section and Trash Guard EA 1.00 935.00 $ 48 -inch Diameter Manhole and Casting EA 2.00 1,600.00 $ 21 -inch diameter RCP Pipe LF 48.00 50.80 $ Rip Rap CL -III CY 5.00 75.00 $ Mobilization LS 1.00 2,500.00 $ Total Bituminous Trail Extra Work LS 1.00 893.55 $ NET CHANGE = Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) Revised Contract Amount Approved City of Lino Lakes, Minnesota TKDA 300.00 300.00 935.00 3,200.00 2,438.40 375.00 2,500.00 893.55 10,941.95 327,809.05 $ 327,809.05 $ 10,941.95 $ 338,751.00 Approved By Richard Knutson, Inc. Contractor White - Owner Pink - Contractor Blue - TKDA