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04/26/2004 Council Packet
• AGENDA CITY OF LINO LAKES Monday, April 26, 2004 Council Chambers 6:00 P.M. Annual Board of Review City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike — Public Comments 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) April 26, 2004 (Check No. 70751 through 70858 in the amount of $449,167.94. Pg. 4 -14 ii) Centennial Fire District (Check No. 14204 through 14222 in the amount of $83,867.69). Pg. 15 B) Consider Application for Rice Lake PTO to Conduct Excluded Bingo Pg. 16 C) Consider Resolution No. 04 -48, Approving Solicitor/Peddler's License, D & B Home Improvements Pg. 17 -19 2. Finance Department Report, Al Rolek A) None. 3. Administration Depai nent Report, Dan Tesch Page 1 AGENDA A) Consider Approval of Resolution No. 04 -52 Approving Transfer of Off - Sale Liquor License and Issuance of New Tobacco License, LTV and Associates, Inc. d/b /a J & K Liquors, Ann Blair Pg. 20 -22 B) Consider 2004 -2005 Contract with Local 49 Pg. 22 -A.1 C) Consider Appointing Jeff McDowell to the Vadnais Lake Area Water Management Organization Pg. 22 -B.1- 22 -B.8 4. Public Safety Department Report, Dave Pecchia A) None. 5. Public Services Department Report, Rick DeGardner A) None. 6. Community Development Department Report, Michael Grochala A) Public Hearing, Consider 1St Reading of Ordinance 03 -04, Vacating Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim Studenski (Continue Public Hearing to May 10, 2004 City Council Meeting) Pg. 23 B) Century Farm North, Jeff Smyser i. Consideration of Resolution No. 04 -43, Approving Final Plat, Century Farm North 2nd Addition, Jeff Smyser Pg. 24 -30 ii. Consideration of Resolution No. 04 -47, Approving Development Contract Century Farm North 211d Addition, Jim Studenski Pg. 31 -51 Consideration of Resolution No. 04 -50, Approving Variance from Lot Area, Lot Width and Road Frontage Requirements, St. Paul Regional Water Services, Jeff Smyser Pg. 52 -61 D) Consideration of Resolution No. 04 -51, Denying Variance from Lot Area and Lot Width Requirements, Martha Houle and John DeHaven (1612 Birch St.), Jeff Smyser Pg. 62 -71 E) Consideration of Resolution No. 04 -49, Approving Lake Drive /I -35W Interchange Study, Michael Grochala Pg. 72 -74 F) Consideration of Resolution No. 04 -53, Approving Comprehensive Water System Plan, Jim Studenski Pg. 75 -76 Page 2 AGENDA 7. Unfinished Business A) None. 8. New Business A) Approval of minutes of April 7, 2004 Council Work Session B) Approval of minutes of April 8, 2004 Joint Meeting with Charter Commission C) Approval of minutes of April 12, 2004 City Council Meeting 9. Community Calendar, April 27, 2004 through May 10, 2004: A) Environmental Board Meeting, Wednesday, April 28, 2004, 6:30 p.m. B) Joint Meeting - City Council, Park Board, Planning & Zoning Board, Environmental Board and EDAC, Thursday, April 29, 2004, beginning at 6:00 p.m. C) Park Board Meeting, Monday, May 3, 2004, 6:30 p.m. D) Council Work Session, Wednesday, May 5, 2004, 5:30 p.m. E) City Council Meeting, Monday, May 10, 2004, 6:30 p.m. 10. Adjourn Revised 04/19/04 mmg 10:19 a.m. • Page 3 EXPENDITURES APRIL 26, 2004 Date: 04/16/2004 Time: 07:40:11 es: •Options: Vendor # :.(A)' Invoice #:.'(A) Entry Journal #: (R) 3879.- 3879 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page FM Entry - -- Invoice Journal Detail / Summary S Invoice Status: A # of copies: 1. Sort: N ' Check Over Expend: N. '.Vendor # Name # of.items Discount Net Gross Discount Lost ' 000012 •AUDIO COMMUNICATIONS 000025 BEISSWENGER'0 000055; 2ND WIND EXCERCISE EQUIPMENT, INC., 000063. STATE SUPPLY COMPANY, INC. 000065 SCHARBER & SONS,..INC. ,000093 'ACE SOLID WASTE, INC. :000103., ONVOY; INC. 000112 ..CHIEF SUPPLY, °INC •.000158 ALL STAR SPORTS, INC. .000191 .MACQUEEN EQUIPMENT, INC. • AMERICAN. FASTENER &SUPPLY, INC. 000293 WIPERS. AND. WIPES, •000303 INSTRUMENTAL RESEARCH,'INC. ... .000308 GTCTA :.000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 000370 CENTRAL COMMUINICATIONS 000486 COORDINATED. BUSINESS SYSTEMS, LTD, 000541 ASPEN MILLS, INC. 000580 BAROTT DRILLING SERVICES, 000.620 .BEACON BALLFIELDS.DIVISION OF.. • 000861 • BEE LINE ALIGNMENT SERVICE 000888 : JOHNSON, RICK; .876.83, 876.83 .00. ...00 18.75 18.75 .00. 3,300.44 3,300.44' 00 :. .00 399.92 399.92„ .00 .00 219.39 219.39 00. .00 334.85 334.85 00 .00 47.50 47.50 .00 .00 180.40 180.40 00.. .00 :231.75 - 231.75 :00 .00 '. 908.51 908.51 ,00 .00 107.11 ..107.11. ..00 :00 426 :95 '426.95 - :00 -, 00 190 :00 190.00 :00 .00 45.00 • 45.00 .00 - .00. 151 :05 '151.05 00 :00 - 1,341.00 , 1,341,00 .00 .00 523.95 523.95 00 .00, - 527..40 ' 527,40 .00 00 487...:00,-, 487.00 .00 ' ..00 1,311.00, 1,311.00 :00 .00 ' 10040 : 100.00 .00'.- 00 90.00 • 90.00 :00 ;00 Date: 04/08/2004 Time: 11:10:38 City of Lino Lakes FM,Entry - .Invoice Journal. Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3869 - 3869 Trans #: (A) Line #: (A) Due'Date: (A) :Bank #s (A) Detail / Summary: S Name Operator: JAL Page: Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N .# of items Discount Net . Gross Discount : Lost . :000408 " AFSCME COUNCIL #14 l 600.88 600..88 :00 .,00 000558. BACCHUS HOMES, INC. 1 1,500.00 1,500.00 .00 .00 000670 BERNSTEIN,'BARRY 1 44.63 4.63 .00 00 002154 KLUEGEL,,PETER 1 17:15 17.75 .00 .00. 002208 LAW.ENFORCEMENT,LABOR SERVICES, INC. 1 777.00 ...777...08 .00 00 '002694 SBC, INC. 1 27.54 27.54 700 003250 XCEL.ENERGY � 3,084.04 3,084_.04 :00 .00.r 003390'. OFFICEMAX, INC, 1 � 84.27 84.27 .00 :00. 003467 SHARPER HOMES, INC. 1 1,500.00 1,500'.00 .00. 003639 QUALITY CHECKED CONSTRUCTION 1 500.00 500.00 ' .00 ,00 ill, TJB SUPER ENERGY -HOMES, INC. 1 1,500.00 .1 ,500.00 .00' :00' 900058 HANSON BUILDERS,. INC. 1 500 .00 500.00 _00 .00 900066 AVALON HOMES; INC. 2 '2;000.00 2,000,00 .00 .00 Grand Totals : - 14 12,136.11 12,136.11. .00 , .00• 6 Date: 04/15/2004 Time: 09:08:01 City of Lino Lakes FM Entry - Invoice Journal 5: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 3886 3886 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Vendor # Name - Operator: JAL Page: Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N # of items Discount Net - Gross- Discount Lost 000017 MINNESOTA CHIEFS OF POLICE 1 `:150.00 150.00 .00 .00 000539 TARGET 1 , 79_89 .:. 79.89 .00 .00 000869 EAGLE CREST :NW TOWNHOMES ''•2 1,000.00 1,000.00 .00 .00 001187... . CONNEXUS ENERGY 1 2,849.62 2,849.62 ' '.00, .00 • .002700 CENTERPOINT /MINNEGASCO, INC..:' •1 2,183.85 2,183.85 • :00 .00 003013 INVENTORY TRADING COMPANY, INC: 1 60.00 60.00 .00 - ..00. ..' 003250 XCEL ENERGY l 3.,179.68 , 3,179.68. .00 .00 003910 SAM'S CLUB, INC., 1 117.55 . 117.55 .00 00 004560 • U S BANK 1 2,330.37 • 2,330.37 :go., :00 004610 UNIVERSITY OF MINNESOTA 1 130.00 • 130.00 .00 :00 CARROLL, JAMES• 1 '182.62 182.62 ' .00 .00 004778 SHEA, BRENDA 1 30.00 30.00. .00 .00 004788 SPRINT 1 ..100.88 100.88. .00 .00 004789 THREE RIVERS'PARK DISTRICT 1 25.00 25.00 .00 Grand Totals: . 15: 12,419.46 12,419.46 ..00 . .00* " Date: 04 /16/2004 ` Time: 07:40:12 Name City of Lino-Lakes FM Entry Invoice Journal : # of items Operator: JAL Page: 2 Discount Net Gross, Discount Lost 000891 ZYLSTRA HARLEY- DAVIDSON,.INC. 1 3,333.75 3.,333:75 :00 .00 000900 W E LAHR COMPANY 1 158.55 158.55 .00 .00 "000917, KPC. 1 17061 170.61 .00 .00 000946 C. P. OFFICE PRODUCTS 2 226.00 226.00 '• .00 .00- 001040 CENTENNIAL FIRE DISTRICT 1 109,755.75 109,755.75 .00 :00 001044 CHOICEPOINT SERVICES,•INC. • 1 104.00 ' 104..00 .00 .00 001050 CENTENNIAL SCHOOLS 2 .406.77: 406.77 .00 .00 001062 CULLIGAN, BOTTLED WATER, 'INC.' l 71.87 71.87 :00 .00 '' 001148. CLEARWATER CREEK CONVENIENCE CENTER: INC 1 68.16 68 .00 .00 001260 ACCLAIM BENEFITS 1 '144:20 144..20 '00 001292 DEHN•OIL.COMPANY, INC.. 1 2,996.84 • 2,996.84 .00 00. 001380 'EARL ANDERSON ASSOCIATION,: INC. 1 110.72 110.72 .00 '. 001530 FOREST LAKE FORD, INC. 1 "35.87 ,35.87. 00 00 001560 FRATTALLONE'0 HARDWARE, INC. 1 221.92 221.92 00. 00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2; ' 661.09 661.09 40 .00 IIIGLENWOOD INGLEWOOD, INC. 1 23,48 '23.48 ,00 00 001768 H & L MESABI,.INC. : A28..132 138.82 • ".00. .00 .'r 002107 TOLL GAS &'WELDING •SUPPLIES, INC. ` - 1. 5.58 5.58 .00 ...00 • "002178 - WILSON DEVELOPMENT SERVICES 1 709.05 709:05 .00 .00 . ,002248 %; LARSON ALLEN WEISHAIR & CO.., LLP 1 3,500:00 .3,500.00. .00 - • .00 • 002310 LEAGUE OF MINNESOTA CITIES.. 2. .40.00 4000 . .00. 002340 IMAGE•PRINTING &,GRAPHICS, INC. 1 ' 331.91 331.•91 ' ' .00 .00 002522 DALCO.ROOFING /SHEET. METAL, INC. 1 1,822.:45 1,822.45 :.00 .00 • 002550 MENARDS,.INC.' 1 242.65 242.65 .00 00 002570 METRO COUNCIL WASTEWATER` SERVICES 1 544109.93 54,109.93 • 00" .00 002760 MN, DEPT OF HEALTH 1 4,617.00 4,617.00 00 .00 `002770 MINNESOTA DEPT OF ECONOMIC.SECURIT( 1 29.88 29,88. .00 . .00 Mate: 04/16/2004 Time: 07:40:13. Name City of Lino Lakes .FM Entry -, Invoice,Journa Operator: JAL Page: Discount # of items, Net Gross Discount Lost 002836 MINNESOTA•STATE TREASURER 1 4,208.11 -. 4,208.71 .00 .00 002849 MINNESOTA :PETROLEUM SERVICE, INC. 1 63.31 63.31 .00 .00 ..002900 - 'MN. DEPARTMENT. OF PUBLIC SAFETY 1 26.75` 26.75 00 :00 003050 MRPA ' : • 1 10.00 . 10.00 .00 . .00 003123 NATURE CALLS, INC. 1 54.65 54.65 ..00 :00 003220 • FACTORY MOTOR'PARTS COMPANY, INC.' 1 175.69 175.69 00 .00 003458_ RDJ SPECIALTIES, INC. ... 1 '755 -.46 755.46 .00 00 '003600. PRESS' PUBLICATIONS, INC. 2 26.24 26.24 .00 .00 •003900 SAFETY KLEEN CORPORATION, :INC.: 5 948.45 948.45 .00 .00 ' 003990 : . SHOREVIEW, CITY OF.' 1 6,593.87, 6,593.87• .00 -.; 004070.. 'REED BUSINESS INFORMATION. 0 J 2 290.32 `290.32 .00 _0 004142 STANDARD TRUCK & AUTO, INC. 1 1;186.07,. 1486.07 .00 .00 ..004172 STATE OF MINNESOTA 1 390.00.... . 390:00. .00 • .00 004240 STREICHERIS,'INC.. 1 .207.52<• 207.52 :00 :00 004300 SUPERIOR FORD ,. INC 1 26,065 00 26,065.00- 00,: 00 NORTH STAR PUMP SERVICE 1 624.70 624.70 .00 .0.0 00� T.K.D.A. 24 ...167,777.45 167,777.45 :00 .00 004427. TIMESAVER .OFF =SITE SECRETARIAL., INC, 1 '515.00 515.00 .00 :00,. 004540. TWIN CITY GARAGE DOOR C0 ,..INC. 1 849.00. 849.00 ..00 -.'00 004562 NATIONAL WATERWORKS, INC 3. 9,538.39 9;538.39 .00• .00 :004590 UNIFORMS UNLIMITED, INC . 1 99.55 99..55. .00 -:00 • 0:04716 SHERMAN WILLIAMS COMPANY, ii99.25. 399.26. . .00 .00 004729 HOME LINE .1 10.00.: 10.00 00. ' ' 004730;. VIKING INDUSTRIAL CENTER INC .. 1 59.04 59.04 ..00 .00, • '6.04761. INTERNATIONAL PUBLIC MANAGEMENT ASSOC. 1 145.00 145.00 .00':• ,00 004762 NEU & COMPANY: 1 6,166.09 6,166.09, 00 00 004801 ' HOGLUND, MARY J.' 1 200.00 •' 200.00 .00 ,:00 Date: 04/16/2004 Time: 07 :40 :14 City of Lino Lakes. .Operator: JAL. Page: 4 FM Entry:- Invoice Journal Name Discount # of items Net Gross Discount `,Lost 004880 900523 . 900524 ZACK'S INC. NUN.' INDUS. SUP OLSON SEWER SERVICE, INC. BURGER, LUANN' Grand Totals: 85.20 .85.20. .00 .00 161.20 161.20. .00 .00 1,124.80 1,124.80 .00 .00 117 42.4,612.37. 424,612.37 .00 .00* Date: 04 /16/2004 Time: 07:48:40 Operator: JAL Ranges: Options:. Page: City of Lino Lakes FM Entry - Invoice Payment — Approval of Bills Fund: (A) Dept Id: .(A) Program: (A) . Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 'Bank #: (A) Cash #; (A) Payroll Check Dates: (A) Print: .D Report Format:;1 # of copies: 1 Total By Account: Y. Check # Vendor Alpha Name 70751 ' 70752 70753. 0 70768 70755 .70757 0 0 0 0 70759 1. 0. 0 70762 0. 3873 3889 Sort: D Print Ranges /Options: Y ,Process Payroll: N Page on Sort: N Description. 2ND WIND EXCERCISE EQU AFSCME COUNCIL #14 AVALON HOMES, INC. BACCHUS HOMES, INC. BAROTT DRILLING SERVIC EAGLE CREST NW TOWNHOM HANSON BUILDERS; INC. LAW ENFORCEMENT LABOR METRO COUNCIL WASTEWAT MINNESOTA STATE TREASU MN. DEPT OF HEALTH PRESS PUBLICATIONS, IN QUALITY CHECKED CONSTR 'SHARPER HOMES, INC. • SHEA, BRENDA' SHOREVIEW, CITY OF T.K.D.A.: Dept Amount LF 9500 CT CPO * * * * * * ** 3,300.44 PAYROLL WITHHOLDING * * * * * * ** r 600.88 REIMB BLDG ESCROW /6614 S * * * * * * ** 2,000.00 REIMB BLDG ESCROW /6453 C * * * * * * ** 1,500.00 WELL ABANDONMENT * * * * * * ** 487.00 REIMB BLDG ESCROW /7877 0 * * * * * * ** 1,000.00 REIMB BLDG ESCROW /6413 L* * * * * * ** 500.00 PAYROLL WITHHOLDING * * * * * * ** 777.00 MARCH SAC /APRIL SEWER * * * * * * ** 13,365:00 MARCH SURCHARGE * * * * * * ** 4,208.71 QUARTERLY WATER CONNECTI * * * * * * ** .'.4,617.00 ; ADVERTISING /RILRY * ** * * * * *' 26.24 REIMS BLDG ESCROW /6449 L * * * * * * ** 500.00 REIMS DEPOSIT /7785 STALL * * * * * * ** 1,500.00. REIMBURSE PROGRAM REC. * * * * * * * *. . 30.00 QUARTERLY UTILITY BILLIN * * * * * * * *. 10.40 PROFESSIONAL SERVICE /FEB * * * * * * ** 44,754.07 TJB SUPER ENERGY HOMES REIMB BLDG ESCROW /6312 L ZYLSTRA HARLEY - DAVIDSO EMERGENCY LIGHTS Total for Dept ** 0 LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT Total for Dept 200 70775 U S BANK 0 0 0 70774 CENTENNIAL SCHOOLS * * * * * * ** • 1,500.00 * * * * * * ** 3,333.75 84,010.49* PROGRAM 70.00 70.00* INVERTER /REG. /P. C. /CERT ADULT SP Total for Dept 202 . PROGRAM REC /FLAHERTY'S B SPECIAL Total for Dept 205 ALL STAR SPORTS, INC. 'BURGER, LUANN •FRATTALLONE'S HARDWARE GTCTA HOGLUND, MARY J.' THREE RIVERS PARK DIST T- SHIRTS DANCE STUDENTS PARTS /SUPPLIES REGISTRATION INTERPRETER PROGRAM REC YOUTH YOUTH YOUTH YOUTH YOUTH YOUTH IN IN IN IN IN IN -11 35:00 35.00* 406.77 406.77* 231.75 1,124.80 10.09 45.00 200.00 25.00 Date: 04/16/2004 Time: 07:48:40 Operator: JAL Page:; City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name. . Description Dept Amount Total for Dept 207 70764 M INVENTORY TRADING COMP PROMOTIONAL MATERIAL MAYOR /CO 0 NEU &- COMPANY CITY LEADERSHIP WORKSHOP MAYOR /CO .70770 SAM'S CLUB, INC. SUPPLIES MAYOR /CO 0 TIMESAVER OFF -SITE SEC MAR 8, 10 MAYOR /CO 70775 U S BANK ' INVERTER /REG. /P. C. /CERT MAYOR /CO Total for Dept 401 0 ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI ADMINIST 0 CHOICEPOINT SERVICES, DRUG TEST /13 ADMINIST .0 CULLIGAN, BOTTLED RATE. MONTHLY SERVICE /MARCH ADMINIST 0. . INTERNATIONAL PUBLIC M MEMBERSHIP /DAN T ADMINIST • 0 LEAGUE. OF MINNESOTA CI REGISTRATION /GORDON H ADMINIST 0 ONVOY, • INC. WEB.HOSTING ADMINIST 70772 SPRINT MONTHLY SERVICE /MARCH ' ADMINIST 70775 U S BANK. INVERTER /REG. /P. C. /CERT ADMINIST Total for Dept 402 1111/0 70.765 0 0 0 70767 0 0 0 70769 0 0 0 0. 0 70773 70775 0 1,636.64* 60.00 6,166.09 104.21 190.00 179.58 6,699.88* 144.20 104.00. 71.87 145.00 20.00 47.50 ' 100.88 139.00 772.45* LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT FINANCE .1,- 540.00 Total for Dept 407 .1,540.00* TIMESAVER OFF -SITE SEC MAR 8, 10 PLANNING' 325.00 Total for Dept 416 325.00* T.K.D.A._ MEETING ATTENDANCE /FEBRU ENGINEER 35,960.61 Total for Dept 417 35,960.61 *,. ASPEN MILLS, INC. CARROLL, JAMES CENTRAL COMMUINICATION CHIEF SUPPLY, INC. CLEARWATER CREEK CONVE CONNEXUS 'ENERGY .HOME LINE IMAGE PRINTING & GRAPH LEAGUE OF MINNESOTA CI ,MINNESOTA CHIEFS. OF PO MN.' DEPARTMENT OF PUBL RDJ SPECIALTIES,•INC. STATE OF MINNESOTA • _STREICHER'S,,INC.. • PANTS /SHIRTS /PATCHES POLICE. REIMBURSE UNIFORM ALLOWA POLICE MODEM /JAN, FEB, MAR' POLICE BARRICADE TAPE /GOLVES /AN POLICE CAR WASHES POLICE MONTHLY SERVICE /MARCH POLICE. SEMINAR /CLIFF'R POLICE PRINT TOWED VEHICLE REPO POLICE REGISTRATION /DAVE P ` POLICE MEMBERSHIP /DAVE P POLICE LICENSE TAB /'04 FORD EXP POLICE PENCILS POLICE CONNECT CHARGES /1ST QUAR POLICE ' MICROCASSETTE RECORDER /H POLICE 'SUPERIOR FORD, INC.. '04 FORD EXPEDITION ' POLICE TARGET SUPPLIES POLICE U S BANK INVERTER /REG. /P. C. /CERT POLICE UNIFORMS UNLIMITED; IN HOLSTER POLICE Total for Dept 420- 527.40 182.62 1,341.00 180.40 68.16 21.31 10.00 331.91 20.00 150.00 26.75. 755.46 390.00 207.52 26,065.00 79.89 655.02 99.55 • 31,111.99* 'CENTENNIAL.FIRE DISTRI BUDGET . FIRE' 109,755.75 :Total for Dept 421 .109,755.75* Date: 04/16/2004 Time: 07:48:40 Operator: JAL • Page: City of Lino Lakes FM Entry - Invoice Payment - ._Approval of Bills • Check # Vendor Alpha Name . . Description Dept. Amount 70756 KLUEGEL, PETER REIMBURSE CLOTHING ALLOW BUILDING 17.75 • 70776 UNIVERSITY OF MINNESOT'REISSUE /AP•#70328- PATRIC BUILDING • • 13'0.00 • Total. for Dept 422 147.75* 70767 .CONNEXUS ENERGY MONTHLY SERVICE /MARCH. STREETS 772.47 .0 EARLANDERSON ASSOCIAT STREET SIGN' STREETS .110.72 .0 JOHNSON, RICK .• DEER REMOVAL /MARCH STREETS ' 90.00 -70760 SBC, INC. •.'MONTHLY SERVICE /MARCH STREETS .9.18 • 0 T.K.D.A. 04 SEALCOAT: STREETS 840.48 .70763 XCEL ENERGY . MONTHLY SERVICE /MARCH STREETS 3,.084 :04 Total for Dept 430 4,906.89* 0 AMERICAN FASTENER & SU WASHERS/COTTER' PINS/NUTS FLEET • 107.12 0 AUDIO COMMUNICATIONS. NEW RADIO /REPAIR MIC GRO FLEET 876.83 0 BEE LINE. ALIGNMENT SER FRONT END :ALIGN FLEET 100.00 .'0 DEHM OIL COMPANY, INC. GASOHOL . FLEET 2,996.84 O EMERGENCY AUTOMOTIVE,T TUBE /FLANGE /LENS ..FLEET 661.09 O FACTORY MOTOR PARTS C0 BATTERY FLEET 175.69 0 FOREST LAKE FORD, INC. SPARK PLUGS FLEET 35.87 0. FRATTALLONE'S HARDWARE PARTS /SUPPLIES•.•• FLEET 18.37 - 0 H & L MESABI, INC. PLOW NOSE - FLEET 138.82 0 •MACQUEEN EQUIPMENT, IN TRACTOR BROOM REPLACEMEN'FLEET 908.51 0 MENARDS, INC. POWERLOCK /SHELVING FLEET 51.00 0 MINNESOTA PETROLEUM' SE WEATHER SHIELD FLEET 63.31 0 SAFETY.XLEEN CORPORATI PARTS CLEANER • FLEET 359.00 0 'SCHARBER & SONS,' INC. 'SERVICE BOOKS FLEET ' 219.39 0. STANDARD .TRUCK & AUTO, SPRINGS FLEET X1,186.07 TOLL GAS ..& WELDING SUP CYCLINDER FLEET • 5.58 110'043 '0 0 . VIKING INDUSTRIAL CENT BATTERIES FLEET 59.04 - •0 .W E LAHR COMPANY PARTS /SUPPLIES .:•• 'FLEET . 158.55 0' ZACK'S INC . MUN. INDUS.WAX WASH FLEET 85.20 Total for Dept 431 : 8,206.27* • 0" ACE 'SOLID' WASTE, INC. MONTHLY SERVICE /APRIL GOVERNME 334.85 0.` AMERIPRIDE LINEN /APPAR MAT RENTAL ,. GOVERNME 151.05 • ' 0 C..P. OFFICE PRODUCTS 'OFFICE SUPPLIES' • GOVERNME 2226.00. 70766. CENTERPOINT /MINNEGASCO MONTHLY SERVICE /MARCH GOVERNME . '1,229.16 • 70767 CONNEXUS ENERGY MONTHLY SERVICE /MARCH . GOVERNME 934.81' . 0. COORDINATED BUSINESS S'COPIER MAINTENANCE /APRIL GOVERNME 523.95 . '0 'DALCO ROOFING /SHEET ME INSTALL METAL CAP /ROOF R•GOVERNME 1,822.45 ' 0 FRATTALLONE!S HARDWARE PARTS /SUPPLIES GOVERNME 56.79 - O'.GLENWOOD INGLEWOOD,.IN- MONTHLY SERVICE /MARCH : GOVERNME . 23.48 -0 MENARDS,• INC. . POWERLOCK /SHELVING ' GOVERNME 191'.65 70758 OFFICEMAX, 'INC. 'OFFICE SUPPLIES GOVERNME 84.27 • 70770 SAM'S CLUB,•INC.. . SUPPLIES GOVERNME 13.34 O SHERMAN WILLIAMS COMPA MULTISPEC • . GOVERNME 399.26 '0 STATE SUPPLY COMPANY; 'FAUCET /SUPPLIES GOVERNME •399.92 • 0:- TWIN CITY GARAGE DOOR FURNISH & INSTALL PHOTO GOVERNME 849.00 70775 U S BANK INVERTER /REG. /F. C. /CERT GOVERNME 1,232.77 '0 WIPERS AND WIPES, INC.. TISSUE /CAN LINER /TOWELS, GOVERNME 328.29 Date: 04/16/2004 Time: 07:48:40 Operator:. JAL Page: City of Lino Lakes -FM Entry - Invoice Payment - Approval:of.Bille Check # - Vendor Alpha Name ,Description Dept Amount . 70777 XCEL ENERGY MONTHLY SERVICE /MARCH GOVERNME 3,007.21 Total for Dept 432 11,808.25 *. O BEACON BALLFIELDS DIVI'SPARKLE /RED BALL CLAY PARKS 1,311.00.' 70766 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /MARCH PARKS .166.29 70767 CONNEXUS ENERGY . MONTHLY SERVICE /MARCH PARKS 42.60 O FRATTALLONE'S HARDWARE PARTS /SUPPLIES PARKS 57.25 • O ? NATURE CALLS, INC. , PORTABLE RESTROOM RENTAL PARKS 54.65 WIPERS AND WIPES, INC. CAN LINERS PARKS 98.66 Total for, Dept 450 1,730.45* 70754 BERNSTEIN, BARRY REIMURSE MILEAGE RECREATI 44.63 0 •MINNESOTA DEPT OF ECON UNEMPLOYMENT INSURANCE RECREATI 29.88 0 MRPA REGISTRATION /LIZ B. . "RECREATI 10.00 Total for Dept 451 84.51* 0 KFC RECYCLING DAY SOLID WA 170.61 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 589.45 Total for Dept 462 760.06* O BEISSWENGER'S COUPLING DRAIN /TOOL BOX WATER .18.75. 70766 ,CENTERPOINT /MINNEGASCO MONTHLY 'SERVICE /MARCH. .WATER: 788.40 70767. CONNEXUS ENERGY MONTHLY SERVICE /MARCH • WATER 832.64. O FRATTALLONE'8 HARDWARE PARTS /SUPPLIES WATER 65.94. 0'< INSTRUMENTAL RESEARCH, "WATER :SAMPLES WATER 190.00. O LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT. WATER .350.00 � 0 NATIONAL WATERWORKS, I COPPERHORN WATER 9,538.39 O SEC, INC. MONTHLY SERVICE /MARCH WATER ` 13.77 0' 'BHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN WATER 5,223.20 70775 ".tU S BANK INVERTER /REG. /P. C. /CERT WATER 44.50 Total for Dept. 494 17,065,59* 70767 '.CONNEXUS ENERGY MONTHLY SERVICE /MARCH 'SEWER 245.79 O'''FRATTALLONE'S HARDWARE PARTS /SUPPLIES SEWER 13.48 Q LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT SEWER. ' 35000 O METRO COUNCIL WASTEWAT MARCH SAC /APRIL SEWER .SEWER 40,744.93 0. NORTH STAR PUMP SERVIC INSTALL SAFE MODULE • SEWER 624.70 •0 OLSON SEWER SERVICE, I ROTOR LINE -6758 EAST SHA SEWER 161.20 70760. SBC, INC. MONTHLY SERVICE /MARCH SEWER 4.59 O .SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN SEWER 1,360.27 70775• "U S BANK INVERTER /REG. /P. C. /CERT SEWER 44.50 70777 XCEL.ENERGY ' MONTHLY SERVICE /MARCH SEWER •'172.47 Total for Dept 495 ". 43,721.93* 0 LARSON ALLEN WEISHAIR PROGRESS BILLING /AUDIT ';OTHER 1,190.00 O _•REED BUSINESS INFORMAT ADVERTISING /WEAR & LEVEL OTHER 290.32 0 •T. K.D.A. •'04 WEAR COURSE OTHER • 86,222.29 0 WILSON DEVELOPMENT SER ACQUISITION /RELOCATION S OTHER'` 709.05 - ,Total for Dept 499 88,411.66* •Grand Total 449,167.94* -14- Centennial Fire District Check Register 4/16/2004 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004. 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 4/16/2004 14204 14205 14206 14207 14208 14209 14210 14211 14212 14213 14214 14215 14216 14217 14218 14219 14220 14221 14222 Armor Security, Inc. City of Lino Lakes Comfort Plus Heating & Cooling GT Tool Corporation International Assn. of Dive Rescue Janet Haapoja Loffler Business Systems. Orkin Exterminating Qwest Sam's Club Viking Office Supplies Voluteer Firefighter's Benefit Assn. Xcel Energy Fire Engineering Milo Bennett Superior Ford, Inc. North Metro Media Center Image Printing & Graphics Designer Sign Systems, Inc. ACCOUNT. 42110 - Other Maintenance 41000 - Payroll Expense 42110 - Other Maintenance 42130 - Equipment Expense 42200 - Dues and Memberships 42180 - Office Supplies 42180 - Office Supplies 42110 - Other Maintenance 42240 - Telephone 42180 - .Office Supplies 42180 - Office Supplies 42200 - Dues and Memberships 42254 - Station 2 - Electric 42210 - Subscriptions 42000 - Vehicle Maintenance 11100 - Equipment - Fixed 42130 - Equipment Expense 45010 - Safety Camp Expense 42130 - Equipment Expense AMOUNT 545.01 48602.93 1006.03 1019.72 25.00 13.15 47.80 56.23 187.90 216.12 270.89 274.00 482.85 99.75 28.50 25,780.00 5,108.40 55.41 48.00 $83,867.69 AGENDA ITEM 1B STAFF ORIGINATOR: Jean Viger, Deputy Clerk DATE: April 26, 2004 TOPIC: Approve Application for Rice Lake Elementary PTO to Conduct Excluded Bingo VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Under Minnesota Statute 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Rice Lake Elementary PTO is requesting approval to hold it's annual "Back to School Family Bingo Night ". This event will be held at Rice Lake Elementary School, 575 Birch Street, on Friday, September 17, 2004. There is no license fee involved and all prizes for the event are donated. The PTO is requesting early approval so the organization can receive the license from the Gambling Control Board and continue to move forward with ordering the bingo cards and soliciting for prizes. 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 application, a certificate of non -profit status from the Secretary of State's office and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 AGENDA ITEM 1 C STAFF ORIGINATOR: Jean. Viger, Deputy City Clerk DATE: April 26, 2004 TOPIC Resolution No 04- 48, Approving Solicitor's/Peddlers License BACKGROUND: Mr. William Friedrichs, dba D &B Home Improvements, has submitted an application to go door to door and solicit home improvement services. Mr. Friedrichs is a resident of Circle Pines and has lived in the area his entire life: Attached please find a copy of the flyer he will be presenting to the homeowners as he goes door to door.: Mr. Friedrichs has complied with all of the provisions of the Lino Lakes City Code for obtaining the necessary license, including a background check. The Lino Lakes Police Department performed the background check and indicated there would be no reason to recommend denial of the license. The application and results of the background investigation are on file in the city clerk's office: OPTIONS::: 1: Approve Resolution No 04 -48 2 Deny Resolution No 04 -48 RECOMMENDATION: Option No 1 CITY OF LINO LAKES.. COUNTY OF ANOKA RESOLUTION NO. 04 - 48 RESOLUTION APPROVING SOLICITOR'S/PEDDLERS LICENSE. WHEREAS, Mr. William Friedrichs, dba D & B Horne Improvements, has submitted a solicitors /peddlers applications to the city clerk's office; and WHEREAS, Mr. William Friedrichs has complied with all of the provisions of Chapter 612 of the Lino Lakes City Code for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on Mr. Friederichs; NOW, THEREFORE, by order of the Lino Lakes City Council, and virtue thereof, the said business, D & B Home Improvements, is hereby authorized to solicit door to door in the City of Lino Lakes for a period of six (6) months beginning April 27, 2004 subject to all conditions and provisions of the Lino Lakes City Code, Chapter 612. Passed by the City Council of the City of Lino Lakes this 26tht'' day of April, 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk your roof 15 to 20 years oi Spring is here and now is the #a et your new roo Specialist n nd tee:. Lica 11121. AIM • in yaur'I0c0 1Jerizon: Superpages or Qwest Dex under Rooting Contractors STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Ann J. Blair, City Clerk April 26, 2004 Consider Adoption of Resolution No. 04 -52, Authorizing Transfer of Liquor License and Issuance of New Tobacco License for LTV and Associates, Inc. d/b /a/ J & K Liquor Simple Majority An application has been submitted by Lia Vang (LTV and Associates, Inc.) d/b /a J & K Liquor for transfer of an existing Off -Sale Liquor License for J & K Liquor, 6013 Hodgson Road, from the present owner, Brian Thorson. The application is complete, and the necessary fees have been paid. The application has also been submitted for a tobacco license for the new owner at this location, in conjunction with this request. The Lino Lakes Police Department has conducted a background investigation relative to these applications as required and found no problems nor any reason to deny the application. In accordance with the City Code Section 701, Liquor Licensing, this business requires City approval for transfer of an existing Off -Sale Liquor License, and this business . qualifies for such transfer of existing license. In addition, in accordance with the City Code Section 602, Regulating the Sale, Possession and use of Tobacco Products and Tobacco Related Devices, this new business requires a Tobacco License from the City of Lino Lakes to engage in sales of any tobacco products, and this business qualifies for such Tobacco License. The applicant is fully aware license approval is subject to all the provisions and conditions of the laws of the city, state and of the federal government. OPTIONS: 1. Approve Resolution No. 04 -52 authorizing transfer of existing Off -Sale Liquor License and issuance of new tobacco license. 2. Deny Application. • • RECOMMENDATION: Option 1 CITY OF LINO LAKES RESOLUTION NO. 04-52 APPROVING TRANSFER OF EXISTING OFF -SALE LIQUOR LICENSE AM) ISSUANCE OF NEW TOBACCO LICENSE,FROM BRIAN THORSON TO LTV AND ASSOCIATES, INC. DB /A J & K LIQUOR BOTH FOR J & K LIQUOR, 6013 HODGSON ROAD WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on April 26, 2004, and; WHEREAS, the Lino Lakes City Council discussed transfer of an existing Off -Sale Liquor License to applicant Lia Vang (LTV and Associates, Inc.) to continue under the current business name of J & K Liquor located at 6013 Hodgson Road and; WHEREAS, the Lino Lakes City Council discussed issuance of a new tobacco license to applicant for the same location and; WHEREAS, the City of Lino Lakes has conducted an investigation of the applicant, and the existing J & K Liquor, as well as the new applicant are both in compliance with City Ordinance, and; WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the tranfer of an existing off -sale liquor license for J & K Liquor, and the issuance of a new tobacco license subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. Adopted by the Lino Lakes City Council this day of , 2004. John Bergeson, Mayor ATTEST: Ann J. Blair, City Clerk AGENDA ITEM 3b STAFF ORIGINATOR: Dan Tesch, Director of Administration MEETING DATE: 8 March 2004 TOPIC: Consider Contract Settlement for Local 49 VOTE REQUIRED: 3/5 BACKGROUND: Local 49 represents our Public Works employees. As with all other employee groups, we are recommending an annual adjustment of 2 %, with a 1% market adjustment for all groups covered by this contract in 2004, and a _1 % market adjustment in 2005 for general maintenance employees only. When analyzing market conditions, we look at twin cities metro Group VI cities (population 10,000 — 25,000). This approach to salary implementation is the approach we have taken for several years, and is the approach we are taking as we continue to negotiate our two remaining union contracts. g g g In addition to wages, we have agreed to the following contract amendments: • 2004 Family Insurance contribution of $660.28, plus half the increase in the premium for 2005. • Establishment of a Post Retirement Health Savings Plan (employee funded). OPTIONS: 1. Approve the proposed two -year 2004 -2005 contract. 2. Decline to approve the proposed 2004 -2005 contract. 3. Return to staff for further review and/or action. RECOMMENDATION: 1. Option #1: Approve the proposed 2004 — 2005 contract. J: \Local 4912004 \Greensheet 2004 05.doc • STAFF MEMBER DATE SUBJECT VOTE REQUIRED AGENDA ITEM 3c Daniel Tesch, Director of Administration 26 April 2004 Vadnais Lake Area Water Management Organization (VLAWMO) 3/5 BACKGROUND Mr. Rocky Keehne has represented the City of Lino Lakes on VLAWMO since 1 January 1995. He informed staff that he no longer wished to serve on this board, but would be willing to help out a successor. The city advertised and local resident Mr. Jeff McDowell notified us of his willingness to serve as a commissioner on this board. I have included Mr. McDowell's response to our application as well as the section of the VLAWMO agreement that outlines the board of commissioners. OPTIONS 1. Appoint Mr. Jeff McDowell to VLAWMO 2. Decline to reappoint Mr. McDowell and readvertise. RECOMMENDATION Number One. J:\Appointments\2004 \VLAWMO.doc Jean Viger • Page 1 of 1 From: McDowell, Jeff J [jmcdowell @bonestroo.com] Sent: Monday, April 05, 2004 2:23 PM To: Jean Viger Subject: VLAWMO Commissioner application Hi Jean, A couple weeks ago you mailed me an application for the open VLAWMO commissioner's position. I hope you don't mind, but I typed my responses to the application questions, and I attached the file as a Word document. I would be honored to be considered for this position. If you have any questions, please call me at work or home. Sincerely, Jeff McDowell 4 /Si '7nna 22 -B.2 Personal Information Last Name: McDowell First: Jeff Middle: James Present Address: 1578 LaMotte Circle Lino Lakes, MN 55038 Telephone Residence: Work: ' May we call you at work Yes No Essay Questions (use the space below or attach separately) 1. Please list any education or training you believe is relevant to the position. I have a Master's Degree in Landscape Architecture from the University of Minnesota. In addition, I took Hydrology and Hydrologic Design from the University of Minnesota's Civil Engineering department. 2. Please list any work experience you believe is relevant to the position. I worked as a CAD \GIS technician and water resources designer in the Water Resources Group at Bonestroo, Rosene, Anderlik and Associates from the summer of 1994 to the summer of 2003. During this time, I was involved in numerous water resources studies and engineering projects. In the summer of 2003, I was named the Head of Landscape Architecture at Bonestroo. I have worked on the following water resources related projects while at Bonestroo: 1. Wetland restorations 2. Wetland mitigations 3. Stream restoration 4. Shoreline bio- engineering 5. Erosion and sediment control 6. Water quality and water quantity review of development plans 7. Trout stream thermal modeling 8. Hydrocad modeling 9. Municipal surface water management plans 10. Numerous permitting projects 3. Please list any volunteer experience you believe is relevant to the position. I can't think of any that would be relevant. 4. Please list any professional, trade, business or civic activities and offices held. (you may exlude memberships that would reveal sex, race, religion, national origin, age, ancestry, sexual orientation, handicap or other protected status.) I am a registered Landscape Architect in Minnesota. Applicant Signature Jeff McDowell Date April 5, 2004 • For the purposes of this Agreement, the terms used herein shall have the meanings as defined in attached Appendix I. SECTION III BOARD OF COMMISSIONERS Subdivision 1. Appointment. The governing body of the Organization shall be its Board. . Each governmental unit shall be entitled to appoint. one representative on the Board, and said representative shall be called a "Commissioner. Governmental Units within the Area are: City of Gem Lake, City of Lino Lakes, City of North Oaks, City of Vadnais Heights, City of White Bear Lake, White Bear Township and the Board of Water Commissioners of the City of St. Paul.... Subdivision 2. Eligibility. Each governmental unit shall appoint its Commissioner and the terms of each Commissioner shall be as established by this Agreement. Subdivision 3. Term. The term of each Commissioner appointed by each governmental unit shall be for three years except as stated in item 3a. and until their "successors are selected and shall commence on November 15, 19g3. The terms of the . • Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows:. a.. The Commissioners appointed by the governmental units of White Bear Township,.Lino Lakes, White Bear Lake, Vadnais Heights shall be appointed for an initial • . . • term of two years, subsequent terms shall be for three years. • b. The Commissioners appointed by the governmental units of North Oaks, Gem • Lake and St. Paul Water Utility shall be appointed for a term of three years. '5/6/97 22 -B.5. • • Subdivision 4. Vacancy: Any vacancy shall be filled for the unexpired.term of temp any. Commissioner by the governmental unit who appointed said Commissioner.. Appointing governmental units shall publish notice of vacancies resulting from expiration • • of members'. terms and other reasons. The notices must be published at least once in a . • • newspaper of general circulation in the watershed management organization area. The . notices must state that persons interested in being appointed to serve on the watershed . . • management organization board may submit their names to the appointing authorityyfor. . consideration. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. Subdivision 5. Compensation. Commissioners shall serve without compensation • • and without expense allowance or reimbursement from the. Board, but this shall not • • • prevent a governmental unit from providing compensation for its Commissioner for • serving on the Board, if such compensation is authorized. Subdivision 6. Board. • At the first *meeting. of the Board and the first meeting each year thereafter,' the Board shall elect from its Commissioners a chair, a vice chair, • secretary, and treasurer, or combination secretary- treasurer, and such other officers as it • deems necessary to conduct its meetings and affairs. •At the organizational meeting or as • soon thereafter as it many be reasonably done, the Board shall adopt rules governing its ::..meetings. Such rules may be amended form time to time at either_a regular of special :meeting of the Board. • Subdivision 7. Alternate Representative. One Alternate Commissioner to:the Board shall be appointed by the governrriental unit of each party to this Agreement. • • • • • 5/6/97 . 4 22 -B.6 ' •. ...„ . • • • . . However if a Commissioner serves as an officer of the Board, the Alternate Commissioner ' • • : • . • • shall not be entitled to serve as such officers.; • . . „ • . • • • • . Subdivision 8. Duties. The Chair shall preside over meetings of the Board, and . . • • in the absence of the chair the Vice chair shall perform this duty. In the absence of the Chair or Vice Chair, the Treasurer shall preside. The Chair shall retain all rights of a commissioner to speak make motions and vote. The Secretary shall maintain a record of the proceedings of the Board, be responsble for the custody of the.records of the Board, see that notices are duly given and • . • • • • such other duties as the Board may assign. If the duties of the secretary are delegated to an employee, the secretary shall supervise the performance .of those duties. • . . • •• • • • . . The Treasurer 'shall be responsible for all monies of Organization and shall report • • • • I • . • • I • • the fiscal condition of the Organization to the Board. The officers of the Board shall be signers of financial disbursements. • • - .. • • Subdivision 9. Quoruni. A majority of-the appointed members of the board shall constitute a quorum. In the absence of a quorum, a scheduled meeting shall be canceled. Subdivision 10. Voting. Amendments to the operating budgets shall require approval of four or more of the Commissioners, and works of Improvement will require approval of four or more of the Conunissioners; all other matters will carry by a simple majority of those voting.. Subdivision //. Meetings. Regular meetings of the Board may be held once per month on a day selected by the Board. All meetings of the Board are subject to M. S. - . 471.705 (open meeting law). Notice of the time and place Of the meeting shall be sent to 5/6/97 • • • • • • • • ., • • • 2,-.135.7. . . . • . • • all members of the public requesting this information, posted one week before the meeting outside the meeting area, and shall be published in a newspaper of general circulation distributed in the .watershed. Meetings shall be conducted in accordance with the latest. version of Roberts Rules of Order. SECTION IV . POWER AND DUTIES OF THY BOARD Subdivision 1. Board. The Organization, acting by its duly appointed board of Commissioners, shall have the powers and duties= set out in this article,. • Subdivision 2, Rules and Regulations. The Board may prescribe and promulgate such rules as it deems necessary to carry out its duties and the purposes of this Agreement These rules and regulations shall be submitted to the governmental units for review and the governmental unit shall submit its comments to the Board within 45 days. :.'Subdivision 3. Watershed Management Plan. The Board shall prepare a water • 'Management plan, as required by the Act, to be completed by December 31, ..1997. The plan shall::.:. a. Describe the existing physical environment, land use, and development in the area and the environment, land use,-and development proposed in existing local and • .metropolitan comprehensive plans; b. Present information on the hydrologic system and components, including any drainage systems previously constructed under M.S. 106A.005 - 10.6A.811, and existing and potential problems relating thereto: 5/6/97 • 6 22 -B:8 • AGENDA ITEM 6A STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 26, 2004 TOPIC: PUBLIC HEARING, Easement Vacation FIRST READING; Ordinance No. 03 - 04, Vacating Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: City Staff is currently working with the applicant and the adjacent property owners of Lot 2, Block 1, Oak Brook Peninsula regarding the vacation and acceptance of drainage and, utility easements. City Staff requires additional information on this matter before making a recommendation to the City Council. We are requesting that the Public Hearing be continued to the May 10, 2004 City Council meeting: OPTIONS: 1. Continue the Public Hearing to the May 10, 2004 City Council. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: VOTE: BACKGROUND AGENDA ITEM 6. B. i. Jeff Smyser April 26, 2004 Resolution 04 -43 - Final Plat, Century Farm North 2nd Addition and Amending Height Restriction Condition of Approval of Resolution 03 -60 3/5 The preliminary plat for Century Farm North was approved by the City Council on April 28, 2003 with Resolution 03 -60. The approval includes a phasing plan as required by the growth management ordinance. The final plat for phase 1 (56 units) was approved in July. The developer has submitted the final plat for phase 2. The submitted final plat includes individual lots for units in phase two of the approved phasing plan. This includes 65 units: 22 single family detached townhomes, 42 single family lots, and one single family lot for an existing house. This existing home was not expected to remain when the phasing plan was approved. In order to comply with the approved phasing plan, this lot must be counted as a new unit. ANALYSIS Because of the complexity of this project, each phase includes elements not necessarily included in previous phases. The final plat for each phase must be compared against the conditions of approval. The final plat substantially conforms to the approved preliminary plat and phasing plan. A title commitment has been approved by the City Attorney, along with the association declarations and the partial release of the powerline easement. A development contract is being prepared, and will include financial securities. Conditions attached to approval of the preliminary plat (Resolution 03 -60): • Condition #4: "The submitted townhome housing types and building elevations be modified to specify finish materials and be subject to City approval. Side walls facing • • • Century Farm North 2nd Addition Final Plat page 2 public streets shall include windows or other architectural features to avoid the appearance of a blank wall." The City's townhome building material standards in the zoning ordinance state: Exterior Building Finish: The exterior of townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, townhome dwelling structures shall comply with the following requirements: a) A minimum of twenty -five (25) percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. b) Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than seventy -five (75) percent of one type of exterior finish. c) For the purpose of this section, the area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas. The P & Z was concerned about a monotonous appearance to the development. We discussed this at the subsequent work session on April 7t'. After that discussion, the developer submitted on April 9th four color and material options which satisfy the ordinance requirements and the concerns of the P & Z. Condition #6: The original approval included specific height restrictions to protect air space for the private air park. The applicant is requesting revisions to these. The revised building height plan includes a 7:1 "transitional surface" on the sides of the runway and a 20:1 "approach surface" off the end of the runway. We have discussed the proposed new restrictions with MnDOT Aeronautics. The new restrictions are more complete and more in line with MnDOT recommendations. Under MnDOT rules, the approach surface (off the end of runway) must be maintained for the air park to continue having a license to operate. The transitional surface off the sides of the runway is recommended, but not mandatory. The City is not obligated to adopt these restrictions. It is in the air park's interest to do so. Public entities have to purchase land or development rights around public airports to maintain several safety zones. Placing restriction on the use of land to protect a private airport is a different situation. The City's comprehensive plan does includes an objective to adopt some airport zoning restrictions. This plat, with its new airpark lots that are part of the airpark itself, offers the opportunity to do so without imposing restrictions on land outside of the plat. These restrictions apply only to property within the Century Farm North development. Century Farm North 2nd Addition Final Plat page 3 Condition #10: This condition addresses park dedication for the plat. The park trails are to run within a powerline easement. Since the trail will be a City park trail, we wanted to make sure that the trail is allowable. The developer has negotiated with the powerline easement holder, Great River Energy, to ensure that the trail is acceptable. This was part of the negotiations over reducing the size of the easement. The easement actually covered a much larger area and the developer negotiated to confine the easement. PLANNING & ZONING BOARD The P & Z recommended approval of the final plat at its March 10th meeting. OPTIONS. 1. Approve the final plat for Century Farm North, including the revision of Condition #6 of Resolution 03 -60, the height restrictions. 2. Table and return to staff with direction. RECOMMENDATION Option 1 This report is based on the following: Final Plat, Century Farm North 2nd Addition, received March 4, 2004. Air Park Building Height Exhibit, received March 4, 2004 Building Elevations: received March 26, 2004 Building Materials samples received April 9, 2004 Letter from Great River Energy of March 16, 2004 with Partial Release of Easement signed March 12, 2004, rec'd March 26, 2004 Letter from Great River Energy of March 3, 2004, rec'd March 26, 2004 • CITY OF LINO LAKES RESOLUTION NO. 04-43 RESOLUTION APPROVING THE FINAL PLAT FOR CENTURY FARM NORTH 2°a ADDITION AND AMENDING HEIGHT RESTRICTIONS ADOPTED WITH RESOLUTION 03 -60 WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the site is included in the Century Farm North preliminary plat approved by the City Council on April 28, 2003, by Resolution 03 -60, and WHEREAS, the preliminary plat approval included phasing of the development over several years, and WHEREAS, the final plat for Century Farm North 2 °a Addition, received by the City March 4, 2004 is consistent with that phasing plan and other City requirements, and WHEREAS, it has been determined that height restrictions for structures within the Century Farm North preliminary plat area included in condition #6 of Resolution 03 -60 should be revised to be consistent with MN Rules Ch. 8800; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the fmal plat for Century Farm North. BE IT FURTHER RESOLVED, that no structure shall be constructed higher than the imaginary surfaces depicted on the "Air Park Building Height Exhibit ", received by the City on March 4, 2004, which replaces Condition #6 of Resolution 03 -60. Adopted by the Lino Lakes City Council this day of , 2004. John J. Bergeson, Mayor ATTEST: • Ann Blair, City Clerk • =Il it srI, LU nrte arraYror V. erih 011$1 • owg- 51b 2 xgw -2 Ob- 16 larags [0/9/9 >m Drt V1053NNIV1 'S3NY1 0911 'aav c FLLdON�r Hv Adf1LN3J (NV 'Oav .121 H111ON Wuyy AUR1N3O 1161HX3.1HOOH 0018 WIV'd dlv MO Nn 7NNd IuiNJOw . 113NN 1094439 0430 `0 M'1M9Wd0'®!.g0 NINON FNVA AMMO. ... s3d013430/s3NM0' .I6 WO,. u0 Iw 35934 1100 MNMW 04 001 • 590191439 • 1.5 /E 0350/.0/0 3[V0 o. 0 .Q. L 0 '1 0 0 0 a0 0; 5 a 0 1: 0 0 d r al Itaaaaaaaaaataaattaaa IP t kg \g. .maaaaaa Ida eeee sass ::: "a;aa=A C_GCC aMaa8 ass. .tis 84E. HI 3 1406 6,Yi6 gl C'Ct CI:CC[t gag?cia- GtGC a cad GCL'CCG as 1 Vlo -30 . AGENDA ITEM 6Bii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 26,2004 TOPIC: Resolution No 04 - 47, Authorizing Execution of Development Agreement, Century Farm North 2 "d Addition Vote Required: Simple Majority. BACKGROUND: The City Council approved the preliminary plat of Century Farm North on April 28, 2003 and authorized execution of a grading only development agreement on May 27, 2003. Century Farm North Addition consists of 249 units of residential development. Century Farm North 2 "d Addition consists of 65 units of residential development. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement the Century Farm North 2' Addition Development. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $1,037,500.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $88,150.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans.; Deposit of a cash escrow in the amount of $216,000.00 to reimburse the City for costs incurred by the. City related to the development and improvements of the site and developer improvements. Century Farm Development, Inc. has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1: ` Return to staff for further review, 2. Adopt Resolution Number 04 - 47, Authorizing Execution Development Agreement, Century Farm North 2 "d Addition. 3. Not adopt Resolution Number 04 - 47. RECOMMENDATION: Option No 2 - Staff recommends that Resolution Number 04 - 47 be adopted. CITY OF LINO LAKES RESOLUTION NO. 04 - 47 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, CENTURY FARM NORTH 2 "DADDITION. WHEREAS, the City Council approved the preliminary plat of Century Farm North on April 28, 2003, and a grading only development agreement on May 27, 2003, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Century Farm Development, Inc., for Century Farm North 2' Addition Subdivision and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. Adopted by the Lino Lakes City Council this 26th day of April, 2004. John J. Bergeson, Mayor Ann J. Blair, City Clerk DEVELOPMENT CONTRACT Century Farm North 2" Addition THIS AGREEMENT made this 26th day of April, 2004, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and. Century Farm North Development, Inc. whose address is 3157 Berwick Knoll, Brooklyn Park, Minnesota 55443 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Century Farm North 2nd Addition, hereinafter called "Subdivision ", said land is legally described to -wit Outlot D, Outlot E, and Outlot H, CENTURY FARM NORTH, Anoka County, Minnesota. WHEREAS, the Developer requested that the City construct and finance certain improvements to service the subdivision; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property: WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of fmal plat; and Development Contract Century Farm North 2 °d Addition 4 -26 -2004 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I - DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". lI DEVELOPER IMPROVEMENTS The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. Development Contract Century Farm North 2nd Addition 4 -26 -2004 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street The City Forester shall determine species, size and location. The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and ILA.3 as listed above. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as . required by the City shall be installed prior to development when necessary to control erosion. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil gnalityprior to development. Development Contract Century Farm North 2nd Addition 4 -26 -2004 The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction: Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. All remaining grading must be completed prior to issuance of building permits. Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. The Developer's engineer shall certify, in writing with an as-built survey, that all grading complies with the grading plan prior to issuance of building permits. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property . owners. Lot comer irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. Development Contract Century Farm North 2 °a Addition 4 =26 -2004 10. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an . access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. " The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued.. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary. streets. 12. Street Lighting: a) Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 14. The Developer shall be responsible for securing all site grading and development approvals and pemuts from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. Development Contract Century Farm North 2nd Addition 4 -26 -2004 15. The. Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 16. Cost of Developer Improvements, description and completion dates are as shown on Attachment A. 17. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 18. The Developer shall construct and pay for all improvements as described in the landscaping plan. 19. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan. 20. Guarantee Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the Development Contract Century Farm North 2nd Addition 4 -26 -2004 workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's. Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS The City shall credit the Developer for the following described improvements to serve the Subdivision on the terms and conditions herein set forth: 1. Storm sewer trunks. 2 Sanitary sewer trunks. 3 Water trunks. .. Development Contract Century Farm North 2nd Addition 4 -26 -2004 The Developer shall reimburse the City for the following described improvements to serve the Subdivision on the terms and conditions herein set forth: 1. Sanitary sewer trunks. Construction Procedures 1. All City Improvements above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 and City Charter providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such City Improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of City Improvements under the City's complete supervision. Security, Levy of Special Assessments and Required Payment Therefore. 1.. Prior to the preparation of final plans and specifications for the construction of said City Improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to thirty -five (35 %) percent of the total estimated assessments as established by the City Engineer. (See Attachment B) Said letter of credit or cash escrow including accrued interest thereon, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. Developer must receive written notice and a reasonable opportunity to cure before City draws on cash escrow for special assessments. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shall be less than 35% of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such City Improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in accordance with City policy existing the date of this agreement, in equal annual principal installments plus interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All related special assessments levied hereto shall be payable to the City Clerk in semi - annual installments over fifteen (15) years commencing on page 8 -40- Development Contract Century Farm North 2nd Addition 4 -26 -2004 April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier. In the alternative, the City, at its option, may certify the entire assessment roll to the Anoka County Auditor for collection with the Real Estate Taxes. In the event any payment is not made on the dates set out herein, the City may exercise its rights granted hereunder for such default. The Developer waives any and all procedural and substantive objections to the installation of the City Improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. Required Payment of Special Assessments by Developer. 1. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such City Improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid Cost of City Improvements whether assessed or to be assessed under this agreement against such property. 2 If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to one hundred twenty percent (120 %) of the Engineer's estimate of the special assessments for such City Improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. Developer will be paid interest on all assessments paid before the levy of such assessments by the City at the . bond interest rates paid by the City. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the Subdivision, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid . Development Contract Century Farm North 2nd Addition 4 -26 -2004 pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits for any parcel with the Subdivision for which the assessments have not been paid. IV RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2.. Planner Review Fee 3. Administration 3% Construction Cost 4 _ Engineering a) Administration page 10 -42 Development Contract Century Farm North 2"d Addition 4 -26 -2004 5 Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street. Lighting - Install/Operate 10. Traffic. Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. The Developer further agrees that an as-built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. The Developer further agrees to make an application to FEMA for a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan prior to issuance of building permits. Each lot must comply with erosion control measures to prevent any material from leaving the lot The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. Each lot must have a City approved Certificate of Grading showing the as-built survey prior to an issuance of a Certificate of Occupancy. It shall be the page 11 -43- Development Contract Century Farm North 2nd Addition 4 -26 -2004 responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. PHASING PLAN The development shall be constructed in accordance with the approved phasing plan as follows: 1. A total of 55.0 acres of MUSA shall be allocated for the project, and the project's 249 residential units shall be developed in accordance with the following phasing plan, which is illustrated on Attachment C: Year 2003 2004 2005 2006 2007 total MUSA acres to be Allocated 15.3 _ 11.4 13.5 5.4 9.4 55.0 Lots to be final platted 5 6 6 5 5 2 4 3 3 3 2 4 9 VIII. HOURS OF CONSTRUCTION ACTIVITY All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed IX OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a page 12 -44- Development Contract Century Farm North 2nd Addition 4 -26 -2004 combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. XI REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XII. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XIII. GENERAL Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. Final Plat Approval The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement Development Contract Century Farm North 2 °d Addition 4 -26 -2004 and all required petitions, bonds, security, and documents including the following: a) Review and approval of a Homeowner's Association agreement, which includes provisions for the operation and maintenance of all signage and buffer areas. Review and approval of informational brochure including Best Management Practices with regard to buffer and wetland area requirements. c) Receipt of warranty deeds or dedication of all outlots proposed to be conveyed to the City. d) Detail of proposed wetland and buffer area signage. e) Receipt of permanent easements covering temporary cul -de -sacs lying outside dedicated right -of -way. f) Receipt of Conservation Easements covering wetland buffer areas. g) A total of 55.0 acres of MUSA shall be allocated for the project. The phasing plan will have 11.4 acres of MUSA in 2004 for 65 dwelling units. The applicant provides documentation to the City that all applicable runway safety requirements have or will be satisfied.. The runway safety zone requirements are hereby established as a zoning restriction. Specific hanger designs be submitted subject to City approval prior to consideration of the final plat approval of the lots with the hangers. Signs shall be installed along all wetland buffer /easement areas. Wetland easements shall extend, at a minimum, 10 feet outward from the .delineated wetland boundary. XIV. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. page 14 -46 Development Contract Century Farm North 2nd Addition 4 -26 -2004 XV. PARK DEDICATION A. Park dedication for Century Farm North consists of only land dedication and no park dedication fee. (VI. PROPERTY TAXES Should the recording of the Final Plat occur after July 1; any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility: of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. Development Contract Century Farm North 2 °a Addition 4 -26 -2004 DEVELOPER CITY OF LINO LAKES By By Developer Mayor STATE OF MINNESOTA ) SS COUNTY OF ANOKA ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary public Development Contract Century Farm North 2 "a Addition 4 -26 -2004 STATE OF MINNESOTA ) SS COUNTY OF ANOKA On this day of , of 20 before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME Century Farm North 2nd Addition NUMBER OF REU's: 65 APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.): 11.3 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE _ IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $20,000 2 EROSION CONTROL Estimate e $17,000 3 SITE ENGINEERING & SURVEYING Estimate a $20,000 4 LANDSCAPING Estimate e $84,650 STREET CONST. A. Subgrade /Base Course Estimate e $157,088 B. Wear Course Estimate a $29,146 STORM SEWER CONST. A. Trunk Estimate a $0 B. Lateral Estimate e $126,148 C. Surface WaterMgmt. Charge (s.f.) $0.050 a $24,612 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,340 a $26,442 B. Trunk Credit ($86,258) C. Trunk Unit Charge (REU) $1,015 $65,975 D. Lateral Estimate e $105,322 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,495 a $28,194 B. Trunk Credit ($7,755) C. Trunk Unit Charge (REU) $1,640 a $106,600 D. Lateral Estimate a $111,305 SUBTOTALS: $670,659 $251,823 Trunk Credits $94,013 TOTALS : $157,810 See Attachment B for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study - 5 0 - 4/19/04 att.t hmentc d1 R ld .. ATTACHMENT B CITY FEES •DEVELOPER INSTALLED IMPROVEMENTS , PROJECT NAME: Century Farm North 2nd Addition • NUMBER OF REU's: APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.): ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3. ADMINISTRATION A. Administration Fee - 3% of const. B. Legal C. Publications 4 DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee IlkBOULEVARD TREE PLANTING DEVELOPMENT. SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA TOTALS: BUDGET COST $7,500 $7,500 $0 $0 $0 $0� So 3% of const. $1,000 $1,000 $1,665 DEVELOPER. CITY NOTE IMP. (X) IMP. (Y) b b a.. b a 90 /unit a b 80 /unit $1,590 $225 $3,000 Total SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE a: Cost by City policy b; Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e; Provided by Developer f: Estimate by Feasibility Study b b 20700 $20,700 65 11.3 ESCROW AMOUNT (Z) $7,500 $7,500 $25,0.00 $0 $75,000 $0 $30,000 $18,700 $1,000 $1,000 $0 $18,500 $5,850 $0 $5,520 $6,360 $900 $3,000 $5,170 $5,000 $216,000 Att.A Att.B 104 $1,006,000 $31,500 $1,037,500 $88,150 $0 $88,150 $0 $216,000 $216,000 -51- 4/19/04 • attachments 4- 16-04 e AGENDA ITEM 6. C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 26, 2004 TOPIC: Resolution 04 -50 Variance Request: Lot Area, Lot Width, Road Frontage St. Paul Regional Water Services VOTE: 3/5 BACKGROUND St. Paul Regional Water Services owns numerous pieces of property on and near lakes in Lino Lakes and Centerville. One of these parcels includes the dam between Peltier Lake and George Watch Lake. St. Paul Water wishes to divide this parcel, keep the part with the dam, and sell the rest to Anoka County to include in the regional park. • Because the parcel has no road frontage and is shaped very oddly, several variances are needed. No development will occur on the site. ANALYSIS The site is on the west side of Lake Peltier, between the lake and Main St. (CSAH 14) as it goes through the Rice Creek Chain of Lakes Regional Park Reserve. The parcel snakes along the lake shore, includes the dam, and has no road frontage. The parcel is zoned PSP Public Semi- Public. Minimum requirements in this zone are: minimum lot area (unsewered lot) 10 acres minimum lot width 150 feet In addition, the subdivision ordinance requires that "all lots shall have frontage on an improved public street that provides the required lot width at the minimum front yard setback ". The proposed minor subdivision will create two lots out of one, both of which will not meet the above three requirements. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. CITY OF LINO LAKES RESOLUTION NO. 04-50 RESOLUTION APPROVING VARIANCES FROM REQUIREMENTS FOR LOT AREA, LOT WIDTH, AND ROAD FRONTAGE FOR THE ST. PAUL REGIONAL WATER SERVICES WHEREAS, a request has been submitted to the City for the approval of a minor subdivision which requires variances for lot area, lot width, and road frontage, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the site is that described in the legal description in Attachment A, and WHEREAS, the Lino Lakes City Council makes the following findings: a. The property in question cannot be put to a reasonable use if used under conditions allowed • by the official controls. The site is completely surrounded by the lake and the regional park reserve. It cannot be developed as a usable parcel. The dam on the site regulates the water level of Peltier Lake. The site cannot be used for anything else. It has no road frontage now. Of the two lots being created, one will include the dam. The second will be attached to an adjacent parcel owned by Anoka County as part of the park reserve. b. The plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The physical shape, location, and isolated nature of the parcel prevent use for anything other than the dam and the park reserve. c. The hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations are not the only part of the situation. The intent is to convey the broken off land to Anoka County for park use. d. 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. There are very few other situations that can be compared to this one. Land locked parcels owned and operated exclusively for public purposes would receive the same consideration. e. The proposed actions will be in keeping with the spirit and intent of the ordinance. As stated in the zoning ordinance, the PSP zoning district is designed and intended to aid in guiding development towards fulfillment of the Comprehensive Plan and to serve a number of functions, including to provide the community with properly located public services and public utilities, provide the community with properly located open green space, parks, playgrounds and recreational facilities. This proposed variances will allow a minor subdivision that provides for public services and utilities by serving the regulation of the lake water level for the St. Paul Regional Water Services. It also provides for additional public open space by adding land to the park reserve. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the variances for lot area, lot width, and road frontage. BE IT FURTHER RESOLVED, that the variances are subject to the following conditions: 1. Anoka County shall grant an access easement to the dam parcel from CSAH 14. 2. Anoka County shall combine the land that does not include the dam with an existing parcel to avoid creating a completely new parcel. Adopted by the Lino Lakes City Council this day of , 2004. ao ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor - 54 - Resolution 04 -50, page 2 • ATTACHMENT A: Lino Lakes Resolution No. 04 -50 insert legal description John K. VonDeLinde Director March 3, 2004 Anoka County Department of Parks and Recreation 550 Bunker Lake Boulevard NW • Andover, Minnesota 55304 Jeff Smyser Community Development City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota' 55014 Dear Jeff: Telephone (763) 757 -3920 • FAX (763) 755 -0230 RECEIVED MAR 1 1 2004 CRY OF LINO LAKES As we discussed, this letter is to inform you that Anoka County agrees to the lot split on parcels identified by the St. Paul Regional Water Services, known as, Lot 6 & 8, of Auditor's Subdivision Number 46 revised, in the City of Lino Lakes. This parcel is also identified by the survey provided to you from Woodrow A. Brown, RLS, dated May 29, .2003. In discussions with the County Recorder's Office, they would be willing to combine.the new parcels with the existing adjacent property owned by Anoka.County. Anoka County has drafted an Easement Agreement with St. Paul Regional Water Services providing for ingress and egress, which, upon transfer will be recorded. A copy of the agreement i = ttached. As alway -, I ap reciate your consideration of this matter. If you have any questions, please do no hesi ate to ontact me at 763- 767 -2864. incer Eoloff Park Planner /RLA c: John VonDeLinde Jerry Strauss Timi Bailey Enclosure LARRY D. HOIUM Anoka County Surveyor COUNTY ..OF ANOKA OFFICE OF ANOKA COUNTY SURVEYOR GOVERNMENT CENTER 2100 3' Avenue Room 224 Anoka, MN 44303 -2265 Phone: 763- 323 -551.0 Fax: 763 - 323 -5418 INGRESS AND EGRESS EASEMENT ACCESS TO PARCEL NO. 20 ST. PAUL WATERWORKS LAND TRANSFER June 12, 2003 A 30 foot permanent easement for ingress and egress purposes to maintain the Anoka Dam site located on Peltier Lake in Section 15, Township 31, Range 22, Anoka County, Minnesota. The centerline of said easement being described as follows: Commencing at the northwest corner of the Northeast Quarter of said Section 15; thence South 00 degrees 42 minutes 52 seconds East, assumed bearing, along the.west line of said Northeast Quarter of Section 15 -a distance of 2077.78 feet to the point of beginning of said • centerline; thence South 49 degrees 26 minutes 06 seconds East 399.49 feet; thence South 42 degrees 36 minutes 01 seconds East 152.45 feet to a point hereinafter referred to as Point "A" and said centerline there terminating. Said Point "A" being described as follows: Commencing at the southwest corner of Government Lot 2 of said Section 15; thence North 89 degrees 14 minutes 03 seconds East along the south line of said Government Lot 2 a distance of 600,38 feet; thence North 48 degrees 00 minutes 00 seconds West 270.00 feet to said Point "A" The northeasterly and southwesterly sidelines of said easement are to be prolonged or shortened to terminate on said west line of the Northeast Quarter and the northeasterly sideline is to be prolonged . or shortened to terminate at a line having a bearing of North 47 degrees 00 minutes 00 seconds East from said Point. "A.. TOGETHER WITH a permanent easement for ingress and egress purposes being 15 feet in width and lying southwesterly of and adjoining the following described line: Beginning at the above described Point "A "; thence South 48 degrees 00 minutes 00 s econds East 235.00 feet and said easement there terminating. The southwesterly lines of both- above described easements are to be prolonged or shortened to intersect with each other. - 5 7 - RECEIVED MAR 1 1 2004 CITY OF LINO LAKES RCINDEAU --- `;.:-• • • =LIMN 111111nr"-- Ell . •• — • — • 1111-0@mtativettrigigiv77;-. a fri, In vim up A".02-- 58 filirl ;-"EllT3. —:ms■ ill 13-Itek la • PROPOSED LAND USE PLAN (DETAIL) LINO LAKES COMPREHENSIVE PLAN UNTY STATE' AND . HIGHWAY. N0: • 14 - 207778 . T: • 9 '. sus l'� 3 a = s a !I .y < ,. . 4 ± ,, j 1 „ a0 s8 0? ' C- ss uR >._!S•L ; ue q Q •' s g..g 1a1E RS' 0 9i.. E g 1 lot 24 5S SS s gp SS .1: -g , ti- g Es grab eA- " s $ z Rs; a 1 ti• • RR AMY AGENDA ITEM 6. D STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 26, 2004 TOPIC: Resolution 04 -51 Denying Variances for Lot Area, Lot Width 1612 Birch St. VOTE: 3/5 BACKGROUND Martha Houle and John DeHaven have submitted a request for variances from requirements for minimum lot area and lot width. Their property at 1612 Birch St. comprises 15 acres. They wish to divide the property into two parcels. This would be a minor subdivision and does not require public review: it is done administratively. However, the subdivision proposal does not meet lot dimension requirements. The property owners have requested the variances from those requirements. A variance requires the review of the P & Z and the City Council. ANALYSIS Land Use and Zoning: The following table lists land uses and zoning for the site. Location Existing Land Use Guided Land Use Existing Zoning Rural Site rural residential Medium Density Resid., stage 2 (post 2010) North agricultural Low Density Sewered Resid. R -1X South rural residential Low Density Unsewered Resid. Rural East rural resid. and vacant Public Semi - Public and Low Density Unsewered Resid. Rural West urban residential Low Density Sewered Resid. R -1X The site is in a stage 2 growth area, which is intended for development after year 2010. The site is not in the current MUSA. The site is zoned Rural. In the Rural zoning district the following requirements apply: minimum lot area (unsewered lot) minimum lot width 10 acres 330 feet The intent of the staged growth areas is to guide land for future development, but to prevent it from being subdivided so as to interfere with future development. The comprehensive plan and the zoning ordinance require the ten acres for rural areas. A rural clustering alternative is offered -62- • • • Houle/DeHaven page 2 for areas outside of the staged growth areas, but is specifically prohibited within staged growth areas. The other Rural zone option, a one -acre lot, applies only where a habitable single family home existed prior to 1992. The building permit for the existing house was issued in 1998. The property was 40 acres at that time. In 2000, the City Council approved a minor subdivision to split the 40 acres into the present two parcels of 15 and 25 acres. Growth Management: As shown on the attached table, the City has reached its quota for new lots for year 2004. Other applications listed for year 2005 all are within the staged 1 growth area (pre- 2010). Several are within the existing MUSA. Creating another lot would exceed even the 20% flexibility for 2004. Variance In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The site is being used for a single family home. Under the current comprehensive plan, the site will be eligible for development and MUSA year 2010. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The lot was created in year 2000, the result of splitting 40 acres into 15 acres and 25 acres. The site is rectangular and developable in the time frame laid out by the comprehensive plan. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. It appears that economic considerations are the driving force behind the application. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Granting this variance would be granting special privilege that is not available to others. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Rural district purposes include the following: - 63 - Houle/DeHaven page 3 This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: 1. To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. 2. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 3. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 4. To reduce the possibilities of rural -urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. The comprehensive plan establishes a growth strategy which includes . prohibiting new lots less than 10 acres in staged growth areas. Departing from this would interfere with the orderly design intended to preserve continuity and efficiency of service. Future development will be reviewed based on complete information for the proposed development. PLANNING & ZONING BOARD The P & Z recommended approval of the variances at its April 14th meeting. OPTIONS 1. Approve the requested variances for lot area and lot width. 2. Deny the variances. RECOMMENDATION Option 2 • The proposed variances would provide for a minor subdivision that is inconsistent with the comprehensive plan strategy. • A new lot would exceed the allowable growth under the growth management policy. • The variance request is based on economic considerations. This report is based on the following information: Sketch & Description received March 24, 2004 Letter from Martha Houle/DeHaven, dated 2/24/04, received March 24, 2004 -64- • • • CITY OF LINO LAKES RESOLUTION NO. 04-51 RESOLUTION DENYING VARIANCES FOR LOT AREA AND LOT WIDTH, 1612 BIRCH STREET WHEREAS, a request has been submitted to the City for the approval of variances for lot area and lot width to allow a minor subdivision at 1612 Birch Street, and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following findings: a. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. The site is being used for a single family home. Under the current comprehensive plan, the site will be eligible for development and MUSA after year 2010. b. The plight of the landowners is not due to physical circumstances unique to his property not created by the land owner. The lot was created in year 2000, the result of splitting 40 acres into 15 acres and 25 acres. The site is rectangular and developable in the time frame laid out by the comprehensive plan. c. The variance request is based on economic considerations. d. Granting the variance requested will confer on the applicant special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. The proposed actions will not be in keeping with the spirit and intent of the ordinance. The Rural district purposes include the statement that the district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: 1. To preserve productive land for agricultural use and maintain "open space" within and near to urban areas. 2. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 3. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 4. To reduce the possibilities of rural-urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and other necessary services. • The comprehensive plan establishes a growth strategy which includes prohibiting new lots less than 10 acres in staged growth areas. Departing from this would interfere with the orderly design intended to preserve continuity and efficiency of service. Future development will be reviewed based on complete information for the proposed development. f. The City has a growth management target for new lots and has reached its quota for new lots for year 2004. Creating another lot would exceed even the discretionary 20% flexibility for 2004. The variances would allow the creation of an additional lot which would violate the growth management policy of Ordinance No. 01 -03. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby denies the applications for variances for lot area, lot width, and road frontage. Adopted by the Lino Lakes City Council this day of , 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 6 6 - Resolution No. 04 -51, page 2 • fi MAR 2 2004 CITY OF LANQ c5 sir CENTERVILLE LAKE • v� 4 @aor• s. MOM m op0000000©v ©mm o0�4 Trnry ,_ COY: OF LINO LAKER s m A `I ©m mm ITI. mmm aurkilika iIn 11 121E0 FA icsitarEdu 1Eum� n ■; "'oils'�a .171 1 isinta OF 8 0'! 34� 30 T.31' R22 • • - 6 8 - a'I "ma A: • PROPOSED LAND USE PLAN (DETAIL) LINO LAKES COMPREHENSIVE PLAN ZONING MAP DETAIL kaA411444.T, AiV-Etld9 SI<ETCH. 4 •• r;ESCR I PT I ON • . • . ` /North Line of the NW1%4..of SW1 /4 of Sec,26 ' . N00 16'16 "W "\--1—. _� — '-1 �— -- 492.35 47.30 N8 49 2.14 • West 1 /4 Corner • ' ''. BIRCH wTREET 494.57 C•S.A.H,' 10 ji Sec: 28, T31, R22'' Anoka • County, C.I.M. / Elev. Mon. =909.72 f NORTH r For Martha Houle . 707 'Harriet Avenue Shoreview MN 56126 *Tel: 482 -8973 Of ., Part .of the-...Nit 1/4 of the'SW 1/4' Sec. .26, T 31, R 22 . • Anoka County, MN — Parcel; k — Parcel B: AREAS Total Area- 12.5 Acres Right .-of —Way- '0.30 Acres Total Area - 2.5 Acres. Right— of —Wayi 0.54 Acres t0 N .ti a) . O • 0 E Z • at • p a� c 320.08 ANOKA COUNTY . RIG -0R —WAY Na1:4 &5" )y 320.08 • . .4..<■■ EXISTING kit,' 1 'LOUSE 1 L A .c'o`d • 24.71 .. 45 4‘ 4P EXISTING ' S BARN. ci,,, a' v en .. M ) 42 320,00 • mOUn 320.06 P • - SOUTH LINE OF THE NORTH 341 FEET OF. THE NW 1/4 OF •THE SW 1/4 OF SEC. 28 • FARCE A • ' The West 494.50 'feet of the' Northwest Ouarter.'of :the Southwest Ouorter of Section..26, Township 31, • • Range. 22, Anoka 'County, Minnesota, Except the North 341 feet of the West 320 feet thereof. •Subject to easements of record. • . • X AL •PARCEL B • • The North 341 feet of 'the West 320 feet of • the West. 494.50 feet of •the Northwest Quarter of the Southwest Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota.. Subject to easements of record. • • • • • • LEGENo . 0 0EN0TE5•ANOKA COUNTY R/W MONUtENT FOUND . •0- DENOTES ANOKA•COUNTY CAST IRON M0NUMENT •' • DENOTES IRON MONUMENT SET 1011.2 DENOTES EXISTING ELEVATION. • DENOTES 'DIRECTION OF DRAINAGE. • DENOTES LOWLAND (NO WETLAND DELINEATIQN COMPLETED OR APPROVED BY ANY GOVT AGENCIES) Scale 14= 100' JOB# 98.640 DIV. • 24.7 24.79 174.51 • n p • • HIGHWAY • ' I PLAT N0.11 • r S`• wee • I • • • 494.50 �1Y: vp ..:.i:.?eC.:C::E ::li':.d i. /- South Line of the NW1 /4 of SW1 /4 of Sec.26 —', . l hereby certify that this plan, survey or report was prepared by_me or under my direct supervision . and that / am a duly Registered .Land Surveyor under the lows of the State, of Minnesota. Opted this 74} -day.'of Fcdo[ta y 2002. - 71 -ense No. '5/10-78 E,G.RUD .4 SONS, INC LAND. WRAP-ORS 9180 LEXINceTON AVE. NO. . CIRCLE PINES, MINNESOTA 55014 -3025 TEL. 163 -186 -6666 PAX 163- 996 -600 • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6E Michael Grochala April 26, 2004 Consideration of Resolution No. 04 -49 Authorizing Lake Drive /I -35W Interchange Study Simple Majority As part of the Legacy at Woods Edge development review process, a traffic study prepared by Short, Elliott, Hendrickson, Inc., identified the necessary improvements to Lake Drive that would be required to facilitate development. These improvements included the following: 1. Signalization of Town Center Parkway /Lake Drive intersection and both ramps to • -35W. 2. Realignment of the northbound I -35W ramp. 3. Construction of two southbound left turn lanes between the I -35W bridge and Town Center Parkway. 4. Construction of a southbound left turn lane at the northbound I -35W ramp. 5. Construction of northbound right and left turn lanes at the Town Center Parkway /Lake Drive intersection. While the feasibility study for the proposed improvements, both internal and external to the Legacy site, is just commencing, the very preliminary cost estimate for the Lake Drive improvements is approximately $2.4 million. It is anticipated that these improvements would be, for the most part, temporary until the reconstruction of the I- 35W interchange. Because of the estimated cost of the Lake Drive improvements and the recognized need for improving the I -35W interchange, staff is evaluating options to: 1) facilitate improvement of the interchange in conjunction with the Legacy project; 2) minimize the extent of reconstruction if the interchange is constructed at a later date; and 3) provide a planning base to pursue county, state and /or federal funding for interchange improvements. Staff has requested a proposal from SEH, Inc., to determine the needed lane • configurations and geometry for the Lake Drive /I -35W interchange between Town Center Parkway and Apollo Drive. The proposal includes identifying width requirements City Council Lake Drive/I -35W Interchange Study April 26, 2004 and construction staging concepts for the bridge as well as investigating options to widen the existing bridge versus all new construction. Cost estimates would also be provided for the proposed improvements. SEH is proposing to perform these services at a cost not to exceed $22,500. Generally, the improvement of the interchange in its entirety would serve the broader public good and stimulate economic development efforts in the Town Center area both north and south of I -35W. Due to the limited availability of county, state and federal dollars for transportation improvements, and that the Lake Drive /I -35W interchange, has not scored well, historically, in the State Transportation Improvement Program (STIP) process, it is extremely important to try and maximize opportunities when possible. Given that Lake Drive improvements are necessary to facilitate the Legacy at Woods Edge and YMCA projects, it is staffs opinion that any possibilities to incorporate the improvements into a more comprehensive plan should be explored. Staff has submitted a request to Anoka County for cost participation. While they have not had the opportunity to formally respond, it is likely that they will provide, at a minimum, some credit towards future project development. Staff is recommending approval of Resolution No. 04 -49. e ATTACHMENTS 1. Resolution No. 04 -49 • • • City Council Lake Drive/I -35W Interchange Study April 26, 2004 CITY OF LINO LAKES RESOLUTION NO. 04 -49 RESOLUTION AUTHORIZING PREPARATION OF LAKE DRIVE /I -35W INTERCHANGE STUDY WHEREAS, the proposed Legacy at Woods Edge project, requires certain improvements be made to Lake Drive (County State Aid Highway 23); and WHEREAS, it is beneficial to the City to evaluate the proposed Lake Drive improvements in conjunction with future I -35W interchange improvements; and WHEREAS, the City's Consulting Engineer, SEH Inc., has submitted a proposal to perform such services NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City's Consulting Engineer, SEH, is hereby authorized to prepare the Lake Drive/ I -35W Interchange Study. Adopted by the Lino Lakes City Council this 26th day of April, 2004. Ann Blair, City Clerk John J. Bergeson, Mayor AGENDA ITEM 6F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 26, 2004 TOPIC: Resolution No. 04 -53, Approving Comprehensive Water System Plan VOTE REQUIRED: Simple Majority BACKGROUND: The City's Comprehensive Water Plan was last prepared in 1991. Since that time, the system has undergone substantial expansion and modification to service both existing and new development. City Staff was ordered by City Council to revise the Comprehensive Water System Plan to more accurately reflect existing conditions as well as identify future system needs. Preparation o the Comprehensive Water System Plan has been completed and City Staff is requesting Council approval. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 04 -53, approving Comprehensive Water System Plan. 3. Not adopt Resolution Number 04 -53. RECOMMENDATION: Option No 2 - Staff recommends that Resolution No 04 -53 be adopted. CITY OF LINO LAKES RESOLUTION NO. 04-53 RESOLUTION APPROVING COMPREHENSIVE WATER SYSTEM PLAN WHEREAS, the. City's Comprehensive Water Plan was last prepared in 1991; and WHEREAS, the water system has undergone substantial expansion and modification to service both existing and new development; and WHEREAS, the plan needs to be revised to more accurately reflect existing conditions as well as identify future system needs; and WHEREAS, the City's Engineer, TKDA has prepared a Comprehensive Water System Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That such Comprehensive Water System Plan, a copy of which is attached hereto and made part hereof, is hereby approved. Adopted by the Lino Lakes City Council this 26th day of April, 2004. John J. Bergeson, Mayor Ann J. Blair, City Clerk